AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Tehama Lopez Bunyasi BREATHING DIFFERENCE, SHARING EMPOWERMENT 32 Chicana/o-Latina/o Law Review 67 (2014) We celebrate Margaret E. Montoya's Máscaras, Trenzas, y Greñas as a canonical article in critical race theory because its deft interweaving and unbraiding of stories helps us consider the marginalizing assumptions of the legal world, the way normativity translates into authority, and the means by which the mainstream is disguised as unbiased. She... 2014 Yes
Sahar F. Aziz COERCIVE ASSIMILATIONISM: THE PERILS OF MUSLIM WOMEN'S IDENTITY PERFORMANCE IN THE WORKPLACE 20 Michigan Journal of Race and Law 1 (Fall, 2014) Should employees have the legal right to be themselves at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee's gender, race, or religion? And what if the basis for the employer's workplace rules and... 2014 Yes
Dan Subotnik CONTESTING A CONTESTATION OF TESTING: A REPLY TO RICHARD DELGADO 9 University of Massachusetts Law Review 296 (Spring, 2014) Dan Subotnik responds to Richard Delgado, Standardized Testing as Discrimination: A Reply to Dan Subotnik, 9 U. Mass. L. Rev. 98 (2014). I. INTRODUCTION. 298 II. TESTING AND PREPARATION. 299 III. TESTING AND SOCIETY. 302 Professor Richard Delgado is not only a founder of the critical race theory school but he is also among the most prolific and... 2014 Yes
Francisco Valdes CRITICAL RACE ACTION: QUEER LESSONS AND SEVEN LEGACIES FROM THE ONE AND ONLY PROFESSOR BELL 36 Western New England Law Review 109 (2014) I begin, as Professor Derrick Bell might have, with a short story based on personal experience related to social realities. When the Law and Society Association met in Pittsburgh during the early 2000s, I was asked to participate in an author-meets-reader session focused on the Professor's then-latest book, Ethical Ambition. After the session, we... 2014 Yes
I. Bennett Capers CRITICAL RACE THEORY AND CRIMINAL JUSTICE 12 Ohio State Journal of Criminal Law 1 (Fall, 2014) When the Ohio State Journal of Criminal Law invited me to guest edit a symposium issue, the answer was an easy one. For so many of us, this journal feels like home. Choosing a topic was an easy call as well. As it happened, I had recently been asked to write an encyclopedia entry on Critical Race Theory [[CRT] and criminal justice for the Oxford... 2014 Yes
Devon W. Carbado , Daria Roithmayr CRITICAL RACE THEORY MEETS SOCIAL SCIENCE 10 Annual Review of Law and Social Science 149 (2014) critical race theory, social science, critical social science, implicit bias Social science research offers critical race theory (CRT) scholars a useful methodology to advance core CRT claims. Among other things, social science can provide CRT with data and theoretical frameworks to support key empirical claims. Social psychology and sociology in... 2014 Yes
Jean Stefancic DISCERNING CRITICAL MOMENTS: LESSONS FROM THE LIFE OF DERRICK BELL TITLE 75 University of Pittsburgh Law Review 457 (Summer, 2014) Critical race theory seeks to explain the shifting tides of racial fortune. Most of the movement's scholarship concerns history writ large-changes in immigration policy affecting thousands, changes in media images and stereotypes, and alterations of Supreme Court doctrine with respect to proof of discrimination, for example. But it also teaches... 2014 Yes
  ELEMENTARY AND SECONDARY EDUCATION 43 Journal of Law and Education 559 (Fall, 2014) Cynthia Grant Bowman & Elizabeth Brundige, Sexism, Sexual Violence, Sexuality, and the Schooling of Girls in Africa: A Case Study from Lusaka Province, Zambia, 23 Tex. J. Women & L. 37 (2013). In this article, the author describes a study regarding 105 schoolgirls living in Zambia and the obstacles they faced because of their gender. The study... 2014 Yes
