AuthorTitleCitationSummaryYearKey Terms
Tanisha M. Fazal The Fall and Rise of Peace Treaties 108 AJIL Unbound 46 (March, 2014-July, 2015) When the United States terminated its seven-year occupation of Japan in 1954, it did so having signed a peace treaty. By contrast, the United States tried, unsuccessfully, to persuade Hamid Karzai to sign a Bilateral Security Agreement to accompany the drawdown of U.S. forces in Afghanistan. Even if Karzai had agreed to sign, the draft agreement... 2015  
Jordan Hollander The House Always Wins: the World Trade Organization, Online Gambling, and State Sovereignty 12 Rutgers Journal of Law & Public Policy 179 (Spring, 2015) Gambling law and policy in the United States are at a tipping point. Gambling regulation has traditionally been a power reserved to the states. States are free to have casinos (except for Indian Casinos, which are governed under federal law), pari-mutuel wagering on horses, greyhounds, or jai alai, or have state lotteries. The Federal Interstate... 2015  
Madison Condon The Integration of Environmental Law into International Investment Treaties and Trade Agreements: Negotiation Process and the Legalization of Commitments 33 Virginia Environmental Law Journal 102 (2015) I. Introduction. 103 A. Legalization. 104 B. Negotiation and process. 105 II. Environmental Law in U.S. Trade Agreements. 106 A. Theory Behind Trade and Environment Linkages. 106 B. Development of Environmental Provisions in Free Trade Agreements. 107 1. Early U.S. Practice. 107 2. Second Phase of U.S. FTAs. 109 3. Recent U.S. Free Trade... 2015  
Govind Persad The Medical Cost Pandemic: Why Limiting Access to Cost-effective Treatments Hurts the Global Poor 15 Chicago Journal of International Law 559 (Winter 2015) Medical innovation in developed countries like the U.S. leads to an ever-changing medical standard of care. This innovation frequently also brings rising costs. While these costs strain even the sizeable health care budgets of developed countries, imposing them on developing countries would be much more burdensome. Yet a variety of commentators and... 2015  
Andrew I. Schoenholtz The New Refugees and the Old Treaty: Persecutors and Persecuted in the Twenty-first Century 16 Chicago Journal of International Law 81 (Summer, 2015) When the fledgling U.N. negotiated a treaty to protect refugees after the Second World War, member states focused on Europe as well as on events causing forced migration that occurred prior to 1951. No one imagined that cross-border escape from persecution would become a global phenomenon and remain one more than sixty years later, or that this... 2015  
Andrew H. E. Lyon The Principality of Sealand, and its Case for Sovereign Recognition 29 Emory International Law Review 637 (2015) The Principality of Sealand is a small platform, a remnant of World War II British defenses, occupied by a billionaire visionary whose attempts at self-determination have been hindered around every corner. The argument for Sealand's sovereignty is about more than the future of the platform-nation. It is about the international legal community's... 2015  
Connie De La Vega, Kokeb Zeleke, Esther Wilch The Promotion of Economic, Social, and Cultural Rights of Vulnerable Groups in Africa Pursuant to Treaty Obligations: Crc, Cedaw, Cerd, & Crpd 14 Washington University Global Studies Law Review 213 (2015) This Article will examine the promotion of the economic, social, and cultural rights of vulnerable groups, such as women, children, persons with disabilities, and racial minorities through the human rights treaty body review process. It will highlight the range of mechanisms at the international level that can be used to enforce the rights of... 2015  
Leila Nadya Sadat The Proposed Restatement (Fourth) of the Foreign Relations Law of the United States: Treaties--some Serious Procedural and Substantive Concerns 2015 Brigham Young University Law Review 1673 (2015) The drafting of a new Restatement (Fourth) of the Foreign Relations Law was proposed to the American Law Institute (ALI) in 2012, and the project is now well under way. Multiple preliminary drafts have been circulated on the topics of Jurisdiction, Sovereign Immunity, and Treaties, and discussion has begun amongst ALI Members about the black letter... 2015  
