AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Judith E. Koons FAIR HOUSING AND COMMUNITY EMPOWERMENT: WHERE THE ROOF MEETS REDEMPTION 4 Georgetown Journal on Fighting Poverty 75 (Fall, 1996) Litigation as a Tool and Site of Empowerment in Preserving a Historic African-American Community from Municipal Destruction I. Introduction. 77 A. Miss Olivia's Dream. 77 B. The Struggle for Civil Rights. 78 1. From Canaan to Cocoa. 78 2. The Enduring Problem of the Color-Line. 79 3. Law as Tool and Terrain of Spiritual Change. 79 C. Overview of... 1996  
Frank H. Wu FROM BLACK TO WHITE AND BACK AGAIN 3 Asian Law Journal 185 (May, 1996) Ian Fidencio Haney Lopez has written a great book. White By Law: The Legal Construction of Race deserves the highest praise that his colleagues in the academy can give a scholarly study: sympathetic readers and reviewers may be prompted to say, I wish I'd written that. Haney Lopez's book is perhaps one of the finest works yet produced by the... 1996  
Robert R.M. Verchick IN A GREENER VOICE: FEMINIST THEORY AND ENVIRONMENTAL JUSTICE 19 Harvard Women's Law Journal 23 (Spring, 1996) The sequence of women's moral judgment proceeds from an initial concern with survival to a focus on goodness and finally to a reflective understanding of care as the most adequate guide to the resolution of conflicts in human relationships. Carol Gilligan Now you have touched the women, you have struck a rock. Song by women organizers protesting... 1996  
Jean Stefancic , Fred R. Shapiro INTRODUCTION 71 Chicago-Kent Law Review 743 (1996) As readers of this Symposium know, the last few years have seen a veritable ferment over the politics, form, and direction of legal scholarship and publishing. Eminent judges complain that what they find in the law reviews is largely irrelevant to their work. Critics charge that the prevailing mode of scholarship is too normative--empty,... 1996  
Michael J. Saks, , Howard Larsen, , And Carol J. Hodne IS THERE A GROWING GAP AMONG LAW, LAW PRACTICE, AND LEGAL SCHOLARSHIP?: A SYSTEMATIC COMPARISON OF LAW REVIEW ARTICLES ONE GENERATION APART 30 Suffolk University Law Review 353 (1996) The mathematician G.H. Hardy, a pioneer in number theory, once wrote with some pride that his work was entirely impractical and that he doubted it would ever be put to use. Years later, his work would prove essential to the theory and development of modern cryptography, an eminently practical branch of study. Tension between theoretical and... 1996  
Deborah J. Merritt , Melanie Putnam JUDGES AND SCHOLARS: DO COURTS AND SCHOLARLY JOURNALS CITE THE SAME LAW REVIEW ARTICLES? 71 Chicago-Kent Law Review 871 (1996) Fred Shapiro's updated compilation of The Most-Cited Law Review Articles demonstrates that legal scholarship commands respect--or at least high citation rates--among other legal scholars. An attention-getting article will attract hundreds of academic citations during its lifetime. Indeed, the most-cited articles may garnish the footnotes of close... 1996  
Peter Halewood LAW'S BODIES: DISEMBODIMENT AND THE STRUCTURE OF LIBERAL PROPERTY RIGHTS 81 Iowa Law Review 1331 (July 1, 1996) I. Introduction: Personhood, Property Rights, and Commodification of the Body. 1332 II. Problems Confronting Liberal Legal Theories of Personhood and Property Rights. 1342 A. Liberal Legalism and the Body. 1342 B. Liberal Legal Formalism and Normativity. 1346 III. Origins of Liberal Legalism's Commitment to the Disembodied Self: Kant on the... 1996  
Steven P. Croley LIBERTARIANISM AS CRITICAL THEORY 1 Michigan Law & Policy Review 179 (1996) This short Essay responds to what I take to be a common species of libertarianism. Part I argues that because this species of libertarianism cannot withstand close scrutiny, it warrants rejection both as an account of how American political institutions work and as a normative framework for answering public-policy questions concerning the proper... 1996  