Noah Matthew Rich, Editor in Chief FOREWORD 6 Georgetown Journal of Law & Modern Critical Race Perspectives 137 (Fall, 2014) Although most modern laws in the United States are facially neutral, even the most mundane of policy decisions may have disproportionate racial implications. This Issue aims to explore policies in the United States and around the world, viewing them through a Critical Race Theory lens and revealing the racial effects-sometime subtle, sometimes... 2014 Yes
Cynthia Lee HONORING ANGELA HARRIS: A REVIEW OF "GENDER, VIOLENCE, RACE, AND CRIMINAL JUSTICE" 47 U.C. Davis Law Review 1037 (April, 2014) I would like to start by thanking Melissa Murray for inviting me to participate in this celebration of Angela Harris's work on September 27, 2013, at the University of California at Berkeley School of Law. Angela is one of the nation's leading critical race scholars, and is also recognized as one of the nation's preeminent feminist scholars. Her... 2014 Yes
Brandon Paradise HOW CRITICAL RACE THEORY MARGINALIZES THE AFRICAN AMERICAN CHRISTIAN TRADITION 20 Michigan Journal of Race and Law 117 (Fall, 2014) This Article offers the first comprehensive account of the marginalization of the African American Christian tradition in the movement of race and law scholarship known as critical race theory. While committed to grounding itself in the perspectives of communities of color, critical race theory has virtually ignored the significance of the fact... 2014 Yes
Jasmine B. Gonzales Rose INTRODUCTION 75 University of Pittsburgh Law Review 429 (Summer, 2014) Critical Race Theory is dead. This was the message the Editor-in-Chief of the University of Pittsburgh Law Review received when he approached an advisor about the prospect of commemorating the 75th volume of the Law Review by dedicating a symposium and printed issue in honor of esteemed alumnus, the-late Derrick A. Bell, Jr. (L.L.B. 1957). Moved... 2014 Yes
  INTRODUCTION BY THE EDITORS 112 Michigan Law Review First Impressions 56 (January, 2014) This Essay opens a Symposium honoring the contribution of Mari Matsuda to American legal scholarship. The first Asian American female to gain tenure at a U.S. law school, she helped establish a scholarly movement--critical race theory--that reshaped several academic disciplines. She also was the first to propose a new perspective--looking to the... 2014 Yes
Sudha Setty TARGETED KILLINGS AND THE INTEREST CONVERGENCE DILEMMA 36 Western New England Law Review 169 (2014) In the 1980s, Professor Derrick Bell posited a theory of interest convergence as part of his critical race theory work, arguing that the major strides forward in civil rights law and policy that benefited African Americans in the 1950s and 1960s only occurred because of the perceived benefits of those changes to white elites during that time. In... 2014 Yes
Richard Delgado THE TRAYVON MARTIN TRIAL - TWO COMMENTS AND AN OBSERVATION 47 John Marshall Law Review 1371 (Summer, 2014) I. Introduction: Doctrinal and Critical Analysis, Better Together Than Either Alone. 1371 A. Charging a less serious offense coupled with felony murder.. 1372 B. Jury Nullification. 1373 II. Conclusion. 1375 2014 Yes
Molly A. Schiffer WOMEN OF COLOR AND CRIME: A CRITICAL RACE THEORY PERSPECTIVE TO ADDRESS DISPARATE PROSECUTION 56 Arizona Law Review 1203 (2014) This Note seeks to acknowledge, explain, and offer a remedy to the problem of disparate prosecution of women of color. Women of color are disproportionately arrested and prosecuted for felonies around the country, and are overrepresented in the criminal justice system compared to their white women counterparts. Black and Native women are prosecuted... 2014 Yes
Kaaryn Gustafson DEGRADATION CEREMONIES AND THE CRIMINALIZATION OF LOW-INCOME WOMEN 3 UC Irvine Law Review 297 (May, 2013) This Article, a call for both empirical social scientists and critical race theorists to engage with each other in careful interpretive analysis, applies sociologist Harold Garfinkel's concept of ceremonial degradation to policies, practices, and proposals targeting low-income women of color in the United States. This Article offers several... 2013 Yes
