This Note argues that modifying the Escalera degree is appropriate under Rufo and would allow NYCHA to maintain a safe environment for its residents. It expains the standard used in modifying a consent decree, pre- and post-Rufo, as well as the difficulties in applying the Rufo test. It traces the history of the Escalera Consent Decree, outlines the arguments for and against modification, and applies Rufo to the proposed modification of Escalera, arguing that modification is appropriate because the facts have changed significantly since the Decree was signed, and the modification sought is appropriately tailored to those changed circumstances.
Valerie D. White,
Modifying the Escalera Consent Decree: A Case Study on the Application of the Rufo Test,
23 Fordham Urb. L.J. 377
Available at: http://ir.lawnet.fordham.edu/ulj/vol23/iss2/6