AuthorTitleCitationSummaryYear
Trevor George Gardner Immigrant Sanctuary as the "Old Normal": a Brief History of Police Federalism 119 Columbia Law Review 1 (January, 2019) Three successive presidential administrations have opposed immigrant-sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular; Search Snippet: ...IMMIGRANT SANCTUARY AS THE OLD NORMAL: A BRIEF HISTORY OF POLICE FEDERALISM Trevor George Gardner [FNa1] Copyright © 2019 by the Directors... 2019
Ryan Hartzell C. Balisacan Incorporating Police Provocation into the Fourth Amendment "Reasonableness" Calculus: a Proposed Post-mendez Agenda 54 Harvard Civil Rights-Civil Liberties Law Review 327 (Winter, 2019) When police officers provoke a violent encounter that leads to the shooting of a civilian, should they be held liable for damages? Intuitive notions of justice suggest that they should, but Fourth Amendment jurisprudence has yet to provide a clear answer. Circuits split on whether courts can consider officers' earlier provocations. Using a... 2019
Jennifer E. Laurin Justice in Wonderland a Review of Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing, by Issa Kohler-hausmann 97 Texas Law Review Online 25 (2019) There is a place in the American criminal justice system . a place explored by few legal scholars and even fewer law students . a Wonderland where the order and logic of criminal adjudication as it is conventionally understood appears topsy-turvy or even absent. The place is called Misdemeanorland, and in her recent book by that name, Yale law... 2019
Ann L. Schiavone K-9 Catch-22: the Impossible Dilemma of Using Police Dogs on Apprehension of Suspects 80 University of Pittsburgh Law Review 613 (Spring, 2019) In the past several years, the city of Pittsburgh, Pennsylvania has seen two canine police dogs (K-9s) killed in the line of duty, Rocco in January 2014, and Aren in January of 2016. Both were killed by stab wounds while attempting to apprehend suspects. The man who killed Rocco received significant jail time for stabbing and killing the dog, while... 2019
Vida B. Johnson Kkk in the Pd: White Supremacist Police and What to Do about it 23 Lewis & Clark Law Review 205 (2019) There is an epidemic of white supremacists in police departments. Police officers have been identified as members of white supremacist groups in Florida, Alabama and Louisiana. There have been scandals in over 100 different police departments, in over forty different states, in which individual police officers have sent overtly racist emails,... 2019
Angela Morris Law School Tackles Police Reform 105-FEB ABA Journal 12 (January-February, 2019) IN 2016, professor Rosa Brooks was on a sabbatical from her position at Georgetown University Law Center to finish a book. After it was complete, Brooks began looking for a new project and decided to enroll in the police academy. As she progressed through tactical training to become a volunteer reserve police officer in Washington, D.C., Brooks was... 2019
Bradley D. Celestin, John K. Kruschke , Indiana University Lay Evaluations of Police and Civilian Use of Force: Action Severity Scales 43 Law and Human Behavior 290 (June, 2019) In modern societies, citizens cede the legitimate use of violence to law enforcement agents who act on their behalf. However, little is known about the extent to which lay evaluations of forceful actions align with or diverge from official use-of-force policies and heuristics that officers use to choose appropriate levels of responsive force.... 2019
Anna Roberts Lead Us Not into Temptation: a Response to Barbara Fedders's "Opioid Policing" 94 Indiana Law Journal Supplement 91 (2019) In Opioid Policing, Barbara Fedders contributes to the law review literature the first joint scholarly analysis of two drug policing innovations: Seattle's Law Enforcement Assisted Diversion (LEAD) program and the Angel Initiative, which originated in Gloucester, Massachusetts. Even while welcoming the innovation and inspiration of these... 2019
Daanika Gordon , Emma Shakeshaft Linking Racial Classification, Racial Inequality, and Racial Formation: the Contributions of Pulled over 44 Law and Social Inquiry 257 (February, 2019) Epp, Charles, Steven Maynard-Moody, and Donald Haider-Markel. Pulled Over: How Police Stops Define Race and Citizenship. Chicago: University of Chicago Press, 2014. Pulled Over: How Police Stops Define Race and Citizenship, by Charles R. Epp, Steven Maynard-Mood, and Donald Haider-Markel, is an important piece of law and society scholarship that... 2019
