AuthorTitleCitationSummaryYearkey Terms in Title or Summary
Talley Bettens, Department of Criminology, Law & Society, George Mason University THE RISKS AND CONSEQUENCES OF INNOCENCE IN SCHOOL DISCIPLINE: IMPLICATIONS FOR POLICY AND RESEARCH 30 Psychology, Public Policy, and Law 260 (August, 2024) Since the 1980s, schools across the United States have become increasingly punitive in their responses to student misconduct, leading to the criminalization of school discipline (e.g., zero-tolerance policies and police presence in schools). Research has documented the direct and indirect ways in which such punitive responses can increase a... 2024 Yes
Daniel S. Harawa THE SECOND AMENDMENT'S RACIAL JUSTICE COMPLEXITIES 108 Minnesota Law Review 3225 (June, 2024) The relationship between the Second Amendment and racial justice is complicated. That's because the relationship between penal administration and racial justice is complicated. The briefing in New York State Rifle & Pistol Association v. Bruen perfectly proves this point. A group of public defenders favored striking down New York's concealed carry... 2024  
Michael R. Ulrich THE SECOND AMENDMENT'S SECOND SEX 134 Yale Law Journal Forum 125 (11/12/2024) abstract. This Essay explores how the Supreme Court's Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow true man framing that ignores women's experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse. In... 2024  
William M. Carter Jr. THE SECOND FOUNDING AND SELF-INCRIMINATION 118 Northwestern University Law Review 927 (2024) Abstract--The privilege against self-incrimination is one of the most fundamental constitutional rights. Protection against coerced or involuntary self-incrimination safeguards individual dignity and autonomy, preserves the nature of our adversary system of justice, helps to deter abusive police practices, and enhances the likelihood that... 2024 Yes
Kimberly West-Faulcon THE SFFA v. HARVARD TROJAN HORSE ADMISSIONS LAWSUIT 47 Seattle University Law Review 1355 (Spring, 2024) Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case--Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly--is the most effective Trojan horse admissions lawsuit to date.... 2024  
Adam A. Davidson THE SHADOW OF THE LAW OF THE POLICE 122 Michigan Law Review 1035 (April, 2024) Shielded: How the Police Became Untouchable. By Joanna Schwartz. New York: Viking. 2023. Pp. xxi, 336. $30. Joanna Schwartz's Shielded: How the Police Became Untouchable is, in many ways, a triumph. It catalogues the laws regulating police with a breadth and depth unexpected from a book targeted to a popular audience, and it does so in gripping... 2024 Yes
Kurt X. Metzmeier THE SHORT AND TROUBLED HISTORY OF THE PRINTED STATE ADMINISTRATIVE CODES AND WHY THEY SHOULD BE PRESERVED 116 Law Library Journal 5 (2024) This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy. 1. Printed state administrative codes are being replaced by online-only codes, which has implications for preservation of older printed codes. 2. As... 2024 Yes
Simon R. Graf THE SINS OF THE FATHER: EXCISING MALIGNANT BIAS FROM ARTIFICIAL INTELLIGENCE 19 Journal of Business & Technology Law 401 (2024) I am worried that algorithms are getting too prominent in the world. It started out that computer scientists were worried nobody was listening to us. Now I'm worried that too many people are listening. Artificial Intelligence (AI) has permeated nearly every pore of our society, from autonomous vehicles to digital assistants to facial recognition... 2024 Yes
Maria Ponomarenko THE SMALL AGENCY PROBLEM IN AMERICAN POLICING 99 New York University Law Review 202 (April, 2024) Although legal scholars have over the years developed an increasingly sophisticated account of policing in the largest cities, they have largely overlooked the thousands of small departments that serve rural areas and small towns. As this Article makes clear, small departments are hardly immune from the various problems that plague modern policing.... 2024 Yes