Brandon L. Greene DEPRAVED NECESSITIES: PRISON PRIVATIZATION, EDUCATIONAL ATTAINMENT AND THE PATH TO PROFIT 7 Southern Region Black Law Students Association Law Journal 49 (Spring 2013) The prison industrial complex (PIC) generally, and the private prison industry (PPI) specifically, have a vested interest in keeping educational attainment at status quo levels. Critical race theory will be used as the framework to connect the economic and social strands that lead a child from an underperforming school to an overstretched criminal... 2013 Yes
Kevin R. Johnson DERRICK BELL AND THE EMERGENCE OF LATCRIT THEORY 36 Seattle University Law Review xxix (Spring, 2013) As no doubt many of the contributions to this memorial issue attest, Professor Derrick Bell no less than blazed the trail for generations of minority scholars to write about race and civil rights in original, dynamic, and nothing less than cutting edge ways. As we all know, he was a founder of Critical Race Theory, and authored path-breaking race... 2013 Yes
Meera E. Deo DOROTHY H. EVENSEN AND CARLA D. PRATT, THE END OF THE PIPELINE: A JOURNEY OF RECOGNITION FOR AFRICAN AMERICANS ENTERING THE LEGAL PROFESSION. DURHAM: CAROLINA ACADEMIC PRESS, 2012, PP. 344, $40.00 62 Journal of Legal Education 640 (May, 2013) Most authors facing the daunting challenge of publishing a book focus solely on making a valuable contribution to their field. With The End of the Pipeline: A Journey of Recognition for African Americans Entering the Legal Profession, Dorothy H. Evensen and Carla D. Pratt not only offer a substantial addition to the literature in multiple fields,... 2013 Yes
Ofrit Liviatan FROM ABORTION TO ISLAM: THE CHANGING FUNCTION OF LAW IN EUROPE'S CULTURAL DEBATES 36 Fordham International Law Journal 93 (January, 2013) INTRODUCTION. 93 I. REGULATION OF ISLAM-BASED PRACTICES. 96 II. ABORTION REFORMS ACROSS WESTERN EUROPE. 112 III. COMPARING LAW'S SOCIAL ROLE IN WESTERN-EUROPEAN CULTURAL DEBATES. 125 CONCLUSION. 132 2013 Yes
Adele M. Morrison IT'S [NOT] A BLACK THING: THE BLACK/GAY SPLIT OVER SAME-SEX MARRIAGE--A CRITICAL [RACE] PERSPECTIVE 22 Tulane Journal of Law & Sexuality 1 (2013) I. Introduction. 2 II. The Black/Gay Split. 11 A. Identified. 12 B. Located. 13 III. Civil (Marriage) Rights: Divisions over . . .. 15 A. Immutability. 18 B. Civil Rights . 22 C. The Meaning(s) and Purpose(s) of Marriage. 23 1. Religious Arguments. 26 2. Secular Arguments. 28 IV. The Split: A Critical Race Theory Perspective. 32 A. (Dis)Interest... 2013 Yes
Mia-Carré B. Long OF MICE AND MEN, FAIRY TALES, AND LEGENDS: A REACTIONARY ETHICAL PROPOSAL TO STORYTELLING AND THE BRISEÑO FACTORS 26 Georgetown Journal of Legal Ethics 859 (Fall, 2013) In reviewing Texas' adherence to the Briseño factors--non-scientific standards inspired by the character Lennie in Of Mice and Men and not by actual science or clinical protocol --it is evident that the use of storytelling can have a result that even Critical Race theorists would not desire. Critical Race theorists have traditionally been against... 2013 Yes
Melina Angelos Healey THE SCHOOL-TO-PRISON PIPELINE TRAGEDY ON MONTANA'S AMERICAN INDIAN RESERVATIONS 37 New York University Review of Law and Social Change 671 (2013) I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the... 2013 Yes
Patricia Williams TRIBUTE TO DERRICK BELL 69 New York University Annual Survey of American Law 7 (2013) Thank you, it's a tremendous pleasure to be here. John said that he thought he would not be here if it hadn't been for Derrick Bell and I know very, very well that I would not be here if it hadn't been for Derrick Bell, there is absolutely no question. And to the degree I'm associated with critical race theory, even though my basics subjects are... 2013 Yes
