Consent decree

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A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case). Most often it is such a type of settlement in the United States. [1] [2] The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. [2] [3] [4] [5] It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, or consent judgment. [5] [6] [7] Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation. [3] [8] [9]

Contents

The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a lawsuit and they simultaneously file a lawsuit and request that the court agree to the entry of judgment. [5] [10] [11] The court is meant to turn this agreement into a judicial decree. [11] [12] [13] [14] In many cases, the request for entry of a consent decree prompts judges to sign the documents presented then and there. [5] [13] In some cases, however, such as criminal cases, the judge must make some sorts of assessments before the court's entry of the agreement as a consent decree. [5]

The usual consent decree is not self-executing. [12] A consent decree is implemented when the parties transform their agreements from paper to reality. [5] [11] [15] The judge who signed the decree may have no involvement or may monitor the implementation. [5] [13] The judge can only step in to assist in enforcement if a party complains to the court that an opponent has failed to perform as agreed. [5] In this case, the offending party would be committed for contempt. [12]

Decrees by consent are more binding than those issued in invitum, or against an unwilling party, [16] which are subject to modification by the same court, and reversal by higher courts. [12] The decree issued by consent cannot be modified, except by consent. If the decree was obtained by means of fraud or given by mistake, it may be set aside by a court. [12] Errors of law or of inferences from the facts may invalidate it completely. [12] [13]

Typically, a consent decree dispenses with the necessity of having proof in court, since by definition the defendant agrees to the order. Thus, the use of a consent decree does not involve a sentence or an admission of guilt. [12] [17] [18] Likewise, the consent decree prevents a finding of facts, so the decree cannot be pleaded as res adjudicata . [11] [12] [19]

History

Because judicial decrees are part of government civil enforcement in settlements that two parties typically agree to before litigation is filed, they act as a hybrid between a judicial order and a settlement without a party conceding criminal responsibility. [9] [20]

Frederick Pollock and Frederic Maitland describe how courts during the twelfth century of Medieval Europe used "fines" as a form of court orders to settle land disputes among litigants with the punitive power and legitimacy of courts through the use of consent decree. [5] [21] In the United States, 19th and 20th century legal treatises [22] [23] [24] show that consent decrees and the role of the court in the parties' settlement was ambiguous. The 1947 Corpus Juris Secundum declares that although consent decrees are "not the judgment of the court", they do have the "force and effect of a judgment". [5] [25]

Federal Rules of Civil and Criminal Procedure

The Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, which both went into effect in 1938, [5] lay many of the legal foundations that govern the use of consent decrees. [26] [27] Creating space for courts, which are important actors in implementing a consent decree, to enter into a settlement, Rule 23 [28] of the Federal Rules of Civil Procedure gives federal district courts the power to approve class action settlements as long as they are "fair, reasonable, and adequate". [5] [9] [26] Rule 54(b) defines judgment, which refers to consent decree, and allows the court to "direct entry of a final judgment" when multiple parties are involved, [29] and Rule 58 describes the procedure of how parties may enter judgment. [30] [31] Additionally, Rule 60 describes conditions under which parties can be granted "relief from a judgment or order" (such as a consent decree). [32] [33] As Rule 48 in the Federal Rules of Criminal Procedure stipulates that dismissals in criminal cases may not occur without "leave of court", [5] [34] Rule 41 allows, if all the parties agree, the court to dismiss any suit besides class action suits, shareholder derivative suits, or bankruptcy action. [6] [35] Many of these rules create the space for consent decree by establishing the role of judges within the settlement of two parties. [26] [36]

Precedents

Many of the early court cases involving consent decree set precedents for the roles that judges would play in the negotiating, approving, interpreting, and modifying a settlement between two parties. [5] [9] [27] The role of the judge in regard to consent decree wavers between "rubber stamping" versus applying their own judgments to a proposed settlement. [9] [37] In 1879, Pacific Railroad of Missouri v. Ketchum bound the court's role in consent decrees to simply supporting to an agreement that parties have already established on their own. [5] [38] In regard to antitrust decrees, the first consent decree used in antitrust regulation under the Sherman Antitrust Act was Swift & Co. v. United States . [39] [40] With Swift & Co. v. United States , the Supreme Court ruled that a consent decree could be modified or terminated only when new developments over time bring out a "grievous wrong" in how the ruling of the consent decree affects the parties of the suit. [39] [41] [31] The Supreme Court supported this limited flexibility of consent decrees in United States v. Terminal Railroad Association : "[A] decree will not be expanded by implication or intendment beyond the meaning of its terms when read in the light of the issues and the purposes for which the suit was brought." [6] [42]

