AuthorTitleCitationSummaryYear
  Complaint of the Inter-american Commission on Human Rights, Submitted to the Inter-american Court of Human Rights in the Case of the Awas Tingni Mayagna (Sumo) Indigenous Community Against the Republic of Nicaragua 19 Arizona Journal of International & Comparative Law 17 (Spring, 2002) I. L2-5INTRODUCTION 21 II. L2-5REPRESENTATION OF THE COMMISSION 22 III. L2-5OBJECT OF THE CLAIM 22 IV. L2-5PRESENTATION OF THE FACTS 23 V. L2-5PROCEEDINGS BEFORE THE COMMISSION 27 A. L3-5Presentation of the petition by the Awas Tingni Community and joinder by other indigenous communities of the North and South Atlantic Autonomous Regions. 27 B.... 2002
  Complaint of the Inter-american Commission on Human Rights, Submitted to the Inter-american Court of Human Rights in the Case of the Awas Tingni Mayagna (Sumo) Indigenous Community Against the Republic of Nicaragua 19 Arizona Journal of International & Comparative Law 17 (Spring, 2002) I. L2-5INTRODUCTION 21 II. L2-5REPRESENTATION OF THE COMMISSION 22 III. L2-5OBJECT OF THE CLAIM 22 IV. L2-5PRESENTATION OF THE FACTS 23 V. L2-5PROCEEDINGS BEFORE THE COMMISSION 27 A. L3-5Presentation of the petition by the Awas Tingni Community and joinder by other indigenous communities of the North and South Atlantic Autonomous Regions. 27 B.... 2002
Kimberly Radermacher Constitutional Law--indian Law: the Ongoing Divestiture by the Supreme Court of Tribal Jurisdiction over Nonmembers, on and off the Reservation Nevada V. Hicks, 533 U.s. 353 (2001) 78 North Dakota Law Review 125 (2002) Floyd Hicks (Hicks) was a member of the Fallon Paiute-Shoshone Tribes of Nevada (Tribe) and resided on the Tribes' reservation, which was established by the federal government in 1908. In 1990, state game wardens suspected Hicks had killed, off the reservation and in violation of Nevada law, a California bighorn sheep, which is a protected species.... 2002
Suzianne D. Painter-Thorne Contested Objects, Contested Meanings: Native American Grave Protection Laws and the Interpretation of Culture 35 U.C. Davis Law Review 1261 (June, 2002) Introduction. 1262 I. Background. 1265 A. Historical and Social Context. 1266 B. Legal Context. 1273 II. The Museum Act and NAGPRA. 1277 A. The National Museum of the American Indian Act. 1278 B. Native American Grave Protection and Repatriation Act. 1280 III. Control over the Interpretation of Cultural Objects. 1286 A. Increased Bargaining... 2002
Kristal Markowitz Cultural Tourism: Exploration or Exploitation of American Indians? 26 American Indian Law Review 233 (2001-2002) Tourism appears to be a well-documented subject. There is a wealth of literature that discusses tourism as an economic development possibility, but there is a lack of research into tourism as a social development possibility. Further, the available literature does not differentiate between non-Indian and Indian tourism, or does so only through... 2002
Koriambanya S.A. Carew David and Goliath: Giving the Indigenous People of the Niger Delta a Smooth Pebble--environmental Law, Human Rights and Re-defining the Value of Life 7 Drake Journal of Agricultural Law 493 (Summer 2002) I. Introduction. 494 II. Background on Nigeria. 496 III. Actions of Transnational Oil Companies in Nigeria and the Environmental and Agricultural Impact. 498 IV. Does the Violation of International Environmental Law Give Rise to Human Rights Violations?. 502 A. The Importance of Placing Violations of Environmental Law within the Human Rights... 2002
Melissa L. Meyer, University of California, Los Angeles David E. Wilkins, American Indian Sovereignty and the U.s. Supreme Court: the Masking of Justice, Austin, University of Texas Press, 1997. Pp. Vii + 403. $40.00 (0-292-79108-9). 20 Law and History Review 200 (Spring, 2002) In American Indian Sovereignty and the U. S. Supreme Court: The Masking of Justice, David E. Wilkins painstakingly analyzes fifteen Supreme Court decisions that repeatedly eroded American Indian tribal sovereignty step by step. By systematically rendering the situations that gave rise to the cases and the precedents for ruling otherwise, Wilkins... 2002
Eric Lemont Developing Effective Processes of American Indian Constitutional and Governmental Reform: Lessons from the Cherokee Nation of Oklahoma, Hualapai Nation, Navajo Nation, and Northern Cheyenne Tribe 26 American Indian Law Review 147 (2001-2002) We had constitutionalists and then we had people who felt the constitution wasn't in depth enough and then we had people who didn't really care about the constitution . . . . We had those individuals who were fighting the system. We had a lot of different people that had a lot of different questions and opinions. - Margaret Vaughn, Former Member,... 2002
