AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Stephen M. Feldman DIAGNOSING POWER: POSTMODERNISM IN LEGAL SCHOLARSHIP AND JUDICIAL PRACTICE (WITH AN EMPHASIS ON THE TEAGUE RULE AGAINST NEW RULES IN HABEAS CORPUS CASES) 88 Northwestern University Law Review 1046 (Spring, 1994) [W]e are within the culture of postmodernism to the point where its facile repudiation is as impossible as any equally facile celebration of it is complacent and corrupt. -Fredric Jameson To explore manifestations of postmodernism in judicial practice and legal scholarship, one presumably ought to begin by defining the central concept,... 1994  
Marc R. Poirier ENVIRONMENTAL JUSTICE/RACISM/EQUITY: CAN WE TALK? 96 West Virginia Law Review 1083 (Summer 1994) I. Introduction. 1083 II. The Historical Question. 1084 III. The Contemporary Question. 1096 IV. The Political Question. 1100 V. Conclusion. 1106 1994  
Richard Delgado , Jean Stefancic ESSAY I. HATEFUL SPEECH, LOVING COMMUNITIES: WHY OUR NOTION OF "A JUST BALANCE" CHANGES SO SLOWLY 82 California Law Review 851 (July 1, 1994) The debate about hate speech features two camps, each of which sees the world quite differently. One group, on learning that some campus administrators are considering enacting hate speech rules, immediately declares the proposal a free speech question. If one places speech at the center, a number of things immediately follow. The hate speech rule... 1994  
Patrick Wiseman ETHICAL JURISPRUDENCE 40 Loyola Law Review 281 (Summer 1994) I. OBSERVING RULES: THE INTERNAL AND EXTERNAL POINTS OF VIEW. 283 II. A THRESHOLD OBJECTION: THE INTERNAL/EXTERNAL DISTINCTION IS BOGUS. 290 III. TAKING SERIOUSLY THE INTERNAL POINT OF VIEW. 292 A.A (Juris)Prudential Presumption. 292 B.Characteristics of the Internal Point of View. 296 1.To Speak or Not to Speak: That is the Question. 296 2.Law is... 1994  
William N. Eskridge, Jr. GAYLEGAL NARRATIVES 46 Stanford Law Review 607 (February, 1994) Storytelling, a form of narrative legal scholarship describing events of legal significance from the perspective of outsider writers, is fast becoming a fixture in the pages of law reviews and on the shelves of law libraries. The rapid rise in the popularity of narrative scholarship has led some critics to question its value, while prompting... 1994  
Katharine T. Bartlett GENDER LAW 1 Duke Journal of Gender Law & Policy 1 (1994) The inauguration of the Duke Journal of Gender Law & Policy represents an exciting step in the institutionalization of a subject area in academic law formerly found only at the fringe of legal scholarship and law school curriculums. Often shunned as a political activity inappropriate to institutions committed to academic rigor, objectivity, and... 1994  
Elvia R. Arriola GENDERED INEQUALITY: LESBIANS, GAYS, AND FEMINIST LEGAL THEORY 9 Berkeley Women's Law Journal 103 (1994) This article explores, from a feminist perspective, the questions of difference, equality, and sexual identity raised in discrimination claims by lesbians and gay men. Following the Supreme Court's decision in Bowers v. Hardwick, which rejected the argument that the enforcement of sodomy statutes violates an individual's right to privacy,... 1994  
Reviewed by Julie Inness GOING TO THE BOTTOM 9 Berkeley Women's Law Journal 162 (1994) The recent debates about free speech reveal how easily those who lack power are rendered invisible, capable of making noise but not of making sense. Let us consider those involved with the debate. On the one hand, we have a combination of privileged liberals and conservatives arguing that any limitation upon speech, such as campus codes against... 1994  
John T. Nockleby HATE SPEECH IN CONTEXT: THE CASE OF VERBAL THREATS 42 Buffalo Law Review 653 (Fall, 1994) Whether a particular act or message is . . . entitled to First Amendment protection turns on context as well as content. Justice John Paul Stevens A word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.... 1994  