Gregory J. Roden The Sovereign's Posterity 43 Capital University Law Review 585 (Summer, 2015) What I bear, and clearly perceive to be animated, is innocent of the faults of her who bears it, and has, I beg leave to say, a right to the existence which God has begun to give it. - Bathsheba Spooner [T]he people are the sovereign of this country. And, although the people delegated many powers to the federal government in the United States... 2015  
Julien Chaisse The Treaty Shopping Practice: Corporate Structuring and Restructuring to Gain Access to Investment Treaties and Arbitration 11 Hastings Business Law Journal 225 (Summer 2015) Foreign investment has become increasingly important in shaping the international economic landscape, and this explains the growing significance of the international law and policy of foreign investment in the world. There is a huge number of investment agreements, including both (bilateral) investment treaties (BITs) and free trade agreements... 2015  
Doug Cassel The United States and Human Rights Treaties: Can We Meet Our Commitments? 41-DEC Human Rights Rts. 5 (December, 2015) The United States has a strong human rights record in many respects. Compared to other countries, we do relatively well in protecting freedoms of expression, assembly, religion, and many forms of association. We maintain generally independent and honest courts with relatively fair procedures and an active bar. Human rights defenders are rarely in... 2015  
Imelda Carranza Ureño The Waiver of National Sovereignty: the Economic and Environmental Implications of the Transoceanic Canal of Nicaragua 25 Transnational Law & Contemporary Problems 205 (Winter 2015) In 2012 and 2013, Nicaragua passed two laws that granted the Hong Kong Nicaragua Canal Development Investment Company a fifty-year concession to construct a transoceanic canal across Nicaragua. The concession agreement strips the Nicaraguan government of its sovereign immunity, deprives locals of private property without just compensation, and... 2015  
Michael Fakhri The Wto, Self-determination, and Multi-jurisdictional Sovereignty 108 AJIL Unbound 287 (March, 2014-July, 2015) In EC--Seal Products, the World Trade Organization (WTO) Appellate Body (AB) held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under General Agreement on Tariffs and Trade (GATT) Article XX(a) as a measure necessary to protect public morals. It also held that the indigenous communities (IC)... 2015  
Richard Dawson Transcendental Sense and a Playful Approach: the Treaty of Waitangi 66 Mercer Law Review 395 (Winter 2015) There is a rite of passage in New Zealand that is called OE, an acronym for overseas experience, commonly undertaken by people aged in their twenties. Many people speak of OE as a potentially valuable education. These remarks by Claudia Bell are indicative: Once away, the young New Zealander stops being an insider in a taken-for-granted... 2015  
Smith Monson Treating the Blue Rash: Win-win Solutions and Improving the Land Exchange Process 2015 Utah Law Review 241 (2015) The distribution of federal, state, and private land throughout the West has resulted in a fragmented ownership pattern where no single owner . . . owns enough contiguous land to allow effective management of land holdings, generating a plethora of disputes over access and similar problems. In particular, the disbursements of state trust lands... 2015  
Anthea Roberts Triangular Treaties: the Extent and Limits of Investment Treaty Rights 56 Harvard International Law Journal 353 (Summer 2015) Investment treaties should be reconceptualized as triangular treaties, i.e., agreements between sovereign states that create enforceable rights for investors as non-sovereign, third-party beneficiaries. State A (the host state) agrees to provide certain protections to investors coming from State B (the home state) and vice versa. If the investor... 2015  
Scott J. Shackelford , Eric L. Richards , Anjanette H. Raymond , Amanda N. Craig Using Bits to Protect Bytes: Promoting Cyber Peace by Safeguarding Trade Secrets Through Bilateral Investment Treaties 52 American Business Law Journal L.J. 1 (Spring, 2015) In December 2013, the U.K. government decided to expand the authority of one of its intelligence agencies, the Government Communications Headquarters (GCHQ), to aid in the screening of incoming telecom products from Huawei, a leading Chinese manufacturer of information and communications technology. British policy makers' fear, which is shared by... 2015  