Thomas C. Grey MODERN AMERICAN LEGAL THOUGHT 106 Yale Law Journal 493 (November, 1996) The development of legal thought in America since the Civil War makes a natural subject for study. It makes a good story, too, for readers who are interested in law and who enjoy the interplay of ideas with events. Now, thanks to the English legal historian Neil Duxbury, we have the first book-length version of the story. It is told very well... 1996  
Stephanie Farrior MOLDING THE MATRIX: THE HISTORICAL AND THEORETICAL FOUNDATIONS OF INTERNATIONAL LAW CONCERNING HATE SPEECH 14 Berkeley Journal of International Law 1 (1996) I. Introduction. 3 II. Universal Declaration of Human Rights. 11 A. The Equal Protection Clause as Limiting Freedom of Expression . 14 B. Debate in the Third Committee. 18 C. Prohibiting Use of These Rights to Destroy Others' Rights. 19 III. International Covenant on Civil and Political Rights. 21 A. Earliest Drafts of Article 19. 21 B. Protection... 1996  
Joseph William Singer NO RIGHT TO EXCLUDE: PUBLIC ACCOMMODATIONS AND PRIVATE PROPERTY 90 Northwestern University Law Review 1283 (Summer 1996) I. The Puzzling Gap in Public Accommodations Law. 1286 A. Why Retail Stores May Not Be Public Accommodations. 1286 B. What is Surprising About the Common-Law Rule. 1291 C. Outline of the Argument. 1298 II. The Hidden History of The Duty to Serve. 1303 A. The Antebellum Period and Preclassical Legal Thought. 1303 1. The Scope of Public... 1996  
Rebecca R. French OF NARRATIVE IN LAW AND ANTHROPOLOGY 30 Law and Society Review 417 (1996) Martha Minow, Michael Ryan, & Austin Sarat, eds., Narrative, Violence, and the Law; The Essays of Robert Cover. Ann Arbor: University of Michigan Press, 1993.312 pp. $44.50 cloth; $18.95 paper. Robin West, Narrative, Authority, and Law. Ann Arbor: University of Michigan Press, 1993. 456 pp. $49.50. Lila Abu-Lughod, Writing Women's Worlds: Bedouin... 1996  
Linda S. Bosniak OPPOSING PROP. 187: UNDOCUMENTED IMMIGRANTS AND THE NATIONAL IMAGINATION 28 Connecticut Law Review 555 (Spring, 1996) Political imagination is, almost always, national imagination. Among the many bruising battles engendered by the recent immigration wars in this country, the battle over California's Proposition 187 has touched an exceptionally deep nerve. Approved by the state's voters in 1994, this anti-illegal alien initiative willif the courts uphold... 1996  
Jean Stefancic , Richard Delgado OUTSIDER SCHOLARS: THE EARLY STORIES 71 Chicago-Kent Law Review 1001 (1996) The two signature articles in this Symposium, surveys by Fred Shapiro and James Lindgren, show outsider scholars making significant progress in the world of law review publishing. Lindgren's survey shows minorities, women, and critical scholars distributed throughout his list of most productive scholars, appearing at or near the proportion their... 1996  
William N. Eskridge, Jr. OUTSIDER-INSIDERS: THE ACADEMY OF THE CLOSET 71 Chicago-Kent Law Review 977 (1996) Women and people of color teach in unprecedented and increasing numbers in American law schools. Fred Shapiro's survey demonstrates that these law teachers are publishing influential (much-cited) articles in the leading law reviews. Throughout this Symposium, the question is posed: Are these former outsiders now academic insiders? If that is too... 1996  
Reginald Leamon Robinson RACE, MYTH AND NARRATIVE IN THE SOCIAL CONSTRUCTION OF THE BLACK SELF 40 Howard Law Journal 1 (Fall 1996) I. Introduction. 3 II. What's In A Voice of Color?: Experiences By Any Other Name Would Still Be Oppression. 21 A. Voice of Color: Experience of the Institutionally Silenced, Socially Marginalized, and Legally Oppressed. 21 B. Critiquing the Voice of Color and Narrative Methodology. 48 III. Race, Myth, and Narrative in the Origins of Traditional... 1996  
Ibrahim J. Gassama REAFFIRMING FAITH IN THE DIGNITY OF EACH HUMAN BEING: THE UNITED NATIONS, NGOS, AND APARTHEID 19 Fordham International Law Journal 1464 (April, 1996) C1-3CONTENTS Introduction . 1465 I. The United Nations Against Apartheid 1946 - 90: A Human Rights History . 1471 A. Establishing U.N. Competence to Intervene in Support of Human Rights: The General Assembly Considers Apartheid 1946 - 60 . 1472 B. From Rhetoric to Sanctions: The General Assembly Confronts the Security Council 1961-79 . 1480 1.The... 1996  
