AuthorTitleCitationSummaryYearkey Terms in Title or Summary
Kenneth R. Davis DEI HARD: THE FUTURE OF DEI AFTER STUDENTS FOR FAIR ADMISSIONS v. HARVARD COLLEGE 103 Oregon Law Review 1 (2024) Introduction. 3 I. The Students for Fair Admissions Decision. 8 A. Chief Justice Roberts's Majority Opinion. 8 1. The Admissions Procedures at Harvard and UNC. 8 2. A Rebuke of Past Racism. 9 3. Colorblindness. 10 4. The Bakke and Grutter Decisions. 10 5. The Constitutional Infirmities of the Harvard and UNC Admissions Programs. 11 6. A Narrow... 2024  
Joshua D. Blank , Leigh Osofsky DEMOCRATIC ACCOUNTABILITY AND TAX ENFORCEMENT 61 Harvard Journal on Legislation 251 (Summer, 2024) One of the most powerful charges that can be leveled against the IRS is that it is targeting taxpayers. Charges of political targeting have dogged the IRS for over a century, including in major controversies such as the alleged Tea Party auditing scandal in 2013. Commentators and scholars have long critiqued the IRS for focusing audit resources on... 2024  
Janel A. George DENY, DEFUND, AND DIVERT: THE LAW AND AMERICAN MISEDUCATION 112 Georgetown Law Journal 509 (March, 2024) Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund... 2024  
Frank Rudy Cooper DICTA MINES, PRETEXT, AND EXCESSIVE FORCE: TOWARD CRIMINAL PROCEDURE FUTURISM 112 California Law Review 1007 (June, 2024) Scholars have recently criticized Fourth Amendment pretext doctrine for leading to more police contact with Black and Brown people and thus to racially disproportionate uses of excessive force. This Essay reveals the intersection of the Court's pretext and excessive force doctrines by unearthing their shared roots in the 1973 United States v.... 2024 Yes
Cassandra Jones Havard DIGITAL FOOTPRINTS: TECHNOLOGY, RACE, AND JUSTICE 45 Cardozo Law Review 1177 (April, 2024) Data aggregation is ubiquitous. To widen credit access, lenders now use nonconventional sources of personal technological information to measure borrower creditworthiness. Alternative data credit scoring is touted as a useful solution for borrowers with little or no credit history or thin credit files. The supposedly neutral algorithm provides a... 2024  
Joshua M. Alpert DISABILITY CRIMINAL PROCEDURE: AN EXPLORATION OF HOW AND WHY DISABILITY LAW REGULATES THE CARCERAL SYSTEM 29 Texas Journal on Civil Liberties & Civil Rights 219 (Spring, 2024) The Supreme Court's 1998 decision in Pennsylvania Department of Corrections v. Yeskey, paved the way for Title II of the Americans with Disabilities Act and § 504 of the Rehabilitation Act's (collectively disability law) to regulate the carceral system. Contrastingly, these past few decades the Court has cut back the rights and available remedies... 2024  
Benjamin A. Barsky , Craig Konnoth , Michael Ashley Stein DISABILITY, RACE, AND HEALTH BEYOND THE CARCERAL STATE 122 Michigan Law Review 1261 (April, 2024) Embodied Injustice: Race, Disability, and Health. By Mary Crossley. Cambridge; New York: Cambridge University Press. 2022. Pp. xi, 246. $34.99. In Embodied Injustice: Race, Disability, and Health (Embodied Injustice), Professor Mary Crossley argues that attending to race-and-disability intersections (at both individual and social movement... 2024  
Tania N. Valdez DISABILITY, RACE, AND IMMIGRATION: THE INTERSECTIONAL IMPACT OF POLICING 65 Boston College Law Review 1981 (June, 2024) Introduction. 1983 I. Background. 1989 A. Key Definitions. 1989 B. The Current Mental Health Care Crisis. 1992 C. Mental Illness & Policing. 1996 1. Roots of Police Violence. 1996 2. Case Studies. 1999 3. An Introduction to Intersectionality's Effect on Policing Outcomes. 2002 II. An Overlooked Intersecting Issue: How Noncitizens with Disabilities... 2024 Yes
Sarah H. Lorr DISABLING FAMILIES 76 Stanford Law Review 1255 (June, 2024) Abstract. The family regulation system is increasingly notorious for harming the very families that it ostensibly aims to protect. Under the guise of advancing child welfare, Black, Brown, Native, and poor families are disproportionately surveilled, judged, and separated. Discrimination and ingrained prejudices against disabled parents render their... 2024  