Amber B. Vayo THE STATES OF INEQUALITY: METHODS FOR MAPPING LEGAL PLURALISM IN REPRODUCTIVE AUTONOMY 49 Law and Social Inquiry 209 (February, 2024) The field of public health law has been honing important transdisciplinary methods such as legal epidemiology and legal mapping. These methods can and should be integrated into socio-legal studies because they provide us with a way to capture the legal elements of interlocking power structures, offer ways to meaningfully compare and predict what... 2024  
Anne Marie Lofaso, Martin H. Malin THE SUPREME COURT, THE FIRST AMENDMENT, AND THE EROSION OF PUBLIC EMPLOYER MANAGERIAL AUTHORITY 101 Denver Law Review 519 (Spring, 2024) For nearly two centuries, public sector employment in the United States was governed by the privilege doctrine, also known as the right-privilege distinction, which stripped public employees of their citizenship rights by denying them protection against adverse employment actions retaliating against their exercise of those rights. In 1967, in... 2024  
Paul Finkelman THE TRAGEDY OF FELIX FRANKFURTER: FROM CIVIL LIBERTIES AND CIVIL RIGHTS ACTIVIST TO REACTIONARY JUSTICE 14 Columbia Journal of Race and Law 1086 (September, 2024) This article reconsiders the life and record of Supreme Court Justice Felix Frankfurter. Frankfurter was smart, hardworking, and talented, serving as a great activist lawyer and important law professor in his early career. When nominated to the court, there were high hopes he would follow Holmes and Brandeis in leading a progressive Court that... 2024  
Michael Brady THERE'S A NEW SHERIFF IN TOWN: HOW FEDERAL CONSENT DECREES WITH MUNICIPAL POLICE DEPARTMENTS SHOULD BE STRUCTURED TO BETTER-SERVE POLICE DEPARTMENTS AND THE PUBLIC 58 UIC Law Review 137 (Fall, 2024) I. Introduction. 138 II. Background. 141 A. Statutes Implementing the Consent Decree Process. 142 B. Historical Background of Consent Decrees. 144 1. Section 1983 Claims Did Not Address Systemic Police Reform. 144 2. Congress Addressed the Shortcomings of Section 1983 in the Wake of the Rodney King Riots. 146 3. The Presidential Election in 2016... 2024 Yes
Derrick Gailes THIRD EYE EXPERIENCE 49 Harbinger 38 (3/13/2024) For the non-racist Who didn't know But wants to understand The black experience of Police brutality and Racism in America-And be a part of the Change All around the world, anywhere, Where there's a concentration of Blacks, African Americans; countless Experiences can be recounted to You-Of brutality & racism, at the Hands, guns, and feet of police.... 2024 Yes
S. Lisa Washington TIME AND PUNISHMENT 134 Yale Law Journal 536 (November, 2024) Every three minutes, state agents remove a child from their home. Once a family is separated, impacted parents are up against a quickly approaching deadline--permanent legal separation looms at the end. In fact, impacted parents navigate three interrelated temporal dimensions: the race to permanent legal separation through the termination of... 2024  
Anjelica Hendricks TOLLING JUSTICE 85 Ohio State Law Journal 471 (2024) Police officers commit crimes. All too often, however, they are not prosecuted. For decades, the conventional explanation has been that unprosecuted police crimes are the product of human choices: prosecutors who shield the police, unions that immunize their members from accountability, and police themselves for refusing to condemn their... 2024 Yes
Alice Abrokwa TOO STUBBORN TO CARE FOR: THE IMPACTS OF DISCRIMINATION ON PATIENT NONCOMPLIANCE 77 Vanderbilt Law Review 461 (March, 2024) The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over time, but implicit racial bias in the healthcare context can be as deadly, particularly when it intersects with ableism and sexism. Researchers have found that medical providers are more likely to... 2024 Yes
