AuthorTitleCitationSummaryYearRelevancy
Cynthia Godsoe DISRUPTING CARCERAL LOGIC IN FAMILY POLICING 121 Michigan Law Review 939 (April, 2023) Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World. By Dorothy Roberts. New York: Basic Books. 2022. Pp. 11, 303. $32. Among a growing consensus that the criminal legal system is oversized, racist, and ineffective at preventing harm, the child welfare/family-policing system continues to be... 2023  
Victoria Kalumbi DON'T MAKE THEM MARTYRS: EMPOWERING CHILDREN IN THE FOSTER CARE & JUVENILE JUSTICE SYSTEMS THROUGH COVID-19 VACCINE CONSENTING RIGHTS 41 Minnesota Journal of Law & Inequality 29 (Winter, 2023) Traditionally, the law has created only narrow avenues for children's rights to be recognized and vindicated. The COVID-19 pandemic has changed and reminded adults what it means to be in control, and what rights we should have to live a full, engaged, and productive life. Children in the foster care and juvenile justice systems have such little... 2023  
Laura Portuondo EFFECTING FREE EXERCISE AND EQUAL PROTECTION 72 Duke Law Journal 1493 (April, 2023) There is an emerging discrepancy in free exercise and equal protection law. For decades, the Supreme Court has maintained that a law's effects on a protected group are usually insufficient to trigger heightened scrutiny under either the Free Exercise or Equal Protection Clause. This longstanding rule has rendered it virtually impossible to... 2023  
Caroline Cecot EFFICIENCY AND EQUITY IN REGULATION 76 Vanderbilt Law Review 361 (March, 2023) The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net benefits to society as a whole, without considering who... 2023  
David Leeds ELECTION LAW AS IDEOLOGY: TOWARD A NEW HISTORIOGRAPHY OF DEMOCRACY AS A FUNCTION OF LAW 111 Georgetown Law Journal 607 (March, 2023) C1-2Table of Contents Introduction. 608 I. Theories of Democracy. 610 a. the tension between democracy and liberal capitalism. 610 b. the incoherence of liberal rights theory. 611 c. spurious neutrality. 613 II. The Political Theory of Election Law. 614 a. voting rights law. 614 1. Residency-Based Disenfranchisement: Holt Civic Club v. Tuscaloosa... 2023  
Simran Kaur ELIMINATING CASH BAIL IN WASHINGTON STATE--AMENDING CRIMINAL RULE 3.2 47 Seattle University Law Review 257 (Fall, 2023) C1-2Contents Introduction. 257 I. The Cash Bail System. 261 A. Understanding the Bail System. 261 B. History of the Bail System. 262 C. The Contemporary Bail System in Washington State. 265 II. The Effect of Bail for Pretrial Release. 267 A. Low-Income and Racial Inequalities. 268 B. Impact of Pretrial Detention. 271 C. Disparate Figures. 272 III.... 2023  
Rachel Avi Silberman Holtzman EMOTIONS MATTER: EMOTIONAL DISTRESS DAMAGES FOR DISCRIMINATION IN PUBLIC BENEFITS 3 North Carolina Civil Rights Law Review 171 (Spring, 2023) Title VI is sound; it is morally right; it is legally right; it is constitutionally right . What will it accomplish? It will guarantee that the money collected by colorblind tax collectors will be distributed by Federal and State administrators who are equally colorblind. Let me say it again: The title has a simple purpose--to eliminate... 2023  
Daina Strub Kabitz ENGAGING IN EQUITY-CENTERED POLICYMAKING: STATE-LEVEL RACIAL EQUITY IMPACT ASSESSMENT TRENDS, LESSONS LEARNED, AND FUTURE DIRECTIONS 49 Mitchell Hamline Law Review 645 (June, 2023) I. Introduction. 646 II. Background. 647 III. Racial Equity Impact Assessments: Detailed Examples. 651 A. Criminal Justice Focused REIAs: Iowa's Correctional Impact Statement. 651 B. Generally Applicable REIAs: Colorado's Demographic Note. 654 C. Emerging REIA Trends at the Local Level: New York City's Racial Equity Report. 656 IV. Racial Equity... 2023  
Chinonso Anozie EQUALIZING REMEDIATION 2023 Wisconsin Law Review 919 (2023) Environmental harm remediation occurs far less than it should in minority and low-income communities. One in six Americans live within three miles of a designated toxic waste or contaminated site, which causes a variety of health hazards. Frequently, these sites are located within minority or low-income communities. Multinational corporations and... 2023  
