AuthorTitleCitationSummaryYearRelevancy
Cheryl I. Harris REFLECTIONS ON WHITENESS AS PROPERTY 134 Harvard Law Review Forum 1 (August, 2020) Chattel (Black) is the fusion of race and property--embodied as always essential and forever disposable. Hard time. 8 minutes and 46 seconds is an eternity. Centuries without a breath. Home is not a haven. You can be shot eight times in your home, in your bed. Before anything. Before you can breathe. A walk in the pandemic. Dappling sunlight... 2020  
Michael McCann SALLY ENGLE MERRY: A DEEPLY APPRECIATIVE REMEMBRANCE 54 Law and Society Review 858 (December, 2020) Sally Merry was a brilliant intellectual, a prolific researcher, and a generous, gentle person. Her passing is a great professional and personal loss, and I am deeply saddened. As I look back, what strikes me is how much my own trajectory of research interests and analytical development paralleled and drew on Sally's work. I do not know how much I... 2020  
Astghik Hairapetian THE LAST RESORT: TOURISM DEVELOPMENT ON GARÍFUNA TERRITORIES IN HONDURAS THROUGH THE LENS OF STRUCTURAL-DYNAMIC INTERSECTIONALITY 67 UCLA Law Review 1224 (November, 2020) This Comment analyzes the gaps in protection the Garífuna have experienced both in the Inter-American Court of Human Rights (IACHR) and the U.S. asylum system, taking two cases as case studies. It argues that, in the face of increasing tourism development, the Afroindigenous Garífuna community is positioned at an intersection between the structures... 2020  
Jamila Garmo THE REJECTION OF EQUAL PROTECTION: A CASE FOR INADVERTENT DISCRIMINATION 65 Wayne Law Review 437 (Winter, 2020) I. Introduction. 437 II. Background. 444 A. Flint Water Crisis. 444 B. Legislative History of 42 U.S.C. § 1985(3). 447 C. In Re Flint Water Cases: Equal Protection Access Denied. 449 III. Analysis. 451 A. The Seminal Case on § 1985(3). 451 B. Significant Case Law on § 1985(3). 454 C. Accepting Claims for Inadvertent and Institutional Racism Under §... 2020  
Helen Hershkoff, Nathan Yaffe UNEQUAL LIBERTY AND A RIGHT TO EDUCATION 43 North Carolina Central Law Review 1 (2020) This article lays the groundwork for a liberty-based federal constitutional right to quality public schooling. We start from the premise that Black, Brown, and poor children now and historically have never enjoyed equal liberty in the United States, and that, for these children, the public school, like the prison, functions as a site of social... 2020  
Dylan Rodríguez ABOLITION AS PRAXIS OF HUMAN BEING: A FOREWORD 132 Harvard Law Review 1575 (April, 2019) What are the historical conditions and political imperatives of abolition as a contemporary praxis? How does abolition generate a radical critique of carceral power--of incarceration as a logic of state and social formation? What are the limitations of liberal-to-progressive demands to reform (allegedly) dysfunctional and/or scandalous systems... 2019  
Katharine T. Bartlett AFFIRMATIVE ACTION AND SOCIAL DISCORD: WHY IS RACE MORE CONTROVERSIAL THAN SEX? 52 U.C. Davis Law Review 2305 (June, 2019) C1-3Table of Contents I. The Intensity of the Affirmative Action Debate: Comparing Race and Sex. 2307 A. Race. 2307 B. Sex. 2310 C. Summary of Argument. 2312 II. A Comparison of Legal Standards for Race- and Sex-Conscious Affirmative Action. 2314 A. Race-Conscious Affirmative Action. 2314 B. Sex-Conscious Affirmative Action. 2318 C. Summary. 2323... 2019  
I. Bennett Capers AFROFUTURISM, CRITICAL RACE THEORY, AND POLICING IN THE YEAR 2044 94 New York University Law Review 1 (April, 2019) In 2044, the United States is projected to become a majority-minority country, with people of color making up more than half of the population. And yet in the public imagination--from Robocop to Minority Report, from Star Trek to Star Wars, from A Clockwork Orange to 1984 to Brave New World--the future is usually envisioned as majority white.... 2019  