Aeyal Gross , Tamar Feldman We Didn't Want to Hear the Word 'Caloriesd': Rethinking Food Security, Food Power, and Food Sovereignty--lessons from the Gaza Closure 33 Berkeley Journal of International Law 379 (2015) Everybody is hungry, nobody is starving. Chirster Nordhal In the summer of 2007 Israel imposed a yet-to-be lifted closure on the Gaza Strip, restricting the movement of goods and people into and out of Gaza. Israel holds its closure policy to be legal under international law so long as it meets the humanitarian minimum standard and allows the... 2015  
Daniel C.K. Chow Why China Wants a Bilateral Investment Treaty with the United States 33 Boston University International Law Journal 421 (Summer 2015) Introduction. 422 I. The Current Multilateral, Chinese, and U.S. Legal Regimes Governing Foreign Direct Investment. 430 A. Multilateral FDI Regimes. 430 B. Chinese and U.S. Legal Regimes that are Applicable to FDI. 432 C. Effect of a U.S.-China BIT. 437 II. How a BIT with the United States Helps China Achieve Three Strategic Policy Goals. 439 A.... 2015  
Christopher McCrudden Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of Cedaw 109 American Journal of International Law 534 (July, 2015) Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at... 2015  
Vincent M. Southerland Youth Matters: the Need to Treat Children like Children 27 Journal of Civil Rights & Economic Development 765 (Winter 2015) Our too-young and too-new America, lusty because it is lonely, aggressive because it is afraid, insists upon seeing the world in terms of good and bad, the holy and the evil, the high and the low, the white and the black; our America is frightened of fact, of history, of processes, of necessity. It hugs the easy way of damning those whom it cannot... 2015  
R. Patrick Springer A Better Way: Rethinking Sb 123 Probationary Drug Treatment in Kansas 62 University of Kansas Law Review 1365 (June, 2014) There is no denying that drug abuse and addiction have plagued our nation's criminal justice system. Drugs have not only destroyed the lives of millions of Americans, but have also propagated a host of offenses across the criminal spectrum. Today, an enormous share of inmates across the country report histories of drug use. Kansas inmates are no... 2014  
Carl Hollan A Broken System: Failures of the Religious Regulatory System in the People's Republic of China 2014 Brigham Young University Law Review 733 (2014) The system for regulating religion in the People's Republic of China (PRC or China) has faced increasing domestic and international criticism in recent years. However, there has been little, if any, improvement in the regulation or protection of religious freedoms in the PRC during the past decades. This failure to act in the face of increased... 2014  
Samuel Spital A Doctrine of Sameness, Not Federalism: How the Supreme Court's Application of the "Equal Sovereignty" Principle in Shelby County v. Holder Undermines Core Constitutional Values 34 Northern Illinois University Law Review 561 (Summer, 2014) I. Introduction. 561 II. From Reconstruction to Shelby County. 563 A. the voting rights act of 1965. 565 B. the 1970, 1975, and 1982 reauthorizations. 567 C. the 2006 reauthorization. 568 D. northwest austin v. holder. 571 E. shelby county v. holder. 572 III. Equality as sameness, federalism, and the separation of Powers. 573 A. the court's... 2014  
David A. Koplow A Nuclear Kellogg-briand Pact: Proposing a Treaty for the Renunciation of Nuclear War as an Instrument of National Policy 42 Syracuse Journal of International Law and Commerce 123 (Fall, 2014) Si vis pacem, para bellum (If you want peace, prepare for war) - Roman adage Si vis pacem, para pacem (If you want peace, prepare for peace) - Inscription on the ceremonial pen used to sign the Kellogg-Briand Pact INTRODUCTION. 124 I. PARSING THE TEXT OF THE KELLOGG-BRIAND PACT. 127 II. THE ANTECEDENTS AND SEQUELAE OF KELLOGG-BRIAND. 132 A.... 2014  
