AuthorTitleCitationSummaryYearKey Terms
Grant Christensen ARTICLE IV AND INDIAN TRIBES 110 Iowa Law Review 629 (January, 2025) ABSTRACT: Unlike the first three articles of the Constitution which create the three branches of the federal government and articulate their limited powers, Article IV establishes a set of rules to police the actions of states and knit them together into a single union. Notably absent from Article IV is any mention of the tribal sovereign.... 2025  
Priyasha Saksena BANDUNG, STATE-MAKING, AND CITIZENSHIP IN SOUTH ASIA 119 AJIL Unbound 210 (2025) The Final Communiqué of the Bandung conference included a set of ten principles that emphasized respect for the sovereignty and territorial integrity of all nations and abstention from intervention or interference in the internal affairs of another country. In this essay, I examine the impact of these emphases on the domestic law of one of the... 2025  
Judge J. Matthew Martin BARRIERS AND OPPORTUNITIES IN REPORTING IMPAIRED-DRIVING DATA FROM INDIAN COUNTRY 64 Judges' Journal 19 (Winter, 2025) In 2021, the most recent year for which the National Highway Traffic Safety Administration (NHTSA) has data, there were 188 alcohol-involved crash fatalities on federally recognized Indian reservations in the United States. Of these individuals, 111 were Natives. While this may seem like a drop in the ocean of the greater, national impaired-driving... 2025  
Jasmine Sozi BAY AREA COMMUNITY LAND TRUST RISING TOGETHER: RECLAIMING HOUSING, REIMAGINING POWER 34 Journal of Affordable Housing & Community Development Law 39 (2025) The Bay Area Community Land Trust (BACLT) stewards land in Berkeley and Oakland, on the unceded territory of the Chochenyo-speaking Ohlone people. The areas--known today as Berkeley (xucyun) and Oakland (Huichin)--are part of the ancestral and unceded homelands of the Ohlone, including the Muwekma Ohlone Tribe and other descendants of the... 2025  
Yanaisi Gordon BETTING ON PRIVACY: SAFEGUARDING DATA IN THE ERA OF ONLINE GAMBLING 15 UNLV Gaming Law Journal 189 (Spring, 2025) Privacy is the general right to be let alone. - Samuel Warren and Louis Brandeis. With gambling now legal in many places across the United States, approximately one in five adults is actively gambling, whether in person or through online gaming platforms. As of 2023, thirty-six jurisdictions have legalized commercial gambling or online sports... 2025  
Iza Hussin , Politics and International Studies, University of Cambridge, UK, Email: ih298@cam.ac.uk BETWEEN EMPIRES: ARAB, ASIAN, AND EUROPEAN LEGAL ORDERS IN THE NINETEENTH-CENTURY INDIAN OCEAN 50 Law and Social Inquiry 935 (August, 2025) Seema Alavi, Sovereigns of the Sea: Omani Ambition in the Age of Empire. Delhi: Penguin Random House, 2023 Seema Alavi's Sovereigns of the Sea presents a reading of global and imperial politics of the long nineteenth century from an oceanic and Asian vantage point. From this vantage point, she shows that Arab and Asian imperialisms jostled and... 2025  
Jill C. Engle BIRTH ON MOTHER EARTH: MITIGATING THE MATERNAL HEALTH CRISIS 32 Virginia Journal of Social Policy and the Law 53 (Spring, 2025) Introduction. 54 I. The Maternal Health Crisis & Collateral Problems for Women of Color. 58 A. Poor Maternal Health Outcomes. 58 B. Suppression of Birth Practices of Indigenous and People of Color. 66 C. Climate Change Exacerbates the Maternal Health Crisis. 71 II. Strategies That Improve Maternal Health Outcomes. 75 A. Midwives and Other... 2025  
Evan D. Bernick, Paul Gowder, Anthony Michael Kreis BIRTHRIGHT CITIZENSHIP AND THE DUNNING SCHOOL OF UNORIGINAL MEANINGS 111 Cornell Law Review Online 101 (23-Jul-25) This Essay critically surveys the recent debate surrounding birthright citizenship in the United States, particularly in light of arguments presented by legal scholars Randy Barnett, Kurt Lash, and Ilan Wurman. Under the guise of originalism, Barnett, Lash, and Wurman propose an ahistorical, revisionist interpretation of the Fourteenth... 2025  