Reuben Jonathan Miller, Crown Family School, University of Chicago, Chicago, IL, USA and American Bar Foundation, Chicago, IL, USA, Email: reuben@uchicago.edu TOWARD A POLITIC OF WELCOME: A RESPONSE TO LAURA BETH NIELSEN'S PRESIDENTIAL ADDRESS 58 Law and Society Review 54 (March, 2024) (Received 20 December 2023; accepted 28 December 2023) Laura Beth Nielsen's presidential address is more than an intervention in how we study the law; her remarks resonate with a path toward a more just future. Through relational rights, Nielsen offers a reimagining of law and society scholarship that asks our field to look anew at the role of law... 2024  
Cara McClellan, Jamelia Morgan TOWARD ABOLITIONIST REMEDIES: POLICE (NON)REFORM LITIGATION AFTER THE 2020 UPRISINGS 51 Fordham Urban Law Journal 635 (March, 2024) Introduction. 636 I. Police Surveillance & Excessive Force Against Black Philadelphians. 642 A. Surveillance and Over-policing of Black Activists. 643 B. PPD's Over-policing and Excessive Use of Force Against Black Residents. 646 C. The 52nd Street Community. 650 II. The Lawsuit. 652 A. The Events of May 31. 652 B. The Allegations. 657 III. Seeking... 2024 Yes
Cary Chapman TOWARDS ACCESSIBLE PRO SE DIVORCE FOR DOMESTIC VIOLENCE SURVIVORS IN PENNSYLVANIA 173 University of Pennsylvania Law Review 243 (November, 2024) In situations of domestic violence, divorce offers legal freedom from an abusive spouse. But too often, access to divorce cuts along class lines. While the affluent have access to attorneys to navigate the complex procedural requirements in Pennsylvania's divorce code, low-income litigants have no such luxury. Many pro se divorce litigants simply... 2024  
Justin Weinstein-Tull TRAFFIC COURTS 112 California Law Review 1183 (August, 2024) Traffic courts are deeply important, but we know almost nothing about what goes on inside them. This is a problem for at least three reasons. First, traffic courts resolve over half of all cases brought into our justice system each year. Understanding how traffic courts work is thus crucial for understanding how courts themselves work. Second,... 2024  
Scott Skinner-Thompson TRANS ANIMUS 65 Boston College Law Review 965 (March, 2024) Introduction. 966 I. Constitutional Prohibitions on Animus. 972 A. Structural Overbreadth as Animus. 974 B. Structural Underinclusiveness as Animus. 977 C. Pretextual Government Interests as Animus. 979 D. Direct Evidence of Animus. 981 II. The Breadth and Depth of Anti-Trans Animus. 983 A. Anti-Trans Overbreadth, Underinclusiveness & Pretextual... 2024  
Sunita Patel TRANSINSTITUTIONAL POLICING 137 Harvard Law Review 808 (January, 2024) C1-2CONTENTS Introduction. 810 I. The Transinstitutional Approach to Studying Policing. 818 A. The Continuum of Institutional Police. 818 B. Which Institutions?. 823 II. Policing the Public. 824 A. Red Flagging. 826 B. Street Policing. 839 C. Wellness Checks. 851 III. Surveilling the Public. 862 A. Networked Information. 862 B. Bureaucratic... 2024 Yes
Samantha Buckingham TRAUMA-FOCUSED JUSTICE: RECOGNIZING SYSTEMIC TRAUMA 46 University of Arkansas at Little Rock Law Review 519 (Summer, 2024) Both the juvenile justice and criminal justice systems have begun to recognize trauma as well as their own potential to traumatize. Trauma, especially childhood trauma, has far-reaching implications for systems--from policing to incarceration--and those impacted by these systems, including victims, defendants, and communities alike. An appreciation... 2024 Yes
Todd J. Clark , Caleb Gregory Conrad , André Douglas Pond Cummings , Amy Dunn Johnson TRAUMA-INFORMED JUSTICE 46 University of Arkansas at Little Rock Law Review 535 (Summer, 2024) The wide-ranging psychological and physiological impacts of trauma and Adverse Childhood Experiences (ACEs) have been known and studied in the medical community for nearly three decades. These impacts range from the development of stressor-related disorders to eye-popping decreases in life expectancy. More recent literature has examined racial... 2024  
