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...