AuthorTitleCitationSummaryYearKey Term in Title or Summary
Toni M. Massaro , Justin R. Pidot , Marvin J. Slepian PANDEMICS AND THE CONSTITUTION 2022 University of Illinois Law Review 229 (2022) The COVID-19 pandemic unleashed a torrent of legal and political commentary, and rightly so: the virus touches every corner of life and implicates many areas of law. In response to the virus, governments, civic institutions, and businesses struggled to protect public health, respect individual autonomy, and enable Americans to satisfy their... 2022  
Solangel Maldonado PARENTAL SOCIAL CAPITAL AND EDUCATIONAL INEQUALITY 90 Fordham Law Review 2599 (May, 2022) Introduction. 2599 I. Educational Segregation and Its Harms. 2603 A. The Achievement Gap. 2607 B. Educational and Social Capital. 2611 II. Supporting Parents. 2616 Conclusion. 2619 2022  
Amy F. Kimpel PAYING FOR A CLEAN RECORD 112 Journal of Criminal Law and Criminology 439 (Summer, 2022) Prosecutors and courts often charge a premium for the ability to avoid or erase a criminal conviction. Defendants with means, who tend to be predominantly White, can often pay for a clean record. But the indigent who are unable to pay, and are disproportionately Black and Brown, are saddled with the stigma of a criminal record. Diversion and... 2022  
Sean Kolkey PEOPLE OVER PROFIT: THE CASE FOR ABOLISHING THE PRISON FINANCIAL SYSTEM 110 California Law Review 257 (February, 2022) The term mass incarceration is used to describe a crisis that, to many, is both abstract and distant. But for Black, Latinx, Indigenous, low-income, and other communities whose lives are disproportionately affected by the criminal legal system, the reality of carceral exploitation is as unavoidable as it is harmful. Incarceration has always had... 2022 yes
Griffin Edwards , Stephen Rushin POLICE VEHICLE SEARCHES AND RACIAL PROFILING: AN EMPIRICAL STUDY 91 Fordham Law Review 1 (October, 2022) In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a... 2022  
Maya Chaudhuri POLICING THE BODY POLITIC 69 UCLA Law Review 318 (March, 2022) This Comment focuses on the convergence of racialized policing and voter suppression of communities of color. While much attention has been given to the disenfranchisement of people upon felony conviction, there has been little attention paid to the policing and subsequent prosecution of people-- disproportionately Black and Latinx--for voting or... 2022 yes
Eisha Jain POLICING THE POLITY 131 Yale Law Journal 1794 (April, 2022) The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... 2022  
Pamela Foohey, Robert M. Lawless, Deborah Thorne PORTRAITS OF BANKRUPTCY FILERS 56 Georgia Law Review 573 (Spring, 2022) One in ten adult Americans has turned to the consumer bankruptcy system for help. For almost forty years, the only systematic data collection about the people who file bankruptcy has come from the Consumer Bankruptcy Project (CBP), for which we serve as co-principal investigators. In this Article, we use CBP data from 2013 to 2019 to describe who... 2022  
Miguel F.P. de Figueiredo , Dane Thorley PRETRIAL DISPARITY AND THE CONSEQUENCES OF MONEY BAIL 81 Maryland Law Review 557 (2022) Catalyzed by the Black Lives Matter protests in 2020, support for criminal justice reform in the United States has become a groundswell, with reformers demanding an end to racial and socioeconomic disparities in all aspects of policing, prosecution, adjudication, and incarceration. While high-profile cases of police misconduct during arrest remain... 2022  
Nooreen Reza PROBLEMATIZING LOW-LEVEL POLICING'S RELATIONSHIP WITH RACIALIZED GENTRIFICATION 29 Virginia Journal of Social Policy and the Law 68 (Winter, 2022) Introduction. 69 I. A Primer on Gentrification and Displacement. 71 II. The Empirical Links Between Order Maintenance Policing and Gentrification. 73 A. Development-Directed Policing. 73 B. Neighbor-Driven Policing. 78 III. The Racially Unjust Impacts of Gentrification-Induced Policing. 80 A. Crime Free Housing Laws. 80 B. Community Degradation... 2022  