Charlton H. Bonham Devils Tower, Rainbow Bridge, and the Uphill Battle Facing Native American Religion on Public Lands 20 Law & Inequality: A Journal of Theory and Practice 157 (Summer 2002) It's a place where the Shoshones go up and obtain songs from this mountain. When they go fasting over there, they obtain songs, the songs given to them at this place for Sun Dance, Peyote, or whatever they are seeking. So, to us it is holy ground. We respect it. We walk in with respect and walk away from it with respect. It's a holy place to us,... 2002
Christopher A. Amato Digging Sacred Ground: Burial Site Disturbances and the Loss of New York's Native American Heritage 27 Columbia Journal of Environmental Law L. 1 (2002) I. Introduction. 2 II. Indian Nations in New York. 4 A. Identity and Location. 4 B. Religious Significance of Burial Sites. 6 III. Existing Burial Site Protections in New York. 8 A. General Statutory Provisions. 8 B. State Environmental Quality Review Act. 10 C. State Historic Preservation Act. 11 D. Indian Law Section 12-a. 13 E. The NYAC... 2002
Margi Prideaux Discussion of a Regional Agreement for Small Cetacean Conservation in the Indian Ocean 32 California Western International Law Journal 211 (Spring 2002) Multiple and cumulative anthropogenic threats are having an increasing impact on cetacea around the world. While the International Whaling Commission actively manages the twelve great whales, there are few small cetacean-specific regimes. The complexity of threats and the geopolitical ranges these animals inhabit makes an all-encompassing... 2002
Philip P. Frickey Doctrine, Context, Institutional Relationships, and Commentary: the Malaise of Federal Indian Law Through the Lens of Lone Wolf 38 Tulsa Law Review Rev. 5 (Fall 2002) Lone Wolf v. Hitchcock has been called the Indians' Dred Scott decision. Dred Scott is notorious because of its racism--its inhuman conceptualization of African-Americans--and because of its troubling aftermath--it greased the slide into the Civil War. Lone Wolf is similarly shocking. It, too, reeks of racism--its treatment of Indians as... 2002
Daniel R. Gordon Due North: James Madison, the American Modern Wall of Separation, and the Canadian Indian Residential Schools: New Lessons Concerning Older Notions about the Separation of Church and State 32 Cumberland Law Review 281 (2001-2002) Modern American church-state separation doctrine soon reaches fifty-five years of existence. The United States Supreme Court decided Everson v. Board of Education in February of 1947. Though the Supreme Court in Everson allowed a New Jersey municipality to continue spending tax revenues on bus fares for parochial school students, the Court... 2002
William J. Dunaway, JAGC, USN Eco-justice and the Military in Indian Country: the Synergy Between Environmental Justice and the Federal Trust Doctrine 49 Naval Law Review 160 (2002) Whether on land, in the air, or at sea, no other organization can match the size or scope of today's military. The Department of Defense (DoD) manages the world's largest infrastructure, with a physical plant valued at over half a trillion dollars. DoD employees are located on 588 fixed facilities and more than 40,000 properties amounting to 18... 2002
Jennifer A. Amiott Environment, Equality, and Indigenous Peoples' Land Rights in the Inter-american Human Rights System: Mayagna (Sumo) Indigenous Community of Awas Tingni V. Nicaragua 32 Environmental Law 873 (Fall 2002) This Note outlines the struggles of the Mayagna (Sumo) Community of Awas Tingni of the Atlantic Coast of Nicaragua to protect its rights to its traditional lands and the natural resources found upon them. Despite the vital role that ancestral lands play in the lives of Nicaragua's indigenous peoples, the Nicaraguan government granted a foreign... 2002
John Alan Cohan Environmental Rights of Indigenous Peoples under the Alien Tort Claims Act, the Public Trust Doctrine and Corporate Ethics, and Environmental Dispute Resolution 20 UCLA Journal of Environmental Law & Policy 133 (2001/2002) 1. Introduction. Globalization and emerging ethical principles of multinational energy projects and indigenous peoples. 134 2. Definition of Indigenous Peoples . 136 3. A case study of the U'wa Tribe of Colombia and Occidental Petroleum. 139 4. The Alien Tort Claims Act as a remedy for environmental damages occurring abroad. 145 The Role of... 2002