Emily J. Stolzenberg TRIBES, STATES, AND SOVEREIGNS' INTEREST IN CHILDREN 102 North Carolina Law Review 1093 (May, 2024) Haaland v. Brackeen, last year's unsuccessful Supreme Court challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute's forty-five-year history: that ICWA harms Indian children by subordinating their interests to their tribes' interests, unlike State family law, which pursues the best interests of... 2024  
  TRIBUTES TO PROFESSOR GEORGE E. EDWARDS 34 Indiana International & Comparative Law Review 155 (2024) 1. Abstract, Tributes to Professor George E. Edwards, Indiana Int'l & Comp. L. Rev., Vol. 34, Issue 2, pp 156 - 157 (2024) 2. Editors, Indiana International and Comparative Law Review, Tribute to Professor George E. Edwards Upon His Retirement from the Faculty of the Indiana University Robert H. Mckinney School of Law, Indiana Int'l & Comp. L.... 2024  
Keenan Hunt-Stone TRUTH OR DARE? RETHINKING SCHOOL DRUG EDUCATION IN AMERICA 104 Boston University Law Review 1479 (September, 2024) Anyone who went to school in the United States from the late '80s to early 2000s is likely familiar with the DARE program. For decades American schoolchildren across the nation sat through police-led lectures on how to just say no to drugs and alcohol. DARE capitalized on waves of federal funding to ensure DARE-trained police officers were in... 2024 Yes
Diane Heckman, J.D. U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: THE BACK STORY AND PHASE ONE AFFIRMATIVE ACTION CASES 416 West's Education Law Reporter 749 (1/4/2024) I. Introduction II. Background of the UNC and Harvard College Cases III. Race Considerations in This Country IV. Pivotal Fourteenth Amendment Equal Protection Clause Education Case: Brown v. Board of Education V. Supreme Court's Earlier Phase One Cases Involving Education, Affirmative Action, and the Fourteenth Amendment A. Proponents Versus... 2024  
Kate Markey UNLAWFUL INTIMACY: THE CRIMINALIZATION OF INTERRACIAL RELATIONSHIPS IN PROGRESSIVE-ERA CHICAGO 49 Law and Social Inquiry 1169 (May, 2024) This article shows how Progressive-Era state actors in Chicago employed open-ended, low-level criminal charges directed at regulating the moral health of the community to criminalize interracial relationships--even though interracial marriage had been legal in Illinois since 1870. Capacious legal definitions of offenses like vagrancy, disorderly... 2024  
  UNMASKING THE BOSTON POLICE DEPARTMENT'S GANG DATABASE: HOW AN ARBITRARY SYSTEM CRIMINALIZES INNOCENT CONDUCT 137 Harvard Law Review 1381 (March, 2024) A teenager in East Boston walks to school wearing a blue windbreaker--a gift from his mother--and a Chicago Bulls hat. Along the way, he crosses paths with a friend and a classmate he does not know, who walk with him. Once at school, he rushes to class and stops briefly to talk with a peer about their school project. When the school day ends, he... 2024 Yes
Sam Kamin UNREASONABLE TRAFFIC STOPS 65 William and Mary Law Review 1349 (May, 2024) In 1996, the Supreme Court announced in Whren v. United States that a traffic stop is constitutional if there is probable cause to believe a traffic infraction has occurred. So long as the officers who stop an individual can point--even after the fact--to any violation of the traffic laws, their actual, subjective motivations for initiating a stop... 2024  
Jennifer Bauer UNREASONABLE, UNFAIR, AND UNACCOUNTABLE: WHAT COMMONWEALTH v. POWNALL REVEALS ABOUT INSTRUCTING JURIES ON POLICE USE OF DEADLY FORCE 128 Penn State Law Review 987 (Spring, 2024) Police violence is a widespread problem in the United States that disproportionately affects Black communities. Social justice movements and the media pressure prosecutors to pursue criminal charges against offending officers. However, convictions are rare, partly because officers can assert a legal defense for using deadly force in effecting... 2024 Yes