In 1968, the Supreme Court ruled in United States v. United Shoe Machinery Corp., that to promote finality, a court's changes to consent a decree should be rare—but the courts can modify a consent decree or frame injunctive relief to ensure the litigation achieves its purpose. [6] [43] Before a judge can enter a consent decree, according to the rulings in Firefighters v. City of Cleveland [6] [44] and Firefighters v. Stotts [45] they must have subject-matter jurisdiction, and they cannot modify a consent decree when one of the parties objects. [5] [46] The Supreme Court's position on how much authority a judge possesses in regard to influencing how the settlement is agreed upon is conflicting. In Firefighters v. City of Cleveland, the Supreme Court ruled that consent decrees "have attributes both of contracts and of judicial decrees", so consent decrees should be treated differently for different purposes. [9] [31] [44] In Rufo v. Inmates of Suffolk County Jail, [47] the Supreme Court decided that courts could take into account the changing times and circumstances for more flexibility in the administration of consent decrees. [31] [41]

In regard to litigation in performance rights organizations such as American Society of Composers, Authors and Publishers and Broadcast Music, Inc. in United States v. ASCAP , which began in 1941, the Department of Justice used consent decrees (which are amended according to the times and technology) to regulate how they issued blanket licenses to ensure that trade is not restrained and that the prices of licenses would not be competitive. [48] [49] [50] [51] The Department of Justice reviewed the music consent decrees starting 2019, and issued a statement in January 2021 that they would not be terminating them as they still offered several efficiencies in music licensing that maintained benefits to the artists. [52]

Most frequent uses

Antitrust law

Violations of antitrust law are typically resolved through consent decrees, which began to be more widely used after 1914 with the enactment of the Clayton Antitrust Act. [53] This act began to address the complexities of antitrust economic regulation [54] by recognizing the use of consent decrees as a method for the enforcement of federal antitrust legislation. [55] [54] In amending the antitrust statutes laid out in the Sherman Antitrust Act (1890) and its supplement, the Clayton Antitrust Act (1914), [48] the Tunney Act further specified how consent decrees could be used by establishing that the courts must demonstrate that consent decrees serve the "public interest" in antitrust cases filed by the Justice Department. [5] [9] [41] [56] In regard to antitrust decrees, the first consent decree used in antitrust regulation under the Sherman Antitrust Act was Swift & Co. v. United States [40] in which the Court used its power under the Commerce Clause to regulate the Chicago meat trust as an unlawful economic monopoly. [39] [57] In Standard Oil Company of New Jersey v. United States , the government used consent decrees to dissolve the horizontal monopoly that John D. Rockefeller had established. [58] [39] [41] Other examples of antitrust consent decrees can be found in a wide range of areas, including their involvement in corporations specializing in technology, [59] [41] the film industry, [60] [61] and the motor vehicle industry. [9] [62] [63]

Structural reform

School desegregation

The effort to desegregate American public schools began in 1954 with Brown v. Board of Education . This landmark Supreme Court case established that racial segregation of children in public schools was in violation of the Equal Protection Clause of the Fourteenth Amendment, which requires that states must not "deny to any person within its jurisdiction the equal protection of the laws". [64] To properly enforce this legislation, the Supreme Court allowed district courts to use desegregation decrees obligating states to actively transition into racially nondiscriminatory school systems, with "all deliberate speed". [65] Since the original decree did not include specific ways this could be done, beginning with Swann v. Charlotte-Mecklenburg Board of Education in 1971, the Supreme Court specifically defined the objective as eliminating "all vestiges of state imposed segregation" [66] [ full citation needed ] within school systems, including the limited use of busing, [67] [68] racial quotas, [69] the creation of magnet schools and judicial placement of new schools, [70] and the redrawing of school attendance zones. [71] To stop judicial intervention in schools and end the consent decree through a court order, districts must demonstrate desegregation within six criteria defined in the Green v. County School Board of New Kent County [72] ruling – which include, student assignment, faculty, staff, transportation, extracurricular activities, and facilities. [73] [74]