Robert Poirier , David Ostergren Evicting People from Nature: Indigenous Land Rights and National Parks in Australia, Russia, and the United States 42 Natural Resources Journal 331 (Spring, 2002) The authors compare Australia, the United States, and Russia to provide a cross section of political and cultural circumstances impacting indigenous people as these countries recognize the value of protecting wild natural areas. All three nations initiated protected area systems in the late 1800s that excluded indigenous populations. Throughout... 2002
Rosemary Sweeney Federal Acknowledgement of Indian Tribes: Current Bia Interpretations of the Federal Criteria for Acknowledgment with Respect to Several Northwest Tribes 26 American Indian Law Review 203 (2001-2002) After taking from Indian tribes their land and their identity, and violating many of the treaties it made with them, the federal government established a lengthy and expensive process that Indian tribes must go through to obtain federal acknowledgment. Federal acknowledgment brings health, education, and housing benefits. In order to obtain federal... 2002
Kaighn Smith Jr. Fighting for a Federal Forum in Indian Sovereignty Cases: a Primer 49-APR Federal Lawyer 37 (March/April, 2002) Every Indian lawyer knows that principles of tribal sovereignty should be fought out in federal court not in state court. Although Indian affairs are uniquely federal concerns, a host of obstacles stands in the way of assuring the adjudication of tribal rights in a federal forum. The Supreme Court's penchant for states' rights does not help. The... 2002
John J. Miller Fighting Sue: the Unsavory War Against Indian Symbols 1 Virginia Sports and Entertainment Law Journal 291 (Spring, 2002) I was somewhat encouraged last spring when the U.S. Commission on Civil Rights passed a resolution condemning sports teams that use Indian nicknames, even though I basically disagreed with their decision. It's such a trivial issueand so low on the list of issues that concern individual Indians and their tribesthat the state of civil rights and... 2002
Bryan H. Wildenthal Fighting the Lone Wolf Mentality: Twenty-first Century Reflections on the Paradoxical State of American Indian Law© 38 Tulsa Law Review 113 (Fall 2002) I. 1999: Three Cases, Three Courts, Three Sovereigns. 113 II. The Lone Wolf Mentality. 118 III. The Hunting of Lone Wolf. 123 IV. The Lone Wolf Mentality Rises Again: The Rehnquist Era of American Indian Law. 124 V. 2001: Two Cases, One Court, No Justice. 135 VI. Where Do We Go from Here?. 144 2002
  Final Written Arguments of the Inter-american Commission on Human Rights Before the Inter-american Court of Human Rights 19 Arizona Journal of International & Comparative Law 327 (Spring, 2002) 1. The Inter-American Commission on Human Rights (hereinafter the Commission or the Inter-American Commission) has presented a petition to the Inter-American Court of Human Rights (hereinafter the Court) against the State of Nicaragua (hereinafter the State or the Nicaraguan State) with regard to the case of the Mayagna (Sumo) Indigenous... 2002
  Final Written Arguments of the Inter-american Commission on Human Rights Before the Inter-american Court of Human Rights in the Case of the Mayagna (Sumo) Indigenous Community of Awas Tigni Against the Republic of Nicaragua (Unofficial Translation) 19 Arizona Journal of International & Comparative Law 325 (Spring, 2002) I. L2-4INTRODUCTION 327 II. L2-4PROVEN FACTS 328 A. L3-4The existence and historical continuity of the Awas Tingni Community 328 B. L3-4The Community's traditional land and natural resource tenure 331 C. L3-4The repeated fruitless efforts of the Community to obtain demarcation of and title to property 336 D. L3-4The granting of the concession to... 2002
Barbara Ann Atwood Flashpoints under the Indian Child Welfare Act: Toward a New Understanding of State Court Resistance 51 Emory Law Journal 587 (Spring 2002) The Indian Child Welfare Act (ICWA or the Act), a unique statute in the American legal landscape, was an effort by Congress to reverse the wholesale separation of Indian children from their families and to restore tribal authority over the welfare of Indian children. By some accounts the Act has been the victim of entrenched state court... 2002