Lolita Buckner Inniss "OTHER SPACES" IN LEGAL PEDAGOGY 28 Harvard Journal on Racial & Ethnic Justice 67 (Spring 2012) There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the critical program in law and how CRT grows out of it. The essay then suggests that the... 2012 Yes
Anthony Paul Farley A DEDICATION 1 Columbia Journal of Race and Law 511 (July, 2012) This symposium of the Columbia Journal of Law & Race, Critical Race Theory & Marxism, is dedicated to Keith Aoki, 1955-2011. Keith died an hour after I arrived at his home in Davis, California. One hour and he was gone: My lord, what a morning My lord what a morning My lord, what a morning When the stars begin to fall. Keith fought well on many... 2012 Yes
Beth Caldwell ADDRESSING INTERSECTIONALITY IN THE LIVES OF WOMEN IN POVERTY: INCORPORATING CORE COMPONENTS OF A SOCIAL WORK PROGRAM INTO LEGAL EDUCATION 20 American University Journal of Gender, Social Policy and the Law 823 (2012) Introduction. 823 I. Legal Critiques. 825 A. Serving Two Masters . 826 B. False Empathy. 827 C. Unconscious Bias/Racism. 828 D. Need for Additional Training in Professional Skills and Ethics. 830 II. Lessons from Social Work Education. 831 A. Social Work Values. 832 B. A Critical Race Theory Paradigm of Education. 835 C. Empathy and Empathic... 2012 Yes
Gianfrancesco Zanetti ASTROLOGY AND RACE: ASPECTS OF EQUALITY AFTER CRITICAL RACE THEORY 2 Columbia Journal of Race and Law 267 (2012) Historically, Critical Race Theory (CRT) has been neglected in European legal scholarship. CRT approaches promise to be a useful avenue for European jurisprudence, however, as European nations rapidly become more multiracial. The focus of this Article is on the theoretical value that radiates from some Critical Race Theory lines of thought, written... 2012 Yes
Francisco Valdes COMING UP: NEW FOUNDATIONS IN LATCRIT THEORY, COMMUNITY, AND PRAXIS 48 California Western Law Review 505 (Spring 2012) Introduction. 506 I. Self-Criticality at Work: Beginnings, Conclusions, Actions, and Challenges. 511 A. Roots, Origins, and Foundations: From Realism to Critical Race Theory, LatCrit Theory, and Critical Outsider Jurisprudence. 513 B. Self-Study and Strategic Planning: 2008-2011. 523 II. Living Justice: The LatCrit Community Campus as Personal... 2012 Yes
Angela P. Harris COMPASSION AND CRITIQUE 1 Columbia Journal of Race and Law 326 (July, 2012) Perhaps with the experience of caring. Caring happens in the body and in the moment: a quick squirt of oxytocin, a firing of mirror neurons, the sudden perception of a link between the so-called self and the so-called other. Caring is unpredictable and unwilled, a reaction, an eruption along the shifting surfaces between you and not-you, suddenly... 2012 Yes
André Douglas Pond Cummings DERRICK BELL: GODFATHER PROVOCATEUR 28 Harvard Journal on Racial & Ethnic Justice 51 (Spring 2012) Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011. Professor Bell was 80 years old. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring... 2012 Yes
Stephen M. Feldman DO THE RIGHT THING: UNDERSTANDING THE INTEREST-CONVERGENCE THESIS 106 Northwestern University Law Review Colloquy 248 (March 1, 2012) Professor Derrick Bell was one of the most influential constitutional scholars of the last fifty years. He helped create a genre of legal scholarship-- critical race theory--and pioneered storytelling as a scholarly method. His insights spurred civil rights scholars as well as thinkers in other fields. One of his most important legacies--he died on... 2012 Yes
James R. Beattie, Jr., Capital University FRANCIS J. MOOTZ III (ED.). ON PHILOSOPHY IN AMERICAN LAW. NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2009. 332 PP. $85.00 (CLOTH) 52 American Journal of Legal History 419 (July, 2012) The most fascinating, and frustrating, feature of Professor Mootz's On Philosophy in American Law is his choice to employ a curious editorial device to diagnose the ongoing role, if any, of philosophy in American law. A commentary in the volume explains the device (p. 285) as follows: Ask a large number of talented and wide-ranging legal thinkers... 2012 Yes