  BOOK NOTES 50 Law and Social Inquiry e1 (November, 2025) Bernstein, Alyssa G., Palestinian Political Organizations in Israeli Prisons. Oxford, UK: Oxford University Press, 2024. Pp. xxx + 292. $115 cloth. Drawing on observation-based fieldwork and interviews with ex-prisoners, lawyers, and advocates, this book presents a sociological account of Palestinian prisoners in Israel. Applying a social movement... 2025  
Michelle Paxton BRIDGING THE RURAL JUSTICE GAP: A SCALABLE SOLUTION ROOTED IN CLINICAL LEGAL EDUCATION 21 Northwestern Journal of Law & Social Policy 39 (Fall, 2025) The rural justice gap significantly impacts child welfare legal representation, exacerbating the challenges families face when navigating juvenile courts in rural America. Attorneys in these communities frequently encounter geographic isolation, limited access to specialized training, professional burnout, and inadequate resources, all of which... 2025  
Evan D. Bernick CANON AGAINST CONQUEST 2025 University of Illinois Law Review 1169 (2025) The curious thing about court cases which have occurred since the treaty days is that legal interpretation has been traditionally pro-Indian. -Vine Deloria, Jr., Custer Died For Your Sins: An Indian Manifesto (1969) The interpretive rules that require judges to read treaties, statutes, and other legal texts in favor of Native nations and people... 2025  
Malini Sur , Institute for Culture and Society and School of Social Sciences, Western Sydney University, Penrith, New South Wales, Australia CARTOGRAPHIES OF CLOTHING: ON THE AESTHETICS AND PRACTICES OF PROPERTY IN BORDERLANDS 48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) Received: 11 January 2024 | Revised: 7 August 2024 | Accepted: 22 October 2024 Keywords: borderlands | clothing | exchange | Garos | kinship | material culture | property This article explores the symbolic and material role of clothing in shaping the aesthetics and practices of property among the Garos in the India-Bangladesh borderlands. It argues... 2025  
Carol Nackenoff CASTE AND AMERICAN CITIZENSHIP IN THE TRUMP ERA 85 Maryland Law Review 178 (2025) Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person's mother was unlawfully present in the United States and the father was not a United States citizen or lawful... 2025  
Madhav Khosla , Pratap Bhanu Mehta CASTE FORMALISM: THE LAW AND POLITICS OF EQUALITY IN INDIA 87 Law and Contemporary Problems 205 (2025) In modern constitutional democracies, achieving equality has long been a challenge. In recent years, theorists have focused on understanding the meaning of discrimination and determining when and how discrimination becomes problematic. One critical issue that has long animated discussions on both the general guarantee of equality and the specific... 2025  
Mario A. Sullivan CELEBRATING OUR LEGACY 51 Human Rights 2 (October, 2025) As the Section of Civil Rights and Social Justice (CRSJ) proudly celebrates its 60th anniversary, we mark this milestone not only as a moment of reflection but also as a call to action. For six decades, our Section has championed civil rights, defended civil liberties, advanced social justice, and amplified the voices of those often silenced in our... 2025  
Margo Schlanger CHALLENGING FEDERAL GOVERNMENT IMPUNITY: THE CASE OF DISABILITY LAW 105 Boston University Law Review 1949 (October, 2025) The scope of federal governmental exemption from ordinary liability and judicial scrutiny is highly contested. That contest has never been more important than right now, as the Trump Administration pushes legal and oversight boundaries, asserting its prerogative to disregard not just prior practice but statutory and regulatory control. This Article... 2025  
Hana E. Brown , Department of Sociology, Wake Forest University, Winston-Salem, NC, USA, Email: brownhe@wfu.edu CHALLENGING THE INDIAN CHILD WELFARE ACT: COLORBLIND RACISM, WHITENESS AS PROPERTY, AND THE LEGAL ARCHITECTURE OF SETTLER COLONIALISM 59 Law and Society Review 356 (June, 2025) (Received 19 October 2023; revised 14 June 2024; accepted 4 July 2024) Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). ICWA sought to end the forced removal of American Indian children from their... 2025  