Jane L. Dolkart HOSTILE ENVIRONMENT HARASSMENT: EQUALITY, OBJECTIVITY, AND THE SHAPING OF LEGAL STANDARDS 43 Emory Law Journal 151 (Winter, 1994) Teresa Harris is a Caucasian woman in her early forties who grew up in Nashville, Tennessee, where she completed her high school education. She has lived in Nashville ever since, working to help support her family and herself while raising her two sons. She certainly never expected to be the plaintiff in a sexual harassment case. But Teresa Harris... 1994  
Joan Williams IS COVERTURE DEAD? BEYOND A NEW THEORY OF ALIMONY 82 Georgetown Law Journal 2227 (September, 1994) Commentators who address the problem of women's and children's impoverishment upon divorce generally define their goal as a new theory of alimony. This formulation presents several problems, which are discussed in Section I. I propose an alternative formulation of the issues behind post-divorce impoverishment. The key problem is not the weak... 1994  
Michael J. Saks , Howard Larsen , 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 28 Suffolk University Law Review 1163 (Winter, 1994) 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... 1994  
Sean M. Scott JUSTICE REDEFINED: MINORITY-TARGETED SCHOLARSHIPS AND THE STRUGGLE AGAINST RACIAL OPPRESSION 62 UMKC Law Review 651 (Summer, 1994) Editor's Note: On October 27, 1994, the 4th U.S. Circuit Court of Appeals ruled that it is unlawful for a university to maintain a separate scholarship program for African-American students. One of the defendants, William Kirwan, president of the University of Maryland, plans to appeal. Podberesky v. Kirwan, No. 93-2527, 1994 WL 587092 (4th Cir.... 1994  
  JUVENILE CURFEWS AND GANG VIOLENCE: EXILED ON MAIN STREET 107 Harvard Law Review 1693 (May, 1994) If individuals and groups are to determine their own destinythe ultimate promise of democracythey must control the spaces in which they live and interact. We have become numb to the statistics and perhaps even to the images: schools with metal detectors, drive-by shootings, crack houses, broken homes, nearly one in four Black men between the ages... 1994  
Francis J. Mootz III LEGAL CLASSICS: AFTER DECONSTRUCTING THE LEGAL CANON 72 North Carolina Law Review 977 (April, 1994) The debate over the canon has gripped the University in recent years. Defenders of the canon argue that canonical texts embody timeless and universal themes, but critics argue that the process of canonization subordinates certain people and viewpoints within society in order to assert the existence of a univocal tradition. Originating primarily in... 1994  
George A. Martinez LEGAL INDETERMINACY, JUDICIAL DISCRETION AND THE MEXICAN-AMERICAN LITIGATION EXPERIENCE: 1930-1980 27 U.C. Davis Law Review 555 (Spring 1994) C1-3Table of Contents Introduction. 557 I. Mexican-Americans Taking a Stand: Litigation in the Areas of Public Accommodations, Land Grants, Restrictive Covenants, and Racial Slurs. 560 A. Public Accommodations. 560 B. Land Grants. 566 C. Restrictive Covenants. 569 D. Racial Slurs. 571 E. Summary. 573 II. Litigation of the Right to Education:... 1994  
Elizabeth Mertz LEGAL LOCI AND PLACES IN THE HEART: COMMUNITY AND IDENTITY IN SOCIOLEGAL STUDIES 28 Law and Society Review 971 (1994) Community has been a central concept of political and legal philosophy since its beginning. It has often served as a frame of reference even when not explored as such. From the well-known opening of Aristotle's Politics to the French constitution of 1958, community has served to designate the human group with which politics and law are concerned... 1994  
Naomi Mezey LEGAL RADICALS IN MADONNA'S CLOSET: THE INFLUENCE OF IDENTITY POLITICS, POPULAR CULTURE, AND A NEW GENERATION ON CRITICAL LEGAL STUDIES 46 Stanford Law Review 1835 (July, 1994) In this book note, Naomi Mezey explores both the content and the context of Sexy Dressing Etc.: Essays on the Power and Politics of Cultural Identity, by Duncan Kennedy, a leading figure in the critical legal studies (CLS) movement. Ms. Mezey sees Kennedy as engaged in two related projects: first, responding to criticisms of CLS by feminist and... 1994  
