AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Marc Spindelman THE NEW INTERSECTIONAL AND ANTI-RACIST LGBTQIA+ POLITICS: SOME THOUGHTS ON THE PATH AHEAD 15 ConLawNOW 1 (2023) Something remarkable has been happening lately inside LGBTQIA+ communities and movements. It involves the widespread stirring and shifting of individual and collective political consciousness in directions and to a scale not seen before. These changes to LGBTQIA+ consciousness--and the politics they are producing-- would not be happening without... 2023  
Julie Dahlstrom THE NEW PORNOGRAPHY WARS 75 Florida Law Review 117 (January, 2023) The world's largest online pornography conglomerate, MindGeek, has come under fire for the publishing of rape videos, child pornography, and nonconsensual pornography on its website, Pornhub. In response, as in the pornography wars of the 1970s and 1980s, lawyers and activists have turned to civil remedies and filed creative anti-trafficking... 2023  
Yotam Kaplan THE OTHER VIEW OF THE CATHEDRAL 82 Maryland Law Review 479 (2023) In their celebrated article, now simply known as The Cathedral, Guido Calabresi and Douglas Melamed laid out the choice between property rules and liability rules. The rich and sophisticated literature that followed added multiple new ways to view this basic choice and highlighted the advantages of liability rules. The current Article adds a new... 2023  
Elizabeth Tobin-Tyler THE PAST AND FUTURE OF PARENTAL RIGHTS: POLITICS, POWER, PLURALISM, AND PUBLIC HEALTH 30 Virginia Journal of Social Policy and the Law 312 (Fall, 2023) Introduction. 313 I. The Legal Origins of Parental Rights in the United States. 317 A. Considerations in Articulating the Standard of Review for Parental Rights Cases. 321 II. Current Controversies. 322 A. Healthcare Decision-making. 322 B. Public Health. 325 C. Public Education. 330 D. Parens Patriae and Racial and LGBTQ+ Injustice. 336 III. The... 2023  
Tiffany Yang THE PRISON PLEADING TRAP 64 Boston College Law Review 1145 (May, 2023) Introduction. 1147 I. The Significance of a Prison Grievance. 1154 II. The Design and Function of Prison Grievance Pleading. 1160 A. Setting the Trap. 1161 B. The Trap in Action. 1165 C. The Dangers of Prisons as Rule-Makers. 1175 D. A Brief Meditation on Racial Subordination. 1180 III. Reforming (or Re-forming) the Trap. 1183 A. Existing... 2023  
I. India Thusi THE RACIALIZED HISTORY OF VICE POLICING 69 UCLA Law Review 1576 (September, 2023) Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States--such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and... 2023  
Distinguished Panelists THE ROOTS OF MODERN EDUCATION 35 Regent University Law Review 471 (2022-2023) Mr. Peter Mitchell: Good morning, everyone. Our first panel this morning is titled The Roots of Modern Education. What we want to do is give an overview of how we got to a point in history where I think almost everyone would agree education faces serious challenges, and some would say even a crisis, today. And I just want to ask both of our... 2023  
Dan Friedman THE SPECIAL LAWS PROHIBITION, MARYLAND'S CHARTER COUNTIES, AND THE "AVOIDANCE OF UNTHINKABLE OUTCOMES" 83 Maryland Law Review Online 28 (2023) Recently, Maryland appellate courts have suggested that county councils in Maryland's charter home rule counties are prohibited from adopting laws that violate the State constitutional prohibition on special laws. Although none of the traditional techniques of constitutional interpretation require that this should be the case, this article suggests... 2023  
Mariela Olivares THE UNPRAGMATIC FAMILY LAW OF MARGINALIZED FAMILIES 136 Harvard Law Review Forum 363 (April, 2023) In her excellent article Pragmatic Family Law, Professor Clare Huntington argues that divisive issues roiling U.S. politics, law, and society--such as abortion rights, gender-affirming health care for children, and parental involvement in and control over public school curricula regarding race and identity--have put a spotlight on family law. She... 2023  