K. Alexa Koenig Gambling on Proposition 1a: the California Indian Self-reliance Amendment 36 University of San Francisco Law Review 1033 (Summer 2002) We can't go back. The bridge is gone. -- Strong Eyes THE JOURNEY BACK towards tribal self-sufficiency has been long and hard: For nearly two centuries, California Native American tribes have been forced off their lands, enslaved, and even systematically murdered. Their children have been taken from them, and their tribal cultures devastated. Even... 2002
William H. Rodgers, Jr. Growth and Form: Indian Tribes, Terrorism, and the Durability of Environmental Law 26 Vermont Law Review 865 (Summer, 2002) It is an honor to deliver the Sterry R. Waterman Lecture at the Vermont Law School. I had the privilege of meeting Judge Waterman many years ago when I was a law clerk to the Honorable Frederick Van Pelt Bryan, Southern District of New York. Sterry Waterman was a buoyant, creative, and thoroughly wise man-the epitome of a judge we are pleased to... 2002
Tim Vollmann House of Delegates Passes Resolution on Federal Support for Indian Water Right Settlements 34 No.2 ABA Trends Trends 8 (November/December, 2002) A resolution urging Congress and the administration to give high priority to the negotiation and funding of Indian water right settlements passed the ABA House of Delegates on Aug. 12 during the 2002 ABA Annual Meeting in Washington. The recommendation originated last year with the Water Resources Committee of the Section of Environment, Energy,... 2002
  I Will Not Sit Idly by While My Future Is Determined: the Response of the University of Michigan Black Law Students' Alliance to Grutter V. Bollinger, et Al. 8 Michigan Journal of Gender & Law 101 (2002) Back in 1998, the Michigan Journal of Gender & Law expressed support for the University of Michigan Law School's defense of its affirmative action policy, which is at controversy in Grutter v. Bollinger. Today, as in 1998, [W]e certainly do not believe the Law School admissions policy truly addresses the inequalities within our law school and the... 2002
Stefan Matiation Impact Benefits Agreements Between Mining Companies and Aboriginal Communities in Canada: a Model for Natural Resource Developments Affecting Indigenous Groups in Latin America? 7 Great Plains Natural Resources Journal 204 (Fall 2002) I. Introduction. 204 II. Impact Benefit Agreements and Aboriginal Rights in Canada. 205 III. Indigenous Rights at International Law and Impact Benefit Agreements. 212 IV. Corporate Accountability: Indigenous Rights Leading the Pack. 228 V. Conclusion. 230 2002
Fred E. Breedlove Implementing the Resource Conservation and Recovery Act (Rcra) in Indian Country and Approaches for Amending Rcra to Better Serve Tribal Interests 26 Vermont Law Review 881 (Summer, 2002) The Chase Paper Competition, named for the late Jonathon B. Chase, third dean of Vermont Law School, was established in 1989 by the Vermont Law Review to recognize excellence in writing among members of the third year class at Vermont Law School. Each year, the Vermont Law Review selects one paper written by a member of the third year class to be... 2002
Dani Daugherty In Hogs We Trust--a Million Pigs in the Parlor: the Bureaucracy of the Bureau of Indian Affairs' Conflicting Trust Roles 7 Great Plains Natural Resources Journal 267 (Fall 2002) I. Introduction. 267 II. The Three Little Parties and the Big BIA Wolf: The Players in a Hog Farm Fairy Tale. 268 A. Party #1: Tribal Governments and The Rosebud Sioux Tribe. 268 B. Party #2: Sun Prairie and the Grassy Knoll. 270 C. Party #3: The Intervenors. 271 D. The Big BIA Wolf. 272 III. This Little Party Went to Federal Court, This Little... 2002
P.R.V. Raghavan Indian Budget 2002-2003 13 Journal of International Taxation 32 (November, 2002) The consolidation budget targets, among other areas, agriculture reform, investment in infrastructure, the financial sector, and industrial growth. The Indian Budget for 2002-2003, the third of the new millennium but the fifth of the National Democratic Alliance government, was presented by Union Finance Minister Yashwant Sinha on February 28,... 2002