Meirav Furth-Matzkin DISCRIMINATION IN CONTRACTUAL PERFORMANCE: THEORY, EVIDENCE, AND PRELIMINARY POLICY PRESCRIPTIONS 99 Washington Law Review 1165 (December, 2024) Abstract: This Article examines the often-overlooked practice of selective performance of standard form consumer contracts--where sellers permit employees to exercise discretion by waiving or modifying contractual terms to maintain customer satisfaction. While such flexibility can benefit consumers, it raises serious concerns about... 2024  
Cierra B. Robson DISMANTLING THE MASTER'S ALGORITHM: UNDERSTANDING DEFENSE ATTORNEY USE OF ALGORITHMIC RECOMMENDATION TOOLS USING N. K. JEMISIN'S RED DIRT WITCH 112 Georgetown Law Journal 1469 (June, 2024) Across the United States, algorithmic tools are proliferating throughout the criminal legal system, with more than 3,000 jurisdictions in the United States using some sort of predictive technology to determine where police should be deployed, who should be arrested, how long defendants should be detained, whether someone is eligible for parole, and... 2024 Yes
Nicole Tuchinda DISPROPORTIONATE SCHOOL BRUTALITY UPON BLACK CHILDREN 112 Kentucky Law Journal 113 (2023-2024) Table of Contents. 113 Abstract. 114 Introduction. 114 I. The Harmful Disproportionality of School Brutality Upon Black Children. 122 A. The General Harm of School Brutality. 122 B. Statistics on the Disproportionality. 125 C. The Racial Health Injustice. 130 II. Understanding the Disproportionality. 132 A. The Legacy of Slavery. 133 B. The Legacy... 2024  
María P. Angel , Ryan Calo DISTINGUISHING PRIVACY LAW: A CRITIQUE OF PRIVACY AS SOCIAL TAXONOMY 124 Columbia Law Review 507 (March, 2024) What distinguishes privacy violations from other harms? This has proven a surprisingly difficult question to answer. For over a century, privacy law scholars labored to define the elusive concept of privacy. Then they gave up. Efforts to distinguish privacy were superseded at the turn of the millennium by a new approach: a taxonomy of privacy... 2024  
Evelyn Lia Malavé DISTORTED NARRATIVES IN THE TREATMENT PROGRAM COMPLEX 93 Fordham Law Review 843 (December, 2024) Problem-solving courts and alternatives to incarceration have been both celebrated as successful attempts to address the factors that lead to defendants' involvement in the criminal legal system and critiqued as ineffective reforms that worsen mass incarceration. Specifically, critiques of the treatment program complex have tended to focus on how... 2024  
Christina Mulligan DIVERSE ORIGINALISM, HISTORY & TRADITION 99 Notre Dame Law Review 1515 (June, 2024) The Supreme Court's New York State Rifle & Pistol Ass'n v. Bruen decision appears to be an originalist opinion, ostensibly looking for the meaning of the Constitution's text by looking to the public's understanding of the language used. But Bruen's test actually fails to follow a public meaning originalist methodology. The Court focuses present-day... 2024  
Deborah Hellman DIVERSITY BY FACIALLY NEUTRAL MEANS 110 Virginia Law Review 1901 (December, 2024) The decision in Students for Fair Admissions v. President & Fellows of Harvard College (SFFA), invalidating the use of race in college admissions, reignites a pressing and critical question. Is the deliberate use of facially neutral means to achieve racial diversity constitutionally permissible? The problem is that current equal protection doctrine... 2024  
W. Robert Thomas DOES THE STATE HAVE AN OBLIGATION NOT TO ENFORCE THE LAW? 101 Washington University Law Review 1883 (2024) C1-2Table of Contents Introduction. 1884 I. Toward a Duty Against Maximal Enforcement: Making Sense of the State's Competing Obligations to Enforce, and Not Enforce, the Law. 1886 A. The State's (Qualified) Duty to Enforce the Law. 1886 B. The State's Obligation Not to (Maximally) Enforce the Law. 1892 1. Too Much Enforcement Is Inefficient. 1894... 2024  