Kate Sablosky Elengold CONSUMER REMEDIES FOR CIVIL RIGHTS 99 Boston University Law Review 587 (March, 2019) This Article considers whether the consumer protection doctrine offers a more promising avenue to remedying certain forms of discrimination than the antidiscrimination doctrine. Using a housing discrimination story as a case study, this Article breaks down the doctrinal trade-offs between seeking redress through a consumer protection claim and an... 2019  
Jamillah Bowman Williams DIVERSITY AS A TRADE SECRET 107 Georgetown Law Journal 1685 (August, 2019) When we think of trade secrets, we often think of famous examples such as the Coca-Cola formula, Google's algorithm, or McDonald's special sauce used on the Big Mac. However, companies have increasingly made the novel argument that diversity data and strategies are protected trade secrets. This may sound like an unusual, even suspicious, legal... 2019  
Allegra M. McLeod ENVISIONING ABOLITION DEMOCRACY 132 Harvard Law Review 1613 (April, 2019) What is, so to speak, the object of abolition? Not so much the abolition of prisons but the abolition of a society that could have prisons, that could have slavery, that could have the wage, and therefore not abolition as the elimination of anything but abolition as the founding of a new society. --Fred Moten & Stefano Harney, The University and... 2019  
Dorothy E. Roberts FOREWORD: ABOLITION CONSTITUTIONALISM 133 Harvard Law Review 1 (November, 2019) C1-3CONTENTS L1-2Introduction . R33. I. The New Abolitionists. 11 A. The Prison Industrial Complex and the Carceral State. 12 B. Abolition Praxis: Past, Present, Future. 19 1. Slavery Origins. 19 (a) Police. 20 (b) Prisons. 29 (c) Death Penalty. 38 2. Not a Malfunction.. 42 3. A Society Without Prisons.. 43 C. The Unfinished Abolition Struggle. 48... 2019  
Steven L. Nelson , Ray Orlando Williams FROM SLAVE CODES TO EDUCATIONAL RACISM: URBAN EDUCATION POLICY IN THE UNITED STATES AS THE DISPOSSESSION, CONTAINMENT, DEHUMANIZATION, AND DISENFRANCHISEMENT OF BLACK PEOPLES 19 Journal of Law in Society 82 (Spring, 2019) In 2016, Margalynne J. Armstrong considered the following question in the Santa Clara kaw Review: Are we nearing the end of impunity for taking Black lives? She framed her response to this question around issues of police brutality, and she related issues of police brutality to the consistent and persistent racial subjugation of Black peoples in... 2019  
John Whitlow GENTRIFICATION AND COUNTERMOVEMENT: THE RIGHT TO COUNSEL AND NEW YORK CITY'S AFFORDABLE HOUSING CRISIS 46 Fordham Urban Law Journal 1081 (October, 2019) Introduction. 1082 I. Contextualizing New York City's Affordable Housing Crisis. 1087 A. The Housing Crisis and Housing Court. 1089 B. The Neoliberalization of New York City. 1094 C. From Neoliberalization to Gentrification. 1100 D. Market-Based Approaches to Affordable Housing. 1104 II. The Right to Counsel and Critiques of Legal Rights. 1111 A.... 2019  
Mehrsa Baradaran JIM CROW CREDIT 9 UC Irvine Law Review 887 (May, 2019) The New Deal for White America. 888 The Transformation of Consumer Credit. 894 Title I of the National Housing Act of 1934. 894 Changes to Banking Regulation. 900 Civil Rights Protests Against Credit Markets. 901 The Poor Pay More. 907 Black Capitalism. 917 Two Policies for Two Americas: The Community Reinvestment Act and the Community Development... 2019  
Mugambi Jouet MASS INCARCERATION PARADIGM SHIFT?: CONVERGENCE IN AN AGE OF DIVERGENCE 109 Journal of Criminal Law and Criminology 703 (Fall, 2019) The peculiar harshness of modern American justice has led to a vigorous scholarly debate about the roots of mass incarceration and its divergence from humanitarian sentencing norms prevalent in other Western democracies. Even though the United States reached virtually world-record imprisonment levels between 1983 and 2010, the Supreme Court never... 2019  
