AuthorTitleCitationSummaryYear
Dennis M. Teravainen FEDERAL LAW'S INDIFFERENCE TO HOUSING DISCRIMINATION BASED ON SEXUAL ORIENTATION 7 Suffolk Journal of Trial and Appellate Advocacy 11 (2002) The purpose of this Note is to report the extent that federal law fails to prohibit sexual orientation discrimination in general housing practices such as the sale, rental, or lease of a residence. Many states and local communities prohibit housing discrimination based on sexual orientation, including Massachusetts and several of its cities and... 2002
Laura M. Padilla GENDERED SHADES OF PROPERTY: A STATUS CHECK ON GENDER, RACE & PROPERTY 5 Journal of Gender, Race and Justice 361 (Spring 2002) Approximately 75% of women between the ages of twenty and fifty-four now work, including nearly 65% of women with children under the age of six. Yet, women on average still earn between 70% to 75% of what men earn. Working women also continue to perform between two to three times as much housework as men, remain overwhelmingly responsible for child... 2002
Clifford C. Schrupp GENTRIFICATION AND FAIR HOUSING LAWS: THE DETROIT EXPERIENCE 4 Journal of Law in Society 13 (Fall, 2002) Is it gentrification when hundreds, even thousands, of African American middle and upper middle class single persons and families purchase and rehabilitate homes, buy units in housing cooperatives or condominiums, or purchase or rent and rehabilitate apartments and lofts in central city neighborhoods that had previously been occupied primarily by... 2002
Gordon Cavanaugh GLOBALIZATION OF AN AFFORDABLE HOUSING NONPROFIT 11-WTR Journal of Affordable Housing & Community Development Law 121 (Winter, 2002) The Cooperative Housing Foundation (CHF) was established in 1952 to take advantage of the 1950 addition of section 213 to the National Housing Act, which permitted blanket mortgage insurance of cooperatives by the Federal Housing Administration. CHF has launched more than 61,000 cooperative units, both sales and membership, throughout the country,... 2002
Andrea B. Berkowitz HOMELESS CHILDREN DREAM OF COLLEGE TOO: THE STRUGGLE TO PROVIDE AMERICA'S HOMELESS YOUTH WITH A VIABLE EDUCATION 31 Hofstra Law Review 515 (Winter 2002) In the third grade, Chuck Bacon attended eight different schools. He never had the opportunity to attend the fourth grade because his family lived in abandoned houses, in the family car, or outside in open fields. He bathed himself at a gas station and slept on a piece of cardboard. When he was twelve, he and his younger brothers began their... 2002
Lee Anne Fennell HOMES RULE 112 Yale Law Journal 617 (December, 2002) The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, and Land-Use Policies. By William A. Fischel. Cambridge: Harvard University Press, 2001. Pp. 329. $45.00. In this important new book on local governance, economist William Fischel presents and defends a deceptively simple and intuitively resonant... 2002
Deborah Kenn HOUSING CHOICE CASE STUDIES: THE TWIN CITIES REGION IN MINNESOTA AND CITY OF ROCHESTER/MONROE COUNTY, NEW YORK 11-SPG Journal of Affordable Housing & Community Development Law 303 (Spring, 2002) Throughout our nation, cities continue to struggle with the pernicious problem of housing segregation. Housing segregation proves itself an extremely troublesome and persistent force. The effects of historical patterns of housing segregation have become so entrenched that efforts to reverse these patterns can seem futile at worst, a drop in the... 2002
Barbara Ehrlich Kautz IN DEFENSE OF INCLUSIONARY ZONING: SUCCESSFULLY CREATING AFFORDABLE HOUSING 36 University of San Francisco Law Review 971 (Summer 2002) A CALIFORNIA COURT of appeal has decisively upheld the constitutionality of inclusionary zoning--a program that in the past twenty-five years has housed over 50,000 low- and moderate-income families in new homes that they would otherwise have been unable to afford. Inclusionary zoning requires a developer of new residences to make a certain... 2002