Police use of violence

Consent decrees have been signed by a number of cities concerning their police departments' use-of-force policies and practices, [75] including Chicago, New Orleans, [76] Oakland, [77] Los Angeles (whose consent decree was lifted in 2013), [78] Baltimore, [79] Ferguson, Missouri, [80] Seattle, [81] Portland, and Albuquerque. [82] On June 16, 2023, Minneapolis officials promised to enter into negotiations for a consent decree to be enforced by the DOJ in response to a scathing June 2023 US Department of Justice report resulting from a multiyear federal investigation into the "patterns and practices" of Minneapolis Police Department following the May 25, 2020 murder of George Floyd by MPD officers. [83] [84]

Public law

Consent decrees have been used to remedy various social issues that deal with public and private organizations, where a large number of people are often concerned even if they may not be members of either party involved. [85] Examples have included Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and environmental safety provisions.

Actions under Title VII of the Civil Rights Acts of 1964

Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers on the basis of race, sex, color, religion, or national origin. [86] Most often, the remedies to workplace discrimination carried out under this Act take place in the form of consent decrees, where employers may have to provide monetary awards or introduce policies and programs that eliminate and prevent future discrimination. [87] [88] These may include decrees that require the creation of new recruitment and hiring procedures to gain a more diverse pool of job applicants, [89] [90] upgrading job and promotion assignment systems, [91] [92] or offering training programs focusing on discrimination and diversity. [93] [94] Under the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) was created to be a major advocate and enforcer of the previously mentioned Title VII remedies. [95] In a landmark decision in 1973, the EEOC, Department of Labor and AT&T compromised on a consent decree that phased out discrimination within recruiting, hiring and employment methods in regard to minorities and women. [96] This established a precedent for other large, private U.S. companies to avoid litigation and government oversight by creating decrees in cooperation with Title VII. [97] [98]

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) was a civil rights law passed in 1990 that prohibits discrimination and ensures that people with disabilities have equal access to the opportunities and benefits available to the wider American population. [99] [100] Institutions that violate the requirements of the ADA enter consent decrees typically resulting in a payment from the corporation to those wronged, which may serve to discourage future discrimination, in addition to a change in policy to avoid future payouts. [101] Examples of altered practices through the use of a decree have included restructuring building property [102] [103] or the removal of barriers [104] to allow for physical accessibility for all persons, providing supplemental communication tools such as sign language interpreters [105] for those that are hard of hearing, and eliminating discriminatory practices against those that have a disability. [106]

Environmental law

Consent decrees have been used to alter environmental policy, one example being the "Flannery Decision", or the Toxics Consent Decree, entered into by the Environmental Protection Agency and the Natural Resources Defense Council, an environmental advocacy group. [107] This decree, signed in 1976, highly restructured the way the EPA dealt with harmful substances by requiring the agency to list and regulate 65 toxic pollutants and to regulate pollutant discharges on an industry-by-industry basis (i.e., effluent guidelines regulations) rather than by singular pollutants. [108] [109] This decree went on to shape the regulations and administration procedures of water policy within the United States, particularly through the Clean Water Act. [110] [111]

Effects

Scholars find advantages and disadvantages to using the consent decree. [112] [113] [114] In addition, consent decrees can affect those outside of the litigants, such as third parties and public interests. [115] [116] [117]

Advantages and disadvantages

The following are advantages of using consent decrees:

In contrast, the following are disadvantages of using consent decrees:

Third parties and public interests

The consent decree can impact those outside of the parties, who resolve their disputes with a consent decree, especially in settling institutional reform and antitrust cases. [118] [141] [142] From Rufo v. Inmates of the Suffolk County Jail [47] and Swift & Co. v. United States , [39] the Supreme Court acknowledges that "the effects of the decree on third parties and the public interest should be taken into account when determining whether or not a change in fact warrants ... the decree". [143] [129] There is criticism that "the antitrust consent decree is an opaque form of government regulation that operates without many of the checks and balances that constrain and shape ordinary regulatory programs". [144] So, some argue that the use of consent decrees in antitrust cases and with public institutions can negatively affect third parties and public interests. [145] [146] [147] [130]