Richard Delgado METAMORPHOSIS: A MINORITY PROFESSOR'S LIFE 53 U.C. Davis Law Review Online 1 (July, 2019) This article is a dark, semi-autobiographical takeoff on a famous novel by Franz Kafka. I use the predicament of Gregor, the central character in The Metamorphosis, as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law. It proceeds in a series of 37 short vignettes told in the course... 2019  
Fareed Nassor Hayat PRESERVING DUE PROCESS: APPLYING MONELL BIFURCATION TO STATE GANG CASES 88 University of Cincinnati Law Review 129 (2019) State gang statutes deprive criminal Defendants of their 5th and 14th Amendment due process rights by creating a mechanism by which prosecutors admit irrelevant, otherwise inadmissible, hearsay and unduly prejudicial character evidence in criminal trials. This Article asserts that both well-established evidentiary standards and our commitment to... 2019  
Richard Delgado RODRIGO'S REBUKE: ORIGINARY VIOLENCE AND U.S. BORDER POLICY 53 U.C. Davis Law Review Online 33 (September, 2019) I had been pressing hard against the cushioned bar of the leg-lifting machine in the rehabilitation wing of the local hospital and scrunching my face up with the effort, when a familiar voice caused me to halt suddenly. Professor, I see you're doing much better. I lowered my leg, still trembling from the exertion, and looked around to see none... 2019  
Cal Biruk, McMaster University THE POLITICS OF GLOBAL HEALTH 42 PoLAR: Political and Legal Anthropology Review 1 (2019) In 1968, Monsignor Ivan Illich delivered a memorable speech, titled To Hell With Good Intentions, challenging American volunteers to Latin America to recognize [their] inability, [their] powerlessness and [their] incapacity to do the good which [they] intended (1968). Three recent books-Ralph R. Frerichs' (2016) Deadly River: Cholera and... 2019  
Teri A. McMurtry-Chubb THERE ARE NO OUTSIDERS HERE 16 Legal Communication & Rhetoric: JALWD 1 (Fall, 2019) On September 27, 2018, Dr. Christine Blasey Ford testified before the Senate Judiciary Committee about then Supreme Court Nominee Judge Brett Kavanaugh's alleged assault of her 36 years earlier. Rifts soon occurred along partisan and gender lines, with those supporting Judge Kavanaugh on one side of the divide and those supporting Dr. Blasey Ford... 2019  
Jeena Shah UDHR: OUR NORTH STAR FOR GLOBAL SOCIAL JUSTICE OR AN IMPERIAL AND SETTLER-COLONIAL TOOL TO LIMIT OUR CONCEPTION OF FREEDOM? 31 Pace International Law Review 569 (Spring, 2019) bell hooks describes freedom as positive social equality that grants all humans the opportunity to shape their destinies in the most healthy and communally productive way. This is the kind of freedom that oppressed communities are fighting for around the world: in struggles to create ecosystems of community safety and accountability without... 2019  
Whitney Benns UNHOLY UNION: ST. LOUIS PROSECUTORS AND POLICE UNIONIZE TO MAINTAIN RACIST STATE POWER 35 Harvard Blackletter Law Journal 39 (Spring, 2019) In late December 2018, St. Louis County prosecutors voted to unionize and join the St. Louis Police Officer Association (SLPOA), the infamous St. Louis City police union that represents many of the city's white police officers. This vote came on the heels of former St. Louis County Prosecuting Attorney Bob McCulloch--whose almost three-decade... 2019  
Alyosha Goldstein BY FORCE OF EXPECTATION: COLONIZATION, PUBLIC LANDS, AND THE PROPERTY RELATION 65 UCLA Law Review Discourse 124 (2018) This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830-1841) to the homestead acts (1862-1916) to present-day... 2018  
César Cuauhtémoc García Hernández CRIMMIGRATION REALITIES & POSSIBILITIES 16 Ohio State Journal of Criminal Law 1 (Fall, 2018) Over the last dozen years, crimmigration has blossomed into a vibrant intellectual field plowed by numerous disciplinary perspectives worldwide. Guided by Juliet Stumpf's groundbreaking articulation of the merger between governmental norms regulating criminal and immigration processes, scholars have examined national, international, and regional... 2018  