Ligia M. De Jesús A Pro-choice Reading of a Pro-life Treaty: the Inter-american Court on Human Rights' Distorted Interpretation of the American Convention on Human Rights in Artavia v. Costa Rica 32 Wisconsin International Law Journal 223 (Summer 2014) Introduction. 224 I. The Artavia Court's Pro-Choice Persuasion. 226 II. The Artavia Court 's Improper Use of International Norms of Treaty Interpretation in Interpreting Article 4(1) on the Right to Life from Conception. 229 A. Definition of Conception as Implantation. 229 1. The Court's Departure from the Ordinary Meaning Rule. 230 2. State... 2014  
Robyn Rose A Special Purpose: the Migratory Bird Treaty Act and Wind Energy 55 Natural Resources Journal 205 (Fall 2014) The Migratory Bird Treaty Act (MBTA), almost a century old, incites disagreement between conservationists, wind energy developers, and the courts. The MBTA protects over 800 bird species but unlike other conservation laws, the MBTA and its regulations do not provide for incidental takes (an unintentionally caused bird death or injury). In the... 2014  
Paul Horwitz A Troublesome Right: the "Law" in Dworkin's Treatment of Law and Religion 94 Boston University Law Review 1225 (July, 2014) Ronald Dworkin's final book, Religion Without God, is a gloriously compact treatment of a massive subject. Perhaps the massive subject. Its first sentence is, The theme of this book is that religion is deeper than God. The last chapter is titled Death and Immortality. This is, in short, a book about eternity and the human condition. These are... 2014  
Sam F. Halabi Abstention, Parity, and Treaty Rights: How Federal Courts Regulate Jurisdiction under the Hague Convention on the Civil Aspects of International Child Abduction 32 Berkeley Journal of International Law 144 (2014) In 2010, the US Supreme Court decided a child custody case, Abbott v. Abbott, despite its traditional preference that state law and state courts handle family law matters. In that case, the Supreme Court resolved a specific issue with respect to child custody: whether or not a term in a custodial decree giving a noncustodial parent the right to... 2014  
James L. Cresswell, Jr. Applying the Discretionary Function Exception to the Waiver of Sovereign Immunity in Airport Litigation 79 Journal of Air Law and Commerce 665 (Fall 2014) I. INTRODUCTION. 666 II. THE HISTORY OF SOVEREIGN IMMUNITY IN THE UNITED STATES. 667 III. APPLICATION OF SOVEREIGN IMMUNITY TO PUBLIC AIRPORTS PRIOR TO THE PASSAGE OF THE FEDERAL TORT CLAIMS ACT AND THE CORRESPONDING STATE STATUTES. 668 IV. THE WAIVER OF SOVEREIGN IMMUNITY BY THE FEDERAL GOVERNMENT AND THE STATES. 669 A. The Semantic Approach. 671... 2014  
Mark J. Cowan Assignment of Income at the Ivory Tower: Relaxing the Tax Treatment of Services Donated to Charities by Their Employees 40 Journal of College and University Law U.L. 1 (2014) I. Introduction. 3 A. Illustrating the Problem: The Tax Education of Professor Flinty. 3 B. The Problem of Donated Services. 5 II. Charitable Contributions in General. 6 III. The Current Tax Treatment of Donated Services. 13 A. First Possibility: No Income/No Deduction. 13 B. Second Possibility: Imputed Income/Deduction. 17 1. Assignment in the... 2014  
Garrett Davey Barbara Cosens, the Columbia River Treaty Revisited: Transboundary River Governance in the Face of Uncertainty 17 University of Denver Water Law Review 358 (Spring 2014) Oregon State University Press (2012); 455 pp; ISBN 978-0870716911; paperback. In 1964, after nearly twenty years of negotiation, Canada and the United States began implementing the Columbia River Treaty (CRT) in an effort to control floodwaters and harness the energy potential of the Columbia River. Barbara Cosens's edited collection of essays,... 2014  
Michael Welsh Betting on State Equality: How the Expanded Equal Sovereignty Doctrine Applies to the Commerce Clause and Signals the Demise of the Professional and Amateur Sports Protection Act 55 Boston College Law Review 1009 (May, 2014) Abstract: In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby... 2014  
