AuthorTitleCitationSummaryYearKey Terms in Title or Summary
George A. Martínez AFRICAN-AMERICANS, LATINOS, AND THE CONSTRUCTION OF RACE: TOWARD AN EPISTEMIC COALITION 19 Chicano-Latino Law Review 213 (Spring 1998) Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the... 1998 Yes
Francisco Valdes BEYOND SEXUAL ORIENTATION IN QUEER LEGAL THEORY: MAJORITARIANISM, MULTIDISCIPLINARY, AND RESPONSIBILITY IN SOCIAL JUSTICE SCHOLARSHIP OR LEGAL SCHOLARS AS CULTURAL WARRIORS 75 Denver University Law Review 1409 (1998) Introduction. 1410 A. Sexual Minorities & Sexual Orientation Scholarship Since 1979. 1416 B. Sexual Orientation, Critical Race Theory & Postmodern Analysis. 1418 C. Queering Sexual Orientation Legal Scholarship. 1422 D. Cultural War, Cultural Traditionalism & Majoritarian Essentialism. 1426 E. Formal Democracy, Cultural War & Backlash Lawmaking.... 1998 Yes
Anthony V. Alfieri BLACK AND WHITE 10 La Raza Law Journal 561 (Spring 1998) Critical Race Theory dreams in black and white. No rhapsody of color, only charred history and pale hope. Yet the dreams stamp hard, inspiring a jurisprudential movement of diverse scholars and earning an uneasy place in the postwar scholarship of the American legal academy. Having waged both theoretical and practical battles to gain that place,... 1998 Yes
Mari J. Matsuda CRIME AND AFFIRMATIVE ACTION 1 Journal of Gender, Race and Justice 309 (Spring 1998) Let me begin, as critical race theorists often do, with a story. Earlier this year, in the city of Los Angeles, a three-generation Korean American family moved into a new home. The grandfather from the family left to take his customary evening stroll. Don't go too far, and please come back soon, his daughter requested. As he returned from his... 1998 Yes
Jody Armour CRITICAL RACE FEMINISM: OLD WINE IN A NEW BOTTLE OR NEW LEGAL GENRE? 7 Southern California Review of Law and Women's Studies 431 (Spring 1998) The phrase Critical Race Feminism incorporates by reference two of the most vibrant genres in contemporary legal thought--Critical Race Theory (CRT) and Feminist Jurisprudence. But then is Critical Race Feminism as a legal genre merely redundant? Is it just a parasite on the margin of knowledge generated by the older schools it refers to? Put... 1998 Yes
Erik M. Jensen CRITICAL THEORY AND THE LONELINESS OF THE TAX PROF 76 North Carolina Law Review 1753 (June, 1998) This essay has two goals: to suggest why feminist and critical race commentary (what I'll call the New Criticism) is spreading in taxation and, in the course of evaluating some specific examples of the New Criticism, to discuss some dangers of that criticism. My first thesis--ultimately unprovable, I admit--is that the emergence of New Criticism... 1998 Yes
Daria Roithmayr DECONSTRUCTING THE DISTINCTION BETWEEN BIAS AND MERIT 10 La Raza Law Journal 363 (Spring 1998) In this article Professor Roithmayr attempts to develop in the context of law school admissions a theoretical argument from deconstruction to support the radical critique of merit. The radical critique, espoused primarily by Critical Race Theorists and radical feminists, argues that merit standards disproportionately exclude white women and people... 1998 Yes
James R. Hackney Jr. DERRICK BELL'S RE-SOUNDING: W. E. B. DU BOIS, MODERNISM, AND CRITICAL RACE SCHOLARSHIP 23 Law and Social Inquiry 141 (Winter, 1998) Critical race scholarship (CRS) is one of the most prominent and controversial strands of thought in legal academe. It has spawned widespread criticisms but has also reached a stage of intellectual maturity, warranting two general anthologies and others more specialized (Gates 1997; Wing 1997; Crenshaw et al. 1995; Delgado 1995). Given the... 1998 Yes