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References

  1. ↑ Lehman & Phelps 2005, pp. 103–104.
  2. 1 2 Dabney, Seth M. (1963). "Consent Decrees without Consent". Columbia Law Review. 63 (6): 1053–1064. doi:10.2307/1120423. ISSN   0010-1958. JSTOR   1120423.
  3. 1 2 Karst, Kenneth (2000). "Consent Decree". In Levy, Leonard; Karst, Kenneth; Winkler, Adam (eds.). Encyclopedia of the American Constitution. Vol. 2 (2nd ed.). Detroit: Macmillan Reference USA. p. 507. ISBN   978-0-02-865986-2. OCLC   57317227.
  4. ↑ Baradaran-Robinson, Shima (2003). "Kaleidoscopic Consent Decrees: School Desegregation and Prison Reform Consent Decrees After the Prison Litigation Reform Act and Freeman-Dowell". Brigham Young University Law Review. 2003: 1333.
  5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Resnik, Judith (December 7, 2015). "Judging Consent". University of Chicago Legal Forum. 1987 (1). ISSN   0892-5593.
  6. 1 2 3 4 5 Mengler, Thomas M. (1987). "Consent Decree Paradigms: Models without Meaning". Boston College Law Review. 29.
  7. ↑ Mengler 1987, p. 291.
  8. ↑ Shane, Peter (December 7, 2015). "Federal Policy Making by Consent Decree: An Analysis of Agency and Judicial Discretion". University of Chicago Legal Forum. 1987 (1): 241. ISSN   0892-5593.
  9. 1 2 3 4 5 6 7 8 Lehman, Jeffrey; Phelps, Shirelle (2005). "Consent Decree". West's Encyclopedia of American Law. Vol. 3 (2nd ed.). Detroit: Thomson/Gale. ISBN   978-0-7876-6370-4. OCLC   54544166.
  10. ↑ Isenbergh, Maxwell S.; Rubin, Seymour J. (1940). "Antitrust Enforcement Through Consent Decrees". Harvard Law Review . 53 (3): 386–414. doi:10.2307/1333475. ISSN   0017-811X. JSTOR   1333475.
  11. 1 2 3 4 Kane, Mary Kay (2001). Civil Procedure in a Nutshell. St. Paul, Minnesota: West Publishing. ISBN   978-0-314-09398-1. OCLC   249079229.
  12. 1 2 3 4 5 6 7 8 "Consent Decrees". Columbia Law Review. 22 (4): 344–348. 1922. doi:10.2307/1111304. ISSN   0010-1958. JSTOR   1111304 .
  13. 1 2 3 4 Schwarzschild, Maimon (November 1, 1984). "Public Law by Private Bargain: Title VII Consent Decrees and the Fairness of Negotiated Institutional Reform". Duke Law Journal. 33 (5): 887–936. doi:10.2307/1372392. ISSN   0012-7086. JSTOR   1372392.
  14. ↑ Isenbergh & Rubin 1940, pp. 388–389.
  15. ↑ Isenbergh & Rubin 1940, p. 392.
  16. ↑ "in invitum". Merriam-Webster.com. Retrieved April 6, 2014.
  17. ↑ Kane, Mary Kay (1996). Civil Procedure in a Nutshell (4th ed.). St. Paul, Minnesota: West Publishing. ISBN   978-0-314-06641-1. OCLC   611673986.
  18. 1 2 3 Isenbergh & Rubin 1940, p. 387.
  19. ↑ Isenbergh & Rubin 1940, p. 394.
  20. ↑ First, Harry; Fox, Eleanor M.; Hemli, Daniel E. (July 20, 2012). Procedural and Institutional Norms in Antitrust Enforcement: The U.S. System (Report). Rochester, New York: Social Science Research Network. SSRN   2115886.
  21. ↑ Pollock, Frederick; Maitland, Frederic William (1899). The History of English Law Before the Time of Edward I. Vol. 2. Cambridge: University Press. OCLC   919797536.
  22. ↑ Freeman, A. C; Tuttle, Edward W (1925). A Treatise on the Law of Judgments (5th ed.). San Francisco: Bankroft-Whitney. OCLC   184847752. OL   22895645M .
  23. ↑ Millar, Robert Wymes (1952). Civil Procedure of the Trial Court in Historical Perspective: Publ. by the Law Center of New York University. The Judicial Administration Series. New York: The national Conference of Judicial Councils. p. 356. OCLC   608618071.