Anjali Vats , Deidré A. Keller CRITICAL RACE IP 36 Cardozo Arts and Entertainment Law Journal 735 (2018) ABSTRACT. 736 Introduction. 737 I. Why Critical Race IP. 743 A. The Rise of the Intellectual Property Economy. 746 B. From CLS to Critical IP. 752 II. Locating Critical Race IP. 755 A. What is the Race in Critical Race IP?. 759 B. What is the IP in Critical Race IP?. 762 C. (Un)bounding Critical Race IP. 764 1. Storytelling as Critical Race IP... 2018  
Bryant G. Garth , Joyce S. Sterling DIVERSITY, HIERARCHY, AND FIT IN LEGAL CAREERS: INSIGHTS FROM FIFTEEN YEARS OF QUALITATIVE INTERVIEWS 31 Georgetown Journal of Legal Ethics 123 (Winter, 2018) This article focuses on change and continuity in how the legal profession provides opportunity for women and minorities. It begins by discussing a provocative photograph of diverse elite lawyers on the golf course as a symbol of the requirement to fit in the work settings of the legal profession. It is the first article based on three waves... 2018  
Theanne Liu ETHNIC STUDIES AS ANTISUBORDINATION EDUCATION: A CRITICAL RACE THEORY APPROACH TO EMPLOYMENT DISCRIMINATION REMEDIES 11 Washington University Jurisprudence Review 165 (2018) This Note will use a critical race theory lens to argue that most trainings on equal employment opportunity (EEO), diversity, or implicit bias operate as a restrictive remedy to Title VII race discrimination violations, and that incorporating an ethnic studies framework into these trainings can further an expansive view of antidiscrimination law.... 2018  
Susanna L. Blumenthal HOW NOT TO TRAIN YOUR DRAGON, OR LIVING DANGEROUSLY IN THE LAW 70 Stanford Law Review 1625 (May, 2018) Taming the Past and the image that graces its cover are meant to call to mind the cave-dwelling dragon of which Oliver Wendell Holmes spoke in his famously iconoclastic 1897 vocational address The Path of the Law. While the speech is most commonly associated with our friend the bad man and the prediction theory of law, Bob Gordon redirects our... 2018  
Richard Delgado J'ACCUSE: AN ESSAY ON ANIMUS 52 U.C. Davis Law Review Online 119 (October, 2018) C1-3Table of Contents L1-2Introduction: In Which I Encounter Rodrigo in an Unexpected Manner and Learn About His Latest Thesis . L3121 I. In Which Rodrigo Discusses Recent Examples of Presidential Animus. 127 II. In Which Rodrigo Explains the Nature of Animus. 133 III. Recent Writing on Law and Animus: In Which Rodrigo Outlines a Category Mistake... 2018  
Adelle Blackett SLAVERY IS NOT A METAPHOR: CONTEMPORARY SLAVERY: POPULAR RHETORIC AND POLITICAL PRACTICE (ANNIE BUNTING & JOEL QUIRK EDS., UNIVERSITY OF BRITISH COLUMBIA PRESS, 2017) 66 American Journal of Comparative Law 927 (Winter 2018) This is a pivotal moment for the study of slavery, in historical and contemporary form across a range of comparative law contexts. The foreword to Annie Bunting and Joel Quirk's timely and insightful collection of essays is written by the first United Nations Special Rapporteur on contemporary slavery, Gulnara Shahinian, who recalls the decades of... 2018  
Freya Irani THE PRODUCTION OF FEELING AND THE REPRODUCTION OF PRIVILEGE: EXPECTATION, AFFECT, AND INTERNATIONAL INVESTMENT LAW 65 UCLA Law Review Discourse 158 (2018) In the last twenty years, the concept of legitimate expectations has come to play a very prominent role in international investment treaty-based arbitration, as arbitral tribunals have required states to compensate investors for taking measures that allegedly interfere with, or for failing to take measures that protect, such investors' legitimate... 2018  
Amna A. Akbar TOWARD A RADICAL IMAGINATION OF LAW 93 New York University Law Review 405 (June, 2018) In this Article, I consider the contemporary law reform project of a radical social movement seeking to transform the state: specifically, that of the Movement for Black Lives as articulated in its policy platform A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice. The Movement for Black Lives is the leading example of... 2018  
