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Consent decree

A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt or liability, most refers to such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties, it is similar to and sometimes referred to as an antitrust decree, stipulated judgment, or consent judgment. Consent decrees are used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, environmental regulation; the process of introducing a consent decree begins with negotiation. One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; the court is meant to turn this agreement into a judicial decree. In many cases, the request for entry of a consent decree prompts judges to sign the documents presented and there.

In some cases, such as criminal cases, the judge must make some sort of assessments before the court’s entry of the agreement as a consent decree. The usual consent decree is not self-executing. A consent decree is implemented; the judge who signed the decree may monitor the implementation. 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. In this case, the offending party would be committed for contempt. Decrees by consent are more binding than those issued in invitum, or against an unwilling party, which are subject to modification by the same court, reversal by higher courts; 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. Errors of law or of inferences from the facts may invalidate it completely. 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 is not a admission of guilt. The consent decree prevents a finding of facts, so the decree cannot be pleaded as res adjudicata; because judicial decrees are part of government civil enforcement in settlements that two parties agree to before litigation is filed, they act as a hybrid between a judicial order and a settlement without a party conceding criminal responsibility. 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. In the United States, 19th and 20th century legal treatises 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." The Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, which both went into effect in 1938, lay many of the legal foundations that govern the use of consent decree.

Creating space for courts, which are important actors in implementing a consent decree, to enter into a settlement, Rule 23 of the Federal Rules of Civil Procedure gives federal district courts the power to approve class action settlements as long as they are "fair and adequate." Rule 54 defines judgment, which refers to consent decree, allows the court to "direct entry of a final judgment" when multiple parties are involved, Rule 58 describes the procedure of how parties may enter judgment. Additionally, Rule 60 describes conditions under which parties can be granted "relief from a judgment or order"; as Rule 48 in the Federal Rules of Criminal Procedure, stipulates that dismissals in criminal cases may not occur without "leave of court," Rule 41 allows, if all the parties agree, the court to dismiss any suit. Many of these rules create the space for consent decree by establishing the role of judges within the settlement of two parties. Many of the early court cases involving consent decree set precedents for the roles that judges would play in the negotiating, approving and modifying a settlement between two parties.

The role of the judge in regard to consent decree wavers between "rubber stamping" versus applying their own judgments to a proposed settlement. In 1879, Pacific Railroad of Missouri v. Ketchum bound the court's role in consent decrees to supporting to an agreement that parties have established on their own. In regard to antitrust decrees, the first consent decree used in antitrust regulation under the Sherman Antitrust Act was Swift & Co. v. United States. 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; the Supreme Court supported this limited flexibility of consent decrees in United States v. Terminal R. R. Ass'n: " decree will not be

Miroslav Tichý

Miroslav Tichý was a photographer who from the 1960s until 1985 took thousands of surreptitious pictures of women in his hometown of Kyjov in the Czech Republic, using homemade cameras constructed of cardboard tubes, tin cans and other at-hand materials. Most of his subjects were unaware. A few struck beauty-pageant poses when they sighted Tichý not realizing that the parody of a camera he carried was real, his soft focus, fleeting glimpses of the women of Kyjov are skewed and badly printed — flawed by the limitations of his primitive equipment and a series of deliberate processing mistakes meant to add poetic imperfections. Of his technical methods, Tichy has said, "First of all, you have to have a bad camera", and, "If you want to be famous, you must do something more badly than anybody in the entire world."During the Communist regime in Czechoslovakia, Tichý was considered a dissident and was badly treated by the government. His photographs remained unknown until an exhibition was held for him in 2004.

Tichý did not attend exhibitions, lived a life of self-sufficiency and freedom from the standards of society. Tichý died on April 2011 in Kyjov, Czech Republic. Miroslav Tichý was born in 1926 in the village of Nětčice, part of the town of Kyjov, Czechoslovakia, he was an introverted child. Although Tichý is regarded today as an outsider artist because of his unconventional approach to photography, he studied at the Academy of Fine Arts in Prague, for a time seemed on the path to becoming an esteemed painter in the modernist mode, working in a style reminiscent of Josef Čapek. After the Communist takeover of Czechoslovakia in 1948, students at the Academy were required to work in the Socialist mode, drawing workers in overalls rather than female models. Tichý stopped working and quit the Academy, he was required to perform his compulsory military service. When he returned to Kyjov, he lived with his parents on a small disability pension, painted and drew for himself in his own style; the Communist regime in its paranoia saw the independent Tichý as a dissident, kept him under surveillance and tried to "normalize" him, bringing him to the State psychiatric clinic for a few days on Communist patriotic holidays such as May Day to keep him out of the public eye.

