AuthorTitleCitationSummaryYear
Rosário Frada REFUGEE IDENTITIES AT THE MERCY OF LEGAL DETERMINATION 68 Saint Louis University Law Journal 367 (Winter, 2024) The Refugee Status Determination process bears immediate repercussions not only on the formulation of refugee narrative identities, but on how asylum-seekers construct their very sense of self alongside their relationship to their past and future. Yet, International Refugee Law provides no guidance over status determination procedures, establishing... 2024
Joseph Berra, S. Priya Morley REIMAGINING RIGHTS IN THE AMERICAS 28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... 2024
Paula A. Monopoli REMEMBERING THE ORIGINS OF MODERN LEGAL EDUCATION 85 University of Pittsburgh Law Review 305 (Winter, 2024) American legal education came under tremendous pressure in the wake of the 2008 financial crisis. That crisis precipitated a decline in law school applications and a concomitant decrease in the size of American law school enrollments during the 2011-2012 academic year. Commentators offered a myriad of proposals for reforming legal education during... 2024
Eric K. Yamamoto , Hanna Wong Taum REPARATIONS DELAYED: JAPANESE LATIN AMERICANS AND THE UNITED STATES' WWII HUMAN RIGHTS TRANSGRESSIONS 31 Asian American Law Journal 3 (2024) On the basis of determinations of fact and law, the Inter-American Commission concluded that the [United States] is responsible for the violation of articles II (equality before the law) and XVII (fair trial and effective remedy) of the American Declaration of the Rights and Duties of Man .. --The Inter-American Commission on Human Rights April... 2024
Amanda Frost REPARATIVE CITIZENSHIP 65 William and Mary Law Review 651 (February, 2024) The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender,... 2024
Isabel Jones REPRODUCTIVE CONTROL AS A CARCERAL TOOL OF THE STATE - UNDERSTANDING EUGENICS IN A POST-ROE SOCIETY 112 California Law Review 969 (June, 2024) The government has used reproductive control as a carceral tool for centuries, especially against women of color. While scholars anticipate the overturn of Roe v. Wade will exacerbate state surveillance and control over pregnancy, the current pro-choice rhetoric neglects the state's history of policing reproduction through forced sterilization... 2024
Eric S. Fish RESISTING MASS IMMIGRANT PROSECUTIONS 133 Yale Law Journal 1884 (April, 2024) Over the last two decades, U.S. courts have convicted hundreds of thousands of Latin American defendants for misdemeanor immigration crimes. This has mostly happened through a federal program called Operation Streamline. In that program, immigrants are convicted without any semblance of due process. They are charged with the crime of entering the... 2024
Farhang Heydari RETHINKING FEDERAL INDUCEMENT OF PRETEXT STOPS 2024 Wisconsin Law Review 181 (2024) Few topics in policing have received more attention than pretextual traffic stops--traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded... 2024
Joshua J. Schroeder RETHINKING RIGHTS IN A DISAPPEARING PENUMBRA: HOW TO EXPAND UPON REPRODUCTIVE RIGHTS IN COURT AFTER DOBBS 54 New Mexico Law Review 15 (Winter, 2024) In 2022, Dobbs v. Jackson Women's Health Org. overruled Roe v. Wade and Planned Parenthood v. Casey. The Dobbs Court suggested that future cases should similarly overrule other judicially protected rights including the right to marry interracially, to access contraceptives, and to have sex the way you like. The novel grounds Dobbs used to overrule... 2024
Ahilan T. Arulanantham REVERSING RACIST PRECEDENT 112 Georgetown Law Journal 439 (March, 2024) The Supreme Court has long read the Constitution to prohibit state action motivated by racial animus. Courts have applied that prohibition to various forms of governmental decisionmaking, from the individual decisions of judicial officers to constitutional amendments enacted by states. Yet courts have not applied it to their own precedent. No... 2024