  24. ↑ Fletcher, William Meade (1902). A Treatise on Equity Pleading and Practice, With Illustrative Forms and Precedents. Saint Paul: Keefe Davidson Company. OCLC   1547525.
  25. ↑ Ludes, Francis J.; Gilbert, Harold J. (1947). Corpus Juris Secundum. Vol. XLIX. The American Law Book Co. § 178 p. 308.
  26. 1 2 3 Tobias, Carl (January 1, 1989). "Public Law Litigation and the Federal Rules of Civil Procedure". Cornell Law Review. 74 (2): 270. ISSN   0010-8847.
  27. 1 2 Chayes, Abram (1976). "The Role of the Judge in Public Law Litigation". Harvard Law Review. 89 (7): 1281–1316. doi:10.2307/1340256. JSTOR   1340256.
  28. ↑ "Rule 23. Class Actions". Federal Rules of Civil Procedure. Legal Information Institute.
  29. ↑ "Rule 54: Judgement; Costs". Federal Rules of Civil Procedure. Legal Information Institute.
  30. ↑ "Rule 58: Entering Judgement". Federal Rules of Civil Procedure. Legal Information Institute. November 30, 2011.
  31. 1 2 3 4 Zitko, Robert R. (1994). "The Appealability of Conditional Consent Judgments". University of Illinois Law Review. 1994: 241.
  32. ↑ "Rule 60: Relief from a Judgement or Order". Federal Rules of Civil Procedure. Legal Information Institute. November 30, 2011.
  33. ↑ Tobias 1989, p. 320.
  34. ↑ "Rule 48: Dismissal". Federal Rules of Civil Procedure. Legal Information Institute. November 30, 2011.
  35. ↑ "Rule 41: Dismissal of Actions". Federal Rules of Civil Procedure. Legal Information Institute.
  36. ↑ Resnik, Judith (1989). "The Domain of Courts" . University of Pennsylvania Law Review. 137 (6): 2219–2230. doi:10.2307/3312214. ISSN   0041-9907. JSTOR   3312214. S2CID   56043703.
  37. ↑ Anderson, Lloyd C. (1996). "United States v. Microsoft, Antitrust Consent Decrees, and the Need for a Proper Scope of Judicial Review". Antitrust Law Journal. 65: 40.
  38. ↑ Pacific Railroad of Missouri v. Ketchum, 111 U.S. 505 (1884).
  39. 1 2 3 4 5 196 U.S. 375 (1905).
  40. 1 2 McBride, Alez (2006). "Swift & Co. v. U.S. (1905)". Thirteen: Media with Impact. PBS . Retrieved March 25, 2014.
  41. 1 2 3 4 5 Epstein, Richard A. (2007). Antitrust Consent Decrees in Theory and Practice: Why Less Is More. Washington DC: AEI Press. ISBN   978-0-8447-4250-2.
  42. ↑ United States v. Terminal Railroad Association , 224 U.S. 383 (1912).
  43. ↑ United States v. United Shoe Machinery Corp., 391 U.S. 244 (1968).
  44. 1 2 Firefighters v. City of Cleveland, 478 U.S. 501 (1986).
  45. ↑ Firefighters v. Stotts, 467 U.S. 561 (1984).
  46. ↑ Rabkin, Jeremy A.; Devins, Neal E. (1987). "Averting Government by Consent Decree: Constitutional Limits on the Enforcement of Settlements with the Federal Government". Stanford Law Review . 40 (1): 205. doi:10.2307/1228830. ISSN   0038-9765. JSTOR   1228830.
  47. 1 2 Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992).
  48. 1 2 Curtner, Gregory L.; Kaur, Atleen. "Music Licenses: Rhyme or Reason for Antitrust" (PDF). American Bar Association.
  49. ↑ Einhorn, Michael A. (June 13, 2008). Transactions Costs and Administered Markets: License Contracts for Music Performance Rights (Report). Rochester, New York: Social Science Research Network. pp. 61–74. SSRN   1144246.