In the 1960s he began to disregard his personal appearance, wearing a ragged suit and letting his unkempt hair and beard grow long. At about this time he began to wander around town with an intentionally imperfect homemade camera, taking clandestine photographs of local women. Following the 1968 Soviet occupation of Czechoslovakia, private property was nationalized. In 1972, Tichý was evicted from his work thrown into the street, he stopped drawing and painting and concentrated only on photography, working in the disorderly conditions of his home. Of the transition, he says, "The paintings were painted, the drawings drawn. What was I supposed to do? I looked for new media. With the help of photography I saw everything in a new light, it was a new world."In 1985, Tichý stopped making his photographs and again concentrated on drawing. His non-photographic body of work includes a vast number of drawings; as with his photographs, in the past he destroyed an unknown number of such works. During the years he wandered through Kyjov taking photographs with his crude cameras, the tall, shabby Tichý was tolerated by the townspeople but regarded as an eccentric.

He shot about 90 pictures a day, returning to his disordered home to print them. Homemade telephoto lenses allowed him to work unnoticed at a distance from his subjects, he frequented the streets, the bus station, the main square, the park across from the town swimming pool, stealing intimate glimpses of the women of Kyjov. Although he was not permitted to go to the pool, he could photograph undisturbed through the wire fence; the fence appears in his pictures, its presence adding a suggestion of forbidden fruit. According to a review by R. Wayne Parsons published in The New York Photo Review, We see women photographed from the rear, from the front, from the side. There are a few nudes, though the poor image quality sometimes makes it difficult to determine if we are looking at a nude or a woman with not much on. Whatever eroticism is present is limited to that of the voyeur. Tichý's pictures were created for his own viewing pleasure, not for exhibition; each negative was printed only once. Tichý's subtle photographs use themes of movement and contrast, but the main theme is an obsession with the female body.

Technically, his pictures are full of mistakes that compound the built-in limitations of his equipment — underexposed or overexposed, out of focus, blemished by dust in the camera, stained by careless darkroom processing. Tichý explains, "A mistake. That's what makes the poetry." Tichý made his equipment from materials at hand. A typical camera might be constructed from plywood, sealed from the light with road asphalt, with a plywood shutter with a window cut through, operated by a pulley system of thread spools and dressmaker's elastic. A homemade telephoto lens might be constructed from plastic pipes, he made his own lenses, cutting them out of Plexiglas, sanding them with sandpaper polishing with a mix of toothpaste and cigarette ashes. His enlarger combines sheet metal, two fence slats, a light bulb and a tin

Sophia Fry

Sophia Fry Lady Fry was a British political activist, notable for founding the Women's Liberal Federation. Born in Darlington as Sophia Pease, she was brought up as a Quaker and as an activist in liberal politics, her parents were John Pease, a Quaker and a director of the Stockton and Darlington Railway and Sophia Pease, a Quaker. She and her sister Mary Anna were educated at home, for one year at a school in Frenchay, where she met Sarah Sturge and Theodore Fry, she developed an interest in education for the working class, started running weekly training for pupil-teachers, ran cookery classes. Sophia married Fry in 1862, the couple settling in Darlington, had eight children. Sophia was a founder of the Girls' Friends Day School in Bristol and was active in the North of England College, run by the British and Foreign School Society. At the 1880 UK general election, Theodore was elected as the Member of Parliament for Darlington and, inspired by this and by William Gladstone's Midlothian Campaign, Sophia formed a Women's Liberal Association in the town in 1881.

While there was not yet consensus that women should play a role in politics, Fry was determined that women should campaign for the Liberal Party. She corresponded with members of various women's liberal associations around the country, in 1886 invited fifteen of them to her house to discuss forming a national federation; this was agreed, the Women's Liberal Federation was established in London in 1887, Fry becoming its honorary secretary. It grew and had 75,000 members within five years. In 1892, the WLF split over. While Fry was in favour, she felt it was a divisive issue and should not become the policy of the group; as a result, when the policy was voted in, she left to become a founder of the rival Women's National Liberal Association, serving as its vice-president. Theodore was made a baronet in 1894, so Sophia became Lady Fry. In 1896, the couple holidayed in Italy, but she suffered a severe accident, died in March 1897 in Biarritz