Distinguished Panelists THE WOKE WORLD: WHERE IS EDUCATION TODAY? 35 Regent University Law Review 525 (2022-2023) The Honorable Alice Batchelder: First of all, I'm really, really pleased to be here at Regent. It's my first time here, although I've certainly been hearing a lot about Regent over the years. It occurs to me that maybe I should tell you my first actual experience with Regent, which was probably fourteen or fifteen years ago. I was one of many... 2023  
Tiffany D. Atkins THESE BRUTAL INDIGNITIES: THE CASE FOR CRIMES AGAINST HUMANITY IN BLACK AMERICA 111 Kentucky Law Journal 61 (2022-2023) L1-2Table of Contents . R361. L1-2Abstract . R362. L1-2Introduction . R363. I. The Historical Evidence. 66 A. Origins of Genocide. 68 B. Claims of Genocide. 69 i. Killing of Members of the Group. 69 ii. Causing Serious Mental Harm to Members Through Psychological Terror. 73 iii. Economic Genocide. 75 iv. Conspiracy to Commit Genocide Through... 2023  
Neoshia R. Roemer UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW 56 Family Law Quarterly 31 (2022-2023) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... 2023  
Danielle Pelfrey Duryea , Peggy Maisel , Kelley Saia, MD UN-ERASING RACE IN A MEDICAL-LEGAL PARTNERSHIP: ANTIRACIST HEALTH JUSTICE ADVOCACY BY DESIGN 70 Washington University Journal of Law & Policy 97 (2023) [I]t is only by naming racism, asking the question How is racism operating here? and then mobilizing with others to actually confront the system and dismantle it that we can have any significant or lasting impacts on the pervasive racial health disparities that have plagued this country for centuries. --Camara Phyllis Jones, MD, MPH, PhD This... 2023  
Lindsay F. Wiley UNIVERSALISM, VULNERABILITY, AND HEALTH JUSTICE 70 UCLA Law Review Discourse 204 (5/27/2023) This Essay responds to two recent articles which, on the surface, appear to pull the health justice movement in different directions: Angela Harris and Aysha Pamukcu's The Civil Rights of Health and Martha Albertson Fineman's Vulnerability and Social Justice. As a framework for health law scholarship and advocacy, health justice emphasizes... 2023  
Khaled A. Beydoun , Nura A. Sediqe UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA 111 California Law Review 465 (April, 2023) For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... 2023  
Jon D. Michaels , David L. Noll VIGILANTE FEDERALISM 108 Cornell Law Review 1187 (July, 2023) In battles over abortion, religion, sexuality, gender, and race, state legislatures are mass producing a new weapon. From Texas's S.B. 8 to book bans and a flurry of bills empowering parents to sue schools that acknowledge LGBTQ+ identities or implement anti-racist curricula, state legislatures are enacting laws that call on private parties--and... 2023  
Yuvraj Joshi WEAPONIZING PEACE 123 Columbia Law Review 1411 (June, 2023) American racial justice opponents regularly wield a desire for peace, stability, and harmony as a weapon to hinder movement toward racial equality. This Essay examines the weaponization of peace historically and in legal cases about property, education, protest, and public utilities. Such peace claims were often made in bad faith and with little or... 2023  
Eric Martínez , Kevin Tobia WHAT DO LAW PROFESSORS BELIEVE ABOUT LAW AND THE LEGAL ACADEMY? 112 Georgetown Law Journal 111 (October, 2023) Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article... 2023  
Susan A. McMahon WHAT WE TEACH WHEN WE TEACH LEGAL ANALYSIS 107 Minnesota Law Review 2511 (June, 2023) A student enters law school in the fall of 2022, as tumult rages all around her. A pandemic has taken close to 900,000 American lives, disproportionately Black and Brown, laying bare yet again the structural inequities that haunt American society. Protestors filled the streets two years ago, enraged at the murder of a man under the knee of a police... 2023  