Richard Delgado RODRIGO'S ELEVENTH CHRONICLE: EMPATHY AND FALSE EMPATHY 84 California Law Review 61 (January, 1996) I was sitting in my darkened office one afternoon, thinking about life. To tell the truth, I was missing Rodrigo. Not long ago, I had consigned him to the Great Beyond. But now, I was flooded with regret and sadness. I missed his brashness, his insouciant originality. Odd, I had not thought of myself as sentimental. How could I have allowed him to... 1996  
Michelle Adams SEPARATE AND [UN]EQUAL: HOUSING CHOICE, MOBILITY, AND EQUALIZATION IN THE FEDERALLY SUBSIDIZED HOUSING PROGRAM 71 Tulane Law Review 413 (December, 1996) The history of racial discrimination and inequality in the federally subsidized housing program is extensive and well-documented. For a number of years, commentators have sought to identify types of systemic housing discrimination and determine appropriate remedies for it. Advocates of two commonly discussed methods of remediation--spatial equality... 1996  
Wendy Anton Fitzgerald STORIES OF CHILD OUTLAWS: ON CHILD HEROISM AND ADULT POWER IN JUVENILE JUSTICE 1996 Wisconsin Law Review 495 (1996) I. Introduction. 495 II. Legal Storytelling Methodology: Imperatives and Reservations. 501 A. The Justice of Empowering Children. 501 B. Problems with Sharing Power. 502 III. Nathan McCall's Story. 506 A. Rebellion: Racial and Generational. 506 B. Empty Options. 510 C. Preliminary Conclusions. 514 IV. Female Child Outlaws. 518 A. Terri's Story. 519... 1996  
Jean R. Sternlight SYMBIOTIC LEGAL THEORY AND LEGAL PRACTICE: ADVOCATING A COMMON SENSE JURISPRUDENCE OF LAW AND PRACTICAL APPLICATIONS 50 University of Miami Law Review 707 (July, 1996) I. Introduction . 708 II.Setting the Context . 716 A. Defining Theory and Practice . 716 B. A Brief Historical Summary of Legal Education in the United States . 719 III. Current Attacks on Legal Academia and Legal Theory . 726 A. Attacks on Legal Teaching . 727 B. Attacks on Legal Scholarship . 733 IV. In Defense of Theory . 736 A. Use of Legal... 1996  
Leti Volpp TALKING "CULTURE": GENDER, RACE, NATION, AND THE POLITICS OF MULTICULTURALISM 96 Columbia Law Review 1573 (October, 1996) The risks of talking culture are immense. The recent publication of an article by Doriane Lambelet Coleman, Individualizing Justice Through Multiculturalism: The Liberals' Dilemma, in the Columbia Law Review, raises significant questions concerning legal scholarship on the subjects of culture, gender, race, and multiculturalism. Legal academia... 1996  
Jerome McCristal Culp, Jr. TELLING A BLACK LEGAL STORY: PRIVILEGE, AUTHENTICITY, "BLUNDERS," AND TRANSFORMATION IN OUTSIDER NARRATIVES 82 Virginia Law Review 69 (February, 1996) One of the methods that I and a number of other legal scholars have used to question the status quo in law and society is to tell stories from our autobiographies or those of our communities. Autobiography plays a valuable role in our scholarship and in our teaching. This was the central point that I developed in Autobiography and Legal Scholarship... 1996  
Steven G. Gey THE CASE AGAINST POSTMODERN CENSORSHIP THEORY 145 University of Pennsylvania Law Review 193 (December, 1996) It is an unfortunate sign of our ambiguous times that the First Amendment's free speech protection no longer commands universal support among progressive constitutional scholars and legal activists. The political and legal circles that only a decade ago could be counted upon to defend First Amendment values are now increasingly willing to qualify... 1996  
Richard Delgado THE COLONIAL SCHOLAR: DO OUTSIDER AUTHORS REPLICATE THE CITATION PRACTICES OF THE INSIDERS, BUT IN REVERSE? 71 Chicago-Kent Law Review 969 (1996) In two previous articles, I analyzed the citation practices of mainstream scholars writing in the areas of civil rights and equality. In The Imperial Scholar: Reflections on a Review of Civil Rights Literature, I showed that the major figures who were writing during the heyday of the Civil Rights Movement marginalized and ignored the writings of... 1996  