Hope Lewis GLOBAL INTERSECTIONS: CRITICAL RACE FEMINIST HUMAN RIGHTS AND INTER/NATIONAL BLACK WOMEN 50 Maine Law Review 309 (1998) My life stories influence my perspective, a perspective unable to function within a single paradigm because I am too many things at one time. Say, I remember, when we used to sit in a government yard in Brooklyn . As an African American feminist law professor who is visually impaired and the daughter of immigrants, I am often torn as to which... 1998 Yes
Rogers M. Smith, Yale University IAN F. HANEY LÓPEZ, WHITE BY LAW: THE LEGAL CONSTRUCTION OF RACE. 42 American Journal of Legal History 65 (January, 1998) White by Law is most significant for its important arguments. It is also a valuable representative of critical race theory in law, of the new interdisciplinary community of whiteness scholars, and of the N.Y.U. Press's efforts to build a list of innovative scholarship on race, particularly by scholars of color. The book's main empirical and... 1998 Yes
  INTRODUCTION 76 North Carolina Law Review 1519 (June, 1998) In recent years, the Internal Revenue Code increasingly has become the focus of feminist and critical race theorists. In the main, critics of the Code maintain that there are provisions that are inherently biased and thus operate to disadvantage certain groups, or that the Code should be redesigned to advance social policies benefiting historically... 1998 Yes
Richard Schmalbeck RACE AND THE FEDERAL INCOME TAX: HAS A DISPARATE IMPACT CASE BEEN MADE? 76 North Carolina Law Review 1817 (June, 1998) Professors Moran and Whitford's A Black Critique of the Internal Revenue Code is a straightforward and plausible application of critical race theory to the United States federal income tax. Their argument proceeds essentially as follows: (a) African-Americans differ from the white majority in several important socioeconomic respects; (b) the U.S.... 1998 Yes
Richard Delgado RODRIGO'S BOOK OF MANNERS: HOW TO CONDUCT A CONVERSATION ON RACE-- STANDING, IMPERIAL SCHOLARSHIP, AND BEYOND 86 Georgetown Law Journal 1051 (February, 1998) Responding to a number of Critical Race Theory's critics, the professor and his alter ego Rodrigo Crenshaw discuss a number of themes in the writings of Daniel Farber and Suzanna Sherry, Judge Richard Posner, Stephen Gey, and others. The two discuss whether the espousal of multiculturalism really constitutes an assault on the truth, and criticism... 1998 Yes
Charles O. Galvin TAKING CRITICAL TAX THEORY SERIOUSLY--A COMMENT 76 North Carolina Law Review 1749 (June, 1998) Professor Zelenak has provided an excellent analysis of the developments in the tax policy discussions of feminists and critical race theorists. My response will be brief and, I hope, to the point. A tax system should be neutral in its effect on each citizen's decisionmaking. Therefore, assuming a democratic ideal of a free society with equal... 1998 Yes
Dan Subotnik THE JOKE IN CRITICAL RACE THEORY: DE GUSTIBUS DISPUTANDUM EST? 15 Touro Law Review 105 (Fall, 1998) If we laugh at each other we won't kill each other. Ralph Ellison Deep down in the jungle so they say There's a signifying monkey down the way There hadn't been no disturbin' in the jungle for quite a bit, For up jumped the monkey in the tree one day and laughed, I guess I'll start some shit. Old African American toast The central tenet of... 1998 Yes
Leila Hilal WHAT IS CRITICAL RACE FEMINISM? 4 Buffalo Human Rights Law Review 367 (1998) Critical race feminism, a proposed offshoot of critical race theory, debuts in Adrien K. Wing's volume Critical Race Feminism: A Reader. In Wing's words, the volume focuses on [women of color,] who face multiple discrimination on the basis of race, gender and class, revealing how all these factors interact within a system of white male patriarchy... 1998 Yes
Daniel Subotnik WHAT'S WRONG WITH CRITICAL RACE THEORY?: REOPENING THE CASE FOR MIDDLE CLASS VALUES 7 Cornell Journal of Law & Public Policy 681 (Spring 1998) One of the subtlest challenges we face . . . is how to relegitimate the national discussion of racial, ethnic and gender tensions so that we can get past the Catch-22 in which merely talking about it is considered an act of war, in which not talking about it is complete capitulation to the status quo. . . . If engagement is the first step in... 1998 Yes