Rubin Danberg Biggs, Patrick Holland FAMILIAL-STATUS DISCRIMINATION: A NEW FRONTIER IN FAIR HOUSING ACT LITIGATION 132 Yale Law Journal 792 (January, 2023) A key provision in the Fair Housing Act (FHA)--the Housing for Older Persons Act (HOPA) exemption--has allowed municipalities to weaponize senior housing to discriminate against families, obstruct affordable housing, and perpetuate race and class segregation. This Note documents the nature, stakes, and origins of this pattern and advances three... 2023  
Elizabeth Chu , James S. Liebman , Madeline Sims , Tim Wang FAMILY MOVES AND THE FUTURE OF PUBLIC EDUCATION 54 Columbia Human Rights Law Review 469 (Spring, 2023) State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack--from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of... 2023  
Tarek Z. Ismail FAMILY POLICING AND THE FOURTH AMENDMENT 111 California Law Review 1485 (October, 2023) Each year, Child Protective Services (CPS) investigates over one million families. Every CPS investigation includes a thorough, room-by-room search of the family home, designed to uncover evidence of maltreatment. Most seek evidence of poverty-related allegations of neglect; few ever substantiate the allegations. Despite what in many cities amounts... 2023  
S. Lisa Washington FAMMIGRATION WEB 103 Boston University Law Review 117 (February, 2023) A growing body of scholarship examines the expansive nature of the criminal legal system. What remains overlooked are other parts of the carceral state with similarly punitive logics and impacts. To begin filling this gap, this Article focuses on the convergence of the family regulation and immigration systems. This Article examines how the... 2023  
James G. Dwyer FAUX ADVOCACY IN AMICUS PRACTICE 50 Pepperdine Law Review 633 (April, 2023) Amicus brief filing has reached avalanche volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information--legislative facts--relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many... 2023  
Maggie Blackhawk FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review 1 (November, 2023) C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... 2023  
John Powell , Ned Conner FORM AND SUBSTANCE: UNDERSTANDING CONCEPTUAL AND DESIGN DIFFERENCES AMONG RACIAL EQUITY PROPOSALS AND A BOLD APPLICATION 38 Ohio State Journal on Dispute Resolution 13 (2023) I. Introduction II. Defining Racial Equity A. Conceptual Underpinnings B. Problems with Equity C. A Different Vision of Racial Justice III. Racial Equity Cleavages A. Race-Targeted v. Universalistic Form 1. Race-Targeted Policies 2. Universalistic, but Race-Conscious B. Racial Equity Reforms v. New Initiatives 1. Reforms 2. New Programs &... 2023  
Hal Clay FORTY ACRES AND A MULE: AMERICA'S BILL FOR REPARATIONS IS LONG PAST OVERDUE 24 Scholar: St. Mary's Law Review on Race and Social Justice 505 (2023) Introduction. 507 A. The Justification For Timely Reparations Stems From The Historic Injustices Perpetrated On Black Americans. 507 I. History. 517 A. There Are Historical Justifications For Reparations. 517 B. There Is No Better Justification For Reparations Established Than Federal Payments Made To Slave Owners Before And After The Civil War.... 2023  
Maxine Eichner FREE-MARKET FAMILY POLICY AND THE NEW PARENTAL RIGHTS LAWS 101 North Carolina Law Review 1305 (June, 2023) How can government best support children's interests? Recently, federal and state policies have suggested conflicting answers to this question. One answer comes from a series of economic measures supporting families that were passed by Congress during the pandemic. These measures rested on the rationale that families do better when they are... 2023  
Mary Holper GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS 89 Brooklyn Law Review 119 (Fall, 2023) A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... 2023  
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 20 Hastings Race and Poverty Law Journal 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023  
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 34 Hastings Journal on Gender and the Law 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023  