Catherine Yenne REVIVING THE ALIEN TORT STATUTE: A ROADMAP TO RECOVERY FOR ASYLUM SEEKERS SUFFERING THE HARM OF REFOULEMENT 60 Idaho Law Review 207 (2024) Envision a young family--two parents and five children--fleeing extortion, sexual assaults, and death threats in their home country of Guatemala. They leave Guatemala and travel through Mexico in search of safety in the United States. While in Mexico, they are robbed, assaulted again, and threatened at gun point. Terrified of the harm they... 2024
  RIGHT TO A JURY TRIAL 53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2024
Iva Petkova SAFE HARBOR: REFORMING THE U.S. ASYLUM SYSTEM TO BETTER PROTECT DOMESTIC VIOLENCE SURVIVORS 47 New York University Review of Law and Social Change 423 (2024) The world is facing a growing epidemic of violence against women, with millions of women and girls facing physical, sexual, and psychological harm by their intimate partners. Often, women have no legal recourse or avenues for protection in their home countries, so every year, thousands of domestic violence survivors flee to seek shelter in the... 2024
Ava Ayers SANCTUARY WITHOUT RESISTANCE 28 Lewis & Clark Law Review 1 (2024) Activist movements that embrace the idea of sanctuary for noncitizens are rich with narratives of resistance. These narratives vary; some sanctuary advocates pursue resistance only to specific federal immigration policies, while others offer more radical critiques that challenge the very legitimacy of U.S. immigration law. But when local and state... 2024
Jonathan Liljeblad SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT 27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... 2024
Annie Isabel Fukushima , Jens Nilson, Kaden Richards SEEING RACE & SEXUALITY: CHILD WELFARE & FORCED LABOR 77 Arkansas Law Review 283 (2024) In 2021, California couple Nery Martinez Vasquez and Maura Martinez made headline news after pleading guilty to conspiracy to commit forced labor for forcing a Guatemalan relative and her two daughters to work long hours under poor conditions. They kept the girls out of school with threats that they would be deported. Vasquez and Martinez... 2024
London Jones SEEKING ASYLUM SOMEWHERE OVER THE RAINBOW: THE LONG-TERM EFFECT OF SOUTHERN BORDER RESTRICTIONS UPON LGBTQ+ ASYLUM SEEKERS 48 Seton Hall Journal of Legislation & Public Policy 773 (2024) I. Introduction. 773 II. Background: From Boutilier to Biden, the Generational Disdain Towards Queer Immigration. 775 A. History of LGBTQ+ Immigration and Asylum. 776 B. The Transformation of Title 42. 781 C. New Administration, Same Old Anti-Asylum Sentiment. 784 III.Analysis: The Powerless, The Powerful, and a Plea for Protection. 786 A. Border... 2024
Saloni S. Jaiswal SEEKING THE DIVINE: A PROPOSED METHODOLOGY OF RELIGION TO RESOLVE ADJUDICATIONS OVER THE NEXUS INQUIRY IN RELIGIOUS ASYLUM CLAIMS 2024 University of Chicago Legal Forum 481 (2024) What is religion, and should immigration courts seek to define religion in the context of asylum claims? Under the Immigration and Nationality Act (INA), individuals who have experienced past persecution or fear future persecution because of their religious beliefs can apply for asylum in the United States. Although individuals are afforded these... 2024
Ayelet Shachar SEVERING THE GORDIAN KNOT OF SOVEREIGNTY AND MIGRATION CONTROL 118 AJIL Unbound 188 (2024) The claim that states have an unfettered sovereign right to control their borders and exclude non-citizens from their territory is accepted everywhere without contestation. Yet it is anything but a self-evident truth. While taken for granted today, the assumption that control over migration is the last bastion of sovereignty represents a radical... 2024