Adrien Katherine Wing A CRITICAL RACE FEMINIST CONCEPTUALIZATION OF VIOLENCE: SOUTH AFRICAN AND PALESTINIAN WOMEN 60 Albany Law Review 943 (1997) I. Introduction. 944 II. Critical Race Feminism. 946 A. Conceptualizing Violence Using a Critical Race Feminist Approach: Outside/Inside Dichotomy and Spirit Injury. 951 III. Social and Legal Conditions. 954 A. South Africa. 954 1. Violence. 957 B. Palestine. 959 1. Violence. 964 IV. International Law: Convention on the Elimination of All Forms of... 1997 Yes
Kevin L. Hopkins A GOSPEL OF LAW 30 John Marshall Law Review 1039 (Summer 1997) Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... 1997 Yes
  ABSTRACTS 3 African-American Law and Policy Report 335 (Spring 1997) The abstracts section contains summaries of recent articles, comments, and notes published nationwide in law reviews and journals. Derrick A. Bell, Who's Afraid of Critical Race Theory, 1995 U. Ill. L. Rev. 893. Bell introduces his discussion of critical race theory by illustrating the theory's methodology through the deconstruction of The Bell... 1997 Yes
Margaret Chon ACTING UPON IMMIGRANT ACTS: ON ASIAN AMERICAN CULTURAL POLITICS BY LISA LOWE 76 Oregon Law Review 765 (Fall 1997) How might a literature professor converse with a law professor about law? Selecting what I think are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, I meditate on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of... 1997 Yes
D.A. Jeremy Telman BEYOND ALL REASON: THE RADICAL ASSAULT ON TRUTH IN AMERICAN LAW. BY DANIEL A. FARBER AND SUZANNA SHERRY. NEW YORK AND OXFORD: OXFORD UNIVERSITY PRESS, 1997. PP. 195. 23 New York University Review of Law and Social Change 631 (1997) In Farber and Sherry's short, provocative book, they claim to expose dangerous trends in the legal scholarship associated with what the authors call radical multiculturalism. (p.5). These radicals include critical legal scholars, critical race theorists, and feminist theorists. Although the authors acknowledge that they are not treating a... 1997 Yes
Anthony V. Alfieri BLACK AND WHITE 85 California Law Review 1647 (October, 1997) Critical Race Theory dreams in black and white. No rhapsody of color, only charred history and pale hope. Yet the dreams stamp hard, inspiring a jurisprudential movement of diverse scholars and earning an uneasy place in the postwar scholarship of the American legal academy. Having waged both theoretical and practical battles to gain that place,... 1997 Yes
Adrien Katherine Wing CRITICAL RACE FEMINISM AND THE INTERNATIONAL HUMAN RIGHTS OF WOMEN IN BOSNIA, PALESTINE, AND SOUTH AFRICA: ISSUES FOR LATCRIT THEORY 28 University of Miami Inter-American Law Review 337 (1997) I. Introduction. 337 L1-2 II. Critical Race Feminism. 339 L1-2 III. Spirit Injury in Bosnia. 343 L1-2 IV. Palestine. 347 L1-2 V. South Africa. 350 L1-2 VI. Palestinian and South African Women: Violence Against Women. 353 L1-2 VII. Conclusion. 360 1997 Yes
Adrien K. Wing , Christine A. Willis CRITICAL RACE FEMINISM: BLACK WOMEN AND GANGS 1 Journal of Gender, Race and Justice 141 (Fall, 1997) A girl was tortured, tied to a manhole cover, and thrown off a bridge to her death. Another girl was attacked on her way home from the grocery store and one of her fingers was chopped off. A young man was beaten so severely he ended up in a coma. Two men were lured to a park and both were shot in the head. All of these brutal crimes have one thing... 1997 Yes
Eric K. Yamamoto CRITICAL RACE PRAXIS: RACE THEORY AND POLITICAL LAWYERING PRACTICE IN POST-CIVIL RIGHTS AMERICA 95 Michigan Law Review 821 (February, 1997) At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs... 1997 Yes