Margaret M. Russell LESBIAN, GAY AND BISEXUAL RIGHTS AND "THE CIVIL RIGHTS AGENDA" 1 African-American Law and Policy Report 33 (Fall 1994) A lot of blacks are upset that the feminist movement pimped off the black movement. Now here comes the gay movement. Blacks resent it very much, because they do not see a parallel, nor do I. When people try to equate the two [racism and sexual-orientation discrimination], all they do is offend some black folks who recognize that it is not the same... 1994  
Robert A. Williams, Jr. LINKING ARMS TOGETHER: MULTICULTURAL CONSTITUTIONALISM IN A NORTH AMERICAN INDIGENOUS VISION OF LAW AND PEACE 82 California Law Review 981 (July 1, 1994) In July of 1645, an Iroquois chief named Kiotseaeton approached the French colonial settlement at Three Rivers, New France, Canada, in a small boat. He was accompanied by two other Iroquois ambassadors and a Frenchman, Guillaume Cousture. Cousture had been taken hostage three years earlier in the Iroquois' long-running war with the French and the... 1994  
Drucilla Cornell LOYALTY AND THE LIMITS OF KANTIAN IMPARTIALITY 107 Harvard Law Review 2081 (June, 1994) George Fletcher's Loyalty provides an eloquent argument in defense of loyalty as an important political and jurisprudential value. Fletcher asks why we have not incorporated allegiance to institutions, communities, religions, and governments into our legal system as a jurisprudential value. He suggests that, in our emphasis on individual freedom,... 1994  
Bernard J. Hibbitts MAKING SENSE OF METAPHORS: VISUALITY, AURALITY, AND THE RECONFIGURATION OF AMERICAN LEGAL DISCOURSE 16 Cardozo Law Review 229 (December, 1994) L1-2Introduction: An Ear for an Eye 229 I. Metaphors in Life and Law . 233 II. Mirrors of Justice: Visuality and Legal Discourse . 238 A. Seeing Culture . 238 B. Visuality and Power . 264 C. Law and the Phenomenology of Sight . 291 III. Fair Hearings': Aurality and the New Legal Language . 300 A. Hearing Culture . 301 B. Aurality and Diversity... 1994  
Margaret E. Montoya MASCARAS, TRENZAS, Y GREDNAS: UN/MASKING THE SELF WHILE UN/BRAIDING LATINA STORIES AND LEGAL DISCOURSE 15 Chicano-Latino Law Review 1 (Spring 1994) Using personal narrative, this Article examines the various masks (mascaras) used to control how people respond to us and the important role such masks play in the subordination of Outsiders. The first part of the Article tells stories; the second part of the Article unbraids the stories to reveal an imbedded message: that Outsider storytelling... 1994  
Margaret E. Montoya MASCARAS, TRENZAS, Y GRENAS: UN/MASKING THE SELF WHILE UN/BRAIDING LATINA STORIES AND LEGAL DISCOURSE 17 Harvard Women's Law Journal 185 (Spring, 1994) Using personal narrative, this Article examines the various masks (máscaras) used to control how people respond to us and the important role such masks play in the subordination of Outsiders. The first part of the Article tells stories; the second part of the Article unbraids the stories to reveal an imbedded message: that Outsider storytelling... 1994  
Wendy Anton Fitzgerald MATURITY, DIFFERENCE, AND MYSTERY: CHILDREN'S PERSPECTIVES AND THE LAW 36 Arizona Law Review 11 (Spring, 1994) L1-2Introduction 12. I. Personhood of Children Under Constitutional Law. 22 A. The Liberal Model of Constitutional Personhood. 23 B. The Supreme Court's Solution: Pretending Children Are Adults. 26 C. The Liberal Alternative: Treating Children as Potential Adults. 30 II. Personhood of Children Under Child Support Law. 34 A. The Parent-Child... 1994  