Diane Marie Amann CHILD-TAKING JUSTICE AND THE FEDERAL INDIAN BOARDING SCHOOL INITIATIVE 119 American Journal of International Law 629 (October, 2025) I always wonder where the ghosts are & if they still celebrate the living - Kinsale Drake, Diné poet I formally apologize as president of the United States of America, for what we did. - Joe Biden, U.S. president All too common, among the too many wrongs done to oppressed communities, is child-taking. Child-taking occurs when a state or similar... 2025  
Alexandra Fay CITIZENSHIP AND EMPIRE IN ELK v. WILKINS 102 Washington University Law Review 1839 (2025) In 1884, the Supreme Court held that the Fourteenth Amendment's guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins, the Court denied John Elk the right to vote on the grounds that he was born a tribal member, not subject to the jurisdiction of the United States, and thus ineligible for citizenship. This Article... 2025  
Daniel B. Rice CIVIC DUTIES AND CULTURAL CHANGE 113 California Law Review 1723 (October, 2025) What duties do Americans owe the state? Today, this question seems almost incomprehensible. Compulsions in the common interest are received coolly in our rights-obsessed culture, and the Supreme Court has never announced a framework for identifying the burdens of citizenship. Yet the concept of civic duty has played a central role in America's... 2025  
Helen Hershkoff CLASS ACTIONS AND NEW FORMS OF AGGREGATE LITIGATION IN THE UNITED STATES: A RESPONSE TO PROFESSOR ARTHUR R. MILLER 81 New York University Annual Survey of American Law 261 (2024-2025) May 10, 2024 Bocconi University Milan, Italy Thank you for the opportunity to return to Bocconi University after participating last year in a discussion of Italian civil procedure reform. I am honored to appear today with my esteemed senior colleague Professor Arthur R. Miller. I thank the Rector, Professor Marta Cartabia (who earlier in her... 2025  
Monica Visalam Iyer CLIMATE EQUALITY LITIGATION AND TRANSFORMATIVE JUSTICE 55 Columbia Human Rights Law Review Forum 286 (December, 2025) Perhaps the most optimistic view of the climate crisis is that it presents an opportunity, or even a necessity, to forge a new vision of the world that we share. If we are to face the threat of global warming, this must be done not only in a manner that is environmentally sustainable, but also in a way that reckons with historical and structural... 2025  
Andrew Hammond CLIMATE STRAINS AND THE SAFETY NET 111 Iowa Law Review 155 (November, 2025) ABSTRACT: As the climate crisis deepens, environmental pressures like extreme heat and worsening air quality are steadily degrading daily life in the United States. Distinct from climate shocks like hurricanes or wildfires, these climate strains impact all Americans, but do so unequally, depending on several factors, including people's geographic... 2025  
  CODIFY GARDNER 138 Harvard Law Review 2093 (June, 2025) It is no wonder that the veterans shout and curse. It is also not surprising that many of them no longer feel attached to this country as their home. They have not forsaken us; they feel that we have forsaken them. I want to add my voice to their shouts and curses. -- Daniel K. Inouye The Gardner presumption, also known as the pro-veteran canon, is... 2025  
J. Christopher Upton , Temple University, Philadelphia, USA CODIFYING GAYA, CULTIVATING HUNTERS: INDIGENOUS HUNTING SELF-GOVERNANCE AND SELF-DISCIPLINE IN TAIWAN 48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) Received: 23 September 2024 Revised: 7 March 2025 Accepted: 29 June 2025 Keywords: hunting | Indigenous peoples | interlegality | self-discipline | Taiwan | Truku Hunting rights have emerged as a central issue in debates over Indigenous peoples' legal and political rights in Taiwan. Recent shifts in state policy and attitudes toward Indigenous... 2025  