  50. ↑ Einhorn, Michael A. (2000). "Intellectual Property and Antitrust: Music Performing Rights in Broadcasting" (PDF). Columbia-VLA Journal of Law & the Arts. 24: 349. Archived from the original (PDF) on February 12, 2018. Retrieved February 12, 2018.
  51. ↑ Kleit, An (October 1, 2000). "ASCAP versus BMI (versus CBS): Modeling competition between and bundling by performance rights organizations". Economic Inquiry. 38 (4): 579–590. doi:10.1111/j.1465-7295.2000.tb00037.x. ISSN   1465-7295.
  52. ↑ Johnson, Ted (January 15, 2021). "DOJ Won't Seek To Terminate Or Modify Consent Decrees Governing Music Licensing". Deadline Hollywood . Retrieved January 15, 2021.
  53. ↑ Kramer, Victor H. (1958). "Modification of Consent Decrees: A Proposal to the Antitrust Division". Michigan Law Review. 56 (7): 1051–1066. doi:10.2307/1285759. ISSN   0026-2234. JSTOR   1285759.
  54. 1 2 Isenbergh & Rubin 1940, pp. 386–414.
  55. ↑ Stedman, Robert (May 31, 1965). "Consent Decrees and the Private Action: An Antitrust Dilemma". California Law Review. 53 (2): 627–654. doi:10.15779/Z38647H. Archived from the original on February 12, 2018. Retrieved February 12, 2018.
  56. ↑ Mengler 1987, pp. 291–346.
  57. ↑ "Swift & Co. v. United States". The Oyez Project at IIT Chicago-Kent College of Law. September 25, 2015. Archived from the original on September 25, 2015.
  58. ↑ Stedman 1965, pp. 631–632.
  59. ↑ 253F.3d34 (D.C. Circ.2001).
  60. ↑ United States v. Paramount Pictures, Inc. , 344 U.S. 131, 141 (1948).
  61. ↑ "Legislation by Consent in the Motion Picture Industry" (PDF). The Yale Law Journal. 50 (5): 854–875. 1941. doi:10.2307/792512. ISSN   0044-0094. JSTOR   792512. S2CID   220422287.
  62. ↑ Chrysler Corp. v. United States, 316 U.S. 556 (1942).
  63. ↑ Dabney, Seth M. (1958). "Antitrust Consent Decrees: How Protective an Umbrella". Yale Law Journal. 68 (7): 1391–1407. doi:10.2307/794370. JSTOR   794370.
  64. ↑ Brown v. Board of Education , 347 U.S. 483, 495 (1954).
  65. ↑ Brown v. Board of Education , 349 U.S. 294, 295 (1954).
  66. ↑ Swann v. Charlotte-Mecklenburg Board of Education , 402 U.S. 1, 15 (1971). U.S. , 15.
  67. ↑ Swann, 402 U.S. at 29–31.
  68. ↑ Green, Preston Cary (1999). "Can State Constitutional Provisions Eliminate de Facto Segregation in the Public Schools?". The Journal of Negro Education. 68 (2): 138–153. doi:10.2307/2668121. ISSN   0022-2984. JSTOR   2668121.
  69. ↑ Swann, 402 U.S. at 22–25.
  70. ↑ Williams, G. Scott (1987). "Unitary School Systems and Underlying Vestiges of State-Imposed Segregation". Columbia Law Review . 87 (4): 794–816. doi:10.2307/1122610. ISSN   0010-1958. JSTOR   1122610.
  71. ↑ Swann, 402 U.S. at 27–29.
  72. ↑ Green v. County School Board of New Kent County , 391 U.S. 430 (1968).
  73. ↑ Green, 391 U.S. at 435.
  74. ↑ Baradaran-Robinson 2003, p. 1346.
  75. ↑ Kelly, Kimbriell; Childress, Sarah; Rich, Steven (November 13, 2015). "Forced Reforms, Mixed Results". The Washington Post . Retrieved November 10, 2016.
  76. ↑ Dall, Tania (April 20, 2016). "Residents say consent decree changes are negatively impacting the community". WWL. Archived from the original on November 11, 2016. Retrieved November 11, 2016.
  77. ↑ Swan, Rachel (July 10, 2016). "Oakland police misconduct cases raise questions on oversight". San Francisco Chronicle. Retrieved November 10, 2016.