Bert-Jaap Koops , Bryce Clayton Newell , Ivan S̆korvánek Location Tracking by Police: the Regulation of 'Tireless and Absolute Surveillance' 9 UC Irvine Law Review 635 (March, 2019) Location information reveals people's whereabouts, but can also tell much about their habits, preferences, and, ultimately, much of their private lives. Current surveillance technologies used in criminal investigation include many techniques to track someone's movements; not all are equally intrusive. This raises the following questions: how do; Search Snippet: ...UC Irvine Law Review March, 2019 Article LOCATION TRACKING BY POLICE: THE REGULATION OF TIRELESS AND ABSOLUTE SURVEILLANCE Bert-Jaap Koops... 2019
Michael Vitiello Marijuana Legalization, Racial Disparity, and the Hope for Reform 23 Lewis & Clark Law Review 789 (2019) The criminalization of marijuana is rooted in a deeply racist history and has devastated minority communities. Studies show that usage of the drug is consistent across racial groups, but arrests of minorities are nevertheless higher than arrests of white offenders. Indeed, those kinds of disparities have persuaded some voters and policy makers to... 2019
Barbara Fedders Opioid Policing 94 Indiana Law Journal 389 (Spring, 2019) This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social... 2019
Higinio Guillermo Reyes Jr., Kate Alexandra Houston , Texas A&M International University Perceptions of Police Brutality: Does Audio Matter? 25 Psychology, Public Policy, and Law 315 (November, 2019) This research investigated whether the perceived level of force (categorized as justifiable force, moderate force, or excessive force) used by a law enforcement officer in effecting an arrest or detention changes depending on whether the audio track was present or removed from the arrest video. Participants were each shown 5 arrest videos with; Search Snippet: ...LAW Psychology, Public Policy, and Law November, 2019 PERCEPTIONS OF POLICE BRUTALITY: DOES AUDIO MATTER? [FNa1] Higinio Guillermo Reyes Jr. Kate... 2019
Dillan McQueen Platforms and Police Departments: on the Risk of Contractual Liability for Social Media Surveillance of Political Activism 50 University of Memphis Law Review 199 (Fall, 2019) I. Introduction. 200 II. Political Activists Lack Traditional Remedies Against Police Departments. 206 A. Harm to Political Activists. 207 B. Limits on Other Causes of Action and Contract as a Solution. 211 III. Political Activists Have a Cause of Action as Third-Party Beneficiaries. 213 A. The Third-Party Beneficiary Principle Is Well-Established; Search Snippet: ...University of Memphis Law Review Fall, 2019 Note PLATFORMS AND POLICE DEPARTMENTS: ON THE RISK OF CONTRACTUAL LIABILITY FOR SOCIAL MEDIA... 2019
James Volpe Police and Community Relations: Will "To Serve and Protect" Be Words the Public Can Ever Trust? 39 Northern Illinois University Law Review 288 (Spring, 2019) In today's society police officers are constantly being criticized as having too much power over the citizens they are sworn to serve and protect. Unlike before current technological advances, citizens can now see when a police officer uses force. In-squad video cameras, smart phones and police body cameras make it possible for violent encounters; Search Snippet: ...LAW REVIEW Northern Illinois University Law Review Spring, 2019 Article POLICE AND COMMUNITY RELATIONS: WILL TO SERVE AND PROTECT BE WORDS... 2019
Nirej Sekhon Police and the Limit of Law 119 Columbia Law Review 1711 (October, 2019) For more than fifty years, the problems endemic to municipal policing in the United States--brutality, racial discrimination, corruption, and opacity--have remained remarkably constant. This has occurred notwithstanding the advent of modern constitutional criminal procedure and countless judicial opinions applying it to the police. The municipal... 2019
Bridget M. Synan Police Body Camera Footage: It's Just Evidence 57 Duquesne Law Review 351 (Summer, 2019) I. Introduction. 351 II. Policing and Camera Technology. 353 A. The Exercise of Discretion. 353 B. The Call for Body-Worn Cameras. 355 C. Lessons Learned from Dashboard Camera. 359 III. The Tension Between Privacy and Transparency. 365 A. Privacy Concerns. 365 B. Body-Worn Camera Legislation in Pennsylvania. 370 III. Body-Worn Camera Policy... 2019