Kim D. Chanbonpin LEGAL WRITING, THE REMIX: PLAGIARISM AND HIP HOP ETHICS 63 Mercer Law Review 597 (Winter 2012) I begin this Article with a necessary caveat. Although I place hip hop music and culture at the center of my discussion about plagiarism and legal writing pedagogy, and my aim here is to uncover ways in which hip hop can be used as a teaching tool, I cannot claim to be a hip hop head. A hip hop head is a devotee of the music, an acolyte of its... 2012 Yes
Atiba R. Ellis POLLEY V. RATCLIFF: A NEW WAY TO ADDRESS AN ORIGINAL SIN? 115 West Virginia Law Review 777 (Winter 2012) I. Introduction. 777 II. Polley v. Ratcliff: Then and Now. 782 A. The Nineteenth Century Polley Litigation. 782 B. The Twenty-First Century Polley Trial. 787 III. Modern Narratives About Race and Slavery: Post-Racialism, Race-Consciousness, and Reparations. 789 A. Post-Racialism and the Discontinued Relevance of Slavery. 793 B. Critical Race Theory... 2012 Yes
Gil Gott RACE, RIGHTS AND RETERRITORIALIZATION 1 Columbia Journal of Race and Law 302 (July, 2012) Critical race and neo-Marxist perspectives treat rights or rights discourse with a somewhat similar and complex ambivalence, but with distinctly different weightings and emphases in how they theorize rights functioning within systems of liberal democracy and racialized capitalism. On the one hand, both approaches identify a subject formation... 2012 Yes
Franita Tolson REINVENTING SOVEREIGNTY?: FEDERALISM AS A CONSTRAINT ON THE VOTING RIGHTS ACT 65 Vanderbilt Law Review 1195 (May, 2012) The framers of the U.S. Constitution wrote the Elections Clause to address concerns that the states would fail to call congressional elections and weaken the already fragile new government. The Clause is a delegation of sovereignty from the states to the federal government because, although states select the time, place, and manner of elections,... 2012 Yes
Hari M. Osofsky THE GEOGRAPHY OF "MOO HA HA": A TRIBUTE TO KEITH AOKI'S ROLE IN DEVELOPING CRITICAL LEGAL GEOGRAPHY 90 Oregon Law Review 1233 (2012) I. Geography and Moo Ha Ha . 1236 A. Defining Moo Ha Ha . 1236 B. Defining Critical Geography. 1237 C. Moo Ha Ha and the Barriers to Critical Legal Geography. 1241 II. Keith Aoki's Interweaving of Critical Geography, Critical Race Theory, Third World Approaches to International Law, Postmodernism, and Globalization (Space, Place, Scale, Law,... 2012 Yes
Dean Spade THE ONLY WAY TO END RACIALIZED GENDER VIOLENCE IN PRISONS IS TO END PRISONS: A RESPONSE TO RUSSELL ROBINSON'S "MASCULINITY AS PRISON" 3 California Law Review Circuit 182 (December, 2012) In Masculinity As Prison: Sexual Identity, Race, and Incarceration, Professor Russell Robinson explores the creation of the K6G unit of the Los Angeles County Jail. Robinson describes how this unit, designed to protect prisoners who may be targets because of their non-normative gender and/or sexual orientation, operates as a site for the... 2012 Yes
George Lipsitz "CONSTITUTED BY A SERIES OF CONTESTATIONS": CRITICAL RACE THEORY AS A SOCIAL MOVEMENT 43 Connecticut Law Review 1459 (July, 2011) The ideas, insights, and analyses that define the Critical Race Theory (CRT) project have made critical contributions to scholarship in law and many other disciplines. Yet CRT has never been merely a project of intellectual engagement and argument. The movement emerged from and contributed to the Black freedom struggle of the twentieth century. It... 2011 Yes
Glenn Adams , Phia S. Salter A CRITICAL RACE PSYCHOLOGY IS NOT YET BORN 43 Connecticut Law Review 1355 (July, 2011) Critical Race Theory (CRT) challenges scholars to reveal and dismantle disciplinary conventions that constitute racial power. In this Article, we take up this challenge and consider the potential for a Critical Race Psychology. Although CRT-compatible work has drawn upon psychological scientific research to challenge disciplinary conventions in... 2011 Yes