Heidi Li Feldman OBJECTIVITY IN LEGAL JUDGMENT 92 Michigan Law Review 1187 (March, 1994) We are experiencing a crisis of confidence in the idea of objectivity. In scholarly circles, many are ready to discontinue talk of objectivity altogether, on the grounds that it has been nothing more than a mask for the oppressive practices of politically and economically privileged groups, promising neutrality where in fact there are only power... 1994  
Nancy L. Cook OUTSIDE THE TRADITION: LITERATURE AS LEGAL SCHOLARSHIP 63 University of Cincinnati Law Review 95 (Fall 1994) Stories and storytellers pervade the legal culture. Law professors tell war stories to their students; clients tell their stories to lawyers; lawyers, in turn, provide judges and juries with stories on behalf of clients. The courts ultimately relate stories through judicial opinions. Whether acknowledged or not, the fact is, people express... 1994  
David A. Skeel, Jr. PRACTICING POETRY, TEACHING LAW 92 Michigan Law Review 1754 (May, 1994) In his 1936 essay, The Irrational Element in Poetry, Wallace Stevens suggested that since the beginning of the first World War the pressure of the contemporaneous had become constant and extreme. No longer could poets ignore the contemporaneous, the urgent social, political, and economic crises of the time; poetry must address and respond to... 1994  
Michael L. Seigel PRAGMATISM APPLIED: IMAGINING A SOLUTION TO THE PROBLEM OF COURT CONGESTION 22 Hofstra Law Review 567 (Spring 1994) Somehow the unfortunate trend has arisen among attorneys to make almost every case a BIG CASE. There is a tendency to want to present the evidence not once, but many times over, and to adduce needlessly cumulative evidence not only on the controverted issues but also on those which are all but uncontested. Advocates tend to confuse quantity of... 1994  
William N. Eskridge, Jr. PUBLIC LAW FROM THE BOTTOM UP 97 West Virginia Law Review 141 (Fall, 1994) I. INTRODUCTION: LAW FROM THE BOTTOM UP A. Law Comes from the Bottom Up, Not from the Top Down B. Positive Law is Not Neutral and Involves Struggle Among Competing Visions C. Official Choice of Law Does Not Necessarily Settle Matters II. DOCTRINAL ILLUSTRATIONS OF LAW FROM THE BOTTOM UP A. Statutory Interpretation (Job Discrimination) B.... 1994  
Roy L. Brooks RACE AS AN UNDER-INCLUSIVE AND OVER-INCLUSIVE CONCEPT 1 African-American Law and Policy Report 9 (Fall 1994) Race is an important concept in civil rights law. It is important in a technical sense, because it helps to define the scope of many civil rights statutes and triggers the highest level of judicial scrutiny of legislative acts under the Equal Protection Clause of the Constitution. For African Americans, race (or rather the prohibition of... 1994  
Wendy Brown-Scott RACE CONSCIOUSNESS IN HIGHER EDUCATION: DOES "SOUND EDUCATIONAL POLICY" SUPPORT THE CONTINUED EXISTENCE OF HISTORICALLY BLACK COLLEGES? 43 Emory Law Journal 1 (Winter, 1994) C1-3TABLE OF CONTENTS I. Introduction. 3 II. The Need for Historically Black Public Colleges and Universities: Building Trust Through Education. 10 A. The Need for Historically Black Colleges. 10 B. What Went Wrong?. 13 C. Rectifying Pluralistic Ignorance. 20 1. A Short Story. 20 2. A Longer Version. 26 III. Challenging Subordination, Gaining... 1994  
Steven H. Shiffrin RACIST SPEECH, OUTSIDER JURISPRUDENCE, AND THE MEANING OF AMERICA 80 Cornell Law Review 43 (November 1, 1994) Almost thirty years ago, Harry Kalven, Jr., one of the leading legal scholars of the twentieth century, wrote a book in which he attempted to analyze the impact of changing race relations and the civil rights movement on first amendment law. In the book he observed that African Americans did not often resort to the courts to combat racist speech.... 1994  