Brandon Hasbrouck UNSHIELDED: HOW THE POLICE CAN BECOME TOUCHABLE: SHIELDED: HOW THE POLICE BECAME UNTOUCHABLE. BY JOANNA SCHWARTZ. NEW YORK, N.Y.: VIKING. 2023. PP. XXI, 308. $30.00 137 Harvard Law Review 895 (January, 2024) We're Americans. --Red I grew up in upstate New York. My family was poor. We were one of a handful of Black families in a predominantly white trailer park. As a single mother raising four children, my mom worked tirelessly for us to survive. She would come home after working a three-to-eleven shift and pray. She would often pray that my older... 2024 Yes
Terry Allen USING SPATIAL AND QUALITATIVE ANALYSIS TO RETHINK SCHOOL POLICING 112 Georgetown Law Journal 987 (May, 2024) When researchers typically think about the problem of policing in schools, we tend to focus on the experiences of Black children in majority-Black and Latino schools. This body of scholarship has shown that Black students disproportionately experience negative police encounters in majority-Black and Latino schools compared to other racial and... 2024 Yes
Lisa A. Tucker UTAH v. STRIEFF AND TEACHING ANALYSIS 98 Saint John's Law Review 121 (2024) In Utah v. Strieff, the Supreme Court considered whether the Fourth Amendment required suppression of evidence obtained in an unlawful investigatory stop when police discovered that the person stopped was subject to lawful arrest based on an unrelated outstanding warrant. The majority opinion, written by Justice Clarence Thomas, held that... 2024 Yes
Nabil Yousfi VERSES TURNED TO VERDICTS: YSL RICO CASE SETS A HIGH-WATERMARK FOR THE LEGAL PSEUDO-CENSORSHIP OF RAP MUSIC 47 Seattle University Law Review 1507 (Spring, 2024) Whichever way you spin the record, rap music and courtrooms don't mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh's ear for rap music, frequently allowing rap lyrics--but not similar... 2024  
Patrick Maley WARDLOW AFTER BLACK LIVES MATTER: USING A PROTEST MOVEMENT TO ESTABLISH A COLORABLE EQUAL PROTECTION CHALLENGE TO SUPREME COURT PRECEDENT 54 Seton Hall Law Review 1437 (2024) In the war against drugs, the justification of one questionable search as the basis for the next questionable search, and the next one, is slowly leading to the erosion of our Fourth Amendment protections. This process occurs almost imperceptibly in much the same way that light fades into dusk and dusk into darkness. It is in this twilight period... 2024  
  WARRANTLESS SEARCHES AND SEIZURES 53 Georgetown Law Journal Annual Review of Criminal Procedure 49 (2024) Under the Fourth Amendment, every search or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based on probable cause and executed pursuant to a warrant. However, certain kinds of searches and seizures are valid as exceptions to the probable cause and warrant requirements,... 2024  
Semir Bulle, MD WE CANNOT POLICE SYSTEMIC RACISM AND SYSTEMIC POVERTY: WHY POLICING IS NOT A SOLUTION TO OUR PUBLIC HEALTH CRISIS 2024 Utah Law Review 807 (2024) Health outcomes are profoundly influenced by the environmental conditions in which people live. The persistent legacy of structural injustices suffered by Indigenous and Black communities has had a detrimental effect on their current health status. These disparities are deeply troubling. In Canada, an individual's racial background is the primary... 2024 Yes
Garrett I. Halydier WE(ED) THE PEOPLE OF CANNABIS, IN ORDER TO FORM A MORE EQUITABLE INDUSTRY: A THEORY FOR IMAGINING NEW SOCIAL EQUITY APPROACHES TO CANNABIS REGULATION 19 University of Massachusetts Law Review 225 (Spring, 2024) States increasingly implement social equity programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to... 2024  
Aliza Hochman Bloom WHACK-A-MOLE REASONABLE SUSPICION 112 California Law Review 1129 (August, 2024) Given we know that young Black men are disproportionately surveilled, stopped, questioned, and searched by police, why do courts permit continued use of ambiguous and racialized descriptions of behavior to support the reasonable suspicion required for a stop or frisk? Because a court's reasonable suspicion calculus often relies exclusively on one... 2024 Yes