Joseph Erasto Jaramillo THE COMMUNITY-BUILDING PROJECT: RACIAL JUSTICE THROUGH CLASS SOLIDARITY WITHIN COMMUNITIES OF COLOR 9 La Raza Law Journal 195 (1996) As people of color continue to face racial and socioeconomic subordination in this country, one wonders when, if ever, the elusive quest for racial justice' will end. Intellectuals dedicated to the pursuit of racial justice have focused their work on unmasking the operation of racism and white privilege and recognizing the perspectives of the... 1996  
Frank M. McClellan THE DARK SIDE OF TORT REFORM: SEARCHING FOR RACIAL JUSTICE 48 Rutgers Law Review 761 (Spring, 1996) [W]e were concerned about the effect of having black people come to an area where there are not many black people and expecting to get justice from a jury which is mostly white people. We decided to confront this issue and we asked you the questions this morning, and we were really pleased with the responses that we got and we think that this is an... 1996  
Teresa Bruce THE EMPATHY PRINCIPLE 6 Law and Sexuality: A Review of Lesbian & Gay Legal Issues 109 (1996) I. Introduction. 109 II. Empathy in Constitutional Adjudication. 111 A. Using Empathy to Guide the Adjudicative Process. 111 B. Using Empathy to Identify Values. 112 III. Empathy and Existing Traditions. 114 A. John Stuart Mill and the Foundations of Liberal Theory. 114 B. C. Edwin Baker, Steven H. Shiffrin, and the First Amendment. 115 C.... 1996  
Jean Stefancic THE LAW REVIEW SYMPOSIUM: A HARD PARTY TO CRASH FOR CRITS, FEMINISTS, AND OTHER OUTSIDERS 71 Chicago-Kent Law Review 989 (1996) In a symposium on legal scholarship in the spring of 1992, I published what appears to be the only--or at least the main--article in the legal literature about symposium publishing. In The Law Review Symposium Issue: Community of Meaning or Re-Inscription of Hierarchy? I examined the increase of symposium issues and offered some theories on what... 1996  
Fred R. Shapiro THE MOST-CITED LAW REVIEW ARTICLES REVISITED 71 Chicago-Kent Law Review 751 (1996) This Article presents two lists updating my previous study of The Most-Cited Law Review Articles, published in the California Law Review in 1985. The first list sets forth the one hundred most-cited legal articles of all time, that is, most often cited within other articles. This list is more comprehensive than the original study because it has no... 1996  
Edward L. Rubin THE NEW LEGAL PROCESS, THE SYNTHESIS OF DISCOURSE, AND THE MICROANALYSIS OF INSTITUTIONS 109 Harvard Law Review 1393 (April, 1996) The conceptual disarray of legal scholarship has become so familiar to us that we have ceased to regret it. Any suggestion that some new synthesis -- or worse still, paradigm -- is imminent would generally be regarded as naive. Nonetheless, a survey of current legal scholarship and of developments in related fields suggests that a new approach,... 1996  
Christo Lassiter THE NEW RACE CASES AND THE POLITICS OF PUBLIC POLICY 12 Journal of Law & Politics 411 (Summer, 1996) The governing class in this country remains undeniably inept in dealing with, in the words of Alexis De Tocqueville, the situation of the black population in the United States. The problem is as old as, indeed older than, our country. Enslavement of black Africans, laws of denial, and disparate treatment, all bearing the imprimatur of government,... 1996  
Gabriel J. Chin THE PLESSY MYTH: JUSTICE HARLAN AND THE CHINESE CASES 82 Iowa Law Review 151 (October, 1996) For a century, the vision of racial equality expressed in John Marshall Harlan's dissent in Plessy v. Ferguson has captured the legal imagination in a way matched by few other texts. Even today, the symbolic power of Harlan's rejection of segregation of African Americans and whites in New Orleans streetcars is rivaled only by the Reverend Martin... 1996  