Tona Trollinger RECONCEPTUALIZING THE FREE SPEECH CLAUSE: FROM A REFUSE OF DUALISM TO THE REASON OF HOLISM 3 George Mason Independent Law Review 137 (Winter 1994) Introduction. 139 I. The Refuse of Traditional Free Speech Theory. 143 A. Marketplace Ideology. 143 B. The Marketplace of Ideas Model: Confusion and Doubt. 147 1. Origin and Evolution. 149 2. Confusion: Existential Fallacy. 154 3. Doubt: A Faith Tested In--And Worn By--Time. 159 II. The Competition Fallacy. 167 A. Imbalance: Omitting the Feminist... 1994  
Jane B. Baron RESISTANCE TO STORIES 67 Southern California Law Review 255 (January, 1994) It seems that the response to new movements in jurisprudence grows ever swifter. Current interest in legal storytelling is an example. Even as some scholars ask us to hear the call of stories, to read articles in story form, and to embrace various forms of narrative jurisprudence other scholars are at pains to point up the limitations of the... 1994  
Phoebe A. Haddon RETHINKING THE JURY 3 William & Mary Bill of Rights Journal 29 (Summer, 1994) In the ideal world perhaps we'd like most decisions to be made by juries. The civil jury has often been cast as the quintessential democratic institution, but its practical value in promoting justice has also been questioned. A metaphor for citizen participation in legal decision-making, the modern civil jury enjoys a visible but often... 1994  
Richard Delgado RODRIGO'S NINTH CHRONICLE: RACE, LEGAL INSTRUMENTALISM, AND THE RULE OF LAW 143 University of Pennsylvania Law Review 379 (December, 1994) I was sitting dejectedly in the airport waiting lounge, cursing myself for having taken a winter flight that changed planes in a northern city, when I heard a familiar voice from behind me. Professor, is it you? I turned. Rodrigo, for goodness sake! What are you doing here? A foreign-educated LL.M. student at the famous university across town,... 1994  
Richard Delgado RODRIGO'S SEVENTH CHRONICLE: RACE, DEMOCRACY, AND THE STATE 41 UCLA Law Review 721 (February, 1994) The familiar voice in my receiver gave me quite a start: Professor, it's me, Rodrigo Crenshaw. I'm at the corner grocery store just down the block from your building. I had been getting a number of calls from former students wanting to know if I would serve as a reference for the bar examiners or an employer. Sorry it took me a minute to... 1994  
Martha Chamallas STRUCTURALIST AND CULTURAL DOMINATION THEORIES MEET TITLE VII: SOME CONTEMPORARY INFLUENCES 92 Michigan Law Review 2370 (August, 1994) I often have trouble predicting how Title VII cases will come out. Like so many fields of law, Title VII law is dynamic, unsettled, and hotly contested. Particularly because the advance sheets seem to contain at least two divergent lines of cases -- conservative and progressive -- it is useful to speak in the plural when describing the visions of... 1994  
Maxwell O. Chibundu STRUCTURE AND STRUCTURALISM IN THE INTERPRETATION OF STATUTES 62 University of Cincinnati Law Review 1439 (Spring, 1994) I. Introduction and Overview. 1440 II. Construction and Deconstruction in the Interpretive Method. 1448 A. Interpretation as the Construction of Legislative Intent. 1450 1. Textualism. 1454 2. Legislative History. 1459 3. Structure. 1463 B. Interpretation as Construction: The Middle View. 1467 1. The Legal Process School. 1469 2. Dynamic... 1994  
Daniel A. Farber , Suzanna Sherry THE 200,000 CARDS OF DIMITRI YURASOV: FURTHER REFLECTIONS ON SCHOLARSHIP AND TRUTH 46 Stanford Law Review 647 (February, 1994) Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor William Eskridge in this issue. In reply, Professors Farber and Sherry challenge their critics' reliance on postmodern views... 1994  
Richard Thompson Ford THE BOUNDARIES OF RACE: POLITICAL GEOGRAPHY IN LEGAL ANALYSIS 107 Harvard Law Review 1841 (June, 1994) C1-3TABLE OF CONTENTS INTRODUCTION. 1844 I. CONCEPTIONS AND CONSEQUENCES OF SPACE. 1847 A. The Construction of Racially Identified Space. 1847 B. The Perpetuation of Racially Identified Spaces: An Economic/Structural Analysis. 1849 1. Trouble in Paradise: An Economic Model. 1849 2. Strangers in Paradise: A Complicated Model. 1853 3. Strangers in a... 1994  
