AuthorTitleCitationSummaryYearRelevancy
Antonio M. Coronado DIVINE INJUSTICE: MYTHS OF GOOD LAWYERS & OTHER LEGAL FICTIONS 14 Georgetown Journal of Law & Modern Critical Race Perspectives 107 (Winter, 2022) When former President Trump's personal attorney, Rudy Giuliani, invoked a rhetoric of judicial combat following the 2020 U.S. Presidential Election, his words were an incantation, at once summoning centuries of terror and images of medieval warfare. But, by contextualizing this moment in the blood and birthright that underlie U.S. settler law,... 2022  
Kathryn A. Sabbeth EVICTION COURTS 18 University of Saint Thomas Law Journal 359 (Spring, 2022) This Article examines the legal mechanics of the courts that issue eviction orders. It analyzes these courts in the context of the COVID-19 pandemic and the federal eviction moratoria. The eviction phenomenon preceded the pandemic, but the pandemic exaggerated many of its features. How the eviction courts responded to the eviction moratoria reveals... 2022  
Shelley Cavalieri, Saru M. Matambanadzo, Lua Kamál Yuille FOREWORD: MAPPING CRITICAL GEOGRAPHIES IN VIRTUAL SPACE 99 Denver Law Review 653 (Summer, 2022) In this Foreword to the LatCrit Symposium, the authors introduce the work of the 2021 LatCrit Biennial Meeting. They frame the movement as one of critical and liberatory theorizing in a time of retrenchment of opposition to the antisubordination project, highlighting the many strands of Critical Legal Studies that find home in the big tent of the... 2022  
Veryl Pow GRASSROOTS MOVEMENT LAWYERING: INSIGHTS FROM THE GEORGE FLOYD REBELLION 69 UCLA Law Review 80 (March, 2022) In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most... 2022  
Martha F. Davis HIDDEN BURDENS: HOUSEHOLD WATER BILLS, "HARD-TO REACH" RENTERS, AND SYSTEMIC RACISM 52 Seton Hall Law Review 1461 (2022) I. Introduction. 1462 II. Water Unaffordability: Impacts and Policy Responses. 1470 A. Water and Sanitation Costs Are Rising Significantly. 1470 B. Utilities' Efforts to Address Unaffordability. 1475 1. Customer Assistance Plans. 1475 i. Lifeline Programs. 1475 ii. Charitable Programs. 1476 iii. Flexible Payment Plans. 1478 iv. Temporary... 2022  
Frederick Willie Kearse HOW GRAPPLING WITH RACISM AND CAPITALISM LED ME TO ORGANIZING, ADVOCACY, AND LEGAL WORK INSIDE 46 Harbinger 83 (2022) In this article, Kearse describes how developing his understanding of American history helped him to view his own situation in a new light, and motivated him to begin doing legal advocacy from inside. My involvement with the criminal punishment system has a lot to do with racism, capitalism, and ignorance. However, after getting involved with... 2022  
Alina Das IMMIGRATION DETENTION AND DISSENT: THE ROLE OF THE FIRST AMENDMENT ON THE ROAD TO ABOLITION 56 Georgia Law Review 1433 (2022) The movement to abolish slavery relied heavily on the exercise and protection of enslaved and formerly enslaved people's freedom of speech against robust efforts to suppress their messaging. The same is true in the context of the movement to abolish immigration detention. For decades, people in immigration detention, formerly detained people, and... 2022  
Leonardo Figueroa Helland INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION 30 New York University Environmental Law Journal 347 (2022) I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... 2022  
Juyoun Han, JD , Jennifer Tsai, MD, M.Ed , Rohan Khazanchi, MD, MPH MEDICAL ALGORITHMS LACK COMPASSION: HOW RACE-BASED MEDICINE IMPACTED THE RIGHTS OF INCARCERATED INDIVIDUALS SEEKING COMPASSIONATE RELEASE DURING COVID-19 26 Stanford Technology Law Review (2022) (Fall, 2022) In 2020, the U.S. Centers for Disease Control and Department of Justice introduced guidance that a number of underlying medical conditions--including kidney disease--increased one's risk of severe illness or death from COVID-19 enough to merit compassionate release from jail or prison. Courts reviewing compassionate release applications used a... 2022  
Ceci Lopez, JD, LLM , Dolores Calderón, JD, PhD PEDAGOGIES OF REFUSAL AS RACIAL REALIST PRAXIS 20 Seattle Journal for Social Justice 1019 (Summer, 2022) As educators in an undergraduate legal program with a social justice mission, we understand our pedagogical practice and responsibility as one that reflects Derrick Bell's Racial Realism. In our classrooms, we acknowledge the inherently racist, sexist, gendered, and colonialist formations of law. We do not teach the study of law as a neutral... 2022  
