AuthorTitleCitationSummaryYearKey Terms
David H. Moore The President's Unconstitutional Treatymaking 59 UCLA Law Review 598 (February, 2012) The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a... 2012  
Angelina M. Sasich The Right to Self-determination and its Implication on the Sovereign Right of States: the Inconsistent Application of International Standards for Independence with Respect to Kosovo 20 Michigan State International Law Review 495 (2012) Introduction. 495 I. Kosovo: Self-Determination and the Clash with Sovereignty. 497 II. Kosovo's Failure in Passing the Montevideo Test for Independence. 502 III. Kosovo's Failure to Fulfill Additional Requirements Set Out by the European Community's Declaration for Eastern European States. 505 IV. Canada's Constitutional Limitation to Secession... 2012  
Lillian Aponte Miranda The Role of International Law in Intrastate Natural Resource Allocation: Sovereignty, Human Rights, and Peoples-based Development 45 Vanderbilt Journal of Transnational Law 785 (May, 2012) State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood, and cultural and economic development of historically marginalized communities. This Article fills a... 2012  
The Hon. Mr. Justice Winston Anderson, JCCJ The Role of the Caribbean Court of Justice in Human Rights Adjudication: International Treaty Law Dimensions 21 Journal of Transnational Law & Policy Pol'y 1 (2011-2012) C1-3Table of Contents L1-2Introduction . R31. I. The Caribbean Community. 3 II. Establishment of the CCJ. 5 III. Original Jurisdiction and Human Rights. 7 IV. Appellate Jurisdiction and Human Rights. 9 A. General Principles Governing Judicial Attitude to International Human Rights Treaties. 10 B. Contexts for Consideration of Human Rights Treaties.... 2012  
Laura Belkner The Secular and Religious Legal Framework of Afghanistan as Compared to Western Notions of Equal Protection and Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent with Sex Equality? 20 Cardozo Journal of International and Comparative Law 501 (Winter 2012) They are Man's, said the spirit, looking down upon them. And they cling to me, appealing from their fathers. This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy, for on his brow I see that written which is doom, unless the writing be erased. I. Introduction. 502 II. Islamic Law... 2012  
L. Darnell Weeden The Supreme Court's Treatment of the Patient Protection and Affordable Care Act 12 Appalachian Journal of Law 49 (Winter 2012) The topic considered is the constitutional, policy, and political implications of the United States Supreme Court's treatment of the Patient Protection and Affordable Care Act's (ACA or Obamacare) attempt to regulate America's health care economy. In an effort to make health care more affordable to Americans while protecting the national economy... 2012  
Peter B. Rutledge Toward a Functional Approach to Sovereign Equality 53 Virginia Journal of International Law 181 (Symposium 2012) Under the principle of sovereign equality of nations, nation states are entitled to equal dignity (evidenced by conventions like their voting rights in the United Nations), have the identical capacity to contract (evidenced by their ability to enter into treaties), and are not subject to a superior sovereign (evidenced by the lack of a global... 2012  
Muriel Tinkler Transgenic Animals: Ethical Concerns Regarding Their Creation, Research and Treatment 1 Mid-Atlantic Journal on Law and Public Policy 123 (Fall, 2012) I. RESEARCH METHODOLOGY. 124 II. INTRODUCTION TO TRANSGENIC ANIMALS. 124 Table 1: Definitions. 124 III. ISSUES SURROUNDING RESEARCH OF TRANSGENIC. 127 A. Types of Animals Used. 127 B. Creating Transgenic Animals. 128 C. How Are Transgenic Animals Used?. 129 1. Goals for these Animals. 129 2. Drug and Industrial Production. 130 3. Food. 130 4. Human... 2012  
Michael P. Van Alstine Treaty Double Jeopardy: the Oecd Anti-bribery Convention and the Fcpa 73 Ohio State Law Journal 1321 (2012) I. Introduction. 1321 II. The Internationalization of the Crime of Bribery. 1325 A. The Background and Substance of the OECD Anti-Bribery Convention. 1325 B. Implementation of the OECD Anti-Bribery Convention. 1327 C. The Growth of Multiple and Successive Prosecutions in the Wake of the OECD Convention. 1329 III. Double Jeopardy and the Dual... 2012  
Ligia M. De Jesus Treaty Interpretation of the Right to Life Before Birth by Latin American and Caribbean States: an Analysis of Common International Treaty Obligations and Relevant State Practice at International Fora 26 Emory International Law Review 599 (2012) Introduction. 600 I. Relevant International Law on a Prenatal Right to Life in Latin America and the Caribbean. 601 II. International State Practice on the Application of the CRC and the American Convention on Human Rights. 606 A. Regional Interpretation of the CRC's Protection of Life Before Birth. 606 B. Regional Interpretation of the American... 2012  
David G. Dunbar Treaty Shopping and China's Response (Part 1) 23 Journal of International Taxation 36 (March, 2012) China has adopted several measures to combat treaty shopping, which is seriously eroding its domestic tax base. This two-part article examines how multinational corporations (MNCs) attempt to use China's network of tax treaties to reduce or eliminate Chinese source-country taxation. The technique involves treaty shopping, which is possible only... 2012  
by Gregory C. Sisk University of St. Thomas School of Law, Minneapolis, MN United States 40 Preview of United States Supreme Court Cases PREVIEW 4 (10/1/2012) The United States is asking the Court to hold the federal government immune from civil liability for violations of the Fair Credit Reporting Act, arguing that the general waiver of sovereign immunity for monetary claims found in the Tucker Act does not apply when another statute provides for judicial remedies without expressly authorizing suit... 2012  
  United States Adopts New Model Bilateral Investment Treaty 106 American Journal of International Law 662 (July, 2012) In April 2012, the U.S. Department of State and the Office of the United States Trade Representative released the text of the new U.S. model bilateral investment treaty (BIT). U.S. negotiators will use the new model text as a guide in future investment treaty negotiations with other countries. The text does not alter core investment protections set... 2012  
Amy Hirst Universal Aids Treatment by 2010: Broken Promises and International Intellectual Property Policies 21 Transnational Law & Contemporary Problems 227 (Spring 2012) I. Introduction. 227 II. The AIDS Crisis. 228 III. International Intellectual Property Law. 230 IV. Intellectual Property Trade Alternatives. 234 A. Parallel Importing. 234 B. Tiered Pricing. 235 C. Bulk Procurement. 236 D. Voluntary Donation. 237 E. Post-Patent Generic Drugs. 238 F. Combining Alternatives. 239 V. United States' Policies and... 2012  
Spencer Driscoll Utah's Enabling Act and Congress's Enclave Clause Authority: Federalism Implications of a Renewed State Sovereignty Movement 2012 Brigham Young University Law Review 999 (2012) On June 20, 1783, a disgruntled group of unpaid soldiers arrived at the statehouse in Philadelphia where the Continental Congress was convened. The following day, the soldiers surrounded the statehouse, demanding payment and attempting to intimidate the Congress by their mere presence; some soldiers at times even point[ed] their muskets to the... 2012  
Aaron Scheinwald Who Could Possibly Be Against a Treaty for the Blind? 22 Fordham Intellectual Property, Media and Entertainment Law Journal 445 (Winter 2012) Introduction. 448 I. What are VIPs and How Does Their Current Status Present a Human Rights Problem? An Epidemiology and a History of National and Global Solutions to the VIP Information-Access Problem. 451 A. Overview of the Global Issue of Visual Impairment. 451 1. The Economic Impact of Visual Impairment. 453 2. The Disproportionate Burden Borne... 2012  
Jodie A. Kirshner Why Is the U.s. Abdicating the Policing of Multinational Corporations to Europe?: Extraterritoriality, Sovereignty, and the Alien Tort Statute 30 Berkeley Journal of International Law 259 (2012) The United States has policed the multinational effects of multinational corporations more aggressively than any other country, but recent decisions under the Alien Tort Statute indicate that it is now backtracking. Europe, paradoxically, is moving in the other direction. Why do some countries retract extraterritorial jurisdiction while others step... 2012  
Dr. Pallavi Kishore A Comparative Analysis of Secretariats Created under Select Treaty Regimes 45 International Lawyer 1051 (Winter, 2011) The administrative structure of most international organisations includes a secretariat that plays an important role in the functioning of the entire regime. Secretariats act as the backbone of the organisations and mainly perform administrative functions. Secretariats originated with the League of Nations and continued with the United Nations (UN)... 2011  
Marilyn Phelan A Synopsis of Texas and Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct? 42 Saint Mary's Law Journal 725 (2011) I. Introduction. 726 II. Recent Texas Supreme Court Sovereign Immunity Decisions. 729 A. Sovereign Immunity in Texas. 729 B. Texas Whistleblower Act. 735 III. History of the Sovereign Immunity Doctrine. 748 IV. Stare Decisis Preserves Sovereign Immunity. 754 V. Eleventh Amendment Sovereign Immunity. 757 VI. Immunity for Governmental Officials. 763... 2011  
Randall S. Abate A Tale of Two Carbon Sinks: Can Forest Carbon Management Serve as a Framework to Implement Ocean Iron Fertilization as a Climate Change Treaty Compliance Mechanism? 1 Seattle Journal of Environmental Law L. 1 (Spring, 2011) Any post-Kyoto climate change treaty regime must seek to fully engage the use of carbon sinks to complement emissions reduction measures in order to comply with the treaty's mandates. The Kyoto Protocol did not include avoided deforestation as a mechanism for earning emission reduction credits. However, reducing emissions from deforestation and... 2011  
Michael Cornelius Kelly A Wavering Course: United States Supreme Court Treatment of State Laws Regarding Aliens in the Twentieth Century 25 Georgetown Immigration Law Journal 701 (Spring, 2011) Over the years, this Court has many times considered state classifications dealing with aliens. As we have noted before, those cases have not formed an unwavering line over the years. But to say that the decisions do not fall into a neat pattern is not to say that they fall into no pattern. In fact, they illustrate a not unusual characteristic... 2011  
Prolife Center at the University of St. Thomas Academic Treatment of Abortion and Euthanasia in Leading Constitutional Law Textbooks 6 University of St. Thomas Journal of Law & Public Policy 11 (Fall 2011) In order to identify, catalog, and respond to current academic coverage of abortion, infanticide, and euthanasia in law school teaching materials, the five leading textbooks for Constitutional Law courses were analyzed. These texts include: Cases and Materials on Constitutional Law: Themes for the Constitution's Third Century by Daniel A. Farber,... 2011  
Sean Flynn Acta's Constitutional Problem: the Treaty Is Not a Treaty 26 American University International Law Review 903 (2011) INTRODUCTION. 903 I. ACTA AND THE ENFORCEMENT AGENDA. 905 II. ACTA IS NOT A TREATY (UNDER U.S. LAW). 913 A. ACTA is not an Article II Treaty. 913 B. ACTA is not a Congressional-Executive Agreement. 914 C. ACTA is not a Sole Executive Agreement. 915 D. USTR's Justifications do not Establish ACTA's Constitutional Basis as a Sole Executive Agreement.... 2011  
Robin Perry Balancing Rights or Building Rights? Reconciling the Right to Use Customary Systems of Law with Competing Human Rights in Pursuit of Indigenous Sovereignty 24 Harvard Human Rights Journal 71 (Summer 2011) In 2007, after more than 20 years of exhaustive negotiations, drafts and re-drafts between indigenous groups and member states, the United Nations (UN) finally adopted the Declaration on the Rights of Indigenous Peoples (Declaration) by an overwhelming majority. The UN thereby recognized the right of indigenous peoples to promote, develop and... 2011  
Megan Wells Sheffer Bilateral Investment Treaties: a Friend or Foe to Human Rights? 39 Denver Journal of International Law and Policy 483 (Summer 2011) The worst cases of corporate-related human rights harm have occurred, predictably, in the places that need economic development the most: in countries that often had just emerged from or still were in conflict; and in countries where the rule of law was weak and levels of corruption high. Notably, corporations increasingly play a significant... 2011  
Steven D. Jamar Challenges Presented to Law and Public Norms by Claims of Freedom of Religion Arising in Increasingly Diverse Societies 26 Journal of Law and Religion 595 (2010-2011) Because religion is a potent force for many people, it affects the content, structure, and function of law and the law's relationship to ordering society. The complexity and variability from state to state of the relationships of religion to social, governmental, and legal systems is remarkable. This variability and complexity stems from several... 2011  
Blake Hudson Climate Change, Forests, and Federalism: Seeing the Treaty for the Trees 82 University of Colorado Law Review 363 (Spring 2011) Despite numerous attempts over the past two decades--including, most recently, the Copenhagen climate discussions in late 2009--international forest and climate negotiations have failed to produce a legally binding treaty addressing global forest management activities. This failure is due in large part to a lack of U.S. leadership. Though U.S.... 2011  
Ross D. Andre Compulsory [Mis]joinder: the Untenable Intersection of Sovereign Immunity and Federal Rule of Civil Procedure 19 60 Emory Law Journal 1157 (2011) Federal Rule of Civil Procedure 19 defines circumstances in which a court can (and must) override the plaintiff's party structure to ensure that so-called necessary and required parties are before the court, as complete justice requires. Sovereign immunity protects classes of sovereigns and their political arms from accountability in other nations'... 2011  
Allen S. Weiner Constitutions as Peace Treaties: a Cautionary Tale for the Arab Spring 64 Stanford Law Review Online Online 8 (11/18/2011) The December 2010 self-immolation of 26-year-old Tunisian Mohamed Bouazizi, a desperate response to the debilitating lack of economic opportunities for Tunisia's youth and the pervasive sense of humiliation engendered by the state's corrupt and degrading treatment of its citizens, tapped into deep popular frustration in Tunisia and throughout the... 2011  
W. Robert Hand Continental Joins the (All)star Alliance: Antitrust Concerns with Airline Alliances and Open-skies Treaties 33 Houston Journal of International Law 641 (Summer 2011) I. Introduction. 642 II. From Regulation to Open Skies: Background of the International Airline Industry. 646 A. History of U.S. and European Regulation. 646 B. Formation of International Airline Alliances. 648 C. Hypothetical Passenger Example. 650 III. Systems Competition: Alliance Systems and Open Skies. 652 A. Airline Joint Ventures. 655 B. DOT... 2011  
Charles H. Brower, II Corporations as Plaintiffs under International Law: Three Narratives about Investment Treaties 9 Santa Clara Journal of International Law 179 (2011) When talking about corporations as defendants under international law, the narrative and the legal framework seem clear even if the outcome does not. According to the narrative, multinational corporations involved in extractive industries collaborate with repressive governments to terrorize populations, instituting forced labor, attacking those who... 2011  
Chris Peloso Crafting an Updated Nuclear Non-proliferation Treaty: Applying the Lessons Learned from the Success of Similar International Treaties to the Nuclear Arms Problem 9 Santa Clara Journal of International Law 309 (2011) I. Introduction II. The Development of the Nuclear Non-Proliferation Treaty III. The Pillars of the Nuclear Non-Proliferation Treaty IV. The Nuclear Non-Proliferation Treaty was a Success V. The Nuclear Non-Proliferation Treaty was a Failure VI. Shortcomings of the Nuclear Non-Proliferation Treaty VII. Why is it Important to Update the Nuclear... 2011  
Mira T. Sundara Rajan Creative Commons: America's Moral Rights? 21 Fordham Intellectual Property, Media and Entertainment Law Journal 905 (Summer 2011) Introduction. 906 I. Moral Rights: An American Controversy. 909 II. Open Access: Friends or Strangers?. 921 A. Creative Commons: Implicit Recognition of Moral Rights. 921 1. Copyright Infringement and Creative Commons: License or Contract?. 923 2. The Basic License: Attribution Affirmed. 925 3. The Creation of Derivative Works: Integrity or... 2011  
Alex Kardon Damages under the Privacy Act: Sovereign Immunity and a Call for Legislative Reform 34 Harvard Journal of Law & Public Policy 705 (Spring, 2011) Introduction. 706 I. The Narrow Construction Canon: History, Critique, and Recent Use. 717 II. Statutory Construction and Stare Decisis. 726 III. The Privacy Act Context. 728 A. The District Court Decision in Cooper. 729 B. The Ninth Circuit Decision in Cooper. 729 C. The Reasonableness of Both Cooper Decisions. 735 D. Pre-Cooper Decisions and... 2011  
Juan Pablo Carro Deconstructing Sovereignty: the Validity of the Status-driven Mindset as Seen Through Soberanías Exitosas: Seis Modelos Para El Desarrollo Económico De Puerto Rico by Ángel Collado Schwarz 80 Revista Juridica Universidad de Puerto Rico 439 (2011) Introduction. 439 I. Model Countries. 441 A. Singapore. 442 B. Slovenia. 444 C. Ireland. 446 D. Israel. 449 E. New Zealand. 451 F. Estonia. 452 II. Puerto Rico. 453 A. Puerto Rico Emergency Fiscal Stabilization Plan. 453 B. Country Agreements and Bi-National Chambers of Commerce: The Florida and Massachusetts Model. 455 1. Florida. 455 2.... 2011  
David Weissbrodt , Cheryl Heilman Defining Torture and Cruel, Inhuman, and Degrading Treatment 29 Law & Inequality: A Journal of Theory and Practice 343 (Summer 2011) Declaring a war against terror, the United States has detained foreign nationals suspected of terrorist activities and has interrogated them at various locations outside the United States. As the United States seeks to bring charges against the detainees, serious questions have arisen regarding the interrogation methods used to obtain evidence.... 2011  
P. Raj Kumar Jhabakh Different Capital Gains Treatment of Nonresident Was Not Discriminatory 22 Journal of International Taxation 54 (November, 2011) India's Authority for Advance Ruling (AAR) recently held in Transworld Garnet Company Ltd. that non-availability of indexation benefit to nonresidents under the Indian Income Tax Act, 1961 (Act) does not amount to discrimination under the India-Canada double tax avoidance agreement (DTAA). Transworld Garnet Company Ltd. (TGIL), a company... 2011  
Gregory S. Schneider , Gabriel J. Chin Double Trouble: Double Jeopardy's Dual Sovereignty Exception and State Immigration Statutes 28 Arizona Journal of International and Comparative Law 363 (2011) On April 23, 2010, Arizona Governor Jan Brewer signed S.B. 1070 into law, igniting a national controversy about the law and immigration generally. Arizona's new law regulated noncitizens and their movement in and through the state, but in this respect it was hardly unique. For example, Arizona already had a statute criminalizing transporting... 2011  
Hayden W. Gregory Eleventh Amendment State Sovereign Immunity: Still a Free Pass to Ip Infringement? 4 Landslide Landslide 2 (November/December, 2011) The series of Supreme Court decisions beginning with Atascadero State Hospital v. Scanlon in 1985 and culminating with College Savings Bank v. Florida Prepaid Postsecondary Education Expense Fund in 1999 left states well fortified against suits for intellectual property infringement. However, more recent court decisions have created some chinks in... 2011  
Lori Murphy Enough Rope: Why United States v. White Plume Was Wrong on Hemp and Treaty Rights, and What it Could Cost the Federal Government 35 American Indian Law Review 767 (2010-2011) We have lived in poverty for so many years that it seems to be an accepted way of life. . . . We have to assert our sovereignty. Alex White Plume, Oglala Lakota It was on the Pine Ridge Reservation of the Oglala Sioux Nation that the U.S. army fired thousands of shots into four hundred Lakota people - mostly families - in December of 1890. This... 2011  
Rahim Moloo, Justin Jacinto Environmental and Health Regulation: Assessing Liability under Investment Treaties 29 Berkeley Journal of International Law L. 1 (2011) In 2009, an American investor initiated a North American Free Trade Agreement (NAFTA) arbitration, Dow AgroSciences LLC v. Government of Canada, based on the theory that Québec's banning of pesticides containing an ingredient produced by the investor, 2,4-dichlorophenoxyacetic acid (2,4-D), violated the investor's right to fair and equitable... 2011  
Robert J. McCarthy Executive Authority, Adaptive Treaty Interpretation, and the International Boundary and Water Commission, U.s. -- Mexico 14 University of Denver Water Law Review 197 (Spring, 2011) L1-2INTRODUCTION . R3198. A. An Anachronistic Agency. 198 B. Can't See the Statutes for the Treaties. 201 C. Gross Mismanagement, Imminent Catastrophe, and Plausible Deniability. 203 D. Executive Authority and Adaptive Treaty Interpretation. 206 II. THE BOUNDARY AND WATER TREATIES. 207 A. Treaty Sources. 207 B. Treaty of Guadalupe Hidalgo and... 2011  
David S. Rosettenstein Exit Costs - a New Paradigm for the Treatment of International Conflicts over Matrimonial Property Regimes? 63 Oklahoma Law Review 751 (Summer, 2011) [To] assume a closed society is to make an abstraction which takes us (conceptually) too far away from actual societies. The significance of the state as a form of social order with the power to open and close its borders . . . makes it tempting to assume that societies can be divided along and distinguished using national boundaries. But the world... 2011  
James Thuo Gathii Food Sovereignty for Poor Countries in the Global Trading System 57 Loyola Law Review 509 (Fall 2011) I would like to thank the Colloquia Committee of Loyola University College of Law for inviting me to give this year's Brendan Brown Lecture. I am honored to join a very distinguished list of prior lecturers. My lecture was inspired by my visit to the South Pacific on a United Nations mission in the summer of 2010. I travelled to Fiji, Vanuatu, and... 2011  
Maggie Ellinger-Locke Food Sovereignty Is a Gendered Issue 18 Buffalo Environmental Law Journal 157 (2010-2011) C1-3Table of Contents L1-2Abstract . R3158. I. Introduction. 158 II. Legal Regimes. 162 A. Green Revolution. 163 B. United States. 166 1. History. 166 2. Regulatory Framework. 167 C. International Regimes. 169 D. Farmers' Rights. 173 III. Food Security, Right to Food, Food Sovereignty. 175 A. Food Security. 176 B. The Right to Food. 179 C. Food... 2011  
Michael Gutman Foreign Sovereign Immunity: Is the Fsia Ineffective, or Is it Politics as Usual?, Samantar v. Yousuf, 130 S. Ct. 2278 (2010) 23 Florida Journal of International Law 125 (April, 2011) Petitioner, Mohamed Ali Samantar (Samantar), was a high-ranking government official in Somalia in the early 1980s, and served as its Prime Minister from 1987 to 1990. In 2004, Respondents, native Somalians and members of the Isaaq clan, filed suit in the U.S. District Court for the Eastern District of Virginia pursuant to the Torture Victim... 2011  
Alison McCormick From Sovereignty to Responsibility: an Emerging International Norm and its Call to Action in Burma 18 Indiana Journal of Global Legal Studies 563 (Winter, 2011) [O]ur struggle for democracy is a struggle for our everyday life. This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues... 2011  
Madeline Gallo From Wood Treatment to Unequal Treatment: the Story of the St. Regis Superfund Site 29 Law & Inequality: A Journal of Theory and Practice 175 (Winter 2011) The occupants of a neighborhood in Cass Lake, Minnesota await a cleanup of contamination left by the St. Regis Paper Company wood treatment plant (the St. Regis Site), which was closed over twenty years ago. Residents close to the plant are exposed to an increased risk of cancer and other diseases due to unsafe levels of pentachlorophenol, dioxin,... 2011  
Elena Schwieger Getting to Stay: Clarifying Legal Treatment of Improper Adoptions 55 New York Law School Law Review 825 (2010/2011) Intercountry adoption cases often encounter legal and procedural irregularities. While some irregularities are intentional violations of intercountry adoption policies and national laws, many are unintentional mistakes arising from inaccuracies or inconsistencies common when working with international--and especially developing world--governments... 2011  
Lee C. Baxter Gonzales v. City of Bozeman: the Public Duty Doctrine's Unconstitutional Treatment of Government Defendants in Tort Claims 72 Montana Law Review 299 (Summer 2011) With the ratification of its Constitution in 1972, Montana became the first and only state in the Union to abolish sovereign immunity through constitutional fiat. This enactment meant government entities in Montana were no longer immune from negligence suits. If a government actor injured an individual, the individual could gain redress. However,... 2011  
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