Journals Higher Education

$79.00

Hardcover

17 February 2012

432 Pages

6-1/8 x 9-1/4 inches

ISBN: 9780199737987


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Bookseller Code (06)

Federalism and the Tug of War Within

Professor Erin Ryan

  • Explains the pendulum-like vacillations in the Court's federalism jurisprudence in terms of the underlying "tug of war" between competing federalism values
  • Reveals federalism interpretation as the choice between alternative theoretical models, each faithful to constitutional directives but emphasizing different trade-offs among values
  • Applies its theoretical analysis in concrete examples of interjurisdictional crises, such as Hurricane Katrina, air and water pollution, nuclear waste, health reform, and climate governance
  • Reveals the interpretive role of state as well as federal actors and of political as well as judicial actors in its paradigm-shifting recognition of intergovernmental "negotiated federalism"
  • Proposes a "Balanced Federalism" model that explicitly mediates the values tug of war and allocates responsibility for federalism interpretation among all state and federal actors--providing the missing theoretical justification for existing political safeguards while preserving a role for limited judicial review
  • The Balanced Federalism alternative provides missing theoretical justification for existing political safeguards while preserving a role for limited judicial review
  • In exploding the dominant "zero-sum" model, demonstrates how federalism in practice differs from federalism in rhetoric, and offers hope for moving beyond the more paralyzing features of the discourse toward more workable, effective governance
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