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  • Willowbrook: Precedent or Promise? Modification of Consent Decrees Following the Second Circuit's 1983 Decision in Nysarc v. Carey

    The fairly narrow purposes of this piece are: 1. to examine the apparent lack of impact of the final Willowbrook decision in the Second Circuit Court of Appeals‘ 1983 decision to reverse or significantly alter the nationwide impetus towards community-based, integrated services, and the closure of state institutions during the 16 years between 1983 and 1999 when the United States Supreme Court found many of the same federal rights which were the bedrock of the Decree to be embodied in the Americans with Disabilities Act ("ADA"), the DD Act, and related federal statutes and regulations in the Olmstead case; and 2. to suggest that significant constitutional and jurisdictional questions might remain open to the federal courts even after Olmstead.