Federalism: A Dialogue

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Northwestern University Press, Jul 19, 1995 - Law - 154 pages
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David Shapiro explores the virtues and defects of federalism as it has developed in this country from a variety of perspectives that include historical, constitutional, economic, social, and political considerations. Using the dialectical form adopted by advocates trying a case before a court, Shapiro not only examines the strongest arguments on the two principal sides of the issue but also probes the potential value of the dialectical process itself.
 

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Contents

z The Case for Strong National Authority
14
B The Existence of Significant State Autonomy
34
Strong National Authority Is Needed in Order to Protect
50
The Case for Federalism as a Constraint
58
B The Preservation of a Significant PolicyMaking Role
75
Federalism and Dialogue
107
The Exercise of Discretion
118
Federalism as a Dialogue
137
Selected Bibliography
143
Citation Tables
151
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About the author (1995)

David L. Shapiro is William Nelson Cromwell Professor at Harvard Law School. He is the editor of The Evolution of a Judicial Philosophy: Selected Opinions and Papers of Justice John M. Harlan and coauthor of Hart and Wechsler's The Federal Courts and the Federal System and has published widely in scholarly journals.  

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