Jose Garcia-Fuerte , William Garriott GREENING THE GREEN RUSH: HOW ADDRESSING THE ENVIRONMENTAL IMPACT OF CANNABIS LEGALIZATION CAN ENHANCE SOCIAL EQUITY AND REMEDIATE THE HARMS OF THE WAR ON DRUGS 53 Environmental Law 169 (Spring, 2023) The legalization of cannabis in the United States has focused on creating regulated, for-profit commercial markets modeled on alcohol to replace the prohibition regime that held sway for most of the 20th Century. Like the fabled gold rush of the 19th Century, this new market opportunity has been a magnet for entrepreneurs and prospectors of all... 2023  
Randi Mandelbaum HEEDING THE VOICES OF MIGRANT YOUTH: THE NEED FOR ACTION 121 Michigan Law Review 965 (April, 2023) Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro. New York: New York University Press. 2022. Pp. ix, 163. Cloth, $89; paper, $28. Nicolas is a sixteen-year-old boy who was forced to flee Ecuador due to extreme poverty as well as threats to him and his family (pp. 1-2). His father had resided in the United States... 2023  
Dr. Lucius Couloute , Kacie Snyder HOUSING INSECURITY AMONG PEOPLE WITH CRIMINAL RECORDS: A FOCUS ON LANDLORDS 32-SUM Kansas Journal of Law & Public Policy 21 (Summer, 2023) Approximately 600,000 people are released from prisons each year and at least 79 million adults--over one third of the population--now hold some form of a criminal record. Upon formal criminalization, a combination of socioeconomic barriers compound to inhibit one's chances at successfully (re)integrating into society. In particular,... 2023  
Kiricka Yarbough Smith, Maura Reinbrecht HOW ANTI-SEX TRAFFICKING EFFORTS SHOULD ALIGN WITH CRIMINAL JUSTICE REFORM 38 Berkeley Journal of Gender, Law & Justice 158 (2023) Current law enforcement practices--including efforts to address sex trafficking--disproportionately harm Black people. This Article proposes that front-end criminal justice reforms to reduce the criminalization of poverty, reform racially biased police practices, and increase police accountability could mitigate the disparate impact that policing... 2023  
Steven Arrigg Koh HOW DO PROSECUTORS "SEND A MESSAGE"? 57 U.C. Davis Law Review 353 (November, 2023) The recent indictments of former President Trump are stirring national debate about their effects on American society. Commentators speculate on the cases' impact outside of the courtroom--on the 2024 election, on political polarization, and on the future of American democracy. Such cases originated in the prosecutor's office, begging the question... 2023  
Courtney G. Joslin , Douglas NeJaime HOW PARENTHOOD FUNCTIONS 123 Columbia Law Review 319 (March, 2023) Approximately two-thirds of states have functional parent doctrines, which enable courts to extend parental rights based on the conduct of forming a parental relationship with a child. Different jurisdictions use different names--including de facto parentage, in loco parentis, psychological parenthood, or presumed parentage--and the doctrines arise... 2023  
Sandeep Singh Dhaliwal INVESTING IN ABOLITION 112 Georgetown Law Journal 1 (October, 2023) This Article situates the prison within a broader macro-financial trend, what I call community capture. As private equity firms have consolidated the market for carceral services, they have also gained control over other essential social infrastructure, like housing and healthcare. By layering debt, fees, and aggressive profit expectations over... 2023  
Blanche Bong Cook JEFFREY EPSTEIN: PEDOPHILES, PROSECUTORS, AND POWER 26 Journal of Gender, Race and Justice 311 (Spring, 2023) This isn't about bad men, though they were most assuredly bad men . It's about a system that is void of integrity. Mistakes can happen. But if you don't do anything to stop them from happening again, you can't keep calling them mistakes. Jeffrey Epstein, a wealthy, white, billionaire child rapist, ran an international sex trafficking ring. Rather... 2023  