Cara McClellan WHEN CLAIMS COLLIDE: STUDENTS FOR FAIR ADMISSIONS v. HARVARD AND THE MEANING OF DISCRIMINATION 54 Loyola University Chicago Law Journal 953 (Spring, 2023) This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College's race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions... 2023  
Alexis Hoag-Fordjour WHITE IS RIGHT: THE RACIAL CONSTRUCTION OF EFFECTIVE ASSISTANCE OF COUNSEL 98 New York University Law Review 770 (June, 2023) The legal profession is and has always been white. Whiteness shaped the profession's values, culture, and practice norms. These norms helped define the profession's understanding of reasonable conduct and competency. In turn, they made their way into constitutional jurisprudence. This Article interrogates the role whiteness plays in determining... 2023  
Dylan R. Blackburn WHO'S IN CHARGE?: THE CONSTITUTIONAL CONFUSION CHALLENGING NORTH CAROLINA'S PUBLIC SCHOOL SYSTEM 101 North Carolina Law Review 517 (January, 2023) For decades, North Carolina's public schools have grappled with a foundational question--who's in charge? North Carolina's state constitution provides for an elected state superintendent of public instruction and an appointed state board of education. The constitution clearly places the board in a superior policymaking role, but its text offers... 2023  
Sonia M. Gipson Rankin WOULD YOU MAKE IT TO THE FUTURE? TEACHING RACE IN AN ASSISTED REPRODUCTIVE TECHNOLOGIES AND THE LAW CLASSROOM 56 Family Law Quarterly 1 (2022-2023) Would you make it to the future? For the last five years, I have started my Assisted Reproductive Technology (ART) lecture in Family Law with this question. Students take the query seriously. They ponder their lived experiences such as home training, medical history, education, financial well-being, personality traits, work ethic, and social graces... 2023  
Charisa Smith YOUTH VISIONS AND EMPOWERMENT: RECONSTRUCTION THROUGH REVOLUTION 75 Rutgers University Law Review 825 (Spring, 2023) We've had this idea of growing up thinking, what the heck is this? What the heck is going on? .. [T]his isn't right. This is crazy. We need a whole new system .. OK, you guys might have been raised to think that this system benefits you, but you've been brainwashed. Let us give it to you straight. --Lily Mandel at age seventeen, organizer at Bucks... 2023  
Harvey Gee "BANG!": SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY, PREDICTIVE POLICING, AND MEASURING TERRY'S REACH 55 University of Michigan Journal of Law Reform 767 (Summer, 2022) ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights... 2022  
Kylee Verrill "COLLATERAL" DAMAGE: IMPLICATIONS OF THE ZERO-TOLERANCE POLICY ON IMMIGRATION 25 Quinnipiac Health Law Journal 333 (2022) Introduction. 335 I. The Fundamentals of U.S. Immigration Law. 335 II. Executive Influence and the Zero-Tolerance Policy. 337 III. Discussion. 341 a. The Zero-Tolerance Policy and the Principles of Immigration Law. 341 b. The Zero-Tolerance Policy and Sociological Issues. 342 c. The Zero-Tolerance Policy and Psychological Trauma. 343 d. Migrant... 2022  
Darren Lenard Hutchinson "WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION 110 California Law Review 371 (April, 2022) United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... 2022  
Leslie P. Culver , Elizabeth Kronk-Warner #INCLUDETHEIRSTORIES: RETHINKING, REIMAGINING, AND RESHAPING LEGAL EDUCATION 2022 Utah Law Review 709 (2022) On January 23, 2021, Professor Alexa Chew of the University of North Carolina School of Law tweeted, Does this already exist: A law journal symposium w papers adding race/gender/etc context for core 1L casebook cases? The papers would be written for a law student audience + symposium issue could be a free study aid/companion for 1Ls. Weeks... 2022  
Jonathan D. Glater A BRIEF REFLECTION ON THE DOCTRINAL ENTRENCHMENT OF INEQUALITY: BRACH v. NEWSOM 13 California Law Review Online 66 (September, 2022) Introduction. 66 I. Fed-up Pandemic Parents: Brach v. Newsom. 68 II. Precedents and the Perpetuation of Inequality: The Appellate Panel Majority's Reading of Supreme Court Doctrine. 70 III. Critique. 75 Conclusion. 77 2022  