Jasmine Marchbanks-Owens DON'T FORGET ABOUT ME: THE EPIDEMIC AND ERASURE OF VIOLENCE AGAINST BLACK WOMEN AND THE POWER OF THE ENFORCEMENT CLAUSE OF THE THIRTEENTH AMENDMENT 8 Howard Human & Civil Rights Law Review 163 (2023-2024) C1-3Table of Contents L1-2Introduction . L3164 I. Power of the Thirteenth Amendment Enforcement Clause. 167 A. Badges and Incidents. 168 B. Rational Determination Standard and the Power of Jones. 170 C. Current Legal Standard. 171 II. Enslavement: The Badges and Incidents. 172 A. Black Women: Then and Now. 173 III. Identifying Violence Against... 2024  
Sean A. Hill II DRUG CRIMES: THE CASE FOR ABOLITION 21 Ohio State Journal of Criminal Law 177 (September, 2024) Nonwhite communities experience higher rates of arrest, prosecution, and incarceration than white communities for drug offenses, and these disparities have persisted even in the wake of decriminalization and legalization. Although a diverse array of political stakeholders increasingly agree that drug policies should be reformed, they are nearly... 2024  
Emi MacLean EMBRACING "TOO MUCH JUSTICE": REALIZING THE POTENTIAL OF THE CALIFORNIA RACIAL JUSTICE ACT 29 Berkeley Journal of Criminal Law 89 (2024) Introduction. 89 I. Early Legal Victories. 91 II. Unique Challenges of Disparity-Based Claims Under the RJA. 94 III. Importance of Prosecutorial Transparency for the Implementation of the Racial Justice Act. 95 IV. Bridging the Chasm Between Defense Practitioners and Data Analysts. 99 Conclusion: The Tremendous Potential of the Law, Beginning to Be... 2024  
Lori E. Andrus EQUAL JUSTICE FOR ALL 60-SEP Trial 6 (September, 2024) AAJ fights every day so that plaintiffs in civil rights cases can seek and obtain justice. Our trial lawyer community truly is the voice of the voiceless. Our members take on all manner of civil rights cases, from police brutality, to race discrimination, to anti-bullying matters, to employment discrimination-- and beyond. The common thread among... 2024 Yes
Marcia Narine Weldon, Gabrielle Thomas, Lauren Skidmore ESTABLISHING A FUTURE-PROOF FRAMEWORK FOR AI REGULATION: BALANCING ETHICS, TRANSPARENCY, AND INNOVATION 25 Transactions: The Tennessee Journal of Business Law 253 (Spring, 2024) Imagine that you are sitting at home feeling sick. Instead of calling your doctor and waiting weeks or even months for an appointment or going to urgent care for faster service, you pick up your smartphone, which scans your face and body, diagnoses your illness, sends an autonomous ambulance to pick you up, alerts the appropriate medical staff at... 2024  
Allison Durkin ESTIMATING A FACE: WHAT PREDICTING APPEARANCE FROM DNA REVEALS ABOUT THE NEED TO REGULATE GENETIC INVESTIGATIONS 101 Washington University Law Review 1241 (2024) Reliance on flawed forensic disciplines has placed innocent people in prison with alarming frequency. In the past thirty years, forensic science has contributed to half of all the wrongful convictions that the Innocence Project has exposed, and one-quarter of all known wrongful convictions in the United States. One of the few forensic disciplines... 2024  
Larisa G. Bowman EVICTION ABOLITION 55 Loyola University Chicago Law Journal 541 (Spring, 2024) This Article contends that today's eviction crisis in the United States is the civil equivalent of mass incarceration. Eviction, like mass incarceration, is a racialized and gendered system of social control heavily supervised by the state. State court judges order evictions, and law enforcement officers execute them. Eviction's mechanisms of... 2024 Yes
Kamilah Mims FAMILIAL ASSOCIATION UNDER SIEGE: THE IMPLICATIONS OF UNITED STATES v. MAGDALENO ON THE BLACK COMMUNITY 71 UCLA Law Review 992 (September, 2024) This Comment delves into the fundamental right to familial association and integrity in the United States, tracing its historical significance and its erosion in the criminal legal system. Focusing on the Ninth Circuit's case, United States v. Magdaleno, it scrutinizes a supervised release condition that restricts interactions with siblings,... 2024  