Prv Raghavan Indian Budget Aims for a New Deal 13 Journal of International Taxation 38 (January, 2002) The growth budget increases and continues exemptions and tax holidays and reduces corporate and duty rates, but a recent explanation limiting treaty nondiscrimination clauses seems at odds with the law. The Indian budget for the year 2001-2002, the second of the new millennium but the fourth of the Bhartiya Janta Party (BJP)-led government, was... 2002
Gabe Galanda Indian Law Essentials 63-OCT Oregon State Bar Bulletin 29 (October, 2002) Over the past decade, the 42 federally recognized Indian tribes in Washington, Oregon and Idaho have become major players in the local, state and national economies. Northwest tribes are aggressively creating and operating new businesses in the areas of real estate development, banking and finance, media, telecommunications, wholesale and retail... 2002
Louis Fisher Indian Religious Freedom: to Litigate or Legislate? 26 American Indian Law Review Rev. 1 (2001-2002) For most of U.S. history, little was done at the national or state level to protect the religious practices of Indians. Initially they were to be civilized, assimilated, and acculturated into American society. Later stages led to exclusion of most Indians from the east coast, the creation of additional reservations, and termination of federal... 2002
Angela R. Riley Indian Remains, Human Rights: Reconsidering Entitlement under the Native American Graves Protection and Repatriation Act 34 Columbia Human Rights Law Review 49 (Fall 2002) Tribal representatives described a gruesome scene where pieces of caskets, the outlines of additional graves, and parts of human burials were exposed and lying on the surface of the drawdown zone. When the federal government undertook to build Fort Randall Dam in 1949, it was known that the Indian cemetery downstream would become the site of Lake... 2002
Peter Capossela Indian Reserved Water Rights in the Missouri River Basin 6 Great Plains Natural Resources Journal 131 (Spring/Summer 2002) I. Introduction. 132 II. Background--Indian Tribes of the Missouri River Basin. 133 A. Treaties with the Indian Nations. 133 B. Indian Tribes Along the Missouri River. 135 III. Indian Reserved Water Rights. 136 A. Winters v. United States. 136 B. Quantification of Indian Reserved Water Rights. 138 i. Cases Following Winters. 138 ii. Arizona v.... 2002
Michael Legg Indigenous Australians and International Law: Racial Discrimination, Genocide and Reparations 20 Berkeley Journal of International Law 387 (2002) There are aspects of our history of which we are right to be proud and others of which we should properly feel ashamed. Neither should be thought to wash away the other. Even more, we have something new to be ashamed of if we try to deny what else we have to be ashamed of. History once written by the victors is now being reconsidered from the... 2002
Ofelia Schutte Indigenous Issues and the Ethics of Dialogue in Latcrit Theory 54 Rutgers Law Review 1021 (Summer 2002) The Sixth LatCrit conference asks everyone to inquire critically into ways that shed light on and explain the North/South character of Latino/a transnationality. This panel looks at the construction of identity among indigenous activists in Latin America and its implications for critical theory and activism relevant to Latinas/os in the United... 2002
Lawrence Watters Indigenous Peoples and the Environment: Convergence from a Nordic Perspective 20 UCLA Journal of Environmental Law & Policy 237 (2001/2002) The central question here, as in all issues concerning indigenous rights, is who is in a position to control resources. It is question of land rights. Sami - Scandinavia To us Indians human rights is a matter of daily survival; it is the right to food, to firewood and to fresh water, but above all it is the right to our customs. Plains Cree -... 2002
  Indigenous Peoples and the Global Trade Regime 96 American Society of International Law Proceedings 279 (3/16/2002) by Russel Lawrence Barsh In May 2001, a coalition of three U.S. environmental organizations and some of Canada's most outspoken indigenous nations filed a petition with the U.S. Department of Commerce, alleging that Canada is subsidizing its forest products exporters by failing to protect aboriginal title to forests in northern Québec and British... 2002
  Interview with Congressman George Miller (D-calif.), Ranking Minority Member, House Education and Workforce Committee 7 Georgetown Public Policy Review 99 (Spring, 2002) The No Child Left Behind Act is designed to ensure that every classroom is headed by a qualified teacher and recommends funds be used for the recruitment, training, and support of qualified teachers. How do you envision that succeeding given the rigidity of the teacher pay structure? H.R. 1 permits both states and local school districts to use... 2002