Stephen Rushin Police Disciplinary Appeals 167 University of Pennsylvania Law Review 545 (February, 2019) This Article argues that police disciplinary appeals serve as an underappreciated barrier to officer accountability and organizational reform. Scholars and experts generally agree that rigorous enforcement of internal regulations within a police department promotes constitutional policing by deterring future misconduct and removing unfit officers... 2019
Rachel Moran Police Privacy 10 UC Irvine Law Review 153 (October, 2019) Introduction. 154 I. Disputes Regarding Disclosure of Police Misconduct Records. 157 II. Privacy: What It Is and What It Protects. 165 A. History and expansion of the right to privacy. 165 B. Development of a right to informational privacy. 168 C. Limitations on the right to informational privacy. 169 III. Police Officers and Privacy Rights. 174 A.... 2019
Justin K. Reichman Police Reform as Preventative Medicine: Reframing Police-community Violence as a Public Health Law Issue 22 Quinnipiac Health Law Journal 289 (2019) The author considers police-community violence a public health issue and evaluates the issue through the lens of public health law. Police-community violence is larger than the criminal justice system, and affects the health of the community as a whole. This concept is well documented in public health circles, but is surprisingly absent from... 2019
Barbara E. Armacost Police Shootings: Is Accountability the Enemy of Prevention? 80 Ohio State Law Journal 907 (2019) Police officers shoot an unarmed man or woman. The victim's family and community cry out for someone to be held accountable. In minority communities, where a disproportionate number of officer-involved shootings occur, residents suspect that racial animus and stereotypical assumptions about dangerous black men played a part. Citizens seek; Search Snippet: ...OHIO STATE LAW JOURNAL Ohio State Law Journal 2019 Article POLICE SHOOTINGS: IS ACCOUNTABILITY THE ENEMY OF PREVENTION? Barbara E. Armacost... 2019
Daniel Rietiker Police Violence and How to Fight It, in Particular When Racially Motivated: the Example of the European Court of Human Rights 52 Suffolk University Law Review 417 (2019) Police violence is a widespread, global issue. It concerns the United States as much as it does Europe and other parts of the world. According to an Amnesty International report published in 2015, hundreds of men and women are killed by police each year across the United States. Even though some cases-- like the fatal shooting of Michael Brown in... 2019
Dhruti J. Patel Policing Corporate Conduct Toward Minority Communities: an Insurance Law Perspective on the Use of Race in Calculating Tort Damages 53 University of Michigan Journal of Law Reform 227 (Fall, 2019) Courts commonly use U.S. Department of Labor actuarial tables, which explicitly take into account the race of the tort victim, to determine average national wage, work-life expectancy, and life expectancy. This practice has led to wide discrepancies between average damage awards for minority plaintiffs compared to white plaintiffs even if both... 2019
Wayne A. Logan Policing Police Access to Criminal Justice Data 104 Iowa Law Review 619 (January, 2019) Today, it is widely recognized that we live in an information-based society. This is certainly true of police on street patrol, who more than ever before rely on, and enjoy ready access to, information when doing their work. Information in aggregated form, for instance, is used to create algorithms for hot spot policing that targets... 2019
Deborah Ramirez , Marcus Wraight , Lauren Kilmister , Carly Perkins Policing the Police: Could Mandatory Professional Liability Insurance for Officers Provide a New Accountability Model? 45 American Journal of Criminal Law 407 (Spring, 2019) When Eric Garner's mother, Gwen Carr, asked a Congressional Black Caucus panel on policing why the officer who killed her son with an illegal chokehold was still employed, the question hung in the air. Article coauthor Professor Deborah Ramirez sat amongst the assembled experts who struggled to answer that day. This paper was born in that silence... 2019