Dorothy E. Roberts THE PRIORITY PARADIGM: PRIVATE CHOICES AND THE LIMITS OF EQUALITY 57 University of Pittsburgh Law Review 363 (Winter 1996) I. Introduction: Racial Conflict in the Twenty-First Century. 363 II. The Priority Paradigm. 368 A.Preferring Liberty to Equality. 368 B.The Priority Paradigm and the Sufficiency of Racial Progress. 371 C.The Priority Paradigm and Discriminatory Intent. 373 III. The Priority Paradigm in Operation. 375 A.Protecting White Employees' Vested Interests.... 1996  
Thomas S. Ulen THE PRUDENCE OF LAW AND ECONOMICS: WHY MORE ECONOMICS IS BETTER 26 Cumberland Law Review 773 (1995-1996) Dean Anthony Kronman is the most eloquent, thoughtful, and persuasive of the many recent critics of the legal profession. I have read and returned to his book with pleasure and profit. But while I admire the work immensely and generally agree with Dean Kronman's assessment of what ails the legal profession, I do not agree with his assessment of the... 1996  
Keith Aoki THE SCHOLARSHIP OF RECONSTRUCTION AND THE POLITICS OF BACKLASH 81 Iowa Law Review 1467 (July 1, 1996) The Oxford English Dictionary defines Colloquy as a talking together, a conversation: a written dialogue. This particular Colloquy seeks to contribute to the ongoing conversation in U.S. legal scholarship over the relationship among race, scholarship, and politics. The first part of the Colloquy's title refers to Angela Harris's 1995 call for a... 1996  
Suzanna Sherry THE SLEEP OF REASON 84 Georgetown Law Journal 453 (February, 1996) A very strange thing is happening in legal academia. The left and the right have joined forces, and the center is under attack. What makes this so unusual is that law has traditionally been a field of centrists. The common law background, drummed into every first year law student, tends to leave lawyers with a taste for incremental rather than... 1996  
Paula C. Johnson THE SOCIAL CONSTRUCTION OF IDENTITY IN CRIMINAL CASES: CINEMA VERITE AND THE PEDAGOGY OF VINCENT CHIN 1 Michigan Journal of Race and Law 347 (Summer 1996) INTRODUCTION. 348 I. The Enigma of Race. 355 A. Theories of Racial Identity. 355 1. Biological Race. 355 2. Socially Constructed Race. 358 B. Constructions of Asian Americans. 359 1. Historical Constructions of Asian Identities. 359 a. Constructions of Early Chinese Immigrants. 362 b. Constructions of Early Japanese Immigrants. 371 c. Chinese and... 1996  
Barbara Phillips Sullivan THE SONG THAT NEVER ENDS: NEW VERSES ABOUT AFFIRMATIVE ACTION 23 Southern University Law Review 157 (Winter 1996) When a man has emerged from slavery, . . . there must be some stage in the progress of his elevation when he takes the rank of a mere citizen, and ceases to be the special favorite of the laws, and when his rights as a citizen, or a man, are to be protected in the ordinary modes by which other men's rights are protected. To enter what passes for... 1996  
Robert L. Hayman, Jr. , Nancy Levit THE TALES OF WHITE FOLK: DOCTRINE, NARRATIVE, AND THE RECONSTRUCTION OF RACIAL REALITY 84 California Law Review 377 (March, 1996) Ask your own soul what it would say if the next census were to report that half of black America was dead and the other half dying. Black America, some people said, was dying. And they wondered what they would hear in the souls of white folk when white America heard the news. Part of the story, perhaps, was told in June 1995, by the Supreme Court... 1996  
Gregg Van De Mark TOO MUCH OF A GOOD THING: IMMIGRATION, PLYLER v. DOE, AND AMERICAN HUBRIS 35 Washburn Law Journal 469 (Summer 1996) I. Introduction. 469 II. History of American Immigration Policy Before 1965. 471 A. American Immigration Before 1920. 472 B. Immigration Policy After 1920. 473 C. How Pausing Immigration Accelerates Assimilative Compromises. 474 D. The 1952 Immigration Act. 476 III. Modern American Immigration Policy. 478 A. The 1965 Immigration Act. 478 B. Recent... 1996  