Dontay Proctor-Mills JUDICIAL ETHICS AND THE ERADICATION OF RACISM 46 Seattle University Law Review 813 (Spring, 2023) C1-2Contents Introduction. 814 I. Summary. 815 A. Washington State Code of Judicial Conduct. 815 B. Other Commission Decisions Involving Canon 1. 815 C. Background and Facts of Judge Keenan's Case. 818 1. The Ethics Complaint. 819 II. Analysis. 820 A. The Commission's Decision and Application of Canon 1. 820 B. The Reasonable Perspective. 822 C.... 2023  
  JUSTICE FOR SURVIVORS OF INTIMATE PARTNER VIOLENCE CONFERENCE REPORT 44 Columbia Journal of Gender and Law 1 (Fall, 2023) Domestic violence survivors seeking justice and safety in New York State's family and supreme courts often encounter a deeply flawed, poorly functioning system that exposes them and their children to further harm. On October 13 and 14, 2022, a coalition of leading nonprofit agencies that serve and advocate for survivors convened a conference in New... 2023  
Kaylie Hidalgo KEEP AUSTIN . WHITE? HOW EQUITABLE DEVELOPMENT CAN SAVE AUSTIN, TEXAS FROM ITS RACIST PAST AND HOMOGENIZED FUTURE 9 Texas A&M Journal of Property Law 109 (4/5/2023) More than a century of racist federal, state, and local government policies created inequitable and racially segregated neighborhoods through a practice known as redlining. I-35 in Austin, Texas, represents one of the most iconic and stark segregationist splits in the country, with the Eastside being impoverished and mostly Black while the... 2023  
Rose Wehrman KEEPING FERRIS OUT OF FOSTER CARE: REFORMING THE JJDPA TO PREVENT HOME REMOVALS BASED ON TRUANCY 57 Columbia Journal of Law and Social Problems 161 (Fall, 2023) Truancy is directly correlated with negative educational and life outcomes for students. The state exacerbates these negative effects when it removes students from their homes for truancy. Far from addressing the underlying causes of truancy, home removals--whether into secure or non-secure placements--cause devastating harm. The Juvenile Justice... 2023  
Robyn M. Powell LEGAL ABLEISM: A SYSTEMATIC REVIEW OF STATE TERMINATION OF PARENTAL RIGHTS LAWS 101 Washington University Law Review 423 (2023) Although the fundamental right to raise a family is among our most cherished, it is not equally afforded to everyone. Indeed, the United States has an appalling and enduring history of policing parenthood among people with disabilities. In recent years, the rights of parents with disabilities and their children have garnered unprecedented attention... 2023  
Jennifer M. Chacón LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review Forum 1 (November, 2023) What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... 2023  
Heather Latino LEVERAGING HOUSING PROGRAMS: ENSURING THAT FOOD ACCESS INVESTMENTS DO NOT DISPLACE PEOPLE 19 Journal of Food Law & Policy 58 (Spring, 2023) I see one-third of a nation ill housed, ill clad, ill nourished .. The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little. Franklin Delano Roosevelt, January 20, 1937 In September 2022, the Biden-Harris Administration convened a White House... 2023  
Molly C. Schmidt LIBERATING LEGAL AID: REDUCING COVID-19'S JUSTICE GAP AND PROMOTING HEALTH BY REMOVING THE LEGAL SERVICES CORPORATION'S CLASS ACTION AND ADVOCACY RESTRICTIONS 71 Cleveland State Law Review 509 (2023) The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by low-income Americans served by LSC-funded legal aid organizations: the growing justice gap. The justice gap represents the unmet civil legal... 2023  
Ari Ezra Waldman MANUFACTURING UNCERTAINTY IN CONSTITUTIONAL LAW 91 Fordham Law Review 2249 (May, 2023) Civil rights litigation is awash in misinformation. Litigants have argued that abortion causes cancer, that gender-affirming hormone therapy for adolescents is irreversible, and that in-person voter fraud is a massive problem. But none of that is true. The conventional scholarly account about law and misinformation, disinformation, and dubious... 2023  
Gregory Brazeal MARKETS AS LEGAL CONSTRUCTIONS 91 University of Cincinnati Law Review 595 (2023) C1-2Contents I. Introduction. 595 II. Government Versus the Market in the Reagan Era. 601 A. The Evidence. 602 1. The Tea Party--and Richard Posner. 602 2. From Laissez Faire to Free Enterprise. 606 3. Milton Friedman, Ayn Rand, and the Freedom School. 609 4. Contemporary Testimony. 614 5. Thomas Piketty versus Mehrsa Baradaran. 621 B. A... 2023  