Jennifer C. Chang IN SEARCH OF FAIR HOUSING IN CYBERSPACE: THE IMPLICATIONS OF THE COMMUNICATIONS DECENCY ACT FOR FAIR HOUSING ON THE INTERNET 55 Stanford Law Review 969 (December, 2002) Introduction. 970 I. The Fair Housing Act in Cyberspace. 973 A. The Harms of Discriminatory Housing Listings. 973 B. Holding Online Service Providers Liable Under the Fair Housing Act. 977 II. The Communications Decency Act. 982 A. Text. 982 B. Legislative History. 988 C. Case Lore: § 230 According to the Courts. 994 1. Zeran v. America Online,... 2002
Maria Grahn-Farley INTERNATIONAL CHILD RIGHTS AT HOME & ABROAD: A SYMPOSIUM ON THE UN CONVENTION ON THE RIGHTS OF THE CHILD 30 Capital University Law Review 657 (2002) Foreword: Crossing Borders Maria Grahn-Farley The Non-Discrimination Principle and Its Effect on the Education of Roma Children in the Czech Republic Leslie Burton Sex and AIDS Education in the United States: Implications of the UN Convention on the Rights of the Child Jason R. Hight Children's Rights to Health Care and Participation: United... 2002
Peter H. Schuck JUDGING REMEDIES: JUDICIAL APPROACHES TO HOUSING SEGREGATION 37 Harvard Civil Rights-Civil Liberties Law Review 289 (Summer, 2002) Using the law to promote diversity in residential communities is probably more difficult than promoting it in any other public policy domain. Many reasons for this difficulty arise from the distinctive nature of housing markets, which in turn reflects the unique ethos that surrounds housing in American culture. Other problems are endemic to public... 2002
Duncan Kennedy LEGAL ECONOMICS OF U.S. LOW INCOME HOUSING MARKETS IN LIGHT OF "INFORMALITY" ANALYSIS 4 Journal of Law in Society 71 (Fall, 2002) This essay proposes a general framework for understanding the phenomenon of neighborhood transitions in low income housing markets in large urban areas. It is an attempt to bring to bear on typical Unitedstatesean phenomena the insights of a number of legal and nonlegal disciplines and subdisciplines that have up to now had little to say to one... 2002
John R. Thomas LIBERTY AND PROPERTY IN THE PATENT LAW 39 Houston Law Review 569 (2002) I. Patenting As Privatization. 571 II. Patenting and Public Advocacy. 580 A. Patenting Abortion. 580 B. Patenting Law. 585 C. Patenting Speech. 588 III. Patent Enforcement as State Action. 592 A. Patent Fundamentals and State Action. 594 B. The Licensing Cases. 597 C. The Speech Cases. 599 IV. Contemporary Patenting Trends and Constitutional... 2002
Tim Iglesias MANAGING LOCAL OPPOSITION TO AFFORDABLE HOUSING: A NEW APPROACH TO NIMBY 12-FALL Journal of Affordable Housing & Community Development Law 78 (Fall, 2002) San Marcos, CAOfficials from Casa de Amparo, a home for abused and neglected children in Oceanside, thought everything was going well for their plans to relocate to San Marcos. At the first two workshops, things were going swimmingly for us, said Jerry Stein, chairman of Casa's building committee. But Casa officials say they now are trying to... 2002
by David L. Hudson, Jr. Meyer 2001-02 Preview of United States Supreme Court Cases 140 (November 29, 2002) Corporate owners and officers generally cannot be held personally liable for the unlawful acts of a subordinate unless they directly participated in or authorized the subordinate's wrongful conduct. The Fair Housing Act, however, provides broad protection to victims of housing discrimination and the Court must now address whether the sole owner,... 2002
Michael Kagan , William P. Johnson PERSECUTION IN THE FOG OF WAR: THE HOUSE OF LORDS' DECISION IN ADAN 23 Michigan Journal of International Law 247 (Winter 2002) Of all the words in the international refugee definition, for reasons of are possibly the most forgettable. Yet these three words are leading some courts and tribunals to deny asylum to people at risk of the most serious human rights violations when committed in the context of civil war. International law requires that a refugee have a... 2002
Dennis Dunmyer PITTSBURGH COMMISSION ON HUMAN RELATIONS v. DEFELICE: THE COMMONWEALTH COURT OF PENNSYLVANIA HOLDS THAT IT IS DISCRIMINATION UNDER THE PITTSBURGH CODE TO OFFER DISPARATE RENTAL RATES 11 Widener Journal of Public Law 319 (2002) In Pittsburgh Commission on Human Relations v. DeFelice, the Commonwealth Court of Pennsylvania, in a case of first impression, affirmed the decision of the Pittsburgh Commission on Human Relations, holding that a rental property owner discriminated against members of a protected class by offering disparate rates. Additionally, the court affirmed... 2002