Jordan Blair Woods Policing, Danger Narratives, and Routine Traffic Stops 117 Michigan Law Review 635 (February, 2019) This Article presents findings from the largest and most comprehensive study to date on violence against the police during traffic stops. Every year, police officers conduct tens of millions of traffic stops. Many of these stops are entirely unremarkable--so much so that they may be fairly described as routine. Nonetheless, the narrative that... 2019
Glenn D. Walters, Kutztown University Predicting Early Adolescent Offending with Criminal Victimization and Delinquent Peer Associations by Way of Negative Attitudes Toward the Police 43 Law and Human Behavior 517 (December, 2019) This study was designed to investigate the effect of victimization experiences and peer influence on delinquency via one's attitude toward the police. It was hypothesized that negative attitudes toward the police would mediate the prospective relationships between victimization and offending and between peer delinquency and offending. Participants; Search Snippet: ...DELINQUENT PEER ASSOCIATIONS BY WAY OF NEGATIVE ATTITUDES TOWARD THE POLICE [FNa1] Glenn D. Walters Kutztown University Copyright © 2019 by American... 2019
Ekow N. Yankah Pretext and Justification: Republicanism, Policing, and Race 40 Cardozo Law Review 1543 (April, 2019) On April 4, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott's name joined a heartbreaking list of men of color killed by unjustified police violence. The video of the incident also broadcast to the world the spectacular violence always lurking beneath... 2019
Thomas R. Smith, Jr. Protecting Police Applicants from Disability Discrimination under the Americans with Disabilities Act 36 Hofstra Labor and Employment Law Journal 187 (Spring, 2019) L1-2Table of Contents I. Introduction. 189 II. Background. 193 A. Police Department Hiring Policies. 193 1. Minnesota Multiphasic Personality Inventory. 198 2. Explicit and Implicit Bias. 200 3. Focus on the Positive. 202 B. Neurological, Cognitive and Psychological Disabilities. 202 C. The Americans with Disabilities Act. 204 III. Analysis. 208 A.... 2019
Julia Simon-Kerr Public Trust and Police Deception 11 Northeastern University Law Review 625 (Summer, 2019) INTRODUCTION. 627 I. DECEPTIVE INTERROGATION IN PRACTICE. 634 II. LEGAL LEGITIMACY. 643 III. PRAGMATIC LEGITIMACY. 650 A. Efficacy as Confessions. 650 B. Efficacy as Accurate Outcomes. 653 IV. PERCEIVED LEGITIMACY. 663 A. Trust and Police Legitimacy. 666 B. Deceptive Interrogation and Trust. 670 V. MORAL LEGITIMACY. 677 A. A Philosophical Taxonomy; Search Snippet: ...Northeastern University Law Review Summer, 2019 Article PUBLIC TRUST AND POLICE DECEPTION Julia Simon-Kerr [FNa1] Copyright © 2019 by Northeastern University... 2019
  Race & Criminal Justice Ohio Issue 1 and Beyond 2019 Federal Sentencing Reporter 1282361 (February 1, 2019) Mass incarceration is a crisis in America. Nationwide, 2.2 million Americans are in prison or jail. Nearly five million are on community control. Many of these Americans are locked away or punished for low-level, non-violent drug offenses. Our nation's history of racism and discrimination is deeply ingrained in our criminal justice system. Today,... 2019
  Race & Criminal Justice Ohio Issue 1 and Beyond 2019 Federal Sentencing Reporter 2453384 (February 1, 2019) Mass incarceration is a crisis in America. Nationwide, 2.2 million Americans are in prison or jail. Nearly five million are on community control. Many of these Americans are locked away or punished for low-level, non-violent drug offenses. Our nation's history of racism and discrimination is deeply ingrained in our criminal justice system. Today,... 2019
Yazmine C'Bona Levonna Nichols Race Has Everything to Do with It: a Remedy for Frivolous Race-based Police Calls 47 Fordham Urban Law Journal 153 (December, 2019) Introduction. 154 I. Anti-Blackness and White Supremacy as Context. 159 A. Definitions. 159 B. Anecdotes: Exclusion Resulting in Black Geographical Confinement. 160 II. The Legal Construction of White Space as Protected Space. 162 A. The Slave Codes and the Black Codes. 162 B. Jim and Jane Crow. 163 C. Post-Jim and Jane Crow. 165 III. The... 2019
Xia Wang , Justin Ready , Garth Davies Race, Ethnicity, and Perceived Minority Police Presence: Examining Perceptions of Criminal Injustice among Los Angeles Residents 53 Law and Society Review 706 (September, 2019) Although the conventional wisdom holds that increasing the number of minority officers will enhance residents' perceptions of police and the criminal justice system, further systematic investigation of this hypothesis may be needed. Building on the group-position thesis, the representative bureaucracy theory, and prior research, this study... 2019