Rosemary J. Coombe, S. Ali Malik TRANSFORMING THE WORK OF GEOGRAPHICAL INDICATIONS TO DECOLONIZE RACIALIZED LABOR AND SUPPORT AGROECOLOGY 8 UC Irvine Law Review 363 (May, 2018) Critical scholarship on geographical indications (GIs) has increasingly focused upon their role in fostering development in the Global South. Recent work has drawn welcome attention to issues of governance and sparked new debates about the role of the state in GI regulation. We argue that this new emphasis needs to be coupled with a greater focus... 2018  
Harvey Gee ASIAN AMERICANS AND THE LAW: SHARING A PROGRESSIVE CIVIL RIGHTS AGENDA DURING UNCERTAIN TIMES 10 DePaul Journal for Social Justice 1 (Summer, 2017) The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... 2017  
Jennifer M. Chacón IMMIGRATION AND THE BULLY PULPIT 130 Harvard Law Review Forum 243 (May, 2017) One evening in early February, I sat in a nondescript hall in a local community center in a Southern California city. This city is over seventy-five percent Latino, and a sizable population of unauthorized immigrants live and work alongside U.S. citizens here. In addition to inflicting widespread emotional pain, full enforcement of the nation's... 2017  
Melvin J. Kelley IV INTERPRETING EQUAL PROTECTION CLAUSE JURISPRUDENCE UNDER THE WHITENESS-BELL CURVE: HOW DIVERSITY HAS OVERTAKEN EQUITY IN EDUCATION 21 Journal of Gender, Race and Justice 135 (Winter 2017) Racial inequities in educational opportunities persist despite decades of race-based affirmative action policies pursuing integration and diversity. The late Professor Derrick Bell long argued that the Equal Protection Clause of the Fourteenth Amendment, standing alone, would not provide racial equality for Blacks. His conclusion was premised on... 2017  
Eang L. Ngov QUALITATIVE DIVERSITY: AFFIRMATIVE ACTION'S NEW REFRAME 2017 Utah Law Review 423 (2017) How is diversity measured? When is diversity sufficient? The Supreme Court has pressed these hard questions in affirmative action cases. With respect to college admissions, although a university campus might have a diverse student body, universities are beginning to justify the continuation of race-based affirmative action programs on the need for... 2017  
Veryl Pow REBELLIOUS SOCIAL MOVEMENT LAWYERING AGAINST TRAFFIC COURT DEBT 64 UCLA Law Review 1770 (December, 2017) The prominence of Black Lives Matter in American society today signals the revitalization of alternative forms of participatory democracy--from localized community organizing to widespread social movements--as political expression among racial minorities. For social movement lawyers, this historical moment demands an urgent clarification as to... 2017  
Khaled A. Beydoun , Erika K. Wilson REVERSE PASSING 64 UCLA Law Review 282 (February, 2017) Throughout American history untold numbers of people have concealed their true racial identities and assumed a white racial identity in order to reap the economic, political, and social benefits associated with whiteness. This phenomenon is known as passing. While legal scholars have thoroughly investigated passing in its conventional form, the... 2017  
Pamela Brandwein THE "LABOR VISION" OF THE THIRTEENTH AMENDMENT, REVISITED 15 Georgetown Journal of Law and Public Policy 13 (Winter, 2017) In recent decades, a scholarly school has emerged that interprets the original Thirteenth Amendment as a charter for labor freedom and class leveling. This article returns to the source of that interpretation, Lea S. Vander-Velde's 1989 article on the Thirteenth Amendment, and offers an extended critique. Invested not in originalism but in newly... 2017  
Stacy L. Hawkins THE LONG ARC OF DIVERSITY BENDS TOWARDS EQUALITY: DECONSTRUCTING THE PROGRESSIVE CRITIQUE OF WORKPLACE DIVERSITY EFFORTS 17 University of Maryland Law Journal of Race, Religion, Gender and Class 61 (Spring, 2017) Workplace diversity efforts have many critics. More notable perhaps than the attack from the right in the form of legal challenges alleging workplace diversity efforts amount to reverse discrimination is the normative critique of workplace diversity efforts from the left. Progressive responses to workplace diversity efforts range from cautious... 2017  