Robert John Araujo, S.J. CRITICAL RACE THEORY: CONTRIBUTIONS TO AND PROBLEMS FOR RACE RELATIONS 32 Gonzaga Law Review 537 (1996-1997) I. Prophets in Our Midst: The Contribution of the Critical Race Theory. 539 II. The Virtuous Citizen and Racial Justice. 551 III. Conclusion. 574 Am I not a man and a brother? And the LORD said unto Cain, Where is Abel thy brother? And he said, I know not: Am I my brother's keeper? For the whole law is summed up in a single commandment, You shall... 1997 Yes
José E. Alvarez CRITICAL THEORY AND THE NORTH AMERICAN FREE TRADE AGREEMENT'S CHAPTER ELEVEN 28 University of Miami Inter-American Law Review 303 (1997) The application of critical race insights to issues involving U.S. foreign relations is likely to benefit both international lawyers and traditional race critics, albeit for different reasons. In critical race theory, international lawyers will find liberation from the prevailing state-centric and positivist modes of analysis that now dominate our... 1997 Yes
Daria Roithmayr DECONSTRUCTING THE DISTINCTION BETWEEN BIAS AND MERIT 85 California Law Review 1449 (October, 1997) In this article Professor Roithmayr attempts to develop in the context of law school admissions a theoretical argument from deconstruction to support the radical critique of merit. The radical critique, espoused primarily by Critical Race Theorists and radical feminists, argues that merit standards disproportionately exclude white women and people... 1997 Yes
Gary Goodpaster EQUALITY AND FREE SPEECH: THE CASE AGAINST SUBSTANTIVE EQUALITY 82 Iowa Law Review 645 (January 1, 1997) I. Introduction. 646 II. Substantive Equality Theories. 649 A. Critical Race Theories. 649 B. Feminist Theories. 653 III. Criticizing the Arguments. 656 A. The Asssumption of Domination. 657 B. The Theory of Substantive Equality. 660 IV. What Is Equality?. 662 A. Competing Kinds of Equality: Subjects, Aims, Values, and Methods. 662 B. Subject:... 1997 Yes
Raj Bhala EQUILIBRIUM THEORY, THE FICAS MODEL, AND INTERNATIONAL BANKING LAW 38 Harvard International Law Journal 1 (Winter, 1997) To find a form that accommodates the mess, that is the task of the artist now. --Samuel Beckett Conventional wisdom finds that international banking law is an applied field. In contrast to a traditional field like constitutional law, in which well-developed bodies of literature exist that draw upon feminist legal theory, critical race theory, law... 1997 Yes
Derek P. Jinks ESSAYS IN REFUSAL: PRE-THEORETICAL COMMITMENTS IN POSTMODERN ANTHROPOLOGY AND CRITICAL RACE THEORY 107 Yale Law Journal 499 (November, 1997) The necessity of reform mustn't be allowed to become a form of blackmail serving to limit, reduce or halt the exercise of criticism. Under no circumstances should one pay attention to those who tell one: Don't criticize, since you're not capable of carrying out a reform. That's ministerial cabinet talk. Critique doesn't have to be the premise of... 1997 Yes
Alfred C. Yen FOREWORD: MAKING US POSSIBLE 4 Asian Law Journal 1 (May, 1997) In many ways, I feel supremely unqualified to write the foreword for a symposium honoring Neil Gotanda. I have known Neil well for only the last three or four years of his long and distinguished career. I have never written anything in the Critical Legal Studies or Critical Race Theory fields that Neil has done so much to advance, and I have... 1997 Yes
David Benjamin Oppenheimer FROM LITTLE ACORNS GREAT OAKS GROW--NEIL GOTANDA'S CONTRIBUTION TO THE LAW PERMITTING GENERAL & PUNITIVE DAMAGES IN EMPLOYMENT DISCRIMINATION CASES 4 Asian Law Journal 63 (May, 1997) Although Neil Gotanda's contributions to critical race scholarship are widely recognized, Gotanda's work as a practitioner has also had great impact. In this article, the author tells how Gotanda drafted a controversial set of regulations for the California Fair Employment Housing Commission which ultimately paved the way for the 1991 amendment... 1997 Yes