GianCarlo Canaparo PERMISSIONS TO HATE: ANTIRACISM AND PLESSY 27 Texas Review of Law and Politics 97 (Fall, 2022) History, however, gives little support to the view that time automatically erodes racial aversions, fears, and animosities, or even tames the overt behavior based on such feelings. There has been no one-way movement toward improved group relations, but instead many detours, oscillations, and even severe backward movements. -Thomas Sowell Plessy... 2022  
Marissa Jackson Sow PROTECT AND SERVE 110 California Law Review 743 (June, 2022) There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... 2022  
Cyra Akila Choudhury RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE 91 University of Cincinnati Law Review 1 (2022) Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... 2022  
E. Tendayi Achiume RACIAL BORDERS 110 Georgetown Law Journal 445 (March, 2022) This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... 2022  
Shauhin A. Talesh* RACIAL INEQUALITY, COVID-19, AND HEALTH AND UNEMPLOYMENT INSURANCE: LESSONS LEARNED AND PATHWAYS FORWARD 71 DePaul Law Review 635 (Spring, 2022) COVID-19 impacted the entire world, and the United States is no exception. In addition to pervasive death and illness, COVID-19 wreaked havoc on the U.S. economy. Many people in the United States lost their jobs, others worked remotely, and many essential workers continued working in their workplace settings at great risk to themselves. The public... 2022  
Mary Finley-Brook , Environmental Justice Researchers RACISM AND TOXIC BURDEN IN RURAL DIXIE 46 William and Mary Environmental Law and Policy Review 603 (Spring, 2022) Rural pollution hotspots receive inadequate attention during impact assessments: low population density is strategically used to suggest rural areas lack critical importance. Local resistance led to a legal victory for Union Hill, Virginia, where a door-to-door household study of demographics and family heritage exposed data inequities and biases... 2022  
Marbre Stahly-Butts , Amna A. Akbar REFORMS FOR RADICALS? AN ABOLITIONIST FRAMEWORK 68 UCLA Law Review 1544 (February, 2022) This Article draws on prison abolitionist organizing, campaigns, and intellectual work around the country to offer a framework for thinking about radical reforms rooted in an abolitionist framework. A radical reform (1) shrinks the system doing harm; (2) relies on modes of political, economic, and social organization that contradict prevailing... 2022  
Tina Lee RESPONSE TO THE SYMPOSIUM: STRENGTHENED BONDS: ABOLISHING THE CHILD WELFARE SYSTEM AND RE-ENVISIONING CHILD WELL-BEING 12 Columbia Journal of Race and Law 1 (June, 2022) I. Introduction. 2 II. Five Themes that, Together, Provide a Comprehensive Analysis. 3 A. Theme One: Narratives of Irreparable Family Dysfunction. 4 B. Theme Two: Child Welfare Harms. 6 C. Theme Three: Support and Punishment are Intertwined. 6 D. Theme Four: Child Welfare is not Separate from other Punishment Systems. 7 E. Theme Five: Abolition,... 2022  
Peer Zumbansen THE DISASTER CHAIN: COUNTER-MAPPING GLOBAL VALUE CHAINS 42 Northwestern Journal of International Law and Business 303 (Spring, 2022) Abstract: Prevailing accounts by consultancies and logistics scholars present global value chains [GVCs] as an expression of contemporary international economic integration and connectivity. As such, they are considered crucial to the pursuit of economic growth and prosperity. At the same time, GVCs are deemed susceptible to disruptions through... 2022  
André Douglas Pond Cummings THE FARCICAL SAMARITAN'S DILEMMA 35 Journal of Civil Rights & Economic Development 219 (Spring, 2022) [T]he hypothesis is that modern man has become incapable of making the choices that are required to prevent his exploitation by predators of his own species [.] This article explores one of the foundational pillar theories of Law and Economics and specifically Public Choice Theory as espoused by Nobel Laureate James M. Buchanan: the Samaritan's... 2022  
Anna E. Carpenter , Alyx Mark , Colleen F. Shanahan , Jessica K. Steinberg THE FIELD OF STATE CIVIL COURTS 122 Columbia Law Review 1165 (June, 2022) This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America's state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial... 2022  