Candace Farmer Can the U.s. Use a Reservation to Alleviate Sovereignty Concerns Regarding the Convention on the Rights of Persons with Disabilities? 43 Georgia Journal of International and Comparative Law 249 (Fall, 2014) I. Introduction. 250 II. Brief Background of the CRPD. 252 III. The United States and the CRPD: A History. 255 IV. The United States Ratification Debate. 257 A. The Foundations of the Anti-Ratification Argument. 257 B. The Anti-Ratification Argument Relating Specifically to the CRPD. 264 C. The Pro-Ratification Argument: A Different Spin on Treaty... 2014  
Sarah M. Manchak , Jennifer L. Skeem, Karen S. Rook , University of Cincinnati School of Criminal Justice, University of California, Irvine Care, Control, or Both? Characterizing Major Dimensions of the Mandated Treatment Relationship 38 Law and Human Behavior 47 (2014) Current conceptualizations of the therapeutic alliance may not capture key features of therapeutic relationships in mandated treatment, which may extend beyond care (i.e., bond and affiliation) to include control (i.e., behavioral monitoring and influence). This study is designed to determine whether mandated treatment relationships involve greater... 2014  
Karen Zivi Chapter 9 the Practice and the Promise of Making Rights Claims: Lessons from the South African Treatment Access Campaign 29 IUS Gentium 173 (2014) What does the new South Africa tell us about the state of African legal theory in the twenty-first century? Is this post-apartheid nation a political miracle? Is it evidence of the triumph of the human spirit and a revolution in law and practice? Is it a model to be followed by other African nations? For those who focus on the fact that South... 2014  
  China Guidance on Cross-border Reorganizations Subject to Special Tax Treatment 25 Journal of International Taxation 11 (April, 2014) On December 12, 2013, China's State Administration of Taxation (SAT) released Announcement [2013] No. 72, which provides additional guidance and clarification on cross-border reorganization transactions subject to special tax treatment, i.e., deferral of capital gains tax. It also clarifies cross-border share transfer transactions of a Chinese... 2014  
Won Kidane, Weidong Zhu China-africa Investment Treaties: Old Rules, New Challenges 37 Fordham International Law Journal 1035 (May, 2014) INTRODUCTION. 1036 I. CHINESE AND AFRICAN CONCEPTIONS OF THE ORDERING OF ECONOMIC AFFAIRS BY LAW. 1041 A. The Conception of Law and Legal Obligations in China. 1041 B. The Conceptions of Law and Legal Obligations in Africa. 1043 C. The Ordering of China-Africa Economic Relations by Law: Contemporary Efforts. 1045 II. THE DOCTRINAL FOUNDATION AND... 2014  
John King Gamble , Lauren Kolb, Casey Graml Choice of Official Text in Multilateral Treaties: the Interplay of Law, Politics, Language, Pragmatism and (Multi)-nationalism 12 Santa Clara Journal of International Law 29 (2014) I. Introduction. 31 II. The Legal, Political and Historical Contexts of Language. 36 III. Language Behavior as Seen Through the CSDMT. 43 IV. Summary and Prognostications. 52 This article examines all multilateral treaties signed from 1500 until 2000 (more than 6,000) in order to analyze trends and patterns in choice of official texts (languages).... 2014  
Jean Galbraith Congress's Treaty-implementing Power in Historical Practice 56 William and Mary Law Review 59 (October, 2014) Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored... 2014  
Sarah Longhofer Contracting Away Sovereignty: the Case of Brazil, Fifa, and the Agreement for the Right to Host the 2014 World Cup 23 Transnational Law & Contemporary Problems 147 (Spring 2014) I. Introduction. 147 II. Factual Background: The Hosting Agreement in Context. 149 A. The Fédération Internationale de Football Association. 149 B. Brazil. 151 C. The World Cup. 152 III. Analysis of the Hosting Agreement. 155 A. Formation of the Agreement. 155 B. Structure of the Agreement. 157 C. Impact of the Agreement - Current Controversies.... 2014  
Ashley R. Fiest Defining the Wingspan of the Migratory Bird Treaty Act 47 Akron Law Review 587 (2014) I. Introduction. 587 II. Background of the MBTA. 589 A. Early History of Bird Conservation. 590 B. The MBTA as the Solution. 591 III. The Problem. 594 A. Conflict Among the Courts. 594 B. Two Cases with Two Different Interpretations. 596 IV. Solving the MBTA Issue. 599 A. Interpretation of the MBTA. 599 1. Strict Liability. 600 2. Incidental... 2014  
Ronald Turner Disparate Treatment: Justice Clarence Thomas's Conspicuously Nonoriginalist Affirmative Action Jurisprudence 19 Texas Journal on Civil Liberties & Civil Rights 251 (Spring, 2014) I. Introduction and Overview. 251 II. The Moral and Constitutional Equivalence Argument. 256 III. The Stigma Argument. 267 IV. Invoking Icons. 273 V. Conclusion: Clarence Thomas and Justice Clarence Thomas. 280 2014  
Edward N. Krakauer Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed in Both Israel and Malta Despite Varying Procedures and Treatment 21 University of Miami International and Comparative Law Review 265 (Spring, 2014) I. The Troubles in Eritrea, Sudan, and Somalia. 267 II. The Relevant Provisions of the United Nations Convention and Protocol Relating to the Status of Refugees. 271 III. The History of Refugees in Israel. 273 IV. The Present Status of Refugees in Israel. 279 V. Overturning of Amendment No. 3 to the PreBvention of Infiltration Law. 282 VI.... 2014  
Adam J. Adler Dual Sovereignty, Due Process, and Duplicative Punishment: a New Solution to an Old Problem 124 Yale Law Journal 448 (November, 2014) The Double Jeopardy Clause prohibits the government from prosecuting or punishing a defendant multiple times for the same offense. Double jeopardy protections, however, come with a major exception. Under the dual sovereignty doctrine, different sovereign states can prosecute a defendant multiple times for the same offense. This Note argues that the... 2014  
Michael H. Davis Excluding Patentability of Therapeutic Methods, Including Methods Using Pharmaceuticals, for the Treatment of Humans under Trade Related Aspects of Intellectual Property Rights Article 27(3)(A) 43 Hofstra Law Review 185 (Fall, 2014) The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), the General Agreement on Tariffs and Trade (GATT), and the World Trade Organization (WTO) debacle has radically altered the traditional ability of nations to adopt whatever patent regime seems appropriate to them. Instead, TRIPS requires all member nations, even... 2014  
Curtis A. Bradley, Of the Board of Editors Federalism, Treaty Implementation, and Political Process: Bond v. United States 108 American Journal of International Law 486 (July, 2014) In Bond v. United States, the U.S. Supreme Court disallowed the prosecution of a domestic poisoning case under legislation that implements the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. In doing so, a majority of the Court declined to address constitutional issues... 2014  
Eteena J. Tadjiogueu Fifty Shades of Black: Challenging the Monolithic Treatment of "Black or African American" Candidates on Law School Admissions Applications 44 Washington University Journal of Law & Policy 133 (2014) Law school applicants who identify as Black or African American are afforded little opportunity to identify more specifically their ancestral or cultural heritage, if it is known, on law school admissions applications. Seemingly, some law schools have not found it necessary to allow certain groups, such as Haitian Americans, Black Britons,... 2014  
Y. Frank Ren Fixing Fourteenth Amendment Enforcement Power: an Argument for a Rebuttable Presumption in Favor of Congressional Abrogation of State Sovereign Immunity 94 Boston University Law Review 1459 (July, 2014) Introduction. 1459 I. The Congruence and Proportionality Test. 1461 A. The Scope of Congress's Fourteenth Amendment Enforcement Power. 1462 B. The Tiers of Scrutiny and Their Effect on Congruence and Proportionality. 1464 C. The Relationship Between State Sovereign Immunity and Congruence and Proportionality. 1468 II. The Pitfalls of the Congruence... 2014  
Nora Y.S. Ali For Better or for Worse? The Forced Marriage of Sovereignty and Self-determination 47 Cornell International Law Journal 417 (Spring 2014) Introduction. 417 I. The Struggle for Independence in Somaliland. 420 A. Creation of Greater Somalia . 420 B. Collapse of Somalia and Rise of Somaliland. 423 II. Sovereignty. 424 A. Origins of Sovereignty. 424 B. Modern Approach to Sovereignty in Globalized World. 425 III. Right to Self-Determination. 426 A. Development of the Right to... 2014  
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