Issa Kohler-Hausmann WHAT DID SFFA BAN? ACTING ON THE BASIS OF RACE AND TREATING PEOPLE AS EQUALS 66 Arizona Law Review 305 (Summer, 2024) The Supreme Court has declared that the race-conscious admissions at Harvard and the University of North Carolina (UNC) are unconstitutional under the Fourteenth Amendment of the United States Constitution. The problem is, nobody knows what, precisely, has been banned by the Court's decision in Students for Fair Admissions v. Harvard. The... 2024  
Máximo Langer WHAT IS PENAL MINIMALISM? 101 Washington University Law Review 2031 (2024) C1-2Table of Contents Introduction. 2032 I. Minimalism as a Conceptual and Normative Space Between Tough-on-Crime Positions, Abolitionism, and Civil Libertarianism in the United States. 2034 II. Three Minimalist Criminal Law Works. 2037 A. Diritto Penale Minimo for Luigi Ferrajoli. 2037 B. Douglas Husak's Criminal Law Minimalism. 2042 C. My... 2024  
Allison Gherovici WHATEVER HAPPENED TO PROTECTING FAMILIES: THE SIXTH CIRCUIT NARROWS AVAILABILITY OF 42 U.S.C. § 1983 RELIEF FOR CHILDREN OF A WRONGFULLY INCARCERATED PARENT 69 Villanova Law Review 397 (2024) In 2017, a Texas court overturned the wrongful conviction of Hannah Overton, a mother of five. Overton was fostering a four-year-old child who mysteriously died of high sodium levels. The court convicted Overton of capital murder and sentenced her to prison for seven years. Ten years after the conviction, Overton's appellate attorney prevailed on a... 2024  
Robyn Weinstein WHAT'S GOING ON? DIVERSITY, EQUITY, AND INCLUSION DISPUTE RESOLUTION INITIATIVES IN THE U.S. 73 Washington University Journal of Law & Policy 294 (2024) Our past, our history, and the people we encounter in life matter. They matter because they shape our experiences, our stories, our identities, what we choose to do (or not do), our present, our future and our ethical stance. - Jacqueline N. Font-Guzmán Over the course of my career, I have worked for and managed community dispute resolution... 2024  
Teneille R. Brown WHEN DOCTORS BECOME COPS 97 Southern California Law Review 675 (March, 2024) The lines between law enforcement and health care are blurring. Police increasingly lean on doctors to provide them with genetic samples, prescription histories, and toxicology results that they could not obtain on their own. This often occurs without a warrant or the patient's consent. At the same time, legislatures are using physicians as... 2024 Yes
Julia Eger WHEN HANDCUFFS REPLACE DETENTION SLIPS: REDUCING THE CRIMINALIZATION OF STUDENTS BY FILLING GAPS IN FOURTH AMENDMENT DOCTRINE 27 University of Pennsylvania Journal of Law and Social Change 45 (2024) The presence of School Resource Officers (SROs) in today's schools puts students at risk of being arrested for a variety of non-dangerous behaviors that schools would otherwise address through the school discipline process. This issue disproportionately affects students of color, and their interactions with SROs detract from their education and... 2024  
Hector Pagan WHEN PROSECUTORS DEFY THE CONSTITUTION: UNMASKING THE CONSTITUTIONAL AND SOCIAL RAMIFICATIONS OF CATEGORICAL PROSECUTORIAL NULLIFICATION 57 Suffolk University Law Review 391 (2024) The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for. The Take Care Clause of the United States Constitution mandates the President shall take care that the... 2024  
Emily Galvin-Almanza WHEN WARRIORS BECOME HEALERS 39-SUM Criminal Justice 30 (Summer, 2024) In our current national conversation on public safety, policing, mass incarceration, and the future of racial justice in America, nothing has been more underestimated and underdiscussed than the tremendous potential of public defenders to bring about change. When we as defenders make the news, it's usually because of a crisis--historic lack of... 2024 Yes
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