Robert Moog Judicial Activism in the Cause of Judicial Independence: the Indian Supreme Court in the 1990s 85 Judicature 268 (May/June 2002) In democratic discourse it has become indispensable to cling to the rhetoric of judicial independence, regardless of the gap that may exist between the reality and the ideal. Having that autonomous third branch of government as a check on the more powerful political branches is seen as essential for the development of the rule of law, and,... 2002
Mark R. Scherer, University of Nebraska-Omaha Kenneth R. Philp, Termination Revisited: American Indians on the Trail to Self-determination, 1933-1953, Lincoln: University of Nebraska Press, 1999. Pp. Xv + 325. $50.00 (Isbn 0-8032-3723-5). 20 Law and History Review 206 (Spring, 2002) Over the past several decades, a nearly uniform historiography has emerged regarding the federal government's ill-fated termination policy toward Native Americans in the post-World War II era. The standard interpretation is that termination evolved into a misguided, avaricious, and culturally arrogant policy that ultimately wreaked havoc on those... 2002
Scott R. Rosner Legal Approaches to the Use of Native American Logos and Symbols in Sports 1 Virginia Sports and Entertainment Law Journal 258 (Spring, 2002) The controversy surrounding the use of Native American logos, symbols, and nicknames in interscholastic, intercollegiate, and professional sports is certainly nothing new. While the other commentators who have contributed articles to this Symposium edition have divergent views on the topic, this Article will set forth the various legal approaches... 2002
John A. Mills Legal Constructions of Cultural Identity in Latin America: an Argument Against Defining "Indigenous Peoples" 8 Texas Hispanic Journal of Law and Policy 49 (Spring 2002) I. Introduction. 51 II. A Background to Indigenous Rights. 52 A. Historical Development in Latin America. 52 B. International Organizations. 54 III. The Difficulty in Deciding Who Gets to be Indigenous . 56 A. The Argument in Favor of Definition. 56 B. Attempts at Definition. 58 C. Current Arguments Against Definition. 60 IV. Cultural Identities... 2002
Ian H. Hlawati Loko I'a: a Legal Guide to the Restoration of Native Hawaiian Fishponds Within the Western Paradigm 24 University of Hawaii Law Review 657 (Summer, 2002) Ancient Hawaiian fishponds change modern peoples' lives. Fishfarmers, preservationists, and chance visitors continue to attest to an inherent magnetism of fishponds. And yet, Hawai'i developers and property owners often curse the fishpond and its attendant burden on coastal development. Restorationists, likewise, have come to fulminate, not about... 2002
Berit Winge Mandatory Sentencing Laws and Their Effect on Australia's Indigenous Population 33 Columbia Human Rights Law Review 693 (Summer 2002) In Australia's Northern Territory, Kevin Cook, a twenty-nine year-old homeless Aboriginal man, stole an eight-dollar bath towel from a clothesline, intending to use the towel as a blanket. Drunk at the time of the incident, Cook eventually returned the towel to the owner. After being convicted of petty theft, Cook was sentenced to serve one year in... 2002
Deborah Schaaf , Julie Fishel Mary and Carrie Dann V. United States at the Inter-american Commission on Human Rights: Victory for Indian Land Rights and the Environment 16 Tulane Environmental Law Journal 175 (Winter 2002) I. Introduction. 175 II. Indigenous Rights and Environmental Protection. 177 III. The Ongoing Theft of Western Shoshone Lands by the United States. 178 IV. Inter-American Commission on Human Rights: Mary and Carrie Dann v. United States. 181 V. Conclusion. 186 2002
Carole Goldberg Members Only? Designing Citizenship Requirements for Indian Nations 50 University of Kansas Law Review 437 (April, 2002) Indian nations' constitutional reform efforts encounter some of their most paralyzing conflicts over criteria for membership. Three years ago, I initiated a Tribal Legal Development Clinic at UCLA, whose purpose has been to assist Indian nations in building their legal infrastructures. This Clinic has provided free consulting and drafting services... 2002
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