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60 Howard L.J. 663 (2016-2017)
Evaluating President Obama's Appointments of Judges from a Conservative Perspective: What Did the Election of Donald Trump Mean for Popular Sovereignty

handle is hein.journals/howlj60 and id is 693 raw text is: Evaluating President Obama's Appointments of Judges from a Conservative Perspective: What Did the Election of Donald Trump Mean for Popular Sovereignty? STEPHEN B. PRESSER* INTRODUCTION: PRESIDENT OBAMA'S JUDICIAL APPOINTMENTS: THE NUMBERS ................ 664 I. PRESIDENT OBAMA'S VIEW OF THE JUDICIARY: A CURRENT PARTY DIVISION OVER BLACKSTONE AND BENTHAM ........... 665 II. DONALD TRUMP AND THE CONSERVATIVES ON THE JUDICIARY ........................... 668 III. THE VIEW OF THE CONSERVATIVES WITH REGARD TO THE PRESERVATION OF POPULAR SOVEREIGNTY ................................ 671 IV. THE ACADEMY'S DISDAIN FOR THE CONSERVATIVE VIEW ......................... 673 V. THE SOURCES OF CURRENT ACADEMIC JUDICIAL IDEOLOGY: THE POLITICAL DEFENDERS OF THE LIVING CONSTITUTION... 675 VI. THE CRITICS OF THE WARREN COURT AND OF THE LIVING CONSTITUTION AND THEIR CRITICS ...................................... 678 * Raoul Berger Professor of Legal History Emeritus, Northwestern Pritzker School of Law, Professor of Strategy, Kellogg School of Management, Northwestern University. This Ar- ticle develops the themes of my remarks at The 13th Annual Wiley A. Branton/Howard Law Journal Symposium on Friday, October 14, 2016. The program of the Symposium is available at http://www.law.howard.edul2065 (last visited Jan. 24, 2017). Our panel was called, President Obama's Appointments to the Federal Bench. 2017 Vol. 60 No. 3 663

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