Anna Cousin MEALS FOR ALL, NOT JUST THE CAKE EATERS: A CALL FOR UNIVERSAL SCHOOL LUNCH IN MINNESOTA AS A STEP TOWARDS RACIAL EQUITY 44 Mitchell Hamline Law Journal of Public Policy and Practice 84 (Spring, 2023) I.. Introduction 85 II.. What is Food Insecurity and Who Does it Impact? 87 III.. Impact of Food Insecurity on Youth Health and Well-Being 93 IV.. History and Implementation of The National School Lunch Program and Children's Nutrition Programs in the United States 98 V.. The Systems Meant to Address the Issue Perpetuate Youth Food Insecurity 105... 2023  
Jake Polinsky MINNESOTA'S MANDATORY COURT SURCHARGE AND THE FAILURE OF THE FEE-FOR-SERVICE CRIMINAL JUSTICE SYSTEM 41 Minnesota Journal of Law & Inequality 191 (Winter, 2023) In 2014, Ebony was thirty-six and living in Ferguson, Missouri. She had amassed about $2,000 in fines and fees due to traffic tickets and was having trouble paying this debt off. Unfortunately for Ebony, the Ferguson Municipal Court's primary tool for collecting on outstanding fines and fees when someone missed a payment was to issue an arrest... 2023  
Shayak Sarkar NEED-BASED EMPLOYMENT 64 Boston College Law Review 119 (January, 2023) Introduction. 120 I. Productivity and Beyond. 127 II. Need-Based Employment in Practice. 131 A. Historical Precedent: Need Through the New Deal's Work Programs. 131 1. Need-Based Employment Before the New Deal. 131 2. Need and the New Deal's Pre-WPA Work Programs. 133 3. Need and the WPA. 135 B. Contemporary Need-Based Employment. 138 1. Federal... 2023  
Brandee McGee NO APOLOGY UNTIL ABOLITION: REDRESSING THE ONGOING ATROCITY OF SLAVERY 60 San Diego Law Review 535 (August-September, 2023) C1-2Table of Contents I. Introduction. 536 II. Mythologizing Black Criminality. 539 III. The Prison-Industrial Complex. 545 A. The Origin of the Penitentiary. 545 B. The Prison-Industrial Complex Today. 546 C. Broader Consequences of Mass Incarceration and How It Continues the Atrocity. 551 IV. Abolition. 553 V. Abolition Must Come Before or With... 2023  
Amna A. Akbar NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY 132 Yale Law Journal 2497 (June, 2023) Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... 2023  
Rachael K. Cox OBEY OR ABEY: AN EMPIRICAL EXAMINATION OF ABEYANCE AGREEMENTS IN PUBLIC SCHOOL DISCIPLINE 117 Northwestern University Law Review 1427 (2023) Abstract--Exclusionary discipline is widely understood to mean the typical responses to student misbehavior in public schools: suspension and expulsion. But sometimes their lesser-known counterpart, the abeyance agreement, swoops in before the suspension or expulsion is effectuated and gives the student a second chance to avoid such... 2023  
Andrew Hammond ON FIRES, FLOODS, AND FEDERALISM 111 California Law Review 1067 (August, 2023) In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... 2023  
Jamelia Morgan ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY 58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... 2023  
John R. Beatty OPEN ACCESS WITHOUT OPEN ACCESS VALUES: THE STATE OF FREE AND OPEN ACCESS TO LAW REVIEWS 115 Law Library Journal 41 (2023) This study examines 648 currently published law journals to determine the amount of freely available content and whether the journals have adopted open access behaviors. Although most of the journals have volumes available online for free, the usual hallmarks of open access, including open licenses and clear reuse policies, are absent.... 2023  
Rachel López PARTICIPATORY LAW SCHOLARSHIP 123 Columbia Law Review 1795 (October, 2023) Drawing from the experience of coauthoring scholarship with two activists who were sentenced to life without parole over three decades ago, this piece outlines the theory and practice of Participatory Law Scholarship (PLS). PLS is legal scholarship written in collaboration with authors who have no formal training in the law but rather expertise in... 2023  
S. Lisa Washington PATHOLOGY LOGICS 117 Northwestern University Law Review 1523 (2023) Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... 2023  
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