Norman W. Spaulding III TOTEMISM TRANSCENDED?: THE AMBIVALENT ASPIRATIONS OF RICHARD POSNER'S JURISPRUDENCE 26 Seton Hall Law Review 1810 (1996) The law to which my title refers is a professional totem signifying all that is pretentious, uninformed, and spurious in the legal tradition. A pragmatic approach can help demolish the totem. Economic analysis can help put better things in its place. --Richard A. Posner, Overcoming Law It was in fact the ancient totem animal, the primitive god... 1996  
Samuel J. Levine TOWARD A RELIGIOUS MINORITY VOICE: A LOOK AT FREE EXERCISE LAW THROUGH A RELIGIOUS MINORITY PERSPECTIVE 5 William & Mary Bill of Rights Journal 153 (Winter 1996) Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to... 1996  
Donna E. Young TWO STEPS REMOVED: THE PARADOX OF DIVERSITY DISCOURSE FOR WOMEN OF COLOR IN LAW TEACHING 11 Berkeley Women's Law Journal 270 (1996) The term affirmative action provokes passionate reactions in people across the political spectrum. In 1995, affirmative action was a major political issue in the United States and continues to be in 1996. Despite the heated debate over affirmative action, many American law schools have supported efforts to diversify law school faculties by hiring... 1996  
Natsu Saito Jenga UNCONSCIOUS: THE "JUST SAY NO" RESPONSE TO RACISM 81 Iowa Law Review 1503 (July 1, 1996) Race and racism in the United States today are rarely discussed without someone proposing that we resolve the problems associated with racism by simply rejecting consciously racist actions and proceeding in a colorblind manner. This Just Say No solution is appealing because it sounds so simple. It is also dangerous because it masks the real... 1996  
Peter Kwan UNCONVINCING 81 Iowa Law Review 1557 (July 1, 1996) We're in the post-L.A. uprising era which for me marks the end of the '60's consciousness model of Third World unity where black, brown, and yellow people stood together. That was a model which existed for me. But as I watched L.A. burn and conflicts going on, I saw a new world with new realities. And it's not that easy anymore to build bridges... 1996  
Jim Chen UNTENURED BUT UNREPENTANT 81 Iowa Law Review 1609 (July 1, 1996) If indeed joining issue is the highest form of flattery, then organized outrage is surely the equivalent of academic canonization. My little article, Unloving, has attracted far more attention than I ever expected. Judging solely by this journal's table of contents and Keith Aoki's star footnote, Unloving has merited complete responses by eight... 1996  
John Valery White VINDICATING RIGHTS IN A FEDERAL SYSTEM: REDISCOVERING 42 U.S.C. S 1985(3)'S EQUALITY RIGHT 69 Temple Law Review 145 (Spring 1996) Section 1985(3) is dead. The United States Supreme Court's refusal to apply s 1985(3) to the assault and intimidation of abortion seekers by abortion protesters in Bray v. Alexandria Women's Health Clinic confirmed the demise of the section, already significantly undercut by the Supreme Court's previous decisions in Great American Federal Savings &... 1996  
Carol R. Goforth 'WHAT IS SHE?' HOW RACE MATTERS AND WHY IT SHOULDN'T 46 DePaul Law Review 1 (Fall 1996) Introduction. 3 I. The Legitimacy of Racial Classifications: What Does It Mean to Identify Someone as Black?. 11 A. The Biological Basis for Racial Classifications. 12 B. Societal Norms: Ethnicity and Culture as a Basis for Racial Classification. 16 II. Use of Racial Classifications in Adoption. 23 A. Introduction to Transracial Adoptions. 23 B.... 1996  
Amy Adler WHAT'S LEFT?: HATE SPEECH, PORNOGRAPHY, AND THE PROBLEM FOR ARTISTIC EXPRESSION 84 California Law Review 1499 (December, 1996) Some portion of the political left in the United States has called for the restriction of pornography and hate speech. Those who advocate such censorship do so on the ground that pornography and hate speech cause harm to disadvantaged outsider groups in society. For this reason, the leftist censorship advocates do not accept traditional First... 1996  
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