Clare Huntington THE INSTITUTIONS OF FAMILY LAW 102 Boston University Law Review 393 (March, 2022) Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other... 2022  
Elijah McDonnaugh THE LIMITS OF EQUALITY: A PEOPLE'S HISTORY OF AFFIRMATIVE ACTION 17 Harvard Law & Policy Review 43 (Summer, 2022) A racist is one who despises someone because of his color, and an Alabama segregationist is one who conscientiously believes that it is in the best interest of Negro and white to have a separate education and social order. Governor of Alabama, George Wallace, 1964 [I]t does not benefit African-Americans to get them into the University of Texas... 2022  
John Whitlow THE REAL ESTATE STATE AND GROUP-DIFFERENTIATED VULNERABILITY TO PREMATURE DEATH: EXPLORING THE POLITICAL-ECONOMIC ROOTS OF COVID-19'S RACIALLY DISPARATE DEADLINESS IN NEW YORK CITY IN THE SPRING OF 2020 35 Journal of Civil Rights & Economic Development 245 (Spring, 2022) Tell me how you die and I will tell you who you are. [I]n our time all politics is about real estate; and this from the loftiest statecraft to the most petty maneuvering around local advantage. In May 2020, after several bleak months in which Covid-19 took the lives of thousands of New York City's most vulnerable residents, a vigil was held in... 2022  
Ciji Dodds THE RULE OF BLACK CAPTURE & THE AHMAUD ARBERY CASE 14 Georgetown Journal of Law & Modern Critical Race Perspectives 31 (Winter, 2022) C1-2Table of Contents Introduction. 33 I. Defining Blackness. 39 II. The Rule of Black Capture. 41 III. Policing Blackness. 43 A. Slave Laws, Slave Patrol Codes, and Black Codes. 43 1. Slave Laws. 46 a. South Carolina Negro Act of 1740: An Act For the Better Ordering and Governing Negroes and Other Slaves in This Province. 46 b. Maryland Laws, Act... 2022  
Nyamagaga R. Gondwe THE TAX-INVISIBLE LABOR PROBLEM: CARE WORK, KINSHIP, AND INCOME SECURITY PROGRAMS IN THE INTERNAL REVENUE CODE 102 Boston University Law Review 2389 (December, 2022) Since the mid-1990s, American financial assistance programs have increasingly shifted to require evidence of labor-market participation as a criterion for eligibility. This shift signaled a change from previous public financial assistance programs that were principally distributed based on unmet material need. The shift from need-based to... 2022  
Madelyn Lehualani McKeague TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT 24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... 2022  
Etienne C. Toussaint TRAGEDIES OF THE CULTURAL COMMONS 110 California Law Review 1777 (December, 2022) In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the... 2022  
Grace L. Carson TRIBAL SOVEREIGNTY, DECOLONIZATION, AND ABOLITION: WHY TRIBES SHOULD RECONSIDER PUNISHMENT 69 UCLA Law Review 1076 (June, 2022) This Comment outlines the intersections of abolition theory and decolonization theory, and then proposes that Tribal Nations become leaders in reconsidering systems of punishment and instead create systems of care and liberation. It argues that because abolition is a decolonial project, tribes should adopt abolitionist practices in their own... 2022  
Christopher Gevers "UNWHITENING THE WORLD": RETHINKING RACE AND INTERNATIONAL LAW 67 UCLA Law Review 1652 (April, 2021) International law was invented in 1789 when Jeremy Bentham introduced the term to replace the outmoded Law of Nations. Since then, international lawyers have spent a lot of time thinking about whether international law is in fact law, and little or no time considering how international law is international, or what international actually means.... 2021  
Deepa Das Acevedo (IM)MUTABLE RACE? 116 Northwestern University Law Review Online 88 (7/15/2021) Abstract--Courts rarely question the racial identity claims made by parties litigating employment discrimination disputes. But what if this kind of identity claim is itself at the core of a dispute? A recent cluster of reverse passing scandals featured individuals--Rachel Dolezal and Jessica Krug among them--who were born white, yet who were... 2021  
