Courts often create redundant doctrines. Yet doctrinal redundancies have received little attention. Although courts and scholars have written extensively about other types of redundancy, they have hardly discussed doctrinal redundancies. This Article remedies that oversight. It begins by...

The Supreme Court has repeatedly stressed that the role of the judiciary interpreting statutes is to declare the law as intended by Congress. But the Court historically has not followed that practice in interpreting the statute conferring federal question jurisdiction. The most notorious example...

This article provides a critical assessment of the work of the courts of appeals when conducting reasonableness review after United States v. Booker. It examines the presumption of reasonableness most circuits have afforded to within-Guidelines sentences and the requirement that a variance from...