At the most basic level, the principle of proportionality captures the common-sensical proposition that, when the government acts, the means it chooses should be well-adapted to achieve the ends it is pursuing. The proportionality principle is an admonition, as German administrative law scholar Fritz Fleiner famously wrote many decades ago, that “the police should not shoot at sparrows with cannons”. The use of proportionality review in constitutional and international law has received ample attention from scholars in recent years, but less has been said about proportionality’s role within administrative law. This piece suggest that we can understand the differences in ... Read more
There is no such thing as “proportionality review” in American administrative law, but instead, a number of doctrines that courts deploy to evaluate agency exercises of discretion. In some respects, these frameworks for review resemble proportionality in operation, but there are also notable differences. This essay surveys the doctrines governing judicial review of administrative discretion in the United States, highlighting three distinguishing features of the American approach. First, American judicial review is characterized by a high degree of unpredictability, not only with respect to outcomes, but often with respect to what framework of review is applicable. Second, while classical proportionality ... Read more
Michael Faure, Xinzhu Zhang, and Susan Beth Farmer
Beth Farmer contributed the following chapter: "Competition Policy in China: Trends in Private Civil Litigation"
Effective enforcement of competition laws and regulations benefits society, consumers and market participants, and promotes a competition culture. Private civil actions can contribute to healthy economic development (AML Article 1), consumer welfare, and economic efficiency and more complete and effective enforcement of competition law. This chapter discusses developments in private civil actions under the Chinese AML in the context of recent Provisions of the Supreme People’s Court, national development goals, and the experience of four years of active civil litigation. A spokesperson of the Intellectual ... Read more
Judith Gans, Elaine M. Replogle, Daniel T. Tichenor, and Shoba S. Wadhia
Shoba S. Wadhia is a contributing author: "Use of the Term 'Illegal Alien,'" chapter 33, page 529.
This issues-based reference work (available in both print and electronic formats) shines a spotlight on immigration policy in the United States. The U.S. is a nation of immigrants. Yet while the lofty words enshrined with the Statue of Liberty stand as a source of national pride, the rhetoric and politics surrounding immigration policy all-too-often have proven far less lofty. In reality, the apparently open invitation of Lady Liberty seldom has been without restriction. Throughout our history, impassioned debates about the appropriate scope and ... Read more
Kevin Noble Maillard, Rose Cuison Villazor, and Victor C. Romero
Victor Romero is a contributing author: "Loving Across the Miles: Binational Same-Sex Marriages" pages 217-234.
In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a ... Read more
William N. Eskridge, Philip P. Frickey, Elizabeth Garrett, and Stephen F. Ross
Stephen Ross contributed the chapter "The Story of Flood v. Kuhn: Dynamic Statutory Interpretation, At the Time.
This title tackles the leading cases in the emerging statutory interpretation canon, as reflected in the casebooks. For each case, the leading scholar provides historical background (including details about the participants), a procedural history of the case, and an analysis of doctrinal and other lessons from the case.
- From the Publisher
Rachel Ida Bluff and Victor C. Romero
Victor C. Romero is a contributing author: "Who Should Manage Immigration - Congress or the States? An Introduction to Constitutional Immigration Law." Chapter 12, page 286.
Punctuated by marches across the United States in the spring of 2006, immigrant rights has reemerged as a significant and highly visible political issue. Immigrant Rights in the Shadows of U.S. Citizenship brings prominent activists and scholars together to examine the emergence and significance of the contemporary immigrant rights movement. Contributors place the contemporary immigrant rights movement in historical and comparative contexts by looking at the ways immigrants and their allies have staked claims ... Read more
Paul Finkelman and Victor C. Romero
Victor Romero contributed the following encyclopedia entries: "Civil Liberties of Aliens"; "Race and Immigration"; "Criminal Law/Civil Liberties and Noncitizens in the U.S."; "Illegitimacy and Immigration"; "Homosexuality and Immigration"; "Ambach v. Norwick"; "United States v. Verdugo-Urquidez"; "Fiallo v. Bell"; "INS v,. Chadha"; and "In re Griffiths."
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties.
- From the Publisher
Suzanne Oboler, Deena J. Gonzalez, and Victor C. Romero
Victor C. Romero contributed the following encyclopedia entries: "Immigration/Deportation Cases and Legislation"; "McKinney v. Saviego"; and "People ex rel. Kimberly v. de la Guerra."
This landmark scholarly work offers comprehensive, reliable, and accessible information about the fastest growing minority population in the United States. With an unprecedented scope and cutting-edge scholarship, the Encyclopedia draws together the diverse historical and contemporary experiences in the United States of Latinos and Latinas from Mexico, Puerto Rico, Cuba, the Dominican Republic, Central America, South America, Europe, Asia, and the Middle East. Over 900 A-to-Z articles written by academics, scholars, writers, artists, and journalists, address ... Read more