Michele Goodwin A DIFFERENT TYPE OF PROPERTY: WHITE WOMEN AND THE HUMAN PROPERTY THEY KEPT 119 Michigan Law Review 1081 (April, 2021) Incidents in the Life of a Slave Girl. By Harriet A. Jacobs. Boston: Thayer & Eldridge. 1861. (L. Maria Child & Jean Fagan Yellin eds., Harvard Univ. Press 1987). Pp. xxxiii, 306. $22.50. They Were Her Property: White Women as Slave Owners in the American South. By Stephanie E. Jones-Rogers. New Haven: Yale University Press. 2019. Pp. xx, 296. $30.... 2021  
Brendan D. Roediger ABOLISH MUNICIPAL COURTS: A RESPONSE TO PROFESSOR NATAPOFF 134 Harvard Law Review Forum 213 (February, 2021) What are you still doing here? Are you telling me nobody loves you enough to come up with two hundred dollars? These were the first words, spoken by a judge, that I heard in a municipal court. Arriving uncharacteristically early for a scheduled hearing, I walked midway into a meeting where a line of Black men in handcuffs stood before a judge and... 2021  
Marina Bell ABOLITION: A NEW PARADIGM FOR REFORM 46 Law and Social Inquiry 32 (February, 2021) The catastrophic failure of the prison system in the United States has prompted a shift in criminal punishment system rhetoric and policy toward reform. Numerous programs and initiatives facilitate reentry for the hundreds of thousands of individuals coming out of prison every year, but these and other reforms remain problematic. They do little to... 2021  
Jim Hawkins , Tiffany C. Penner ADVERTISING INJUSTICES: MARKETING RACE AND CREDIT IN AMERICA 70 Emory Law Journal 1619 (2021) Access to affordable credit played a central role in the Civil Rights Movement. But today, racial and ethnic minorities oversubscribe to high-cost lending products like payday loans and underuse more affordable credit options that traditional banks offer. These trends remain even when controlling for demographic variables like income, credit score,... 2021  
Vasuki Nesiah AN UN-AMERICAN STORY OF THE AMERICAN EMPIRE: SMALL PLACES, FROM THE MISSISSIPPI TO THE INDIAN OCEAN 67 UCLA Law Review 1450 (April, 2021) This intervention gestures to histories of American empire from a perspective born outside America's shores--in other words and other worlds, an un-American story of American empire. Seen from elsewhere, American empire appears both intimate and distant, at once singular and multiple, a vast terrain and a small place. For instance, how can we... 2021  
Rashmi Dyal-Chand AUTOCORRECTING FOR WHITENESS 101 Boston University Law Review 191 (January, 2021) Autocorrect presumes Whiteness. Across a range of products and applications, autocorrect consistently corrects names that do not look White or Anglo. Sometimes autocorrect changes names to their closest Anglo approximations (as in Ayaan to Susan). Sometimes it suggests replacements that are not proper names (as in DaShawn to dash away). Often,... 2021  
Kate Bass BEYOND ELECTIONS: ABOLITIONIST LESSONS FOR THE LAW OF DEMOCRACY 169 University of Pennsylvania Law Review 1901 (June, 2021) The prison abolition movement, building on a long history of abolition in the United States, is articulating a vision of democracy that centers the lived experiences of people, particularly marginalized communities. Requiring more than legal standing and a secure right to vote, the abolitionist view of democracy calls for economic and civic... 2021  
Kim Vu-Dinh BLACK LIVELIHOODS MATTER: ACCESS TO CREDIT AS A CIVIL RIGHT AND STRIVING FOR A MORE PERFECT CAPITALISM THROUGH INCLUSIVE ECONOMICS 22 Houston Business and Tax Law Journal 1 (2021) Following the murder of an unarmed African-American male by a white police officer, in 2020 the nation erupted in protest, rallying to the call of Black Lives Matter, shining a light on the systemic racism engendered in American society. While the dialogue on racial inequality often focuses on police brutality and the political rights of... 2021  
James W. Fox Jr. BLACK PROGRESSIVISM AND THE PROGRESSIVE COURT 130 Yale Law Journal Forum 398 (1/6/2021) abstract. In the 1910s the Supreme Court responsible for Lochner v. United States and Plessy v. Ferguson supported African American rights in cases such as Bailey v. Alabama and Buchanan v. Warley. Scholars have struggled to explain how the disparate doctrinal paths of Lochner and Plessy led to the seemingly equality-friendly cases of the 1910s.... 2021  