Andrew Novak COLLATERAL CONSEQUENCES OF CONVICTION AND RESTORATION OF RIGHTS IN TRIBAL LAW 100 North Dakota Law Review 363 (2025) I. INTRODUCTION. 364 II. AN OVERVIEW OF COLLATERAL CONSEQUENCES IN INDIAN COUNTRY. 367 A. Restrictions on Tribal Office. 369 B. Restrictions on Business Licenses, Permits, and Regulated Occupations. 374 C. Restrictions on Civil Rights and Tribal Social Services. 378 D. Restrictions in the Gaming Industry. 383 III. FEDERAL LAW, STATE LAW, AND TRIBAL... 2025  
Dante C.H. Harootunian COLONY IN THE CROSSHAIRS: A REEVALUATION OF THE HIGH COURT OF AMERICAN SAMOA'S DECISION IN CRADDICK v. TERRITORIAL REGISTRAR IN LIGHT OF SUBSEQUENT FEDERAL DECISIONS IN WABOL v. VILLACRUSIS AND STUDENTS FOR FAIR ADMISSIONS, INC. v. HARVARD 41 UCLA Pacific Basin Law Journal 101 (Spring, 2025) This article analyzes the High Court of American Samoa's 1980 ruling in Craddick v. Territorial Registrar and compares the decision's reasoning with preceding cases that had also evaluated the constitutionality of racial restrictions under the equal protection guarantees of the Fifth Amendment and Fourteenth Amendment. The article then compares the... 2025  
Carrie Rosenbaum COLORBLIND IMMIGRATION RACISM 72 UCLA Law Review Discourse 554 (2025) The Fifth Amendment equal protection doctrine has never been effective at curtailing racialized harm in immigration law. While not expressly drafted to address racially differential impact, the administrative law doctrine known as arbitrary and capricious review has the potential to enable courts to set aside discretionary immigration enforcement... 2025  
Reva B. Siegel, Mary Ziegler COMSTOCKERY: HOW GOVERNMENT CENSORSHIP GAVE BIRTH TO THE LAW OF SEXUAL AND REPRODUCTIVE FREEDOM, AND MAY AGAIN THREATEN IT 134 Yale Law Journal 1068 (February, 2025) With the overturning of Roe v. Wade, the antiabortion movement has focused on a new strategy: transforming the Comstock Act, a postal obscenity statute enacted in 1873, into a categorical ban on abortion--a ban that Americans never enacted and, as the movement recognizes, would never embrace today. Claims on the Comstock Act have been asserted in... 2025  
  CONFERENCE SPEAKERS 49 Canada-United States Law Journal 8 (2025) Kristy Balsanek has more than 20 years of legal experience, practicing in both global law firms and in-house roles. She focuses on core environmental, social and governance (ESG) related risk areas including business ethics, corporate governance, director/officer duties, anti-corruption, sanctions, global supply chain transparency, labor and human... 2025  
Chloe S. Fife CONGRESSIONAL ENFORCEMENT OF TRANSGENDER RIGHTS: REMEDYING ANTI-TRANSGENDER CONSTITUTIONAL HARMS UNDER THE ENFORCEMENT CLAUSE 111 Virginia Law Review Online 64 (February, 2025) Over the past five years, trans Americans have faced a number of intrusions on their rights. States across the country have enacted laws that bar trans participation on sports teams, ban the use of bathrooms consistent with one's gender identity, prevent access to accurate identification documents, prohibit drag shows, prevent the discussion of... 2025  
Isaac Park CONGRESSIONAL GUESSWORK AND THE SEPARATION OF POWERS 77 Florida Law Review 1885 (September, 2025) Before City of Boerne v. Flores, the Supreme Court construed Section Five of the Fourteenth Amendment as an expansive grant of authority, affording Congress broad power to enact legislation enforcing its own interpretations of the Constitution. Under this regime, Congress enacted landmark civil rights statutes such as the Americans with... 2025  
Andrew J. Lanham CONSTITUTIONAL ICONOCLASM 123 Michigan Law Review 1073 (April, 2025) The Constitutional Bind: How Americans Came to Idolize a Document that Fails Them. By Aziz Rana. Chicago: University of Chicago Press. 2024. Pp. xii, 776. $45. The U.S. Constitution was signed in Philadelphia on September 17, 1787. By the time it reached its one hundredth birthday, it was showing its age. There was a series of moderately sized... 2025  
Laura A. Cisneros CONSTITUTIONAL TIME: THE TEMPORAL DIMENSION OF PRECEDENT IN CONSTITUTIONAL JURISPRUDENCE 55 University of Memphis Law Review 935 (Summer, 2025) I. Introduction. 936 II. Stare Decisis as a Constitutional Safeguard: Traditional Approaches to Precedential Power. 941 A. The Problem of Temporality in Constitutional Interpretation. 942 B. The Role of Precedent: The Traditional View of Stare Decisis. 946 III. Temporal Dissonance: How the Roberts Court's Text-Centric Approach Reshapes... 2025  
Evan D. Bernick CONSTITUTIONS OF ICE AND FIRE 173 University of Pennsylvania Law Review 2081 (June, 2025) Imagine the present, cooled-down universe, in comparison to the universe in its fiery and formative stage, as a living corpse: with limited kinetic energy, temperature, and degrees of freedom, with an established structure, and with enduring regularities--the laws of nature. Yet there was a time . when the phenomena were excited to much higher... 2025  
  Contracting in the Age of Trump 19 The American College of Construction Lawyers Journal 1 1 (2025) Jim Nagle is a partner in Smith Currie Oles LLP's Seattle office, and a Fellow of ACCL. Jake Scott is a partner in the Washington, D.C. office of Smith Curries Oles, and the remaining authors are Smith Currie Oles associates in offices across the country: Kenny Cantrell (Atlanta), Caroline Brooks (Washington, D.C.), Sean Farrell (Atlanta), Mark... 2025  
H. Justin Pace , Eden Punch CONVERGENCE AND DIVERGENCE OF ALCOHOL AND MARIJUANA REGULATION IN A FEDERALIST SYSTEM POST-COVID-19 73 University of Kansas Law Review 615 (February, 2025) After the passage of the Twenty-first Amendment, the regulation of alcohol in the United States largely takes place at the state level. While marijuana has been illegal at the federal level since 1937, states have been liberalizing marijuana laws at the state level since 1996 by legalizing marijuana for medical or adult use. Alcohol regulation,... 2025  
M. Alexander Pearl CORPOREAL PROPERTY AND THE LIMITS OF NAGPRA 94 Fordham Law Review 457 (November, 2025) Introduction. 457 I. Western Legal Traditions of Property. 458 II. Historical Conduct and the Inertia of Native Mythology. 466 III. Updates to NAGPRA and a New Category of Contemporary Harms to Tribal Communities: Federal Indian Boarding Schools. 472 IV. Guiding Principles for Restoration of Tribal Cultures and Languages. 477 Conclusion. 482 2025  
Kelsey Jost-Creegan CRITICAL PRAXIS FOR TRANSNATIONAL MOVEMENT-LAWYERING 52 Pepperdine Law Review 811 (April, 2025) This Article seeks to identify new ways to respond to critiques of international human rights practice as hierarchy-reproducing, extractive, and imperialist. It proposes one model for how human rights lawyers can better work in solidarity with oppressed communities organizing around common grievances: transnational movement-lawyering. While the... 2025  
Shannon Eva Labuschagne DAMMING HUMAN RIGHTS: THE LOWER SESAN 2 DAM 59 University of San Francisco Law Review 175 (2025) Large dams are now a ubiquitous feature of river systems around the world. Sixty-five percent of the world's rivers are studded with 58,519 large dams and thousands of smaller dams, impacting the eight most biogeographically diverse basins in the world. As is the case with many large development projects, studies show the adverse human rights... 2025  
Meridian S. Wappett DAMNED IF YOU DO, DAMMED IF YOU DON'T: SOLUTIONS FOR THE SNAKE RIVER AND THE NEZ PERCE TRIBE 86 Montana Law Review 443 (Summer, 2025) I have heard talk and talk, but nothing is done. Good words do not last long unless they amount to something. -Hinmatóowyalahtq'it, Chief Joseph For millennia, the Snake River has been a vital artery of life for the Nez Perce people, also known as the Nimiipuu, woven into their cultural identity, spiritual practices, and food security. However,... 2025  
Telia Mary U. Williams DANCING ABOUT ARCHITECTURE: A CASE FOR THE ATTENUATION OF TRADEMARK OWNERSHIP IN FAVOR OF CULTURAL PROPERTY 74 American University Law Review Forum 243 (June, 2025) Celebrated Cuban writer and musicologist Alejo Carpentier may have been the first to make the somewhat cryptic pronouncement that writing about music is like dancing about architecture, a maxim meant to acknowledge the apparent incongruity of two different artistic media and the evident futility of expressing some ideas in mere words. Likewise,... 2025  
Asaf Lubin , Cherry Tang DATA INJUSTICE IN GLOBAL JUSTICE 59 U.C. Davis Law Review 147 (November, 2025) In May 2020, the United Nations Secretary-General unveiled a sweeping Data Strategy for Action by Everyone, Everywhere, seeking to unlock the UN's full data potential. The International Criminal Court's Office of the Prosecutor followed suit, declaring in 2023 its intent to acquire advanced cyber forensic tools so as to hold the widest range... 2025  
Richard Albert DECOLONIAL CONSTITUTIONALISM 25 Chicago Journal of International Law 341 (Winter, 2025) The American Declaration of Independence kindled the first successful decolonial movement in the modern world, culminating in the enactment of the United States Constitution. From colony to sovereign state to great power, the United States modeled for subordinated peoples abroad how to win their own battles for sovereignty. Since the end of the... 2025  
Anthony M. Ciolli DECOLONIZING THE LAW OF THE U.S. VIRGIN ISLANDS 113 Kentucky Law Journal 515 (2024-2025) Introduction 516 I. Background. 517 II. A Brief Legal History of the U.S. Virgin Islands. 523 A. The 1921 Codes. 524 B. Statutory Reception of the Common Law of England. 526 C. The Court System of the U.S. Virgin Islands: The First 50 Years. 532 D. The Death of Indigenous Virgin Islands Jurisprudence. 539 III. Decolonization and Development of... 2025  
Christopher M. Roberts DEFINING FORCED AND FREE LABOR, 1930-1957 48 Fordham International Law Journal 477 (January, 2025) This Article explores international debates around forced and free labor in the twenty-seven years following agreement on the Forced Labour Convention in 1930. On the coercive labor side, it explores the discussions around the abolition of penal sanctions in the colonial context, the 1956 Supplementary Convention on the Abolition of Slavery, and... 2025  
Nicholas Lazzaro DEMANDING COMPLIANCE, DEMURRING ADHERENCE: U.S. TREATY LAW HAMSTRINGS U.S. SOFT POWER WORLDWIDE 53 Hofstra Law Review 933 (Spring, 2025) Consider this scenario: A U.S. citizen is accused of a crime--murder--in another country, one which is party to the Vienna Convention on Consular Relations, which requires that foreign nationals be informed of their right to request consular assistance, similar to a modified Miranda warning. This information is not conveyed to the accused, and they... 2025  
Jeffrey B. Litwak DEVELOPMENTS IN INTERSTATE COMPACT LAW AND PRACTICE 2024 53 Urban Lawyer 113 (Spring, 2025) The year 2024 did not produce any blockbuster developments for interstate compacts but produced plenty of fodder for interesting discussion about how principles of compact law apply in both compact and non-compact situations. The U.S. Supreme Court's decision in Texas v. New Mexico allowed the United States, as an intervenor, to object to a... 2025  
Katrin Kuhlmann DIGITAL REGULATION AND DEVELOPMENT: A GLOBAL MICRO AND MACRO COMPARISON 56 Georgetown Journal of International Law 625 (Spring, 2025) Regulation of the digital economy is receiving increased attention both domestically and internationally, but too little scholarship exists assessing the degree to which these new rules effectively support economic, social, and sustainable development. This Article advances a micro-macro framework for assessing digital regulation and its... 2025  
Jonathan Simon, Lance Robbins Professor of Criminal Justice Law, University of California Berkeley, United States, Email: jssimon@berkeley.edu DIGNITY DEFIED: LEGAL-RATIONAL MYTHS AND THE SURPLUS LEGITIMACY OF THE CARCERAL STATE 50 Law and Social Inquiry 955 (November, 2025) (Received 29 October 2022; revised 22 June 2023; accepted 15 September 2023; first published online 20 January 2025) A decade ago, it seemed that America's punitive system of mass incarceration was on the precipice of a transformation, stimulated by a legitimacy crisis as great as any in a century. A decade later, far more modest steps toward... 2025  
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