Polyphonic Federalism: Toward the Protection of Fundamental Rights [Hardcover]

Robert A. Schapiro (Author)

Book Description

Publication Date: May 15, 2009 | ISBN-10: 0226736628 | ISBN-13: 978-0226736624

The relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting “polyphony” creates a system that is more efficient, democratic, and protective of liberties.

            This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.

 

 

(20080701)

Editorial Reviews

Review

“Polyphonic Federalism is a very interesting and important book, proposing a provocative new conception of federalism in the United States. It will make a very important contribution to the current discussion of the functioning of, and the purposes behind, our system of constitutional federalism.”—Robert Williams, Distinguished Professor, Rutgers School of Law

 

 

 

 

(Robert Williams 20090115)

"A brilliant book that offers a sophisticated new theory of federalism. Professor Schapiro''s approach—polyphonic federalism—defends having a multitude of actors working to enhance freedom and provide effective governance. Supreme Court justices, federal judges, legislators, and academics all should pay careful attention to this path breaking work."—Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine, School of Law

 

 

 

 

 

 

(Erwin Chemerinsky )

“Schapiro is joining a group of scholars exploring dimensions of federalism that have not been sufficiently in focus.  His contribution enables us to see facets of doctrine and practices that remind us that our system is better described as ‘federalisms’—pluralized to capture the differing relationships among states and the federal government and across the states themselves.”—Judith Resnik, Arthur Liman Professor of Law, Yale Law School
 
 

(Judith Resnik )

About the Author

Robert A. Schapiro is professor of law at Emory University School of Law.

 

 

Product Details

• Hardcover: 256 pages
• Publisher: University Of Chicago Press (May 15, 2009)
• Language: English
• ISBN-10: 0226736628
• ISBN-13: 978-0226736624
• Product Dimensions: 9.1 x 6.1 x 0.9 inches
• Shipping Weight: 1.1 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,188,123 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews

1 of 1 people found the following review helpful:

5.0 out of 5 stars Book Defends Relationship between State and Federal Law, October 8, 2009

By 

Center for the Study of Law and Religion at E... (Atlanta, GA) - See all my reviews

This review is from: Polyphonic Federalism: Toward the Protection of Fundamental Rights (Hardcover)

A new book by Emory Law Professor Robert A. Schapiro, a Center for the Study of Law and Religion (CSLR) associated faculty member, defends the advantages of multiple perspectives in government, arguing that the resulting "polyphony" creates a system that is more efficient, democratic, and protective of liberties.

In Polyphonic Federalism: Toward the Protection of Fundamental Rights (University of Chicago Press, 2009), Schapiro argues that the relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.

***

The Center for the Study of Law and Religion (CSLR) at Emory University is home to world-class scholars and forums on the religious foundations of law, politics, and society. It offers first-rank expertise on how the teachings and practices of Christianity, Judaism, and Islam have shaped and can continue to transform the fundamental ideas and institutions of our public and private lives. The scholarship of CSLR faculty provides the latest perspectives, while its conferences and public forums foster reasoned and robust public debate.