Rosa S. Felibert SHOPPING ON THIN ICE: VENUE LIMITS ON ICE DETENTION TRANSFERS TO PREVENT FORUM SHOPPING 65 Boston College Law Review 1099 (March, 2024) Abstract: U.S. Immigration and Customs Enforcement (ICE), the federal agency that manages the world's largest civil immigration detention system, transfers hundreds of detained noncitizens to different detention centers every day at its sole discretion and for any reason, typically without advising the noncitizen's counsel or family. This unchecked... 2024
Katie Cantone-Hardy SHOULDN'T ALL ASYLUM BE "HUMANITARIAN"? A CASE FOR MERGING TRADITIONAL AND HUMANITARIAN ASYLUM AND ELIMINATING THE PARTICULAR SOCIAL GROUP 92 George Washington Law Review 908 (August, 2024) Asylum law in the United States faces near-constant critique. The membership in a particular social group eligibility category is one of its persistent thorns. Faced with a lack of legislative instruction on what particular social group (PSG) means, asylum adjudications of PSG claims have been chronically disjointed. Perhaps the only... 2024
Yvette Butler SILENCING THE SEX WORKER 71 UCLA Law Review 726 (September, 2024) This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form... 2024
Joshua J. Schroeder SINGING THE FORCE OF THE IMAGINATION: HOW TO WONDER ABOUT THE EMOTIONAL-REPORTAGE IN IMMIGRATION ADVOCACY 21 UC Law Journal of Race and Economic Justice 1 (February, 2024) In the years leading up to July 4, 1776, Phillis Wheatley bid the imaginations of the American Revolutionaries to spring open by shouting: Imagination! Who can sing thy force? Wheatley defined the imagination as the leader of the mental train, and, according to Ciceronian principles, she demonstrated that the imagination is the singular... 2024
Alvin Padilla-Babilonia SOVEREIGNTY AND DEPENDENCE IN THE AMERICAN EMPIRE: NATIVE NATIONS, TERRITORIES, AND OVERSEAS COLONIES 73 Duke Law Journal 943 (February, 2024) What justifies plenary powers over Native nations, U.S. territories, and overseas colonies? One answer is the text of the Constitution: the Indian Commerce Clause or the Territorial Clause. Another answer is sovereignty under international law. In this Article, I argue that these legalistic explanations overlook a third answer: that political and... 2024
Nermeen Arastu, Qudsiya Naqui STANDING ON OUR OWN TWO FEET: DISABILITY JUSTICE AS A FRAME FOR REIMAGINING OUR ABLEIST IMMIGRATION SYSTEM 71 UCLA Law Review 236 (April, 2024) Ableism forms the scaffolding of our immigration laws, policies, and practices, but the operation of this pervasive form of exclusion has been grossly unacknowledged and understudied until now. In 1882, Congress first codified the exclusion of defective bodies by declaring that, any lunatic, idiot, or any person unable to take care of himself or... 2024
Melissa Murray STARE DECISIS AND REMEDY 73 Duke Law Journal 1501 (April, 2024) Much ink has been spilled on the Roberts Court's approach to stare decisis and precedent. Such commentary is hardly surprising. In just the last five years, the Court has overruled extant precedents on issues that range from abortion and jury convictions to property rights and public unions. It has also substantially narrowed and limited existing... 2024
Dimitry V. Kochenov STATELESSNESS: A RADICAL RETHINKING OF THE DOMINANT CITIZENISM PARADIGM 20 Annual Review of Law and Social Science 117 (2024) statelessness, citizenism, citizenship, UNHCR, UN High Commissioner for Refugees, nationality A new approach to statelessness has emerged in the literature on the topic. Taking citizenism as a starting point and pioneered by Swider and Bloom, this approach offers a completely fresh paradigm for studying and understanding the statelesseness... 2024