Stephen Shie-Wei Fan IMMIGRATION LAW AND THE PROMISE OF CRITICAL RACE THEORY: OPENING THE ACADEMY TO THE VOICES OF ALIENS AND IMMIGRANTS 97 Columbia Law Review 1202 (May, 1997) As a movement, critical race theory endeavors to account for the voices of people of color by exploring the systemic and pervasive nature of racism in society, and by scrutinizing the ways in which current rights jurisprudence fails to attend fully to the ubiquity of racialized attitudes both in society at large and within the legal system itself.... 1997 Yes
Indu M. John INTERNATIONAL DIMENSIONS OF CRITICAL RACE THEORY 91 American Society of International Law Proceedings 408 (April 9-12, 1997) The panel was convened at 8:30 a.m., Saturday, April 12, by its Chair, Enrique R. Carrasco, who introduced the panelists: Neil Gotanda, Boston College Law School; Berta Hernández-Truyol, St. John's University School of Law; Tayyab Mahmud, Cleveland State University, Cleveland-Marshall College of Law; Ruth Gordon, Villanova University School of Law;... 1997 Yes
Stephanie M. Wildman INTRODUCTION: DREAMING IN AMERICA: IN HONOR OF PROFESSOR TRINA GRILLO 31 University of San Francisco Law Review 733 (Summer 1997) TRINA GRILLO was a spiritual person. While she was a brilliant rational thinker with a keen legal mind, she also understood that more informs our human wholeness than simply our brains. She recounted with joy the time she spent singing gospel songs at a critical race theory workshop, where all those powerful minds joined in the unity of prayerful... 1997 Yes
Jonathan R. Macey LAW AND THE SOCIAL SCIENCES 21 Harvard Journal of Law & Public Policy 171 (Fall, 1997) There are a large number of law-ands around: law and philosophy, law and history, law and sociology, law and society, law and critical race theory. A partial explanation for the development of these law-ands is that contemplating the law by itself is pretty boring. Just as the International House of Pancakes would probably not long survive in... 1997 Yes
Anthony Bertelli MARKETING RACISM: THE IMPERIALISM OF RATIONALITY, CRITICAL RACE THEORY, AND SOME INTERDISCIPLINARY LESSONS FOR NEOCLASSICAL ECONOMICS AND ANTIDISCRIMINATION LAW 5 Virginia Journal of Social Policy and the Law 97 (Fall 1997) In coining the term, looking to the bottom, Mari Matsuda asserted that [t]he technique of imagining oneself black and poor in some hypothetical world is less effective than studying the actual experience of black poverty and listening to those who have done so. I view this as a metaphorical invitation for social scientists, such as myself, to... 1997 Yes
Douglas E. Litowitz SOME CRITICAL THOUGHTS ON CRITICAL RACE THEORY 72 Notre Dame Law Review 503 (1997) Critical Race Theory (CRT) is perhaps the fastest growing and most controversial movement in recent legal scholarship, stirring up debate in much the same manner Critical Legal Studies (CLS) did fifteen or twenty years ago. Although CRT was inspired in part by the failure of CLS to focus sufficiently on racial issues, it remains indebted in style... 1997 Yes
Dorothy A. Brown SPLIT PERSONALITIES: TAX LAW AND CRITICAL RACE THEORY 19 Western New England Law Review 89 (1997) The following is a mythical conversation: [Fourth White Colleague]: I don't think that there can be a black legal income tax law or a black economics separate from white economics. Should blacks have additional deductions to take account of racism? Or should there be a longer period for blacks to file their returns because many of their ancestors... 1997 Yes
Charles J. Ogletree, Jr. THE CONFERENCE ON CRITICAL RACE THEORY: WHEN THE RAINBOW IS NOT ENOUGH 31 New England Law Review 705 (Spring 1997) The often referenced play by Ntozake Shange, For Colored Girls Who Have Considered Suicide When The Rainbow is Enuf, demonstrates the complex roles of race, gender, and power in our society. It is also a reminder of the importance of the Second Annual Northeastern People of Color Legal Scholarship Conference at New England Law School, Boston,... 1997 Yes