  78. ↑ Rubin, Joel (May 16, 2013). "Federal judge lifts LAPD consent decree". Los Angeles Times .
  79. ↑ "City of Baltimore Consent Decree".
  80. ↑ "The damage done by Jeff Sessions' last act as AG". MSNBC .
  81. ↑ "Seattle's Decade of Attempts to Fix the Police: A Timeline".
  82. ↑ Proctor, Jeff (October 31, 2014). "APD specialized squads, Internal Affairs getting overhaul in DOJ consent decree". KRQE. Archived from the original on November 11, 2016. Retrieved November 11, 2016.
  83. ↑ Londoño, Ernesto; Thrush, Glenn; Smith, Mitch; Simmons, Dan (June 16, 2023). "Minneapolis Police Used Illegal, Abusive Practices for Years, Justice Dept. Finds". The New York Times. ISSN   0362-4331 . Retrieved June 17, 2023.
  84. ↑ Dewan, Shaila (June 17, 2023). "Consent Decrees Force Changes to Policing. But Do Reforms Last?". The New York Times. ISSN   0362-4331 . Retrieved June 17, 2023.
  85. ↑ Schwarzschild 1984, p. 887.
  86. ↑ 42 U.S.C.   § 2000e-2
  87. ↑ "Remedies for Employment Discrimination". U.S. Equal Employment Opportunity Commission.
  88. ↑ Hegewisch, Ariane; Deitch, Cynthia H.; Murphy, Evelyn F. (2011). Ending Sex and Race Discrimination in the Workplace: Legal Interventions That Push the Envelope. Institute for Women's Policy Research. ISBN   978-1-933161-06-8.
  89. ↑ Bockman, et al. and EEOC v. Lucky Stores, Inc., 108F.R.D. , 11(United States District Court for the Eastern District of California1986).
  90. ↑ EEOC v. Wal-Mart Stores, Inc., 147F. Supp. 2d , 980(United States District Court for the District of Arizona).
  91. ↑ Abdallah v. Coca-Cola Co., 133F. Supp. 2d , 1364(United States District Court for the Northern District of Georgia2001).
  92. ↑ Dorman v. Winn-Dixie Stores, Inc., So. 2d. , 50–56(M.D. Fla.2000).
  93. ↑ Kosen, et al. v. American Express Financial Advisors, Inc. et al., p. 21(United States District Court for the District of Columbia), Text .
  94. ↑ Butler v. Home Depot, Case Number: C 95-2182 SI; C 94-4335 SI, pp. 33–36
  95. ↑ "The Law". U.S. Equal Employment Opportunity Commission. Archived from the original on May 15, 2017. Retrieved February 12, 2018.
  96. ↑ "Milestones". U.S. Equal Employment Opportunity Commission. Archived from the original on July 8, 2017. Retrieved February 12, 2018.
  97. ↑ Green, Venus (April 26, 2012). "Flawed Remedies: EEOC, AT&T, and Sears Outcomes Reconsidered". Black Women, Gender & Families. 6 (1): 43. doi:10.5406/blacwomegendfami.6.1.0043. ISSN   1944-6462. S2CID   144511760.
  98. ↑ Williams, Benton (October 2008). "AT&T and the Private-sector Origins of Private-sector Affirmative Action". Journal of Policy History. 20 (4): 542–568. doi:10.1353/jph.0.0027. ISSN   1528-4190. S2CID   154842854.
  99. ↑ "Introduction to the ADA". Civil Rights Division, U.S. Department of Justice. April 12, 2023.
  100. ↑ 42 U.S.C.   § 12112, 42 U.S.C.   § 12113, and 42 U.S.C.   § 12114
  101. ↑ "ADA Settlements and Consent Agreements". Americans with Disabilities Act. United States Department of Justice Civil Rights Division. Archived from the original on July 21, 2014. Retrieved April 21, 2014.
  102. ↑ "Justice Department Reaches Agreement with Hilton Worldwide Inc. Over ADA Violations at Hilton Hotels and Major Hotel Chains Owned by Hilton". Justice News. The United States Department of Justice. November 9, 2010.