Darryll K. Jones STOCHASTIC TERRORISM, SPEECH INCANTATIONS AND FEDERAL TAX EXEMPTION 54 New Mexico Law Review 69 (Winter, 2024) Stochastic terrorists demonize and dehumanize groups of people through propaganda to incite lone wolf violence against those groups. Their demonization and dehumanization is explicit, but their solicitation of murder and violence is implicit and sufficiently ambiguous that most listeners will not perceive the solicitation. But a few will... 2024
Heide Castañeda STRUGGLES AND TRIUMPHS: AMAZIGH CONSTITUTIONAL CLAIMS AND BUREAUCRATIC DISENTITLEMENT IN MOROCCO 32 Michigan State International Law Review 25 (2024) The term Amazigh refers to Indigenous people of North Africa; Imazighen (free people) is the plural. Colonialism, state oppression, and Arabization policies have suppressed Amazigh culture across history; today, through a series of struggles and triumphs, their cultural and linguistic rights are becoming variably recognized. This article uses... 2024
Zamir Ben-Dan SUPREME MIRAGE: CLARENCE THOMAS'S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM 87 Albany Law Review 183 (2023-2024) C1-2Table of Contents Introduction. 184 I. Justice Thomas's Attempt to Disconnect Race from the Meaning of the Fourteenth Amendment. 186 A. The Text of the Fourteenth Amendment. 187 B. Statutes and Legislative History. 188 C. Supreme Court Cases. 193 II. Justice Thomas's Response to Actual Originalist History. 196 A. Justice Thomas's Own Claims.... 2024
Yvette Butler SURVIVAL LABOR 112 California Law Review 403 (April, 2024) This Article makes one simple, novel claim: crime is labor when it generates income, allows individuals to pursue self-sufficiency, or allows them to fulfill societal expectations of providing for or caring for dependents. When individuals engage in survival crimes, instead of seeing them as criminals, we should see them as workers engaged in... 2024
Aaren N. Cassidy, Ed.D. , Steven L. Nelson, J.D., Ph.D. TAKEOVER AS THE THIRD WAY: RACE AS THE ANTECEDENT AND CONSEQUENCE OF STATE TAKEOVER OF PUBLIC SCHOOLS AND SCHOOL DISTRICTS 27 Harvard Latin American Law Review 1 (Spring, 2024) State takeovers of public schools and districts have been on the rise for decades leaving a trail of wreckage disproportionately impacting Black and Brown communities across the United States. States have claimed state takeovers of public schools and districts are the optimal solution for state-declared failing schools. However, these contentious... 2024
Maryellen Fullerton TEMPORARY PROTECTION FOR UKRAINIANS IN THE EUROPEAN UNION: WHY NOW AND WHEN AGAIN? 57 Vanderbilt Journal of Transnational Law 91 (January, 2024) In 2022, the Russian invasion of Ukraine produced an unprecedented wave of temporary immigration protections throughout the European Union (EU). Within the first few months of the war in Ukraine, over 4 million displaced individuals had registered for temporary protection. EU States distant from Ukraine sheltered hundreds of thousands of displaced... 2024
Sydney K. Erickson TEN DAYS OR TEN YEARS: HOW THE "LAST IN, FIRST OUT" POLICY AFFECTS ASYLUM INTERVIEW SCHEDULING AND DISPROPORTIONATELY HARMS IMMIGRANTS 27 Journal of Gender, Race and Justice 211 (Winter, 2024) As of 2022, nearly two million asylum-seekers are sitting in limbo, awaiting the scheduling of their asylum interviews. The wait has only been getting longer, due in part to the last in, first out policy (LIFO) implemented by the Trump Administration in 2018. In practice, LIFO has exacerbated the wait times for asylum-seekers by pushing waiting... 2024
Shirin Sinnar TERRORISM, NOT TREASON: THE RISE AND FALL OF CRIMINAL CHARGES 2024 University of Chicago Legal Forum 275 (2024) Two decades into the global war on terror, the United States has a vast legal and institutional architecture for prosecuting international terrorism. A sprawling global intelligence network, thousands of informants in U.S. communities, and a highly permissive legal regime feed the prosecution of hundreds of Muslim defendants. Despite this intense... 2024