Wendy Brown-Scott THE COMMUNITARIAN STATE: LAWLESSNESS OR LAW REFORM FOR AFRICAN-AMERICANS? 107 Harvard Law Review 1209 (April, 1994) Two premises guide my exploration of a communitarian image of the state. First, the state has frequently acted in a lawless fashion toward African-Americans. The state has done so by failing, through both the abusive exercise of its power and the withholding of its laws, to protect people of African descent, beginning with slavery and continuing... 1994  
Yxta Maya Murray THE CULTURAL IMPLICATIONS OF JUDICIAL SELECTION 79 Cornell Law Review 374 (January, 1994) Race-ing Justice, En-gendering Power: Essays on Anita Hill, Clarence Thomas, and the Construction of Social, Reality. Toni Morrison, ed. New York: Pantheon Books. 1992. 475 pp. $15.00. The Constitution allows the President to nominate . by and with the Advice and Consent of the Senate . Judges of the supreme Court. Traditionally, the same types... 1994  
Anthony E. Cook THE DEATH OF GOD IN AMERICAN PRAGMATISM AND REALISM: RESURRECTING THE VALUE OF LOVE IN CONTEMPORARY JURISPRUDENCE 82 Georgetown Law Journal 1431 (April, 1994) In an article entitled Beyond Critical Legal Studies: The Reconstructive Theology of Dr. Martin Luther King, Jr., I argued for a revitalization of an explicitly normative discourse about the common good. I contended that critical thought, abstracted from a vision of a reconstructed world and its progressive realization through social struggle, is... 1994  
Aviva O. Wertheimer THE FIRST AMENDMENT DISTINCTION BETWEEN CONDUCT AND CONTENT: A CONCEPTUAL FRAMEWORK FOR UNDERSTANDING FIGHTING WORDS JURISPRUDENCE 63 Fordham Law Review 793 (December, 1994) A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used. No fundamental right is more glorified in American society than the right to freedom of speech. We Americans believe that the right to express our ideas... 1994  
Daniel A. Farber THE OUTMODED DEBATE OVER AFFIRMATIVE ACTION 82 California Law Review 893 (July 1, 1994) The academic debate over affirmative action has become a bitter stalemate. Opponents consider affirmative action to be reverse discrimination, charging that racial discrimination is equally wrong regardless of the race of the victim. Supporters retort that the relationship between African Americans and whites is hardly symmetrical, and that racial... 1994  
Darryl K. Brown THE ROLE OF RACE IN JURY IMPARTIALITY AND VENUE TRANSFERS 53 Maryland Law Review 107 (1994) In 1990, Washington, D.C., Mayor Marion Barry was indicted on fourteen charges of drug possession and perjury arising from a federal investigation that yielded a videotape of Barry smoking crack cocaine in Washington's Vista Hotel. Barry and his attorney chose not to seek a change of venue for the trial, despite overwhelming pretrial publicity... 1994  
Ian F. Haney Lopez THE SOCIAL CONSTRUCTION OF RACE: SOME OBSERVATIONS ON ILLUSION, FABRICATION, AND CHOICE 29 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 1994) Under the jurisprudence of slavery as it stood in 1806, one's status followed the maternal line. A person born to a slave woman was a slave, and a person born to a free woman was free. In that year, three generations of enslaved women sued for freedom in Virginia on the ground that they descended from a free maternal ancestor. Yet, on the... 1994  
Spencer A. Overton THE THREAT DIVERSITY POSES TO AFRICAN AMERICANS: A BLACK NATIONALIST CRITIQUE OF OUTSIDER IDEOLOGY 37 Howard Law Journal 465 (Spring, 1994) As I look back over my short life, I recognize my successes and failures in both integrated and homogeneous environments. At an integrated suburban school during my adolescent years, I was an excluded, stereotyped loner who never realized his potential. In an effort to supplement missed social experiences, my parents insisted I attend an urban,... 1994  
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