ABSTRACT

The implementation of judicial decrees mandating widespread structural reforms typically takes years and sometimes more than a decade. Even in cases such as Palmigiano, where the decree is met with pledges of cooperation rather than resistance, this protracted process is likely to be marked by periodic conflict as changing external circumstances combine with internal pressures to create moments of high drama. As was seen in the previous chapter, pressure may arise from sheer incapacity or inertia on the part of the defendants. Or the plaintiffs, having been vindicated in court, may develop unrealistic expectations about what can be accomplished or the speed at which it can be done. Concerned with maintaining its integrity by implementing an adequate remedy, on the one hand, but also not wanting to risk its legitimacy by unduly intruding upon government policy and practice, on the other, the court may be caught in the middle and forced to make a number of mid-course changes in its order.