  PROSECUTORIAL DISCRETION 51 Georgetown Law Journal Annual Review of Criminal Procedure 269 (2022) The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... 2022  
Evan M. Lowder, Chelsea M. A. Foudray, Madeline McPherson, Department of Criminology, Law and Society, George Mason University PROXY ASSESSMENTS AND EARLY PRETRIAL RELEASE: EFFECTS ON CRIMINAL CASE AND RECIDIVISM OUTCOMES 28 Psychology, Public Policy, and Law 374 (August, 2022) Despite growing evidence on the harmful effects of pretrial detention on individuals' criminal case processing and community integration, there has been limited empirical investigation of strategies to facilitate early release from detention. We conducted a retrospective cohort study to examine the effects of risk assessment-informed early release... 2022  
The Task Force 2.0 Research Working Group RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 45 Seattle University Law Review 969 (Spring, 2022) As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade... 2022  
The Task Force 2.0 Research Working Group RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 57 Gonzaga Law Review 119 (2021/2022) C1-2Table of Contents Message from the Task Force Co-Chairs. 121 Participating Organizations and Institutions. 123 Acknowledgments. 125 Definitions. 129 Executive Summary. 134 I. Introduction. 139 II. Capsule Summary of 2011 Findings and Some Key Developments Since Then. 140 A. Capsule Summary of 2011 Findings. 140 B. Some Key Court Developments... 2022  
The Task Force 2.0 Research Working Group RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 97 Washington Law Review 1 (March, 2022) As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade... 2022  
The Task Force 2.0 Juvenile Justice Subcommittee RACE IN WASHINGTON'S JUVENILE LEGAL SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 57 Gonzaga Law Review 636 (2021/2022) C1-2Table of Contents Message from the Juvenile Justice Subcommittee. 638 Participating Organizations and Institutions. 640 Acknowledgments and Note on Process. 641 Definitions. 644 Executive Summary. 649 I. Youth-Centered Blueprint for Change. 654 II. The Overrepresentation of Youth of Color in the Juvenile Legal System Persists. 662 III. How Did... 2022  
Bethany R. Berger RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY 64 Arizona Law Review 619 (Fall, 2022) Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... 2022  
Stella M. Flores, Suzanne M. Lyons, Tim Carroll, Delina Zapata RACE, PLACE, AND CITIZENSHIP: THE INFLUENCE OF SEGREGATION ON LATINO EDUCATIONAL ATTAINMENT 40 Minnesota Journal of Law & Inequality 69 (Winter, 2022) As the population of the United States has diversified over the last fifty years, the nation's key sectors of housing, education, and labor have absorbed this diversity with varying degrees of receptivity. In 2019, Latinos continued their status as the nation's largest minority group, comprising nearly twenty percent of the population (18.5%),... 2022 yes
Ronak Patel RACE-CONSCIOUS INDEPENDENT REDISTRICTING COMMISSIONS: PROTECTING RACIAL MINORITIES' POLITICAL POWER THROUGH RULES-BASED MAP DRAWING 69 UCLA Law Review 624 (April, 2022) The United States is changing, and its democratic process must change with it. A new nonwhite majority is emerging after decades of demographic shift. Federal voting rights doctrine, developed throughout the Civil Rights Era, is premised on a biracial conception of American society. Withering under sustained attack, federal protections have also... 2022  
Cyra Akila Choudhury RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE 91 University of Cincinnati Law Review 1 (2022) Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... 2022  
Atinuke O. Adediran RACIAL ALLIES 90 Fordham Law Review 2151 (April, 2022) Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes... 2022  