Pamela R. Goodwine FIGHTING DEATH: A CRITIQUE OF KENTUCKY'S DEATH PENALTY SYSTEM 112 Kentucky Law Journal 511 (2023-2024) Table of Contents. 511 Introduction. 512 I. Kentucky's Current Death Row Population. 522 II. The 2006 APA Litigation Challenging Kentucky's Execution Protocols. 525 A. 2006 Through 2018: The Outset of the Case Through DOC's Attempts to Amend the Execution Regulations.. 525 B. 2018 to the Present: Jurisprudential Developments Regarding the... 2024  
Jordan Weeks FILLING THE POTHOLES OF PRETEXTUAL TRAFFIC STOPS: A BETTER ROAD FORWARD FOR OHIO 72 Cleveland State Law Review 475 (2024) The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against unreasonable searches and seizures. But what does reasonable mean in the context of a traffic stop? In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing,... 2024  
Jane R. Bambauer FILTERED DRAGNETS AND THE ANTI-AUTHORITARIAN FOURTH AMENDMENT 97 Southern California Law Review 571 (March, 2024) Filtered dragnets are digital searches that identify a suspect based on the details of a crime. They can be designed to withhold information from law enforcement unless and until there is a very high probability that the individual has committed the offense. Examples today include DNA matching, facial recognition from photographs or video of a... 2024 Yes
Jacob D. Charles FIREARMS CARCERALISM 108 Minnesota Law Review 2811 (June, 2024) Gun violence is a pressing national concern. And it has been for decades. Throughout nearly all that time, the primary tool lawmakers have deployed to stanch the violence has been the machinery of the criminal law. Increased policing, intrusive surveillance, vigorous prosecution, and punitive penalties are showered on gun offenders. This Article... 2024 Yes
John M. Kang FIRST AMENDMENT FETISHISM 2024 Utah Law Review 679 (2024) The Supreme Court, starting in 1971, has lit upon a reckless path of protecting speech that is, by any reasonable measure, appallingly vulgar, emotionally hurtful, and dangerous. Against the wishes of the community, the Court has protected a roster of extremely offensive speech: a rageful repetition of the F-word uttered by a teacher before... 2024  
Colleen P. Graffy , Harry M. Caldwell , Gautam K. Sood FIRST TWELVE IN THE BOX: IMPLICIT BIAS DRIVING THE PEREMPTORY CHALLENGE TO THE POINT OF EXTINCTION 102 Oregon Law Review 355 (2024) Abstract. 356 Introduction. 357 I. Overview of Jury Formation. 360 A. Jury Venires. 360 B. Challenges for Cause. 361 C. Peremptory Challenges. 361 II. The Evolution of Peremptory Challenges. 362 A. The Development of Peremptory Challenges in England. 362 B. The Development of Peremptory Challenges in the United States. 365 III. The Batson v.... 2024  
Juval O. Scott , The Bronx Defenders, Bronx, New York, 718-838-7878, Email JScott@bronxdefenders.org, Website www.bronxdefenders.org FIVE WAYS TO CHALLENGE THE NEW FEDERAL GANG ENHANCEMENT 48-DEC Champion 14 (November/December, 20) Many federal court practitioners consider themselves to be trial lawyers, but an inordinate amount of federal court practice is focused on sentencing. Harsh mandatory minimum sentencing laws have almost single-handedly eliminated trials in federal court in some districts. Sentencing in federal court can be downright brutal for clients. But the... 2024  
Tyler R. Smotherman FOR POLICE, NOT PROFESSORS: WHY UNIVERSITY OFFICIALS SHOULD BE DENIED QUALIFIED IMMUNITY FOR FIRST AMENDMENT VIOLATIONS (AND WHY POLICE OFFICERS AND THE FOURTH AMENDMENT ARE DIFFERENT) 71 Drake Law Review 137 (2024) Contrary to public perception, qualified immunity does not apply just to police officers. Instead, the controversial doctrine shields all government officials from civil liability for all types of constitutional torts. This includes public university officials who violate students' First Amendment rights through censorship and viewpoint... 2024 Yes
Teneille Brown , Sarah Duensing , Bob Wong FORENSIC GENETICS IN THE SHADOWS 11 Journal of Law & the Biosciences 1 (July-December, 2024) This article examines the controversial practice of law enforcement agencies searching genetic samples obtained in health care settings, without a warrant or consent. While police have previously used public genealogy databases for this purpose, our article describes how they are now secretly accessing genetic information from newborn screening... 2024 Yes
