AuthorTitleCitationSummaryYear
Lori V. Quigley, Ph.D. Thomas Indian School 14 Judicial Notice 48 (2019) In the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government hoped would change the traditions and customs of American Indians. In the past several decades, research into these boarding... 2019
Jessica A. Shoemaker Transforming Property: Reclaiming Indigenous Land Tenures 107 California Law Review 1531 (October, 2019) This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet,... 2019
Jason Zenor Tribal (De)termination? Commercial Speech, Native American Imagery and Cultural Sovereignty 48 Southwestern Law Review 81 (2019) The U.S. Supreme Court ruled in Matal v. Tam that the disparagement clause in the Lanham Act was unconstitutional. This case was just another in a line of commercial speech cases to expand the rights of corporations. This ruling also further limits the legal options for tribes to protect their cultural identity from exploitation. In response, this... 2019
Rebecca Tsosie Tribal Data Governance and Informational Privacy: Constructing "Indigenous Data Sovereignty" 80 Montana Law Review 229 (Summer, 2019) There is a growing movement among Indigenous peoples to assert a right to Indigenous data sovereignty, and yet, the term data sovereignty is not widely understood. What does it mean to control the collection, use and management of information in an era of Big Data, in which digital technology transforms knowledge into electronic form, to be... 2019
Rebecca Tsosie TRIBAL DATA GOVERNANCE AND INFORMATIONAL PRIVACY: CONSTRUCTING "INDIGENOUS DATA SOVEREIGNTY" 80 Montana Law Review 229 (Summer, 2019) There is a growing movement among Indigenous peoples to assert a right to Indigenous data sovereignty, and yet, the term data sovereignty is not widely understood. What does it mean to control the collection, use and management of information in an era of Big Data, in which digital technology transforms knowledge into electronic form, to be... 2019
Jan Bissett , Margi Heinen Tribal Law Resources and American Indian Law Research Guides 98-AUG Michigan Bar Journal 52 (August, 2019) Researching American Indian legal issues may encompass federal, state, or tribal jurisdictions. Researchers often think of federal resources-- legislation, treaties, cases, statutes, agency rulings, and litigation as well as regulations--as a starting point. But is your issue governed by this law, or is it an entirely different jurisdiction? The... 2019
John Hayden Dossett TRIBAL NATIONS AND CONGRESS'S POWER TO DEFINE OFFENCES AGAINST THE LAW OF NATIONS 80 Montana Law Review 41 (Winter, 2019) C1-2Contents I. Introduction. 41 II. The Concern with Plenary Power. 46 III. Tribal Nations Considered Nations by the Framers and Throughout United States History. 49 IV. Offences Against the Law of Nations and Tribal Nationhood in the United States. 56 V. Scope of the Offences Clause Includes Civil Remedies as well as Criminal Punishment. 59 VI.... 2019
Robert Sroka Two Models for Indigenous Land Development Outside of Vancouver, British Columbia 12 Albany Government Law Review 255 (2018-2019) In addition to being a primary sphere in which law has strong potential to positively impact socio-economic development, land rights as they pertain to Indigenous peoples are a frequent flashpoint of conflict throughout the developing world. Yet many similar conflicts exist in highly developed countries that also happen to be former colonies. While... 2019
Danielle Delaney Under Coyote's Mask: Environmental Law, Indigenous Identity, and #Nodapl 24 Michigan Journal of Race and Law 299 (Spring, 2019) This Article studies the relationship between the three main lawsuits filed by the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and the Yankton Sioux Tribe against the Dakota Access Pipeline (DaPL) and the mass protests launched from the Sacred Stone and Oceti Sakowin protest camps. The use of environmental law as the primary legal... 2019
