Democracy and American Constitutionalism

[Robert Justin Lipkin]

        Approximately two weeks ago I asked the members of the list for
literature on the general question of which form of democracy underlies
American constitutionalism. Several list members asked me to post the
results:

1.  Marci Hamilton, Discussion and Decisions: A Proposal to Replace The Myth
of Self-Rule with An Attorneyship Model of Representation, 477 (1994).

2.  Marci Hamilton, Perspectives on Direct Democracy The People: The Least
Accountable Branch 4 U. Chi. L. Sch. Roundtable 1 (1996-1997).

3. DESIGNING DEMOCRATIC INSTITUTIONS (Shapiro & Macedo, NYU Press).

4.  James Gardner's, Madison's Hope. 86 Iowa L. Rev. 87 (2000).

5.  Dennis Thompson, JUST ELECTIONS (Harvard 2002).

6.  Ellen Katz, Race and the Right to Vote After Rice v. Cayetano, 491 MICH.
L. REV. 491 (2000).

7. Robert Dahl, HOW DEMOCRATIC IS THE CONSTITUTION?

8. Chapter Six of Lani Guinier's "new book." (This might be THE MILNER'S
CANARY (2002) (with Gerald Torres). I'm not sure

9. Daniel Greenwood, Beyond the Counter-Majoritarian Difficulty: Judicial
Decision-Making in a Polynomic World, 53 RUTGERS L. REV. 781 ( 2001).

10. R. Dworkin, Introduction, FREEDOM'S LAW (2000) originally published in
the New York Review of Books. Also an article published in the Alberta Law
Review.

Thanks,

Bobby Lipkin
Widener University School of Law
Delaware
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