Tom I. Romero, II A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST 2022 Utah Law Review 751 (2022) Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... 2022  
Todd A. DeMitchell, Ed.D., Richard Fossey, J.D., Ed.D., Terri A. DeMitchell, J.D., M.A., M.Ed. A MORAL PANIC, BANNING BOOKS, AND THE CONSTITUTION: THE RIGHT TO DIRECT THE UPBRINGING AND THE RIGHT TO RECEIVE INFORMATION IN A TIME OF INFLECTION 397 West's Education Law Reporter 905 (14-Apr-22) I'm sure we've got hundreds of people out there that would like to see those books before we burn them, said [Virginia Spotsylvania County School board member,] Kirk Twigg. Just so we can identify, within our community, that we are eradicating this bad stuff. [I]t's not just the books under fire now that worry me. It is the books that will never... 2022  
Julie C. Suk A WORLD WITHOUT ROE: THE CONSTITUTIONAL FUTURE OF UNWANTED PREGNANCY 64 William and Mary Law Review 443 (November, 2022) With the demise of Roe v. Wade, the survival of abortion access in America will depend on new legal paths. In the same moment that Dobbs v. Jackson Women's Health Organization has constrained access to abortion in the United States, other constitutional democracies have moved in the opposite direction, expanding access to safe, legal, and free... 2022  
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022  
Jeannie Suk Gersen ACADEMIC FREEDOM AND DISCRIMINATION IN A POLARIZING TIME 59 Houston Law Review 781 (Symposium, 2022) Academic freedom is under attack from both the left and the right. The very notion of academic freedom is at stake as liberals and conservatives attack exercises of it that do not align with their political goals. Moreover, those who purport to champion academic freedom frequently end up attempting to restrict it. This trend has accompanied an... 2022  
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022  
Zoe Masters AFTER DENIAL: IMAGINING WITH EDUCATION JUSTICE MOVEMENTS 25 University of Pennsylvania Journal of Law and Social Change 219 (2022) Abstract. In many U.S. states, Republican lawmakers are working to restrict how children can learn about racism. This article puts these efforts in context as part of a larger phenomenon of denial, which is integral to the social construction and maintenance of white supremacy. Denial has long been embedded in the constitutional framework that all... 2022  
Gabriela Vasquez AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS 28 National Black Law Journal 1 (2022) Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... 2022  
Thalia González, Alexis Etow, Cesar De La Vega AN ANTIRACIST HEALTH EQUITY AGENDA FOR EDUCATION 50 Journal of Law, Medicine & Ethics 31 (Spring, 2022) Keywords: Education Law and Policy, School Discipline and Policing, Structural Discrimination, Racism is a Public Health Crisis, Social Determinants of Health, Antiracist Health Equity Agenda Abstract: With growing public health and health equity challenges brought to the forefront--following racialized health inequities resulting from COVID-19 and... 2022  
L. Kate Mitchell, Maya K. Watson, Abigail Silva, Jessica L. Simpson AN INTER-PROFESSIONAL ANTIRACIST CURRICULUM IS PARAMOUNT TO ADDRESSING RACIAL HEALTH INEQUITIES 50 Journal of Law, Medicine & Ethics 109 (Spring, 2022) Keywords: Antiracism, Health, Equity, Curriculum, Interprofessional Abstract: Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life... 2022  
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022  
Danielle M. Conway ANTIRACIST LAWYERING IN PRACTICE BEGINS WITH THE PRACTICE OF TEACHING AND LEARNING ANTIRACISM IN LAW SCHOOL 2022 Utah Law Review 723 (2022) I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal... 2022  