Robyn M. Powell FOREWORD: REWRITING THE SCRIPT 77 Oklahoma Law Review 1 (Autumn, 2024) In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which gutted federal constitutional protections for abortion rights, securing fundamental human rights for disabled people has taken on heightened urgent importance. People with disabilities continue to face threats to their dignity and autonomy in critical... 2024  
Heidi Liu FROM INFORMATION RESTRICTIONS TO EMPLOYER ACCOUNTABILITY: REFRAMING EMPLOYMENT DISCRIMINATION 57 U.C. Davis Law Review 1797 (February, 2024) Information restrictions have received significant traction as a policy and legislative tool to fight employment discrimination. These policies forbid employers from requesting potentially prejudicial information like criminal records, salary history, or credit scores until the final stage of hiring. The assumption is that this information would... 2024  
Danielle Stokes FROM REDLINING TO GREENLINING 71 UCLA Law Review 628 (July, 2024) For generations, marginalized communities have been impacted by discriminatory land use, zoning, and property valuation policies, from redlining in the 1930s to the siting of undesirable land uses that persists today. Because of these policies, marginalized communities are forced to contend with low property values, substandard infrastructure, and... 2024  
Richard F. Storrow, Professor of Law GENDER IDENTITY AND BIRTH CERTIFICATES: THE SURROGACY NEXUS 31 Michigan Journal of Gender & Law 125 (2024) School of Law, City University of New York, 2 Court Square, Long Island City, New York, USA richard.storrow@law.cuny.edu This Article confronts and responds to the weaponization of birth certificates in recent controversies around gender identity by drawing parallels between gender identity and intentional parentage. A juxtaposition of gender... 2024  
Charles W. Tyler GENEALOGY IN CONSTITUTIONAL LAW 77 Vanderbilt Law Review 1713 (November, 2024) Genealogy is a form of argument that seeks to discredit social phenomena by exposing their pernicious ancestry. In recent years, the U.S. Supreme Court has used genealogy to undermine key provisions of written law, doctrinal rules, longstanding practices, and private conduct in cases involving a wide range of constitutional issues. After... 2024  
Malia Castillo GHOST WARRANTS AND MISTAKEN ARRESTS: HOW THEY HAUNT THE MARGINALIZED 40 Chicana/o-Latina/o Law Review 83 (2024) Shortly before America's police brutality protests of 2020, a new term emerged for an old phenomenon in the criminal legal system: ghost warrants. These warrants are the result of outdated and sometimes inaccurate or incomplete information. Yet they continue to repeatedly land innocent people in jail, sometimes for months at a time. In essence,... 2024 Yes
Jonathan Abel GOING FEDERAL, STAYING STATESIDE: FELONS, FIREARMS, AND THE "FEDERALIZATION" OF CRIME 73 American University Law Review 585 (February, 2024) Scholars have long debated the federalization of crime. Proponents assert that federal prosecutions are more likely than state prosecutions to result in convictions and severe punishments, and thus more likely to deter crime. Opponents argue that federalization leads to the arbitrary, and even racist, punishment of a few unlucky defendants plucked... 2024  
Nicole A. Ozer GOLDEN STATE SWORD: THE HISTORY AND FUTURE OF CALIFORNIA'S CONSTITUTIONAL RIGHT TO PRIVACY TO DEFEND AND PROMOTE RIGHTS, JUSTICE, AND DEMOCRACY IN THE MODERN DIGITAL AGE 39 Berkeley Technology Law Journal 963 (2024) The importance of state law and constitutions to protect and promote rights has become even more salient given the reality of a U.S. Supreme Court that is increasingly hostile to privacy and other civil rights. As we face a period of both critical social justice fights and rapid technological change, now is the time to ensure that the California... 2024  