Matt Devine ALIGNING PROFITS WITH PURPOSE: AN ANALYSIS OF THE PHILADELPHIA SUSTAINABLE BUSINESS TAX CREDIT 25 Temple Political & Civil Rights Law Review 75 (Spring 2016) On November 19, 2009, the Philadelphia City Council voted unanimously to create the first (and still the only) tax incentive program for certified social enterprises at any level of government in the country. Called the Philadelphia Sustainable Business Tax Credit (SBTC), the program was designed as part of newly-elected Mayor Michael Nutter's... 2016  
Osagie K. Obasogie , Zachary Newman BLACK LIVES MATTER AND RESPECTABILITY POLITICS IN LOCAL NEWS ACCOUNTS OF OFFICER-INVOLVED CIVILIAN DEATHS: AN EARLY EMPIRICAL ASSESSMENT 2016 Wisconsin Law Review 541 (2016) The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... 2016  
Ronald M. Sandgrund, Esq., InQ. CAN WE TALK? BIAS, DIVERSITY, AND INCLUSIVENESS IN THE COLORADO LEGAL COMMUNITY 45-FEB Colorado Lawyer 49 (February, 2016) This is the fourth article series by The InQuiring Lawyer addressing a topic that Colorado lawyers may consider often but may not discuss publicly in much depth. The topics in this column are being explored through dialogues involving lawyers, judges, law professors, law students, and law school deans, as well as entrepreneurs, journalists,... 2016  
Stephen M. Rich WHAT DIVERSITY CONTRIBUTES TO EQUAL OPPORTUNITY 89 Southern California Law Review 1011 (July, 2016) The ideal of diversity so pervades American public life that we now speak of diversity where we once spoke of equality. Yet we seldom pause to consider the costs that have accompanied this shift. In Grutter v. Bollinger, the Supreme Court held that a public university's use of racial preferences in student admissions will not violate equal... 2016  
Tor Krever A JOURNAL OF THE LEGAL LEFT? 9 Unbound: Harvard Journal of the Legal Left 1 (2015) In 2005, the editors of Unbound: Harvard Journal of the Legal Left began their new legal journal with a call to arms. On a campus where political discussion seldom strays beyond genuflection to the twin gods of neo-liberalism and a virtually sacred charter of 1787, editors sought to stake out a place for an explicitly Left politics, as distant from... 2015  
Eli Wald BIGLAW IDENTITY CAPITAL: PINK AND BLUE, BLACK AND WHITE 83 Fordham Law Review 2509 (April, 2015) A Caucasian male attorney joins a large law firm as a first year associate. In addition to his regular heavy workload, he is often invited to attend various firmwide events and functions, but his occasional absences are accepted and presumed to be the result of his work ethic and long billable hours. Over time, he receives a steady flow of... 2015  
Anjilee Dodge , Myani Gilbert HIS FEMINIST FACADE: THE NEOLIBERAL CO-OPTION OF THE FEMINIST MOVEMENT 14 Seattle Journal for Social Justice 333 (Fall, 2015) Feminism has been co-opted by misogyny. This paper will demonstrate how the women's liberation movement has been colonized by patriarchal and capitalistic interests through manipulation and coercion. To demonstrate this thesis, our paper will analyze the chronology of colonization throughout the feminist movement by patriarchal and capitalistic... 2015  
Robert T. Miller NORMS OF EQUALITY IMPLICIT IN CAPITALISM 23 Supreme Court Economic Review 235 (2015) Most discussions of capitalism and equality investigate how well capitalist societies conform to some normative notion of equality justified on a basis unrelated to capitalism. By contrast, this paper inquires into what norms of equality are implicit in capitalism itself, which I take to be a system of strong property rights, broad freedom of... 2015  
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