Andrea A. Curcio, Alexis Martinez ARE DISCIPLINE CODE PROCEEDINGS ANOTHER EXAMPLE OF RACIAL DISPARITIES IN LEGAL EDUCATION? 22 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2022) Addressing racism within legal education has historically focused on diversifying the faculty and student body, as well as integrating teaching about institutional and structural racism into the law school curriculum. More recently, law school faculty have begun to focus on creating an inclusive campus culture, which requires looking at all systems... 2022  
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022  
Berta Esperanza Hernández-Truyol AWAKENING THE LAW: A LATCRITICAL PERSPECTIVE 20 Seattle Journal for Social Justice 927 (Summer, 2022) The law is asleep; it needs awakening--a concept deployed across myriad disciplines to denote attaining a deep consciousness about and connection with the human condition, human actions, and their consequences. The outcome of an awakening is a realization of raw truths that allows seeing realities otherwise obscured by our perceptual... 2022  
LaToya Baldwin Clark BARBED WIRE FENCES: THE STRUCTURAL VIOLENCE OF EDUCATION LAW 89 University of Chicago Law Review 499 (March, 2022) In this Essay, I argue that, in urban metros like Chicago, poor Black children are victims of not just gun violence but also the structural violence of systemic educational stratification. Structural violence occurs in the context of domination, where poor Black children are marginalized and isolated, vulnerable to lifelong subordination across... 2022  
Mary Kate McGowan BEYOND SPEECH ACTS: ON HATE SPEECH AND THE UBIQUITY OF NORM ENACTMENT 20 Georgetown Journal of Law & Public Policy 1055 (Special Issue 2022) This paper argues against two frameworks for thinking about how language functions. The first such framework treats language use as primarily in the business of communicating content. On this content expression view, when we say things, we are only making claims about the world and/or offering considerations for or against such claims. It is shown... 2022  
Goldburn P. Maynard Jr. BIDEN'S GAMBIT: ADVANCING RACIAL EQUITY WHILE RELYING ON A RACE-NEUTRAL TAX CODE 131 Yale Law Journal Forum 656 (9-Jan-22) abstract. The American Rescue Plan Act was both a major infusion of economic aid to low-income and middle-class Americans and an opportunity for the Biden Administration to keep its promise to promote racial equity. This Essay analyzes ARPA's major provisions to determine their potential impact on racial equity. It argues that the Biden... 2022  
Kyler J. Palmer BOSTOCK, BACKLASH, AND BEYOND THE PALE: RELIGIOUS RETRENCHMENT AND THE FUTURE OF LGBTQ ANTIDISCRIMINATION ADVOCACY IN THE WAKE OF TITLE VII PROTECTION 15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) The Supreme Court's landmark decision in Bostock v. Clayton County is an influential ruling affecting future LGBTQ rights projects. However, the Court's ability to produce social and political change through legally formalistic decisions related to highly contentious social issues is routinely undercut by public backlash. In the context of LGBTQ... 2022  
Kevin R. Johnson BRINGING RACEXGENDER EQUALITY TO THE UNEQUAL PROFESSION 51 Southwestern Law Review 200 (2022) Meera Deo's powerful book, Unequal Profession, sheds much light on the stunning inequalities facing women of color in legal academia. Collecting a wealth of quantitative and qualitative data, the book reveals the stark raceXgender (race multiplied by gender) disadvantages faced by women of color law professors. By Deo's account, the barriers to... 2022  
Bryan Castro CAN YOU PLEASE SEND SOMEONE WHO CAN HELP? HOW QUALIFIED IMMUNITY STOPS THE IMPROVEMENT OF POLICE RESPONSE TO DOMESTIC VIOLENCE AND MENTAL HEALTH CALLS 16 Harvard Law & Policy Review 581 (Summer, 2022) Society interacts with the police in many ways. However, there is a great deal of tension between the police and the public at large. This paper focuses on the tension between domestic violence victims, persons with significant psychological conditions (PWSPC), and the police. Currently, police spend equal amounts of time with these two groups as... 2022  
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