Jonathan Hasson , Carolyn Hoyle THAI DRUGS OFFENSES AND NARCOTIC CHARGES: TRACING THAILAND'S DRUG CONTROL AND CAPITAL PUNISHMENT HISTORY 49 Brooklyn Journal of International Law 361 (2024) Against the backdrop of growing international support for abolishing the death penalty, Asia--the site of roughly 85 percent of the world's executions today-- has come under intense international scrutiny. Political scientists, criminologists, and activists have written countless books, articles, and reports explaining why Asia remains a... 2024
Gabriel J. Chin , Paul Finkelman THE "FREE WHITE PERSON" CLAUSE OF THE NATURALIZATION ACT OF 1790 AS SUPER-STATUTE 65 William and Mary Law Review 1047 (April, 2024) A body of legal scholarship persuasively contends that some judicial decisions are so important that they should be considered part of the canon of constitutional law including, unquestionably, Marbury v. Madison and Brown v. Board of Education. Some decisions, while blunders, were nevertheless profoundly influential in undermining justice and the... 2024
Rose Cuison-Villazor THE 2023 ALIEN LAND LAWS AND HISTORICAL AMNESIA 46 Western New England Law Review 102 (2024) Thank you Western New England Law Review, Andrew Loin (Editor-in-Chief), and Dean Zelda Harris for inviting me to participate in this incredibly powerful conference. I have learned so much from the speakers and panel discussions today. It truly is an honor to be part of this symposium. Since I am one of the last speakers of the day, I thought that... 2024
Anthony Puntasecca THE AKWESASNE BLACK HOLE: AMERICA'S HIDDEN BORDER CRISIS 56 University of Miami Inter-American Law Review 73 (Fall, 2024) I. Introduction. 74 II. Background. 76 A. History of Broken Promises and Land Appropriation. 76 B. Life on an International Border. 77 III. Summary of Relevant Law. 81 A. Early Treaties. 81 B. Dealing with Uncle Sam. 82 i. The Supreme Law of the Land. 83 ii. Between Sovereign Entities. 85 C. Constitutional Monarchy. 88 IV. Analysis. 90 A. War on... 2024
Kalyani Ramnath, Department of History, University of Georgia, Athens, GA, USA, Email: kal.ramnath@gmail.com THE BRINY SOUTH: DISPLACEMENT AND SENTIMENT IN THE INDIAN OCEAN WORLD. BY NIENKE BOER. DURHAM: DUKE UNIVERSITY PRESS, 2023. PAPERBACK, 978-1-4780-1955-8 58 Law and Society Review 152 (March, 2024) In The Briny South, Nienke Boer embarks on an insightful exploration of sentiment in legal and literary genres that function as archives of displacement--ranging from the seventeenth-century court records about enslavement from the Cape of Good Hope's Council of Justice to memoir and fiction about indenture in Natal, as well as autobiographies... 2024
José Argueta Funes THE CIVILIZATION CANON: COMMON LAW, LEGISLATION, AND THE CASE OF HAWAIIAN ADOPTION 71 UCLA Law Review 128 (January, 2024) Recently, scholars have uncovered many ways in which our traditional understandings of the U.S. Constitution have failed to grapple with American empire and colonialism. This work has shown that the nation's history of mistreating Indigenous peoples is constitutive of its legal order. In this Article, I provide evidence of a similar kind of... 2024
Jon C. Dubin THE COLOR OF SOCIAL SECURITY: RACE AND UNEQUAL PROTECTION IN THE CROWN JEWEL OF THE AMERICAN WELFARE STATE 35 Stanford Law and Policy Review 104 (February, 2024) The Social Security Act is undoubtedly one of the nation's most important accomplishments in addressing Americans' economic insecurity, poverty and human suffering. However, since its enactment in 1935, it has fallen short in delivering on the promise of equitable economic protection for African Americans and similarly situated persons of color.... 2024