Kevin D. Brown , Kenneth G. Dau-Schmidt RACIAL AND ETHNIC ANCESTRY OF THE NATION'S BLACK LAW STUDENTS: AN ANALYSIS OF DATA FROM THE LSSSE SURVEY 22 Berkeley Journal of African-American Law & Policy 1 (2022) Introduction. 2 I. Changing Racial and Ethnic Ancestries of Black People in the United States Since Affirmative Action Began. 6 A. Historical Race and Ethnicity of Black People at the Commencement of Affirmative Action. 6 B. Current Racial and Ethnic Ancestry of Black People. 8 C. Impact of Change in Census Definitions on the Ability to Collect... 2022  
E. Tendayi Achiume RACIAL BORDERS 110 Georgetown Law Journal 445 (March, 2022) This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... 2022  
Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall RACIAL CAPITALISM IN THE CIVIL COURTS 122 Columbia Law Review 1243 (June, 2022) This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... 2022  
Kathryne M. Young , Jessica Pearlman RACIAL DISPARITIES IN LIFER PAROLE OUTCOMES: THE HIDDEN ROLE OF PROFESSIONAL EVALUATIONS 47 Law and Social Inquiry 783 (August, 2022) One in seven people in prison in the US is serving a life sentence, and most of these people will eventually be eligible for discretionary parole release. Yet parole hearings are notoriously understudied. With only a handful of exceptions, few researchers have considered the ways in which race shapes decision-makers' perception of parole... 2022  
Alyssa C. Mooney , Alissa Skog , Amy E. Lerman RACIAL EQUITY IN ELIGIBILITY FOR A CLEAN SLATE UNDER AUTOMATIC CRIMINAL RECORD RELIEF LAWS 56 Law and Society Review 398 (September, 2022) States have begun to pass legislation to provide automatic relief for eligible criminal records, potentially reducing the lifelong collateral consequences of criminal justice involvement. Yet numerous historical examples suggest that racially neutral policies can have profoundly disparate effects across racial groups. In the case of criminal record... 2022  
Shauhin A. Talesh* RACIAL INEQUALITY, COVID-19, AND HEALTH AND UNEMPLOYMENT INSURANCE: LESSONS LEARNED AND PATHWAYS FORWARD 71 DePaul Law Review 635 (Spring, 2022) COVID-19 impacted the entire world, and the United States is no exception. In addition to pervasive death and illness, COVID-19 wreaked havoc on the U.S. economy. Many people in the United States lost their jobs, others worked remotely, and many essential workers continued working in their workplace settings at great risk to themselves. The public... 2022  
Matthew J. Parlow RACIAL PROTEST AND RACIAL PROGRESS IN PROFESSIONAL SPORTS 31 Southern California Review of Law & Social Justice 239 (Spring, 2022) The summer of 2020 marked significant changes in society, as seen through worldwide protests and an accompanying movement to address social injustice and systemic racism in America. That movement was amplified by and within professional sports as players, teams, and leagues sought to contribute to the goals of anti-racism by working to build a more... 2022  
Jennifer Lee Barrow RECIDIVISM REFORMATION: ELIMINATING DRUG PREDICATES 135 Harvard Law Review Forum 418 (########) The Armed Career Criminal Act (ACCA) imposes a minimum fifteen-year sentence for violating 18 U.S.C. § 922(g) after three violent felony or serious drug offense convictions. The ACCA disproportionately impacts people of color and imposes significant costs on the federal judiciary and the criminal justice system overall. This Essay contributes... 2022 yes
Harvey Gee REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? 100 Oregon Law Review 461 (2022) Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... 2022  
Erica V. Rodarte Costa REFRAMING THE "DESERVING" TENANT: THE ABOLITION OF A POLICED PUBLIC HOUSING 170 University of Pennsylvania Law Review 811 (February, 2022) Centuries-old economic and racial injustices have molded our federal housing assistance. From the way we construct public housing--whether it has access to high-quality amenities or is built segregated from opportunities--to the stringent policies that dictate eligibility, the federal government dictates who deserves housing assistance along racial... 2022  