Alfredo Parrish Racial Disparity in Iowa's Criminal Justice System 150 Years after Clark 67 Drake Law Review 251 (2019) Southern trees bear a strange fruit Blood on the leaves and blood at the root Black bodies swinging in the southern breeze Strange fruit hanging from the poplar trees Strange Fruit was sung by Billie Holiday 71 years after the Iowa Supreme Court ruled in Clark v. Board of School Directors that a young African American could attend an all-white... 2019
Aziz Z. Huq Racial Equity in Algorithmic Criminal Justice 68 Duke Law Journal 1043 (March, 2019) Algorithmic tools for predicting violence and criminality are increasingly deployed in policing, bail, and sentencing. Scholarly attention to date has focused on these tools' procedural due process implications. This Article considers their interaction with the enduring racial dimensions of the criminal justice system. I consider two alternative... 2019
Jodi Rios, PhD Racial States of Municipal Governance: Policing Bodies and Space for Revenue in North St. Louis County, Mo 37 Law & Inequality: A Journal of Theory and Practice 235 (Summer, 2019) In the suburbs of North St. Louis County, Black residents are disciplined and policed for revenue to fund small struggling cities. To put it in the way many residents do, municipalities view poor Black residents as ATMs, to which they return time and again through multiple forms of predatory policing and juridical practices. As part of this... 2019
David Trausch Real Transparency: Increased Public Access to Police Body-camera Footage in Texas 60 South Texas Law Review 373 (2019) I. Introduction 373 II. History and Importance of Public Access to Government Records 375 III. Intended Benefits and Purposes of Using Police Body Cameras 377 IV. Texas's Laws Regulating Public Access to Police Body-Camera Footage 380 V. The Public Should Have More Access to Police Body-Camera Footage in Texas 383 A. The PIA Should Regulate Public... 2019
Taurus Myhand Redefining the Reasonable Person in Police Encounters: the Impact of the Mainstream News Media's Portrayal of Modern Police Conduct 96 University of Detroit Mercy Law Review 267 (Winter, 2019) Current trends in the news media's coverage of police conduct has increasingly led to the display of more graphic and more disturbing images of violent police encounters with individuals. The depictions of how law enforcement officers engage citizens are troubling, yet the inundation of headlines in the mainstream media lends to the false notion... 2019
Brittain McClurg Reducing the Impact of Racial Discrimination in Policing 2019 Journal of Dispute Resolution 201 (Fall, 2019) It is difficult to ascertain the actual number of officer-related shootings and use-of-force cases. Newsweek Magazine reported James Comey, then Director of the Federal Bureau of Investigation, acknowledged as much when he stated, It is unacceptable that The Washington Post and The Guardian newspaper are becoming the lead source of information... 2019
Jaime Amparo Alves, CEAF/Universidad Icesi and UC Santa Barbara Refusing to Be Governed: Urban Policing, Gang Violence, and the Politics of Evilness in an Afro-colombian Shantytown 42 PoLAR: Political and Legal Anthropology Review 21 (May, 2019) What is the role of policing within urban contexts marked by economic dispossession, crime, and gang violence? This article grapples with this question by examining both policing practices and the strategies of resistance embraced by residents of El Guayacán, a predominantly black neighborhood in the outskirts of Call, Colombia. I argue that... 2019
Kelsie Plesac Remedying Cursory Police Investigation of Sexual Assault and the False Reporting Charges That Result 53 Valparaiso University Law Review 509 (Winter, 2019) On July 16, 2011, Lara McLeod attended a Lil Wayne concert with her sister's boyfriend, Joaquin. When the two arrived at Joaquin's home after the concert, Joaquin gave Lara a choice: have sex with him, right then and there, or accompany him to a party where she would be gang-raped by several men. Earlier that day Joaquin had showed Lara his; Search Snippet: ...REVIEW Valparaiso University Law Review Winter, 2019 Note REMEDYING CURSORY POLICE INVESTIGATION OF SEXUAL ASSAULT AND THE FALSE REPORTING CHARGES THAT... 2019