Miranda Stafford THE CONTINUED PURSUIT OF BROWN v. BOARD OF EDUCATION: WE NEED TO FURTHER DESEGREGATE NEW JERSEY'S PUBLIC SCHOOLS, BUT HOW? 21 Rutgers Journal of Law & Public Policy 346 (Spring, 2024) The 1954 Supreme Court decision Brown v. Board of Education dramatically altered the American public education system and, subsequently, the overall status of race relations in the United States. Brown, analyzing instances of educational segregation across the country, found that the segregation of students in the public school system on the basis... 2024
Felice Batlan THE DISPLACED PERSONS ACT OF 1948 AND HOME-GROWN ANTISEMITISM 27 Lewis & Clark Law Review 1057 (2024) This Article examines the 1948 Displaced Persons Act which provided for the ability of certain European refugees to immigrate to the United States following World War II. The 1948 Act discriminated against Jewish survivors of the Holocaust and imprinted Nazi racial laws and ideology upon U.S. law. Moreover, in debates over passage of such a law, a... 2024
Gisell Curbelo , Sahar F. Aziz THE END OF CUBAN EXCEPTIONALISM IN AMERICAN MIGRATION POLICY 25 Rutgers Race & the Law Review 69 (2024) Over the past three years, a new wave of Cubans migrants have undertaken perilous journeys across Central America and the Florida Straits to reach the United States. From January 2021 to February 2023, border authorities and the U.S. Coast Guard recorded 392,184 Cubans arriving in the United States. Factors such as economic hardship, political... 2024
Darcy Gallego THE EQUAL PROTECTION CASE AGAINST DISPARATE U.S. HUMANITARIAN PAROLE POLICIES FOR AFGHANS COMPARED TO UKRAINIANS 93 Fordham Law Review 993 (December, 2024) The disparities between the U.S. government's use of humanitarian parole in response to the humanitarian crises in Afghanistan and Ukraine are indicative of discrimination and violate the Equal Protection Clause. As such, U.S.-based relatives of Afghans should prevail in seeking accountability for the thousands of Afghans who continue to wait for... 2024
Pedro Gerson THE FEDERAL GOVERNMENT'S ROLE AS THE WARDEN OF IMMIGRANTS 103 Nebraska Law Review 45 (2024) This Essay examines the evolving landscape of immigration enforcement within the broader context of federal confinement in the United States. The current crisis at the southern border, characterized by historic levels of migrant influx and shifting political tides toward restrictionism, underscores the federal government's increasing emphasis on... 2024
Lucy Williams , Mason Spedding THE FIRST AMENDMENT AND CONSTITUTIVE RHETORIC: A POLICY PROPOSAL 99 New York University Law Review 1338 (October, 2024) First Amendment law is heavily influenced by a familiar set of policy considerations. Courts often defend their First Amendment rulings by referencing speech's place within a marketplace of ideas. They consider whether speech facilitates self-governance or furthers society's search for truth. They weigh the relative value of certain types of... 2024
Christopher M. Roberts THE HISTORICAL DEVELOPMENT OF THE CONCEPT OF FORCED LABOR AND THE OPEN BOUNDARIES OF ITS DEFINITION TODAY 54 New Mexico Law Review 225 (Winter, 2024) This article considers the steps taken on the international level in the 1920s and 30s to define the terms through which freedom and unfreedom in the context of labor might be understood, the manner in which understandings of forced labor have subsequently evolved, and the parameters and potentials of the concept today. The first section explores... 2024
Vincent D. Kwan THE INFLUENCE OF CHRISTIANITY IN SHAPING CONSERVATIVE ASIAN AMERICA 31 Asian American Law Journal 57 (2024) Introduction. 57 I. Remnants of Christianity in U.S. Law. 59 A. Early U.S. Law. 59 B. Antebellum and Civil War Era. 61 C. Jim Crow and Segregation. 63 D. Policies of the Contemporary Public Sphere. 65 II. Remnants of Christianity in Asian American Identity. 68 A. Asian American Exclusion. 68 B. Anticommunism and Conservative Politics. 70 C.... 2024
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