Mary Hoopes REGULATING MARGINALIZED LABOR 73 Hastings Law Journal 1041 (May, 2022) Farmworkers are one of many vulnerable groups who exist largely in the shadows of the law. While there is a relatively robust regulatory framework that ostensibly governs the conditions under which they work, it is highly fragmented and seldom enforced. One agency, the Equal Employment Opportunity Commission (EEOC), has emerged as an important... 2022 yes
Rose Cuison-Villazor REJECTING CITIZENSHIP 120 Michigan Law Review 1033 (April, 2022) Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... 2022  
Dylan Farrell-Bryan , Department of Sociology, University of Pennsylvania, Philadelphia, Pennsylvania, USA RELIEF OR REMOVAL: STATE LOGICS OF DESERVINGNESS AND MASCULINITY FOR IMMIGRANT MEN IN REMOVAL PROCEEDINGS 56 Law and Society Review 167 (June, 2022) In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical... 2022  
Asma T. Uddin RELIGIOUS LIBERTY INTEREST CONVERGENCE 64 William and Mary Law Review 83 (October, 2022) Americans are deeply polarized on a plethora of issues. One of the most prominent areas of polarization is religious liberty, which in recent years has increasingly pitted conservative, white Christians against a range of marginalized minorities, particularly Muslims. The divide threatens Muslims' rights and the vitality of religious liberty more... 2022  
René Reyes RELIGIOUS LIBERTY, RACIAL JUSTICE, AND DISCRIMINATORY IMPACTS: WHY THE EQUAL PROTECTION CLAUSE SHOULD BE APPLIED AT LEAST AS STRICTLY AS THE FREE EXERCISE CLAUSE 55 Indiana Law Review 275 (2022) This Article offers a critical comparative analysis of the Supreme Court's jurisprudence under the Free Exercise Clause and the Equal Protection Clause. In a number of recent cases, the Court has shown increasing solicitude for the rights of religious objectors and has upheld claims for exemptions from various laws--even in the absence of an intent... 2022  
Eli Salamon-Abrams REMAKING PUBLIC DEFENSE IN AN ABOLITIONIST FRAMEWORK: NON-REFORMIST REFORM AND THE GIDEON PROBLEM 49 Fordham Urban Law Journal 435 (February, 2022) [E]very thirty years or so, as this country's distinctively intransigent intersection of race, crime, and poverty sparks another round of politicized and international uproar, the right to counsel lurches in a new direction. The idea that legal representation--even free legal representation--will help to reduce this country's overreliance on... 2022  
The Task Force 2.0 Juvenile Justice Subcommittee REPORT AND RECOMMENDATIONS TO ADDRESS RACE IN WASHINGTON'S JUVENILE LEGAL SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 45 Seattle University Law Review 1025 (Spring, 2022) As the Editors-in Chief of Gonzaga Law Review and Seattle University Law Review, we represent the flagship legal academic publications of Washington's two Jesuit law schools. We are pleased to present this report as a joint publication and to highlight the important work of the Task Force 2.0 Juvenile Justice Subcommittee. Sincerely, Carly C.... 2022  
Moushmi Patil REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK--WHITE BINARY 170 University of Pennsylvania Law Review 1625 (June, 2022) When Asian immigrants first reached American shores in substantial numbers during the late 1800s, they were faced with a country that barely recognized Black citizens and a system that continually reinforced a Black--White binary. If Asian Americans wanted to attempt to obtain protections for themselves, they could not do so by asserting that those... 2022  
Ingrid Eagly, Tali Gires, Rebecca Kutlow, Eliana Navarro Gracian RESTRUCTURING PUBLIC DEFENSE AFTER PADILLA 74 Stanford Law Review 1 (January, 2022) Abstract. In the 2010 landmark decision Padilla v. Kentucky, the Supreme Court held that the Sixth Amendment right to counsel demands that criminal defense attorneys inform their clients of adverse immigration consequences that may flow from a guilty plea. Although over a decade has passed since Padilla, astonishingly little is known about how... 2022  