Frank Pommersheim United States V. Gillette: a Tiny Prairie Casenote Opening a Window on the Enveloping Fog Obscuring the Indian Civil Rights Act of 1968 80 Montana Law Review 121 (Winter, 2019) United States v. Gillette is one of the first reported cases on the new post-United States v. Bryant road. As of yet, there is no reliable (legal) GPS to point the way. This tiny prairie casenote is not meant to focus on the answers, but rather to clarify the questions and to widen the discussion as the journey continues. On January 31, 2017,... 2019
  United States-crow Treaty--federal Indian Law-- Indian Plenary Power Doctrine--herrera V. Wyoming 133 Harvard Law Review 402 (November, 2019) As the United States expanded and its territories received statehood, questions naturally emerged about how the nature of relationships between the territories and Indian tribes on those lands would change. These questions were complicated by a changing perspective on the inherent sovereignty of Indian Tribes and how that informed what the courts... 2019
Jason Mitchell UNOCCUPIED: HOW A SINGLE WORD AFFECTS WYOMING'S ABILITY TO REGULATE TRIBAL HUNTING THROUGH A FEDERAL TREATY; HERRERA v. WYOMING 19 Wyoming Law Review 271 (2019) I. Introduction. 272 II. Background. 274 A. The Second Treaty of Fort Laramie. 274 B. Precedent Implicated in the Treaty's Interpretation. 275 1. Ward v. Race Horse. 275 2. Crow Tribe of Indians v. Repsis. 277 3. Minnesota v. Mille Lacs Band of Chippewa Indians. 278 III. Wyoming State District Court Opinion. 280 A. Procedural Posture. 280 B. Issue... 2019
Luhui Whitebear Vawa Reauthorization of 2013 and the Continued Legacy of Violence Against Indigenous Women: a Critical Outsider Jurisprudence Perspective 9 University of Miami Race & Social Justice Law Review 75 (Spring, 2019) A nation is not conquered until the hearts of its women are on the ground. - Cheyenne Proverb They trespass her body like they trespass this land . - Thomas Ryan Red Corn (To the Ingenious Woman by the 1491s) I. INTRODUCTION. 76 II. CONNECTION OF VIOLENCE TO INDIGENOUS LANDS AND BODY. 77 III. BACKGROUND STATISTICS. 81 IV. VAWA REAUTHORIZATION... 2019
Judith M. Stinson WHEN TRIBAL DISENROLLMENT BECOMES CRUEL AND UNUSUAL 97 Nebraska Law Review 820 (2019) C1-2TABLE OF CONTENTS I. Introduction. 821 II. The Eighth Amendment's Prohibition on Cruel and Unusual Punishment. 824 III. The Prohibition on Cruel and Unusual Punishment Applies to Tribes via the Indian Civil Rights Act. 832 IV. Tribal Punishment. 836 A. Historical Methods of Addressing Criminal Conduct. 837 B. Modern Methods of Addressing... 2019
Chelsea Minuche, Claire Postman Winner, Best Appellate Brief in the 2019 Native American Law Student Association Moot Court Competition 43 American Indian Law Review 489 (2019) 1. Whether Petitioner, a citizen of the Amantonka Nation, is Indian and therefore not subject to special domestic violence criminal jurisdiction under the Violence Against Women Act of 2013? 2. Whether (a) Petitioner's court-appointed attorney, a member in good standing of the Amantonka Nation Bar, satisfies all legal requirements for... 2019
Allison Elder "INDIAN" AS A POLITICAL CLASSIFICATION: READING THE TRIBE BACK INTO THE INDIAN CHILD WELFARE ACT 13 Northwestern Journal of Law & Social Policy 410 (Spring, 2018) In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in... 2018
Gregory Ablavsky "WITH THE INDIAN TRIBES": RACE, CITIZENSHIP, AND ORIGINAL CONSTITUTIONAL MEANINGS 70 Stanford Law Review 1025 (April, 2018) Abstract. Under black-letter law declared in the U.S. Supreme Court's decision in Morton v. Mancari, federal classifications of individuals as Indian based on membership in a federally recognized tribe rely on a political, not a racial, distinction, and so are generally subject only to rational basis review. But the Court recently questioned this... 2018
Nisha Bhakta A Clash Between Culture and Law: a Comparative Look at the Conflict Between Quiet Title Actions in Hawaii, the Kuleana Act of 1850, and the Displacement of Indigenous People 49 California Western International Law Journal 137 (Fall, 2018) C1-2Table of Contents Introduction. 137 I. Land Law and Indigenous Rights. 139 A. History of Hawaiian Land Law. 139 1. Hawaiian Legislation. 140 2. Homelessness in Hawaii. 143 B. History of Australian Land Law. 147 1. Australian Legislation. 148 2. Homelessness in Australia. 151 a. Physical Homelessness. 152 b. Spiritual Homelessness. 154 II.... 2018
Malini Vijaykumar A Crisis of Conscience: Miscarriages of Justice and Indigenous Defendants in Canada 51 U.B.C. Law Review 159 (January, 2018) The criminal justice system failed Donald Marshall, Jr. at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to, and even beyond, his acquittal by the Court of Appeal in 1983. The tragedy of the failure is compounded by evidence that this miscarriage of justice could--and should--have been prevented, or at least... 2018
Keri Vacanti Brondo, University of Memphis A Dot on a Map: Cartographies of Erasure in Garifuna Territory 41 PoLAR: Political and Legal Anthropology Review 185 (November, 2018) This article explores the complexities of territorial dispossession in a post-Washington-Consensus global development policy context. In particular, it explores a contemporary development paradox in Honduras: the transnational recognition of the rights of indigenous people alongside massive land dispossession of the Afro-Indigenous Garifuna in the... 2018
Camille Fenton A Jury of Someone Else's Peers: the Severe Underrepresentation of Native Americans from the Western Division of South Dakota's Jury-selection Process 24 Texas Journal on Civil Liberties & Civil Rights 119 (Fall, 2018) Native American defendants hailed into federal court in the Western Division of the United States District Court for South Dakota routinely face a venire of potential jurors that fails to include a single Native American. As such, many of them decline to exercise their constitutional right to a jury trial. This unrepresentative venire is a direct... 2018
William H. Henning, Susan M. Woodrow, Marek Dubovec A Proposal for a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country 18 Wyoming Law Review 475 (2018) I. Introduction. 476 II. What is Secured Transactions Law and Why Is It Important to Tribal Economic Development?. 480 A. Types of Transactions. 480 B. Current Status of Secured Transactions Laws in the Various States of the U.S.. 482 C. International Developments and Their Relevance for Indian Country. 483 D. The Model Tribal Secured Transactions... 2018
Bhavani Raman, Department of Historical and Cultural Studies, University of Toronto A Sea of Debt: Law and Economic Life in the Western Indian Ocean 1780-1950. By Fahad Bishara. Cambridge: Cambridge University Press, 2017 52 Law and Society Review 1098 (December, 2018) Fahad Bishara's A Sea of Debt is an extraordinary sociolegal history of economic life that stands out for its imagination and signal contributions to the study of law, mobility, and global capital. Set across 170 years of western Indian Ocean commerce, the book reconceptualizes waraqas (letters of longstanding obligation that bound Indian Ocean... 2018
Grant Christensen A View from American Courts: the Year in Indian Law 2017 41 Seattle University Law Review 805 (Spring, 2018) Introduction. 807 I. Some Statistics. 809 II. The Supreme Court. 811 A. The 2016-2017 Term. 811 Application of Lewis v. Clarke in 2017. 813 B. The 2017-2018 Term. 816 1. Cases Docketed for the 2017-2018 Term. 816 2. Dissent from Denial of Certiorari. 818 III. Important Developments in 2017. 819 A. Civil Jurisdiction Over Nonmembers: Developments in... 2018
Robert C. Batson Addressing the Opioid Crisis in Indian Country with a Parens Patriae Action in Tribal Court 11 Albany Government Law Review 106 (2017-2018) According to the Centers for Disease Control and Prevention (CDC), the United States is in the midst of an opioid overdose epidemic. The CDC defines opioids as: Natural or synthetic chemicals that interact with opioid receptors on nerve cells in the body and brain, and reduce the intensity of pain signals and feelings of pain. This class of drugs... 2018
Kevin K. Washburn AGENCY PRAGMATISM IN ADDRESSING LAW'S FAILURE: THE CURIOUS CASE OF FEDERAL "DEEMED APPROVALS" OF TRIBAL-STATE GAMING COMPACTS 52 University of Michigan Journal of Law Reform 49 (Fall, 2018) In the Indian Gaming Regulatory Act of 1988 (IGRA), Congress imposed a decision-forcing mechanism on the Secretary of the Interior related to tribal-state compacts for Indian gaming. Congress authorized the Secretary to review such compacts and approve or disapprove each compact within forty-five days of submission. Under an unusual provision of... 2018
Alyssa Lankford Agua Caliente Band of Cahuilla Indians V. Coachella Valley Water District: a Tribe's Successful Fight for Federally Reserved Water Rights 43 American Indian Law Review 203 (2018) When the well's dry, we know the worth of water. --Benjamin Franklin The Ninth Circuit began its landmark opinion in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District with this quote, not merely for stylistic appeal, but to highlight the importance of the issue discussed in the case: the allocation of water rights. The world... 2018
William L. Iggiagruk Hensley , John Sky Starkey Alaska Native Perspectives on the Alaska Constitution 35 Alaska Law Review 129 (December, 2018) Part I is adapted from a panel discussion by Mr. Hensley on Friday, October 11, 2018 We, as the indigenous people who occupied this space now called Alaska for over ten thousand years, were essentially in the twilight zone of the minds of those who created the Alaska Constitution. I have looked at some of the videos where the participants of the... 2018
Madhu Sivaram Muttathil An Indian Perspective on Whistleblowing 36 No.1 ACC Docket 64 (January/February, 2018) Public interest disclosure. In 2004, the Indian government passed the Public Interest Disclosure and Protection of Informers Resolution to provide a mechanism to receive written complaints of any allegation of corruption or the misuse of office by any employee of the federal government or of any corporation or agency controlled by the federal... 2018
Jennifer Gieselman An Invisible Wall: How Language Barriers Block Indigenous Latin American Asylum-seekers 27 Transnational Law & Contemporary Problems 451 (Summer, 2018) I. The Significance of Communication Problems Within U.S. Asylum Procedures. 451 A. An Introduction to the Communication Problem. 451 B. A Brief Background of Indigenous Latin America. 453 C. The U.S. Immigration System and Indigenous Latin America Collide. 456 II. Communication with Customs and Border Protection at Ports of Entry on the Southern... 2018
James D. Diamond An Overview of Practicing American Indian Criminal Law in Federal, State, and Tribal Courts, and an Update about Recent Expansion of Criminal Jurisdiction over non-indians 65-APR Federal Lawyer 18 (April, 2018) As a result of changes in federal law, domestic violence offenders and their defense attorneys are more likely to find themselves or their clients appearing in American Indian tribal courts. This article summarizes the very knotty jurisdictional maze that surrounds criminal law and American Indians or Indian tribes. It explains recent changes in... 2018
Charles Wilkinson At Bears Ears We Can Hear the Voices of Our Ancestors in Every Canyon and on Every Mesa Top: the Creation of the First Native National Monument 50 Arizona State Law Journal 317 (Spring, 2018) On December 28, 2016, President Barack Obama proclaimed the Bears Ears National Monument. It is glory country. This classic Southwestern landscape of canyons, mesas, mountains, and redrock formations is every bit the equal of national parks such as Canyonlands, Arches, Zion, and Capitol Reef. The distinctive Bears Ears Buttes rise to an elevation... 2018
Dr. Bette Jacobs , Mehgan Gallagher , Nicole Heydt , Georgetown University At the Intersection of Health and Justice: How the Health of American Indians and Alaska Natives Is Disproportionately Affected by Disparities in the Criminal Justice System 6 Belmont Law Review 41 (2018) American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN... 2018
Connie McCarthy Bait and Switch: Taking Native Species on and off the List Due to Invasive Species 8 Barry University Environmental and Earth Law Journal 95 (2018) Globalization has caused people, products, and wildlife to move across the globe. Globalization impacts our lifestyles on a daily basis. Unknown as to when this cycle began, globalization is defined as an economic system in which raw materials, manufactured goods, intellectual property, and financial transactions flow freely across borders. This... 2018
Halley Petersen Banishment of Non-natives by Alaska Native Tribes: a Response to Alcoholism and Drug Addiction 35 Alaska Law Review 267 (December, 2018) Since 2015, at least a dozen tribal court banishments have been reported in Alaska, mainly involving alleged bootleggers and drug dealers in rural communities. Rural Alaska communities, which are predominantly Alaska Native, face high rates of alcoholism, drug abuse, and related crime. Faced with these drug and alcohol issues and insufficient... 2018
Halley Petersen BANISHMENT OF NON-NATIVES BY ALASKA NATIVE TRIBES: A RESPONSE TO ALCOHOLISM AND DRUG ADDICTION 35 Alaska Law Review 267 (December, 2018) Since 2015, at least a dozen tribal court banishments have been reported in Alaska, mainly involving alleged bootleggers and drug dealers in rural communities. Rural Alaska communities, which are predominantly Alaska Native, face high rates of alcoholism, drug abuse, and related crime. Faced with these drug and alcohol issues and insufficient... 2018
Troy A. Eid Beyond the Dakota Access Pipeline: Working Effectively with Indian Tribes on Energy Projects 49 No.4 ABA Trends 12 (March/April, 2018) The Dakota Access Pipeline (DAPL) is changing how Indian tribes approach infrastructure projects, presenting new risks and opportunities for energy development. DAPL--a $3.8 billion, 1,172-mile crude-oil pipeline--entered service last June after months of construction delays; it now moves half the total daily oil production of North Dakota through... 2018
Jonathan Liljeblad Beyond Transnational Advocacy: Lessons from Engagement of Myanmar Indigenous Peoples with the Un Human Rights Council Universal Periodic Review 43 Vermont Law Review 217 (Winter 2018) On July 21, 2015, the Coalition of Indigenous Peoples in Myanmar/Burma (CIPM), a group representing 24 indigenous rights organizations in Myanmar, announced they were submitting a report to the Universal Periodic Review (UPR) session on Myanmar. The use of the UPR represents an attempt by Myanmar's indigenous groups to address a variety of issues... 2018
Andrew Rome BLACK SNAKE ON THE PERIPHERY: THE DAKOTA ACCESS PIPELINE AND TRIBAL JURISDICTIONAL SOVEREIGNTY 93 North Dakota Law Review 57 (2018) [W]hen one strips away the convoluted statutes, the technical legal complexities, the elaborate collateral proceedings, and the layers upon layers of interrelated orders and opinions from this Court . what remains is the raw, shocking, humiliating truth at the bottom: After all of these years, our government still treats Native American Indians as... 2018
Janie Simms Hipp , Colby D. Duren , Erin Parker Building Indian Country's Future Through Food, Agriculture, Infrastructure, and Economic Development in the 2018 Farm Bill 14 Journal of Food Law & Policy 24 (Spring, 2018) Agriculture is, and has always been, important to Indian Country. According to the data collected by the National Agricultural Statistics Service (NASS) for the most recent Census of Agriculture, there are over 71,947 American Indian and Alaska Native (AIAN) Farmers and Ranchers, working on more than 57 million acres of land, with a market... 2018
Julia Kowalski, North Dakota State University Bureaucratizing Sensitivity: Documents and Expertise in North Indian Antiviolence Counseling 41 PoLAR: Political and Legal Anthropology Review 108 (May, 2018) Following transnational legal standards, India's antidomestic violence legislation is designed to sensitize the state to gendered violence by appointing nongovernmental organizations to help plaintiffs document abuse. Drawing on fieldwork at a family counseling center in Rajasthan, I show that staff balanced their roles as family counselors and... 2018
  Chapter 19 • Native American Resources 2018 ABA Environment, Energy, and Resources Law: The Year in Review 207 (2018) On November 27, 2018, the United States Supreme Court heard oral arguments in a case questioning whether the United States had ever disestablished the Muscogee (Creek) Nation's reservation in Oklahoma. The case concerned Dwayne Murphy, an enrolled member of the Muscogee (Creek) Nation, who was convicted of murder and sentenced to death following an... 2018
Grant Christensen Civil Rights Notes: American Indians and Banishment, Jury Trials, and the Doctrine of Lenity 27 William & Mary Bill of Rights Journal 363 (December, 2018) If we fight for civil liberties for our side, we show that we believe not in civil liberties but in our side. But when those of us who never were Indians and never expect to be Indians fight for the cause of Indian self-government, we are fighting for something that is not limited by the accidents of race and creed and birth; we are fighting for .... 2018
Lacey K. Reimer Climate Change and the Arctic: Ideas for How the United States and Canada Can Protect Their Arctic Indigenous Peoples 28 Transnational Law & Contemporary Problems 233 (Winter 2018) I. 233 II. Background. 235 A. Climate Change: Impact on the Arctic. 236 B. Impact of Climate Change on Arctic Indigenous Peoples in the United States and Canada. 237 III. United States Case Study: League of Conservation Voters v. Trump. 240 IV. Canada Case Study: Clyde River (Hamlet) v. Petroleum Geo-Services. 242 V. United States Judicial... 2018
Jenny B. Davis Community Contribution 104-MAR ABA Journal 12 (March, 2018) THE CHALLENGES FACING LITIGANTS in Chief Judge Abby Abinanti's court are great: poverty, geographic isolation, addiction and a legacy of occupation and oppression. Yet there is hope. And success. Abinanti presides over the Yurok Tribal Court in Klamath, California, and her community-based, restorative approach to justice, along with initiatives she... 2018
Michalyn Steele Congressional Power and Sovereignty in Indian Affairs 2018 Utah Law Review 307 (2018) The doctrine of inherent tribal sovereignty--that tribes retain aboriginal sovereign governing power over people and territory--is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine,... 2018
Anne Perry Conquering Injustice: an Analysis of Sexual Violence in Indian Country and the Oliphant Gap in Tribal Jurisdiction 65-APR Federal Lawyer 52 (April, 2018) The prevalence of non-Indian crime on today's reservations . [has] little relevance to the principles which lead us to conclude that Indian tribes do not have inherent jurisdiction to try and to punish non-Indians. But this one--my father teased a particularly disgusting bit of sludge from the pile with the edge of his fork--this one is the one... 2018
Marina Brilman Consenting to Dispossession: the Problematic Heritage and Complex Future of Consultation and Consent of Indigenous Peoples 49 Columbia Human Rights Law Review Rev. 1 (Winter, 2018) C1-2Table of Contents Introduction. 2 I. Tracing the Heritage of the Concept of Consent. 8 A. Consultation and Consent as Concepts Preserving Problems. 8 B. Land Lying Waste: Cultivating Industriousness and Civilizing Savages. 10 C. Consenting to Dispossession: Paying the Price for Recognition. 13 II. Three Current Spaces of Debate. 15 A. The... 2018
Tarah Bailey Consultation with American Indian Tribes: Resolving Ambiguity and Inconsistency in Government-to-government Relations 29 Colorado Natural Resources, Energy & Environmental Law Review 195 (Winter, 2018) As the salmon disappear, so do our tribal cultures and treaty rights. We are at a crossroads and we are running out of time. -Billy Frank Jr. C1-2Table of Contents Introduction. 196 I. The Dakota Access Pipeline. 197 II. The Tribal Trust Doctrine. 202 III. Tribal Lawsuit and Concerns. 203 IV. History of the Great Sioux Nation. 207 V. Tribal... 2018
Michalyn Steele Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law 2018 Brigham Young University Law Review 1429 (2018) C1-2Contents I. Introduction. 1429 II. Professional Identity Formation and the Study of Federal Indian Law. 1433 A. Commitment to Others. 1436 B. The Basics of Good Judgment to Help Clients. 1440 C. Cross-Cultural Competency. 1442 III. Cultivating Resilience Through the Study of Federal Indian Law. 1445 IV. Conclusion. 1448 2018
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