Etienne C. Toussaint BLACK URBAN ECOLOGIES AND STRUCTURAL EXTERMINATION 45 Harvard Environmental Law Review 447 (2021) Residents of low-income, metropolitan communities across the United States frequently live in food apartheid neighborhoods--areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America's political economy... 2021  
Natalie P. Byfield BLACKNESS AND EXISTENTIAL CRIMES IN THE MODERN RACIAL STATE 53 Connecticut Law Review 619 (September, 2021) This Essay presents the concept of existential crime. It argues that our notion of crime has conflated acts that challenge the racial premise on which a state is founded with acts that breach what Karim Murji (2009) calls norms of propriety. It argues that the conflation of these different types of social acts into our conceptualization of... 2021  
Sophie Thackray CAN'T NOBODY TELL HIM NOTHIN': "OLD TOWN ROAD" AND THE REAPPROPRIATION OF COUNTRY MUSIC BY THE YEEHAW AGENDA 10 Arizona State Sports & Entertainment Law Journal 29 (Spring, 2021) This Note examines country music's cultural reappropriation by Black artists, using Lil Nas X's Old Town Road as a central example. This Note analyzes musical genre through an intellectual property lens and details the theoretical claims against Old Town Road by the country music establishment, including trademark, copyright, and the First... 2021  
Marissa Jackson Sow COMING TO TERMS: USING CONTRACT THEORY TO UNDERSTAND THE DETROIT WATER SHUTOFFS 96 New York University Law Review Online 29 (May, 2021) After the City of Detroit underwent financial takeover and filed the largest municipal bankruptcy in American history in 2013, the city's emergency manager encouraged mass water shutoffs as a way of making the city's water utility a more attractive asset for sale--and for privatization--by ridding the water department of its association with bad... 2021  
Wyatt G. Sassman COMMUNITY EMPOWERMENT IN DECARBONIZATION: NEPA'S ROLE 96 Washington Law Review 1511 (December, 2021) Abstract: This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities' role in decarbonization.... 2021  
E. Tendayi Achiume , Devon W. Carbado CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW 67 UCLA Law Review 1462 (April, 2021) By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... 2021  
Tamar Hoffman DEBT AND POLICING: THE CASE TO ABOLISH CREDIT SURVEILLANCE 29 Georgetown Journal on Poverty Law and Policy 93 (Fall, 2021) This paper serves as an indictment of contemporary credit monitoring, reporting, and scoring, which is the lifeblood of the debt-based extractive economy and ultimately, the prison-industrial complex. Grounded in history, this paper demonstrates that credit surveillance and debt police the economic participation and physical bodies of Black people,... 2021  
Jordan Brewington DISMANTLING THE MASTER'S HOUSE: REPARATIONS ON THE AMERICAN PLANTATION 130 Yale Law Journal 2160 (June, 2021) In southeastern Louisiana, many plantations still stand along River Road, a stretch of the route lining the Mississippi River that connects the former slave ports and present-day cities of New Orleans and Baton Rouge. Black communities along River Road have long experienced these plantations as sites of racialized harm. This Note constructs a... 2021  
Dermot Groome EDUCATING ANTIRACISTS LAWYERS: THE RACE AND THE EQUAL PROTECTION OF THE LAWS PROGRAM 23 Rutgers Race & the Law Review 65 (2021) The killing of George Floyd forced the nation to recognize painful realities about systemic racism in our country and our legal system. The deficiencies in our founding documents and the vestiges of our slaveholding past are so woven into our national culture that they became hard to see except for those who suffer their daily indignities,... 2021  
Ashley Albert , Tiheba Bain , Elizabeth Brico , Bishop Marcia Dinkins , Kelis Houston , Joyce McMillan , Vonya Quarles , Lisa Sangoi , Erin Miles Cloud , Adina Marx-Arpadi ENDING THE FAMILY DEATH PENALTY AND BUILDING A WORLD WE DESERVE 11 Columbia Journal of Race and Law 861 (July, 2021) U.S. history is rooted in the rationalization of family separation to benefit white supremacy, capitalism and mainstream U.S. values. Because of this dark history, the U.S. history has become the world's leader of legal destruction of families through termination of parental rights. It is the only country in the world that routinely pays people to... 2021  
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