  RIGHT TO A JURY TRIAL 51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) 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... 2022  
André Douglas Pond Cummings , Steven A. Ramirez ROADMAP FOR ANTI-RACISM: FIRST UNWIND THE WAR ON DRUGS NOW 96 Tulane Law Review 469 (February, 2022) I. Introduction. 469 II. A Short History of the War on Drugs and Mass Incarceration. 475 III. The Devastation Suffered in Communities of Color. 486 A. Direct Economic Costs of the War on Drugs and Mass Incarceration. 487 B. Government Expenditures. 488 C. Economic and Psychological Costs on Families of Color. 490 D. Indirect Costs of the War on... 2022  
Silvia M. Radulescu SEGREGATION, RACIAL HEALTH DISPARITIES, AND INADEQUATE FOOD ACCESS IN BROOKLYN 29 Georgetown Journal on Poverty Law and Policy 251 (Winter, 2022) Despite remarkable medical advances and the steady rise of New Yorkers' overall life expectancies, striking health disparities exist among New Yorkers along racial and economic lines. Poor health is concentrated in predominantly Black and Hispanic poverty-stricken neighborhoods. Within just a ten-mile radius in Brooklyn, there is a decade-long... 2022 yes
Jyoti Nanda SET UP TO FAIL: YOUTH PROBATION CONDITIONS AS A DRIVER OF INCARCERATION 26 Lewis & Clark Law Review 677 (2022) Youth probation is the most common form of punishment for youth in the United States criminal legal system, with nearly a quarter of a million youth currently under supervision. Yet the role youth probation conditions play in the incarceration of youth has not been the focus of legal scholarship. Youth probation is a court-imposed intervention... 2022  
Huyen Pham, Pham Hoang Van SHERIFFS, STATE TROOPERS, AND THE SPILLOVER EFFECTS OF IMMIGRATION POLICING 64 Arizona Law Review 463 (Summer, 2022) As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused... 2022  
Blanche Bong Cook SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE 102 Boston University Law Review 1 (February, 2022) When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... 2022  
Seamus J. Ronan STANDARDIZED (COVID) TESTING? VACCINE MANDATES AND TEACHERS' UNIONS COLLECTIVE BARGAINING AGREEMENTS IN URBAN SCHOOL DISTRICTS 49 Fordham Urban Law Journal 861 (May, 2022) Introduction. 862 I. The Landscape of Teachers' Union Contracts. 867 A. Federal and State Laws Regulating Teachers' Unions' Rights. 867 B. The Contract Itself: The Collective Bargaining Agreement. 869 C. The Scope of Collective Bargaining. 871 D. Managerial Prerogatives and Management Rights. 872 E. Bargaining for Safety and Health Policies. 874 F.... 2022 yes
Devon W. Carbado STRICT SCRUTINY & THE BLACK BODY 69 UCLA Law Review 2 (March, 2022) When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... 2022  
Osamudia James SUPERIOR STATUS: RELATIONAL OBSTACLES IN THE LAW TO RACIAL JUSTICE AND LGBTQ EQUALITY 63 Boston College Law Review 199 (January, 2022) Introduction. 200 I. Equality Stalled. 206 A. Education. 206 B. Marriage. 212 II. Status in Equality Movements. 217 A. Social Status. 218 1. The Architecture of Status. 218 2. Discrimination, Animus, Status. 222 B. Status in Movements. 226 1. Public School Integration. 226 2. Same-Sex Marriage. 233 III. Accounting for Status. 241 A. Law and... 2022  
Douglas M. Spencer , Lisa Grow Sun , Brigham Daniels , Chantel Sloan , Natalie Blades SURVIVAL VOTING AND MINORITY POLITICAL RIGHTS 71 American University Law Review 2319 (August, 2022) The health of American democracy has literally been challenged. The global pandemic has powerfully exposed a long-standing truth: electoral policies that are frequently referred to as convenience voting are really a mode of survival voting for millions of Americans. As our data show, racial minorities are overrepresented among voters whose... 2022  
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