Consent decrees
Article Abstract:
The US Supreme Court in Rufo v Inmates of Suffolk County Jail held that consent decrees for institutional reform may be modified on demonstration of a significant change in law or fact, relaxing the previous requirement to show 'grievous wrong.' The new standard allows too much flexibility, which will make consent decrees less attractive. A hypothetical contract standard, which requires courts to consider whether the parties to the consent decree would have agreed to the modification, allows greater flexibility while preserving the desirability of the consent decree.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Freedom of speech, press, and association
Article Abstract:
The US Supreme Court in International Society for Krishna Consciousness Inc v Lee considered the application of public forum doctrine to airport terminals. In two decisions, the court held that airport terminals are not public fora and that a regulation prohibiting solicitation of money in airport terminals is constitutional, but a regulation prohibiting distribution of literature is unconstitutional. The court rigidly restricted public forum doctrine to streets, sidewalks and parks, while instituting a stricter reasonableness test for regulation of nonpublic fora.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
User Contributions:
Comment about this article or add new information about this topic: