AuthorTitleCitationSummaryYearKey Terms
Itay Ravid , Amit Haim PROGRESSIVE ALGORITHMS 12 UC Irvine Law Review 527 (February, 2022) Our criminal justice system is broken. Problems of mass incarceration, racial disparities, and susceptibility to error are prevalent in all phases of the criminal process. Recently, two dominant trends that aspire to tackle these fundamental problems have emerged in the criminal justice system: progressive prosecution--a model of prosecution... 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  
Peter Jacobs PROTESTS, THE PRESS, AND FIRST AMENDMENT RIGHTS BEFORE AND AFTER THE "FLOYD CASELAW" 24 University of Pennsylvania Journal of Constitutional Law 591 (April, 2022) CNN reporter Omar Jimenez was standing in the middle of an empty street, holding a microphone, wearing a press pass, and speaking directly into a professional-grade video camera when he was arrested by Minneapolis police officers. In footage of his arrest, presumably seen live by millions of households tuned in to CNN to watch coverage of the... 2022  
Chalana M. Scales-Ferguson, Esq. PUT SOME 'RESPEK' ON HER NAME: HOW RBG'S LEGACY CREATES SPACE FOR BLACK WOMEN IN THE PURSUIT OF EQUAL JUSTICE 43 Women's Rights Law Reporter 34 (Spring/Summer, 2022) With 2020 in our rearview mirrors, it is impossible to reflect on that year without remembering the many ways grief was experienced in American society, whether or not you felt the grief yourself. Just as we entered the second quarter of a year of presumed optimism, when many professed they would find clarity through 20/20 vision and find... 2022  
Daniel Rafferty QUALIFIED IMMUNITY: SCULPTING A STATUTE-ESQUE SOLUTION TO A JUDICIALLY CREATED POLICY 47 University of Dayton Law Review 105 (Winter, 2022) I. INTRODUCTION. 106 II. Background. 108 A. Origin of § 1983. 108 B. The Crossroads: Harlow v. Fitzgerald. 112 C. Qualified Immunity in the Wake of Harlow v. Fitzgerald. 113 III. Analysis. 116 A. 42 U.S.C. § 1983 Textual History from Enactment to Present. 116 B. 42 U.S.C. § 1983 Forecasted Evolution and Proposed Statutory Changes. 118 i. Ending... 2022  
Natè Simmons RACIAL CAPITALISM: COMPLEXITIES WITH ENFORCING CORPORATE COMMITMENTS TO END RACIAL INJUSTICE 55 UIC Law Review 519 (Fall, 2022) I. Introduction. 519 II. Background. 521 A. Corporate Pronouncements Committing to Diversity, Equity and Inclusion. 521 B. Colin Kaepernick's Protest for Racial Equality. 525 C. Corporate Gift Regulation. 528 D. Legislation on Diversifying Corporate Boards of Directors. 529 E. Tax Credits. 530 F. Racial Capitalism. 531 III. Analysis. 532 A.... 2022  
Allyson Crane RACIAL DISPARITIES IN MENTAL HEALTH TREATMENT: HOW INDIANA MISSES THE MARK IN PROVIDING ACCESSIBLE AND QUALITY TREATMENT AMIDST THE CORONAVIRUS PANDEMIC 19 Indiana Health Law Review 427 (2022) Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality... 2022  
Yuvraj Joshi RACIAL JUSTICE AND PEACE 110 Georgetown Law Journal 1325 (June, 2022) The United States recently saw the largest racial justice protests in its history. An estimated 15 to 26 million people took to the streets over the police killings of Breonna Taylor, Tony McDade, George Floyd, and countless other Black people. This Article explores how these protests and their chants of No Justice! No Peace! should lead us to... 2022  
Matthew J. Parlow RACIAL PROTEST AND RACIAL PROGRESS IN PROFESSIONAL SPORTS 31 Southern California Review of Law & Social Justice 239 (Spring, 2022) The summer of 2020 marked significant changes in society, as seen through worldwide protests and an accompanying movement to address social injustice and systemic racism in America. That movement was amplified by and within professional sports as players, teams, and leagues sought to contribute to the goals of anti-racism by working to build a more... 2022  
Lisa M. Fairfax RACIAL RHETORIC OR REALITY? CAUTIOUS OPTIMISM ON THE LINK BETWEEN CORPORATE #BLM SPEECH AND BEHAVIOR 2022 Columbia Business Law Review 118 (2022) The summer of 2022 marks the two-year anniversary of the dramatic rekindling of the #BlackLivesMatter movement because of the murders of George Floyd, Breonna Taylor and other unarmed Black people at the hands of police. The summer of 2020 saw cities in the United States and around the world erupt in protest, with calls to dismantle racist policies... 2022  
Lili Levi RACIALIZED, JUDAIZED, FEMINIZED: IDENTITY-BASED ATTACKS ON THE PRESS 20 First Amendment Law Review 147 (2022) The press is under a growing and dangerous form of attack through identity-based online harassment of journalists. Armies of online abusers are strategically using a variety of rhetorical tools (including references to lynching, the Holocaust, rape and dismemberment) to intimidate and silence non-white, non-male and non-Christian journalists. Such... 2022  
Maneka Sinha RADICALLY REIMAGINING FORENSIC EVIDENCE 73 Alabama Law Review 879 (2022) Introduction. 880 I. Abolition and Forensics in Context. 888 A. The Abolition Framework. 889 B. The Forensic System Today. 892 1. The Carceral Origins of Forensic Methods. 894 2. Carceral Culture in Forensics. 898 II. Forensic Science Reform Efforts. 904 A. Policy Reforms. 904 B. Legal Reforms. 908 1. The Change in Standards Governing Admissibility... 2022  
Nizan Geslevich Packin , Srinivas Nippani RANKING SEASON: COMBATING COMMERCIAL BANKS' SYSTEMIC DISCRIMINATION OF CONSUMERS 59 American Business Law Journal 123 (Spring, 2022) The recent disbursement of COVID-19 pandemic-related federal relief funds to businesses and individuals under the CARES Act exposed significant problems in the U.S. system of money and payments. U.S. banks' wealth maximization objectives clashed with the federal government's goals of diversity, equity, and inclusion (DEI). The discriminatory,... 2022  
Paul G. Rando RECONSTITUTING THE UNITED STATES: COULD AN ARTICLE V CONVENTION PREVENT THE NEXT JANUARY 6? 91 University of Cincinnati Law Review 562 (2022) [T]here is no place for violence in a democratic society dedicated to liberty under law .. What will finally unite Americans? A great crisis that leaves us no choice but to come together. During the year leading up to the 2020 presidential election, the United States was nearing a so-called plastic hour, a time when institutional inertia... 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  
Lloyd Hitoshi Mayer REGULATING CHARITABLE CROWDFUNDING 97 Indiana Law Journal 1375 (Spring, 2022) Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for hundreds of years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now... 2022  
David A. Hyman, Charles Silver REGULATING HEALTH CARE: PERSPECTIVES FROM GOVERNMENT FAILURE DURING THE COVID-19 PANDEMIC 71 DePaul Law Review 361 (Spring, 2022) Health care is beset with an array of market failures (e.g., informational asymmetries, externalities, monopolization, and public goods). In theory, government can intervene to fix these market failures, allowing scarce resources to be devoted to their highest use at the lowest possible cost with the fewest possible distortions - thereby promoting... 2022  
René Reyes RELIGIOUS LIBERTY, RACIAL JUSTICE, AND DISCRIMINATORY IMPACTS: WHY THE EQUAL PROTECTION CLAUSE SHOULD BE APPLIED AT LEAST AS STRICTLY AS THE FREE EXERCISE CLAUSE 55 Indiana Law Review 275 (2022) This Article offers a critical comparative analysis of the Supreme Court's jurisprudence under the Free Exercise Clause and the Equal Protection Clause. In a number of recent cases, the Court has shown increasing solicitude for the rights of religious objectors and has upheld claims for exemptions from various laws--even in the absence of an intent... 2022  
Chris Gottlieb REMEMBERING WHO FOSTER CARE IS FOR: PUBLIC ACCOMMODATION AND OTHER MISCONCEPTIONS AND MISSED OPPORTUNITIES IN FULTON v. CITY OF PHILADELPHIA 44 Cardozo Law Review 1 (October, 2022) The Supreme Court's opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case's role in the broader culture war between religious rights... 2022  
Peter H. Huang RESISTANCE IS NOT FUTILE: CHALLENGING AAPI HATE 28 William and Mary Journal of Race, Gender, and Social Justice 261 (Winter, 2022) This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate--defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect,... 2022  
Amanda Levendowski RESISTING FACE SURVEILLANCE WITH COPYRIGHT LAW 100 North Carolina Law Review 1015 (May, 2022) Face surveillance is animated by deep-rooted demographic and deployment biases that endanger marginalized communities and threaten the privacy of all. But current approaches have not prevented its adoption by law enforcement. Some companies have offered voluntary moratoria on selling the technology, leaving many others to fill in the gaps.... 2022  
Matthew Spencer RESTRUCTURING ALTERNATIVE DISPUTE RESOLUTION OPTIONS TO IMPROVE POLICE ACCOUNTABILITY 13 Alabama Civil Rights & Civil Liberties Law Review 145 (2021-2022) I. Introduction. 145 II. Existing Structures of Accountability in Policing. 149 A. Civil Rights Lawsuits under 42 U.S.C. § 1983. 149 B. Consent Decrees from the U.S. Department of Justice. 152 C. Police Arbitration. 159 III. Additional Concerns Surrounding Police Self-Regulation. 165 IV. Creative Alternative Solutions to Police Accountability. 169... 2022  
Nick Robinson RETHINKING THE CRIME OF RIOTING 107 Minnesota Law Review 77 (November, 2022) Introduction. 78 I. The Problem of Rioting. 85 A. The United States and Its Many Types of Riots. 85 B. The Challenge of the Riot. 89 C. The Weaponization of the Accusation of Rioting. 91 ii. The Development of the Crime of Rioting. 93 A. English Roots. 93 B. United States Evolution. 96 III. A Critique of Anti-Riot Legal Measures. 106 A.... 2022  
Adenike Tijani, Adelarin Yemi-Sofumade REVENUE AND TAXATION 39 Georgia State University Law Review 263 (Fall, 2022) Income Taxes: Amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, Relating to Income Taxes, so as to Enact the Law Enforcement Strategic Support Act (LESS Crime Act); Provide for Tax Credits for Certain Contributions Made by Taxpayers to Certain Local Law Enforcement Foundations; Provide for an Aggregate Annual Limit; Provide for... 2022  
Ayesha Bell Hardaway RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT 55 Connecticut Law Review 179 (December, 2022) Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... 2022  
Katherine Macfarlane SECTION 1983 DEALMAKING 97 Tulane Law Review 1 (November, 2022) Breonna Taylor was killed in her home during the botched execution of a no-knock warrant. However, any civil rights claims arising from her death would likely fail in court because of qualified immunity, which often shields officers from civil damages, and City of Los Angeles v. Lyons, which blocks reform that might be achieved through injunctive... 2022  
Chun Hin Jeffrey Tsoi SEIZING § 1983 AFTER YOUR PROTEST TODAY: FOURTH AMENDMENT AND PROTEST POLICING POST-TORRES 59 American Criminal Law Review Online 98 (Spring, 2022) On June 1, 2020, a group of demonstrators gathered in Lafayette Square in Washington D.C., right outside of the White House, to protest the brutal killings of George Floyd, Breonna Taylor, and numerous others throughout the United States. At approximately 6:30 pm, law enforcement officials started firing tear gas and other projectiles into the... 2022  
Beth Caldwell SHIFTING THE PARADIGM: AN ABOLITIONIST ANALYSIS OF THE RECENT JUVENILE JUSTICE "REVOLUTION" 23 Nevada Law Journal 115 (Fall, 2022) C1-2Table of Contents Introduction. 116 I. The Theoretical Roots of US Juvenile Justice Policy. 122 A. The Protectionist Approach. 124 1. Houses of Refuge and the Child-Saving Movement. 125 2. The Juvenile Court & Parens Patriae. 128 3. Emergence of Due Process Rights. 131 4. Current Manifestations of the Protectionist Approach. 132 a. Status... 2022  
Olalekan N. Sumonu SHOT IN THE STREETS, BURIED IN COURTS: AN ASSAULT ON PROTESTER RIGHTS 52 Seton Hall Law Review 1569 (2022) As a result of exasperated citizens' ongoing crusade against police-related killings, 2020 witnessed the eruption of protests and civil unrest throughout the country, leaving dried blood, empty tear gas canisters, demolished storefronts, and ultimately, a divided nation in its wake. Pictures and videos of devastated cities and businesses--as well... 2022  
Kathleen Giunta SLAYING THE SERPENTS: WHY ALTERNATIVE INTERVENTION IS NECESSARY TO PROTECT THOSE IN MENTAL HEALTH CRISIS FROM THE STATE-CREATED DANGER "SNAKE PIT" 30 Journal of Law & Policy 497 (2022) The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite... 2022  
Cesar M. Estrada SOCIAL MOVEMENT THEORY AND THE ROLE OF QUALIFIED IMMUNITY IN INCREASING POLITICAL VIOLENCE 36 Notre Dame Journal of Law, Ethics & Public Policy 347 (2022) On April 20, 2021, a Minneapolis jury returned a guilty verdict on three different homicide charges for former Minneapolis Police Officer Derek Chauvin for the murder of George Floyd in May 2020. George Floyd's murder, long down the list of police killings of Black Americans, was not unique in and of itself. In 2020 alone, 1,126 people were killed... 2022  
Akshaya Kamalnath SOCIAL MOVEMENTS, DIVERSITY, AND CORPORATE SHORT-TERMISM 23 Georgetown Journal of Gender and the Law 449 (Spring, 2022) Social movements like #MeToo and #BlackLivesMatter, powered by social media, have given rise to heightened corporate activism on social issues. They have also drawn attention to the importance of addressing diversity issues for the workforce rather than simply at the board or management level. This Article argues that the focus on such social... 2022  
Judge Leslie A. Gardner , Justin C. Van Orsdol SOLIDIFYING SUPREMACY CLAUSE IMMUNITY 30 William & Mary Bill of Rights Journal 567 (March, 2022) States have often taken different approaches to polarizing issues such as the legalization of marijuana, voting rights, and gun safety. Generally, the federal government has stayed out of the fray honoring the concept of the states as laboratories. That is, until recently. With increasing debate among political leaders and diverging viewpoints... 2022  
Katrina Lee SOLVING FOR LAW FIRM INCLUSION: THE NECESSITY OF LAWYER WELL-BEING 24 Vanderbilt Journal of Entertainment and Technology Law 323 (Winter, 2022) Chances are, in a room of one hundred law firm partners in the United States, at most, one Black woman would be present. Statistically, if there were a Black, Latinx, or Asian woman in that room, she would be the only one. Women of color make up only 3.79 percent of all partners, counting equity and nonequity partners. The percentage of Black women... 2022  
Blanche Bong Cook SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE 102 Boston University Law Review 1 (February, 2022) When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... 2022  
Katrina McCullough, INTER-AMERICAN UNIVERSITY OF PUERTO RICO SCHOOL OF LAW SPEAK NOW OR FOREVER HOLD YOUR PEACE: FREEDOM OF SPEECH UNDER THE FIRST AMENDMENT ADDRESSING THE GOVERNMENT'S SUPPRESSION OF AFRICAN AMERICANS' RIGHT TO PEACEFUL PROTESTING 15 Southern Journal of Policy and Justice 79 (Summer, 2022) Those who make peaceful revolution impossible, make violent revolution inevitable. John F. Kennedy To protest against injustice is the foundation of all our American democracy. Thurgood Marshall This paper will examine the history, development, and principles of Freedom of Speech expressed in the First Amendment. Additionally, this article will... 2022  
Marc Edelman SPORTS DIPLOMACY AT ITS TIPPING POINT: CAN NBA CHINA SURVIVE A CULTURE CLASH OVER FREE SPEECH NORMS? 53 Connecticut Law Review 913 (February, 2022) Since 2008, the Chinese government has been an active participant in the joint venture of NBA China--a business venture that has allowed the National Basketball Association (NBA) to host exhibition basketball games in the People's Republic of China (China), broadcast basketball games on Chinese television networks, and operate a... 2022  
Emily Behzadi STATUES OF FRAUD: CONFEDERATE MONUMENTS AS PUBLIC NUISANCES 18 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2022) The deaths of George Floyd, Breonna Taylor, and countless other African Americans have ignited a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the twenty-first century, racist and unrestrained police violence continues to plague American society. The unprecedented... 2022  
Akshaya Kamalnath STRENGTHENING BOARDS THROUGH DIVERSITY: A TWO-SIDED MARKET THAT CAN BE EFFECTIVELY SERVICED BY INTERMEDIARIES 40 Minnesota Journal of Law & Inequality 155 (Winter, 2022) The current focus on the monitoring role of the corporate board has come under much criticism. Independent directors play a significant role within this model. However, their ability to truly function independently has been rightly questioned in the last decade. Independent directors are impeded by two main problems: first, the lack of access to... 2022  
Devon W. Carbado STRICT SCRUTINY & THE BLACK BODY 69 UCLA Law Review 2 (March, 2022) When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... 2022  
Isaiah Strong SURVEILLANCE OF BLACK LIVES AS INJURY-IN-FACT 122 Columbia Law Review 1019 (May, 2022) Black communities have been surveilled by governmental institutions and law enforcement agencies throughout the history of the United States. Most recently, law enforcement has turned to monitoring social media, devoting an increasing number of resources and time to surveilling various social media platforms. Yet this rapid increase in law... 2022  
Carly Margolis TARGETING POLICE UNIONS, RETHINKING REFORM 46 New York University Review of Law and Social Change 224 (2022) Police unions are a powerful obstacle to reform and abolition movements alike. This article tracks the (re)emergence of a political strategy targeting police unions as a site of police reform and abolition amid the summer 2020 uprising. It takes Washington, D.C.'s Defund MPD (Metropolitan Police Department) movement as a case study on the... 2022  
Alberto Bernabe TEACHING AT THE INTERSECTION OF TORTS, RACE, AND GENDER 41 Quinnipiac Law Review 1 (2022) Introduction. 2 I. Planning, Goals, and Approach. 5 II. Determining the Value of the Injury in Torts Cases. 10 III. Battery and Intentional Infliction of Emotional Distress. 15 IV. Negligent Infliction of Emotional Distress. 19 V. Should the Standard of Care In Negligence Cases Take Into Account Gender or Race?. 21 VI. Prenatal Torts. 26 VII. Duty... 2022  
Steve Calandrillo , Nolan Kobuke Anderson TERRIFIED BY TECHNOLOGY: HOW SYSTEMIC BIAS DISTORTS U.S. LEGAL AND REGULATORY RESPONSES TO EMERGING TECHNOLOGY 2022 University of Illinois Law Review 597 (2022) Nothing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less. --Marie Curie Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic... 2022  
Franciska Coleman THE ANATOMY OF CANCEL CULTURE 2 Journal of Free Speech Law 205 (2022) In this paper, I undertake a qualitative exploration of how social regulation of speech works in practice on university campuses, and of the extent to which social regulation in practice affirms or undermines the stereotypes and caricatures that characterize the cancel-culture wars. I first summarize the two narratives that anchor public debates... 2022  
Brandon Hasbrouck THE ANTIRACIST CONSTITUTION 102 Boston University Law Review 87 (February, 2022) Our Constitution, as it is and as it has been interpreted by our courts, serves white supremacy. The twin projects of abolition and reconstruction remain incomplete, derailed first by openly hostile institutions, then by the subtler lie that a colorblind Constitution would bring about the end of racism. Yet, in its debut in Supreme Court... 2022  
Laura M. Padilla THE BLACK--WHITE PARADIGM'S CONTINUING ERASURE OF LATINAS: SEE WOMEN LAW DEANS OF COLOR 99 Denver Law Review 683 (Summer, 2022) The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other... 2022  
Anna Offit THE CHARACTER OF JURY EXCLUSION 106 Minnesota Law Review 2173 (May, 2022) In American jury trials, cause challenges and peremptory strikes can be used to excuse otherwise eligible jurors based on their previous encounters with, or experience-based impressions of, the criminal justice system. The legitimacy of this practice hinges on the view that these individuals cannot fairly and impartially serve as jurors. Yet this... 2022  
Nadia B. Ahmad THE CLIODYNAMICS OF MASS INCARCERATION, CLIMATE CHANGE, AND "CHAINS ON OUR FEET" 49 Fordham Urban Law Journal 371 (February, 2022) Introduction. 371 I. Cliodynamics and Complexity. 377 II. Sociolegal Patterns of Mass Incarceration in the United States. 384 A. Historical Prison Trends. 384 B. Preparedness of Legal Systems. 387 C. Global South Variations. 393 D. Rule of Law Initiatives as Importation of U.S. Carcerality Overseas. 393 III. Climate Change Resistance Movements. 396... 2022  
Alexis Hoag THE COLOR OF JUSTICE 120 Michigan Law Review 977 (April, 2022) Free Justice: a History of the Public Defender in Twentieth Century America. By Sara Mayeux. University of North Carolina Press. 2020. Pp. xi, 271. $26.95. Writing about history requires making certain decisions: when to start the account, what to include and exclude, which documents and artifacts to rely upon, and what questions to address. One... 2022  
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