  103. ↑ "United States' Opposition to Defendant United Artists Theatre Circuit, Inc" (PDF). United States Department of Justice Civil Rights Division.
  104. ↑ "Settlement Agreement Concerning the Olympic Stadium". United States Department of Justice Civil Rights Division.
  105. ↑ "Justice Department Settles Americans with Disabilities Act Lawsuit with Virginia's Inova Health System". Justice News. The United States Department of Justice. March 29, 2011.
  106. ↑ "The U.S. Equal Employment Opportunity Commission: Twenty Years of ADA Enforcement, Twenty Significant Cases". U.S. Equal Employment Opportunity Commission. Archived from the original on April 22, 2014. Retrieved April 21, 2014.
  107. ↑ Natural Resources Defense Council v. Train, No. 74 Civ. 4617 (S.D.N.Y., March 1976)
  108. ↑ Trussell, R. Rhodes (January 1, 2006). "Constituents of Emerging Concern: An Overview" (PDF). Proceedings of the Water Environment Federation. 2006 (12): 1460–1467. doi:10.2175/193864706783749585.
  109. ↑ "Toxic and Priority Pollutants Under the Clean Water Act". Washington, D.C.: U.S. Environmental Protection Agency (EPA). April 8, 2019.
  110. ↑ O'Leary, Rosemary (1990). "The Courts and the EPA: The Amazing "Flannery Decision"". Natural Resources & Environment. 5 (1): 18–55. ISSN   0882-3812. JSTOR   40923877.
  111. ↑ Wyche, Bradford W. (1983). "The Regulation of Toxic Pollutants Under the Clean Water Act: EPA's Ten Year Rulemaking Nears Completion". Natural Resources Lawyer. 15 (3): 511–536. ISSN   0028-0747. JSTOR   40922727.
  112. ↑ Isenbergh & Rubin 1940, p. 386.
  113. ↑ Mengler 1987, p. 294.
  114. ↑ Resnik 2015, p. 85.
  115. 1 2 3 Epstein 2007, p. 4.
  116. ↑ Dabney 1963, p. 1053.
  117. ↑ Fieweger, Michael (January 1, 1993). "Consent Decrees in Prison and Jail Reform: Relaxed Standard of Review for Government Motions to Modify Consent Decrees". Journal of Criminal Law and Criminology. 83 (4): 1024–1054. doi:10.2307/1143880. JSTOR   1143880.
  118. 1 2 3 4 5 Fieweger 1993, p. 1025.
  119. 1 2 Consent Decrees 1922, pp. 345–346.
  120. 1 2 3 Baradaran-Robinson 2003, p. 1340.
  121. ↑ Keating, Gregory C. (1992). "Settling through Consent Decree in Prison Reform Litigation: Exploring the Effects of Rufo v. Inmates of Suffolk County Jail". Boston College Law Review. 34: 163–201.
  122. 1 2 Resnik 2015, p. 67.
  123. 1 2 3 4 Keating 1992, p. 164.
  124. 1 2 Resnik 2015, p. 63.
  125. ↑ Isenbergh & Rubin 1940, pp. 387, 405.
  126. ↑ Baradaran-Robinson 2003, pp. 1339–1340.
  127. ↑ Resnik 2015, p. 64.
  128. 1 2 3 Resnik 2015, pp. 63–64.
  129. 1 2 Keating 1992, p. 191.
  130. 1 2 Mengler 1987, p. 292.
  131. ↑ Baradaran-Robinson 2003, p. 1338.
  132. 1 2 3 4 5 6 7 Epstein 2007, p. 6.
  133. 1 2 3 Keating 1992, p. 167.
  134. ↑ Isenbergh & Rubin 1940, p. 408.
  135. ↑ Keating 1992, pp. 164, 187.
  136. 1 2 Isenbergh & Rubin 1940, p. 407.
  137. ↑ Isenbergh & Rubin 1940, p. 409.
  138. ↑ Consent Decrees 1922, p. 346.
  139. 1 2 Resnik 2015, p. 54.
  140. ↑ Resnik 2015, p. 62.
  141. ↑ Stedman 1965, p. 647.
  142. ↑ Keating 1992, pp. 186–187.
  143. ↑ Fieweger 1993, p. 1024.
  144. ↑ Epstein 2007, p. vii.
  145. ↑ Stedman 1965, p. 629.
  146. ↑ Isenbergh & Rubin 1940, pp. 407, 409.
  147. ↑ Keating 1992, p. 165, 187.
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