Melanie Reid GOOD POLICING PRACTICES ARE DIFFICULT, EVEN FOR THE AVENGERS 72 Cleveland State Law Review 563 (2024) Policing, as a topic, is complicated. Many have strong views as to what police should or should not be doing and how effectively they are doing it. Too often policing has become polarized with various perspectives disagreeing as to the future of policing. Black Lives Matter, Defund the Police, and Policing Abolition movements are on one spectrum... 2024 Yes
Sarah Vendzules GUILTY AFTER PROVEN INNOCENT: HIDDEN FACTFINDING IN IMMIGRATION DECISION-MAKING 112 California Law Review 697 (June, 2024) The mere fact of arrest can cause an immigrant to lose their status, their freedom, or even their life. Immigration judges and other agency employees regularly use information from the criminal legal system to justify a discretionary denial, even when all criminal charges have been dismissed, and even when an immigrant is able to provide compelling... 2024  
  HABEAS RELIEF FOR STATE PRISONERS 53 Georgetown Law Journal Annual Review of Criminal Procedure 1118 (2024) Under 28 U.S.C. § 2254, a person in custody pursuant to a state court judgment may challenge the conviction and sentence in federal court by applying for a writ of habeas corpus. Habeas corpus petitions filed by state prisoners are subject to the Rules Governing Section 2254 Proceedings for the United States District Courts (Section 2254 Rules).... 2024  
Aziza Ahmed HIDDEN IN PLAIN SIGHT: REDEFINING THE FIELD OF NATIONAL SECURITY, RACE AND NATIONAL SECURITY. EDITED BY MATIANGAI SIRLEAF. OXFORD UNIVERSITY PRESS, 2023 15 Harvard National Security Journal 371 (2024) Throughout his campaign for presidency, Trump called for a ban on Muslims entering the United States. As President, he kept his word. Only days after he took office, the new administration released the first version of the Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States. The first Executive Order, however,... 2024  
Armen H. Merjian HOUSING DISCRIMINATION IS AS DANGEROUS AS DEFECTIVE STAIRS: THE NONDELEGABLE DUTY TO OBEY STATE AND LOCAL HOUSING DISCRIMINATION LAWS 85 Ohio State Law Journal 145 (2024) There are no clearly defined criteria for identifying duties that are nondelegable. Indeed, whether a particular duty is properly categorized as nondelegable necessarily entails a sui generis inquiry, since the conclusion ultimately rests on policy considerations. Kleeman v. Rheingold, 614 N.E.2d 712, 715 (N.Y. 1993). Inevitably it becomes a... 2024 Yes
Ian Farrell , Nancy Leong HOW CRIME DRAMAS UNDERMINE MIRANDA 14 UC Irvine Law Review 211 (January, 2024) In the half century since the Supreme Court decided Miranda v. Arizona, custodial interrogations have become a mainstay of popular culture. Even casual viewers of police procedurals will be exposed to hundreds of depicted arrests, interrogations, and other law enforcement conduct. It has become commonplace for courts, commentators, and the general... 2024 Yes
Jessica W. Gillooly , David Thacher HOW THE PUBLIC BECAME THE CALLER: THE EMERGENCE OF REACTIVE POLICING, 1880-1970 49 Law and Social Inquiry 2287 (November, 2024) (Received 21 June 2023; revised 27 November 2023; accepted 31 January 2024; first published online 04 April 2024) Why is the police role so broad in the United States today? Carceral state scholars have investigated how and why policymakers have treated so many social problems as policing problems, but they have not yet recognized the degree to... 2024 Yes
Ricky Mouser, Indiana University, rimouser@indiana.edu HOW TO READ A RIOT 26 Journal of Ethics & Social Philosophy 445 (February, 2024) George floyd, a 46-year-old Black man, was murdered by Derek Chauvin, a White police officer, in Minneapolis, Minnesota, on May 25, 2020. Although Chauvin was captured on video kneeling on Floyd's neck for around eight minutes, his official police report grossly misrepresented the nature of their encounter. In response, thousands of peaceful... 2024 Yes
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