Alex M. Johnson, Jr. THE UNDERREPRESENTATION OF MINORITIES IN THE LEGAL PROFESSION: A CRITICAL RACE THEORIST'S PERSPECTIVE 95 Michigan Law Review 1005 (February, 1997) Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of... 1997 Yes
Harry Hutchinson TOWARD A CRITICAL RACE REFORMIST CONCEPTION OF MINIMUM WAGE REGIMES: EXPLODING THE POWER OF MYTH, FANTASY, AND HIERARCHY 34 Harvard Journal on Legislation 93 (Winter, 1997) This Article calls for an intense examination of minimum wage regimes in light of the deplorable situation facing many minority, low-skilled workers. The author provides a searching mode of analysis drawn from Critical Race Theory and classical-liberal civil rights scholarship that ferrets out any evidence of discriminatory intent, whether explicit... 1997 Yes
David Benjamin Oppenheimer TRINA GRILLO--A PERSONAL REMEMBRANCE 31 University of San Francisco Law Review 965 (Summer 1997) TRINA GRILLO WAS well known for her work in the areas of alternative dispute resolution, academic support, and critical race/gender theory. This symposium celebrates the important contributions she made to those fields, as well as her inspirational teaching. This personal remembrance acknowledges an area for which Trina was less well known--her... 1997 Yes
Robert A. Williams, Jr. VAMPIRES ANONYMOUS AND CRITICAL RACE PRACTICE 95 Michigan Law Review 741 (February, 1997) I can only explain what Vampires Anonymous has done for me by telling my story. I know, stories, particularly autobiographical stories, are currently being dissed by some law professors. Raised in an overly obsessive, objectively neutralized cultural style, they are plain and simple Storyhaters. Their middle to upper class parents had money, a home... 1997 Yes
Beverly I. Moran, William Whitford A BLACK CRITIQUE OF THE INTERNAL REVENUE CODE 1996 Wisconsin Law Review 751 (1996) This article raises the question of whether the Internal Revenue Code systematically favors whites over blacks. In recent years a small number of scholars in the legal academy have become known as critical race theorists. One main thrust of critical race theory is a belief that racial subordination is everywhere, a structural aspect of all parts of... 1996 Yes
Barbara J. Flagg CHANGING THE RULES: SOME PRELIMINARY THOUGHTS ON DOCTRINAL REFORM, INDETERMINACY, AND WHITENESS 11 Berkeley Women's Law Journal 250 (1996) In each of the past three years I have published a law review article proposing a fundamental change in some aspect of race discrimination doctrine. These articles are congruent with some aspects of Critical Race Theory, in that they describe existing doctrine as deeply (though perhaps unconsciously) racist, they adopt radical racial redistribution... 1996 Yes
Victor F. Caldwell CRITICAL RACE THEORY: THE KEY WRITINGS THAT FORMED THE MOVEMENT. EDITED BY KIMBERLE WILLIAMS CRENSHAW ET AL., FOREWORD BY CORNEL WEST. NEW YORK: THE NEW PRESS, 1995. PP. 494. $60.00. 96 Columbia Law Review 1363 (June, 1996) In its challenge to the construction and representation of race and racial power in American law, Critical Race Theory (CRT) has emerged, with its distinct intellectual genesis, as perhaps the most dynamic and exciting development in contemporary legal thought. The daunting mission of Critical Race Theory, according to Cornell West in his foreword... 1996 Yes
Celina Romany GENDER, RACE/ETHNICITY AND LANGUAGE 9 La Raza Law Journal 49 (Spring, 1996) Buenos días. Welcome to the island. Last night, with co-panelist and friend Professor Angel Oquendo, I was discussing the different perspective of Critical Race Theory acquired after having spent a year back in Puerto Rico. This is a homecoming of sorts since many of us, through the alchemy of a three hour plane ride, maintain our professional... 1996 Yes
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