Kristen D.A. Carpenter PROMISE ENFORCEMENT IN PUBLIC HOUSING: LESSONS FROM ROUSSEAU AND HUNDERTWASSER 76 Tulane Law Review 1073 (March, 2002) This Article presents a new theory of public-housing reform called Promise Enforcement. Promise Enforcement is based upon Rousseau's social contract and consists of three elements: contextual thinking, valuing individuality, and comprehensive responsibility. The theory is elucidated through the work of the late Viennese artist Friedensreich... 2002
Peter W. Salsich, Jr. PROPERTY LAW SERVES HUMAN SOCIETY: A FIRST-YEAR COURSE AGENDA 46 Saint Louis University Law Journal 617 (Summer 2002) Property law is about people and how they use things. The people element underlies the two branches of property law, estates, also known as probate law, and real estate. However, it often gets obscured because of the emphasis on things in those two branches. Practicing property lawyers affectionately mark the distinction between the two branches... 2002
Leland Ware RACE AND URBAN SPACE: HYPERSEGREGATED HOUSING PATTERNS AND THE FAILURE OF SCHOOL DESEGREGATION 9 Widener Law Symposium Journal 55 (2002) Reports of the 2000 census confirm a disturbing pattern: while America is becoming more racially and ethnically diverse, the nation's inner cities are more segregated today than they were 50 years ago. The Fair Housing Act of 1968 outlawed discrimination in the sale and rental of housing on the basis of race, religion and national origin. During... 2002
Cara Hendrickson RACIAL DESEGREGATION AND INCOME DECONCENTRATION IN PUBLIC HOUSING 9 Georgetown Journal on Poverty Law and Policy 35 (Winter, 2002) On November 28, 1993, 43-year-old Yetta M. Adams froze to death on a bench across the street from the Department of Housing and Urban Development (HUD) in Washington, D.C. According to a childhood friend, Ms. Adams was a former child care worker, now homeless, who had sought shelter on that cold night but was turned away. Housing Secretary... 2002
Spencer Overton RACIAL DISPARITIES AND THE POLITICAL FUNCTION OF PROPERTY 49 UCLA Law Review 1553 (June, 2002) Race theorists note that racial discrimination has shaped the existing distribution of economic resources, and use this observation to justify reparations, to defend affirmative action, and to call for other legal changes that would improve the socioeconomic status of people of color. This Article takes the theorists' observation further. Property... 2002
Bradley J. Nicholson REFLECTIONS ON CAPITALISM, PROPERTY, AND THE LAW OF SLAVERY 27 Oklahoma City University Law Review 151 (Spring 2002) The connection between the rise of capitalism and the appearance, and later disappearance, of slavery in the New World has held great fascination for many scholars. In particular, the relationship between law, capitalism, and slavery has received a great deal of attention. Some have focused on the relationship between only two of these three... 2002
Drew S. Days, III RETHINKING THE INTEGRATIVE IDEAL: HOUSING 33 McGeorge Law Review 459 (Spring, 2002) Nobody talks about racial integration anymore. Is it because we don't believe in it? That we never believed in it? Is it because whites think that African-Americans have turned their backs on the integrative ideal? Have blacks endured too many acts of racism to trust even the most sincere white avowals of commitment to a shared destiny in America?... 2002
Florence Wagman Roisman TEACHING ABOUT INEQUALITY, RACE, AND PROPERTY 46 Saint Louis University Law Journal 665 (Summer 2002) That the federal government, including HUD, has a long history of having precipitated and perpetuated housing discrimination, there can be no question . . . . The federal government's home-ownership programs also reinforced discrimination and separation by income and race in our housing markets. The earliest Federal Housing Administration (FHA)... 2002