Kellye Y. Testy BEST PRACTICES FOR HIRING AND RETAINING A DIVERSE LAW FACULTY 96 Iowa Law Review 1707 (July, 2011) I. Commitment. 1710 II. Action. 1711 III. The Faculty Search and Hiring Process. 1712 IV. Retaining Faculty of Color. 1714 V. Accountability. 1716 2011 Yes
Luke Charles Harris BEYOND THE BEST BLACK: THE MAKING OF A CRITICAL RACE THEORIST AT YALE LAW SCHOOL 43 Connecticut Law Review 1379 (July, 2011) In Kimberle Williams Crenshaw's lead article in this Commentary Issue she contends that critical insights on race often develop out of institutional struggles over the terms upon which racial politics are engaged and normalized. My pathway to Critical Race Theory (CRT) confirms this idea. Thus, this comment traces the making of a critical race... 2011 Yes
Francisco Valdes , Sumi Cho CRITICAL RACE MATERIALISM: THEORIZING JUSTICE IN THE WAKE OF GLOBAL NEOLIBERALISM 43 Connecticut Law Review 1513 (July, 2011) Critical Race Theory's (CRT's) first two decades produced a rich and diverse literature deconstructing law and society using a racial lens. CRT's emergence and rise occurred at a moment in history where the U.S. was still the uncontested unipolar superpower whose privileged elites enjoyed unprecedented prosperity and status. Despite its dominant... 2011 Yes
Tukufu Zuberi CRITICAL RACE THEORY OF SOCIETY 43 Connecticut Law Review 1573 (July, 2011) Kimberle Williams Crenshaw's Twenty Years of Critical Race Theory: Looking Back To Move Forward calls for a broader definition of CRT and for the next phase of this movement to embrace scholars from a multitude of disciplines. The tradition of critical theories of race in the social sciences is intimately related to the CRT Movement developed in... 2011 Yes
Devon W. Carbado CRITICAL WHAT WHAT? 43 Connecticut Law Review 1593 (July, 2011) More than twenty years after the establishment of Critical Race Theory (CRT) as a self-consciously defined intellectual movement, defining oneself as a Critical Race Theorist can still engender the question: critical what what? When asked, the inquiry is not just about the appellation, though this is certainly part of what engenders the question.... 2011 Yes
David M. Trubek FOUNDATIONAL EVENTS, FOUNDATIONAL MYTHS, AND THE CREATION OF CRITICAL RACE THEORY, OR HOW TO GET ALONG WITH A LITTLE HELP FROM YOUR FRIENDS 43 Connecticut Law Review 1503 (July, 2011) In this Essay, David Trubek looks back from the viewpoint of a participant and observer at the events that led to the founding of Critical Race Theory. He notes that the formation of CRT was stimulated by resistance to demands for a black perspective at the Harvard Law School, facilitated both by CLS and the University of Wisconsin Law School, and... 2011 Yes
Gary Peller HISTORY, IDENTITY, AND ALIENATION 43 Connecticut Law Review 1479 (July, 2011) This Commentary Article sets forth a grid for distinguishing between approaches to racial justice by differentiating between liberal and critical approaches in general, and between integrationist and nationalist stances regarding race in particular. The Article then utilizes the grid to contend that Kimberle Crenshaw and others on the left wing of... 2011 Yes
Gloria Ladson-Billings RACE . . . TO THE TOP, AGAIN: COMMENTS ON THE GENEALOGY OF CRITICAL RACE THEORY 43 Connecticut Law Review 1439 (July, 2011) Critical Race Theory (CRT) has made inroads into a variety of fields beyond law. Education is an area that fostered critical race theory scholarship for more than fifteen years. In this Commentary Article the author describes critical race theory's development in education and documents pivotal incidences that both challenged and propelled the... 2011 Yes
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