Maria Ponomarenko Rethinking Police Rulemaking 114 Northwestern University Law Review Rev. 1 (2019) For more than sixty years, prominent policing scholars have argued that the way to address the many problems of policing is to treat police departments like all other agencies of government--and to require that they set policy through something like notice-and-comment rulemaking. This paper argues that despite its intuitive appeal,... 2019
Maria Ponomarenko Rethinking Police Rulemaking 114 Northwestern University Law Review 1 (2019) For more than sixty years, prominent policing scholars have argued that the way to address the many problems of policing is to treat police departments like all other agencies of government--and to require that they set policy through something like notice-and-comment rulemaking. This paper argues that despite its intuitive appeal,; Search Snippet: ...UNIVERSITY LAW REVIEW Northwestern University Law Review 2019 Article RETHINKING POLICE RULEMAKING Maria Ponomarenko [FNa1] Copyright © 2019 by Maria Ponomarenko ... 2019
Jonathan Manes Secrecy & Evasion in Police Surveillance Technology 34 Berkeley Technology Law Journal 503 (2019) New technologies are transforming the capabilities of law enforcement. Police agencies now have devices to track our cellphones and software to hack our networks. They have tools to sift the vast quantities of digital silt we leave behind on the Internet. They can deploy big data algorithms meant to predict where crimes will occur and who will... 2019
Megan E. Reed Senate Bill 4: Police Officers' Opinions on Texas's Ban of Sanctuary Cities 36 Chicana/o-Latina/o Law Review 67 (2019) C1-2Table of Contents Introduction. 68 I. Background on SB4. 69 A. History of Sanctuary Cities in the United States. 69 B. Events Leading to SB4's Enactment. 74 C. SB4's Provisions. 77 1. ICE-Detainer Provision. 78 2. Enforcement-Cooperation Provision. 78 D. Similar State Legislation. 79 II. In Practice, What Will SB4 Change?. 82 A. Racial... 2019
Harvey Gee Stingray Cell-site Simulator Surveillance and the Fourth Amendment in the Twenty-first Century: a Review of the Fourth Amendment in an Age of Surveillance, and Unwarranted Barry Friedman, Unwarranted: Policing Without Permission, New York: Farrar, Strauss 93 Saint John's Law Review 325 (2019) The police can secretly track your every physical movement, listen to your private conversations, and collect data from your cell phone--all without first getting a warrant based on probable cause, signed off by a judge. WTF?! you text. Indeed, this practice by law enforcement using portable Stingray cell-site simulators as digital surveillance... 2019
Sigourney Norman Strengthening Section 14141: Using Pattern or Practice Investigations to End Violence Between Police and Communities 33 Journal of Civil Rights & Economic Development 263 (Winter 2019) Imagine you are on your way home from work and driving your usual route. You hear police sirens getting louder and louder. You realize you are the subject of their chase, but you cannot imagine why. You slow down and pull over, not wanting to cause confrontation. The officer beats on your car door. You roll down your window and ask why you have; Search Snippet: ...14141: USING PATTERN OR PRACTICE INVESTIGATIONS TO END VIOLENCE BETWEEN POLICE AND COMMUNITIES Why Is It That Officers Are Not Responsible... 2019
Elias R. Feldman Strict Tort Liability for Police Misconduct 53 Columbia Journal of Law and Social Problems 89 (Fall, 2019) The disproportionate rates at which police use wrongful deadly force against racial minorities in the United States is a matter of significant national concern. This Note contributes to the ongoing conversation by proposing a new legal reform, which calls for the state law imposition of strict tort liability on municipal governments for police... 2019
Tracey L. Meares Synthesizing Narratives of Policing and Making a Case for Policing as a Public Good 63 Saint Louis University Law Journal 553 (Summer, 2019) Since 2014, in what I will call the New Reform Era, many discussions of policing are dominated by two conceptions often juxtaposed against one another. Probably the dominant conception of policing offered from police officers and agencies is that it ought to be effective. By effective, they mean that policing's primary goal should be to reduce... 2019
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