David D. Haddock, Lynne Kiesling THE BLACK DEATH AND PROPERTY RIGHTS 31 Journal of Legal Studies 545 (June, 2002) The Black Death visited unprecedented mortality rates on Europe, realigning relative values of factors of production, and in consequence the costs and benefits of defining and enforcing property rights. Our model refines the conceptual range of shared claims that exist between open access and private property, improving analysis of the postplague... 2002
Joshua W. Dixon THE CASE AGAINST A NONDELEGABLE DUTY ON OWNERS TO PREVENT FAIR HOUSING ACT VIOLATIONS 69 University of Chicago Law Review 1293 (Summer 2002) Imagine that the owner of a residential investment property hires a broker to find tenants for the property. The owner specifically instructs the broker not to discriminate in the selection of tenants, and takes affirmative steps to ensure that the broker does not do so. Without the owner's knowledge, the broker discriminates while selecting... 2002
Jane B. Baron THE EXPRESSIVE TRANSPARENCY OF PROPERTY 102 Columbia Law Review 208 (January, 2002) This Essay examines expressive theories of law. In two new books, property theorist Joseph Singer condemns the dominant, absolutist conception of property for failing to express the full range of our values; he suggests its replacement with a model, epitomized by the generous commitment of Malden Mills owner Aaron Feuerstein to rebuild his plant... 2002
John F. Stanton THE FAIR HOUSING ACT AND INSURANCE: AN UPDATE AND THE QUESTION OF DISABILITY DISCRIMINATION 31 Hofstra Law Review 141 (Fall 2002) It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. Little imagination is needed to understand the paramount importance of eliminating unfair discrimination in housing. To combat such discrimination, Congress passed the Fair Housing Act (FHA) over thirty years ago.... 2002
Brian K. Payne, Randy R. Gainey, Department of Sociology and Criminal Justice Old Dominion University THE INFLUENCE OF DEMOGRAPHIC FACTORS ON THE EXPERIENCE OF HOUSE ARREST 66-DEC Federal Probation 64 (December, 2002) A GREAT DEAL of research has focused on how various groups perceive and experience incarceration. Research into this area is justified on the grounds that understanding will yield information about appropriate strategies to effectively and efficiently supervise, protect, and treat incarcerated offenders. Groups whose incarceration experiences have... 2002
Jonathan Kahn THE KING & I 19 Constitutional Commentary 813 (Winter 2002) Last fall, while reading Theodore Rex, Edmund Morris's impressive second installment of his multi-volume biography of Theodore Roosevelt, I happened upon an article in The New Yorker by Malcolm Gladwell titled The Talent Myth: Are Smart People Overrated? Gladwell describes the talent mind-set that has become new orthodoxy of American... 2002
Duncan Kennedy THE LIMITED EQUITY COOP AS A VEHICLE FOR AFFORDABLE HOUSING IN A RACE AND CLASS DIVIDED SOCIETY 46 Howard Law Journal 85 (Fall 2002) The limited equity cooperative is a form of housing tenure in which shareholder residents manage their buildings, within limits imposed by a charter, and have the right to get back what they have paid for their shares plus an allowance for improvements, if and when they decide to leave. The limited equity cooperative (hereinafter LEC) is neither... 2002
Edward A. Zelinsky THE ONCE AND FUTURE PROPERTY TAX: A DIALOGUE WITH MY YOUNGER SELF 23 Cardozo Law Review 2199 (August, 2002) I am not quite sure when I finally evolved from a brash young law professor into an irascible middle aged law professor, but I do not doubt that the evolution is now complete. As I look back on my youth (expansively defined as the first forty years of my life), I now realize that, when younger, I was blessed in many ways, some obvious, some less... 2002
Craig Anthony (Tony) Arnold THE RECONSTITUTION OF PROPERTY: PROPERTY AS A WEB OF INTERESTS 26 Harvard Environmental Law Review 281 (2002) Property matters to the environment. In an odd and surprising irony, a robust, comprehensive concept of private property is necessary to advance environmental values, and conversely, a decline in the importance and meaning of property hurts environmental values. In particular, the modern concept of property as a bundle of rights diminishes the... 2002
Rachel Rubey THERE'S NO PLACE LIKE HOME: HOUSING FOR THE MOST VULNERABLE INDIVIDUALS WITH SEVERE MENTAL DISABILITIES 63 Ohio State Law Journal 1729 (2002) Individuals with severe mental disabilities have difficulty obtaining safe and affordable housing despite Congressional efforts to eradicate disability discrimination. This note examines the barriers that exist in private housing, public housing, and housing operated by mental health service providers that leave some individuals with mental... 2002
Robert H. Freilich TIME, SPACE, AND VALUE IN INVERSE CONDEMNATION: A UNIFIED THEORY FOR PARTIAL TAKINGS ANALYSIS 24 University of Hawaii Law Review 589 (Summer, 2002) Many of the perplexing issues of regulatory takings jurisprudence have slowly but surely been resolved by the United States Supreme Court. The significant milestone cases from Penn Central Transportation Co. v. City of New York to Palazzolo v. Rhode Island have established four fundamental categories of takings with fairly clear articulation: (1) a... 2002
Douglas A. Kysar U.S. CENSUS BUREAU, U.S. DEP'T OF COMMERCE, CENSUS 2000: CENSUS OF POPULATION AND HOUSING (2001), HTTP://FACTFINDER.CENSUS.GOV. 87 Cornell Law Review 853 (March, 2002) Introduction. 854 I. The Headcount. 858 A. Overview of Census Law and History. 859 B. The 2000 Census of Population and Housing. 864 C. Privacy and the Census. 870 II. The Head Game. 875 A. Segmenting the Census. 877 B. Selling to Segments. 883 III. The Headcount Head Game?. 887 A. Comprehending Consumer Behavior. 888 B. Assessing the Census... 2002
Graeme W. Austin VALUING "DOMESTIC SELF-DETERMINATION" IN INTERNATIONAL INTELLECTUAL PROPERTY JURISPRUDENCE 77 Chicago-Kent Law Review 1155 (2002) That intellectual property rights are strictly territorial once seemed a relatively straightforward idea. Unlicensed sale of patented products in both Germany and the United Kingdom gave rise to distinct causes of action in German and English courts. Canadian trademark law governed distribution of trademarked products in Canada, even where... 2002
Tara M. Vrettos VICTIMIZING THE VICTIM: EVICTING DOMESTIC VIOLENCE VICTIMS FROM PUBLIC HOUSING BASED ON THE ZERO-TOLERANCE POLICY 9 Cardozo Women's Law Journal 97 (2002) In the early morning of August 2, 1999, Tiffani Ann Alvera was physically assaulted by her husband, Humberto Mota, in their Seaside, Oregon apartment. The assault was so brutal that Ms. Alvera sustained a concussion and a broken cheekbone. Ms. Alvera immediately sought and obtained a temporary restraining order against her husband. The restraining... 2002
David B. Ezra "GET YOUR ASHES OUT OF MY LIVING ROOM!": CONTROLLING TOBACCO SMOKE IN MULTI-UNIT RESIDENTIAL HOUSING 54 Rutgers Law Review 135 (Fall, 2001) In this Article, the Author addresses one of the newer fronts in the battle between smokers and nonsmokersthe home. The Article suggests that existing legal precedent allows property owners and managers to regulate or prohibit smoking in various residential settings. After presenting a short history of tobacco regulation, the Author discusses the... 2001
Sam Stonefield AFFORDABLE HOUSING IN SUBURBIA: THE IMPORTANCE BUT LIMITED POWER AND EFFECTIVENESS OF THE STATE OVERRIDE TOOL 22 Western New England Law Review 323 (2001) An Act providing for the construction of low and moderate income housing in cities and towns and providing for relief from local restrictions hampering such construction. Title of chapter 777 of the Acts and Resolves of 1969 Developing communities must make realistically possible the opportunity for an appropriate variety and choice of housing... 2001
Orly Lobel CLASS AND CARE: THE ROLES OF PRIVATE INTERMEDIARIES IN THE IN-HOME CARE INDUSTRY IN THE UNITED STATES AND ISRAEL 24 Harvard Women's Law Journal 89 (Spring, 2001) This is an interesting business. It's about selling people to people. Nanny employment agency manager, Massachusetts I explain to the families, Your careworker is also a person, even if she is Filipina. Foreign careworker employment agency manager, Tel-Aviv Worker mistreatment and non-compliance with labor standards are widespread phenomena in... 2001
Robert D. Carroll CONNECTICUT RETRENCHES: A PROPOSAL TO SAVE THE AFFORDABLE HOUSING APPEALS PROCEDURE 110 Yale Law Journal 1247 (May, 2001) The Connecticut General Assembly recently enacted significant changes to the state's Affordable Housing Appeals Procedure. This Note explains why these amendments, which took effect on October 1, 2000, fail to advance the statute's original purpose of increasing the amount of low- and moderate-income housing throughout Connecticut. The amendments,... 2001
Terry J. Tondro CONNECTICUT'S AFFORDABLE HOUSING APPEALS STATUTE: AFTER TEN YEARS OF HOPE, WHY ONLY MIDDLING RESULTS? 23 Western New England Law Review 115 (2001) It is said . . . that the effect of the [zoning] ordinance is to divert this natural development elsewhere . . . . But the village [of Euclid], though physically a suburb of Cleveland, is politically a separate municipality, with powers of its own and authority to govern itself as it sees fit within the limits of the organic law of its creation and... 2001
Kristen L. Aggeler CROSSING THE CLASS AND COLOR LINES: FROM PUBLIC HOUSING TO WHITE SUBURBIA 33 Urban Lawyer 209 (Winter, 2001) Leonard S. Rubinowitz and James E. Rosenbaum The University of Chicago Press; 2000; 214 pages; ISBN 0-226-73089-1; hardback. In 1966, a decades-long struggle began to eliminate systematic and illegal segregation in Chicago's public housing program. In their book entitled Crossing the Class and Color Lines: From Public Housing to White Suburbia,... 2001
Dean Barclay DEAD HANDS AND STATE ACTORS: THE RACIALLY DISCRIMINATORY CHARITABLE TRUST IN HERMITAGE METHODIST HOMES 7 Washington and Lee Race and Ethnic Ancestry Law Journal 85 (Spring, 2001) Prejudices . . . , like odorous bodies, have a double existence both solid and subtle-solid as pyramids, subtle as the twentieth echo of an echo, or as the memory of hyacinths which once scented the darkness . . . Mr. Casaubon had taken a cruelly effective means of hindering her: even with indignation against him in her heart, any act that seemed... 2001
Robert G. Schwemm DISCRIMINATORY HOUSING STATEMENTS AND § 3604(C): A NEW LOOK AT THE FAIR HOUSING ACT'S MOST INTRIGUING PROVISION 29 Fordham Urban Law Journal 187 (October, 2001) Introduction. 189 I. The Role of § 3604(c) within the Fair Housing Act. 194 A. Overview of the Fair Housing Act. 194 B. The Legislative History of § 3604(c) and Its Applicability to Exempt Housing. 197 1. Background and General Observations. 197 2. The Evolution of the FHA's Substantive Coverage. 200 3. Source and Evolution of § 3604(c) Language.... 2001
David A. Thomas FIXING UP FAIR HOUSING LAWS: ARE WE READY FOR REFORM? 53 South Carolina Law Review 7 (Fall 2001) I fear that the Senate is on the verge of voting to sacrifice upon the altar of politics one of the most precious rights of all Americans-their freedom to control the use and disposition of their privately owned property. Senator Sam J. Ervin, Jr. I. Introduction. 8 A. Foundational Weakness in the Federal Fair Housing Act. 8 B. Organization of... 2001
Cynthia A. Samuel , Katherine S. Spaht FIXING WHAT'S BROKE: AMENDING ERISA TO ALLOW COMMUNITY PROPERTY TO APPLY UPON THE DEATH OF A PARTICIPANT'S SPOUSE 35 Family Law Quarterly 425 (Fall, 2001) In Boggs v. Boggs, the participant husband was married to his first wife when he began working for a company whose retirement plan was covered by the Employee Retirement Income Security Act (ERISA). Thirty years later, the first wife died prior to the husband's retirement. Her will left her husband one-third of her estate in full ownership and a... 2001
Julian J. Moore HOME SWEET HOME: EXAMINING THE (MIS)APPLICATION OF THE ANTI- CONTACT RULE TO HOUSING DISCRIMINATION TESTERS 25 Journal of the Legal Profession 75 (2001) Jeremy and Sharon Bullock are two wealthy attorneys who thought they had found the apartment of their dreams. The African-American couple had been searching for over a year for the dwelling that met all of their needs. One day at work, Sharon's colleague, Lisa Thomas, notified her that she knew of a wonderful co-op on the East Side of Manhattan... 2001
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