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2007

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Contract Law And Distribution In The Age Of Welfare Reform, Daniela Caruso Jan 2007

Contract Law And Distribution In The Age Of Welfare Reform, Daniela Caruso

Faculty Scholarship

This Article tracks the ongoing adaptation of U.S. contract law to the 1990s’ contraction of the welfare state. Some courts strive to compensate for the shortage of welfare services and to pursue redistributive goals. This Article provides examples of this trend and then analyzes the non-linear relation between doctrines, judicial redistribution, and welfare politics in both case law and scholarship. Finally, this Article discusses the role of socially sensitive judicial discourse in light of contemporary welfare politics and explains its continuing importance.

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The Balkanization Of Originalism, James E. Fleming Jan 2007

The Balkanization Of Originalism, James E. Fleming

Faculty Scholarship

Are we all originalists now? If anything would prompt that question, it would be Ronald Dworkin and Jack Balkin dressing up their theories in the garb of originalism (or, at any rate, being interpreted as originalists). For they are exemplars of two bete noires of originalism as conventionally understood: namely, the moral reading of the Constitution, and pragmatic, living constitutionalism, respectively.' Yet in recent years Dworkin has been interpreted as an abstract originalist2 and Balkin has now embraced the method of text and principle, which he presents as a form of abstract originalism.'

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“Respectful Consideration” After Sanchez-Llamas V. Oregon: Why The Supreme Court Owes More To The International Court Of Justice, Steven Arrigg Koh Jan 2007

“Respectful Consideration” After Sanchez-Llamas V. Oregon: Why The Supreme Court Owes More To The International Court Of Justice, Steven Arrigg Koh

Faculty Scholarship

This Note argues that the doctrine of “respectful consideration” has emerged as little more than a hollow acknowledgement of the ICJ before the Court engages in its own independent interpretation of the Vienna Convention. It further argues that, while the ICJ has no actual legal authority to interpret the Vienna Convention from the U.S. domestic perspective, the Supreme Court should nonetheless treat ICJ decisions with greater deference. Specifically, Justice Stephen Breyer’s test from his Sanchez-Llamas dissent accords the proper level of deference by permitting, in limited circumstances, the remedies of suppression of the evidence and exceptions to state procedural default …

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Consumer Law As Tax Alternative, Rory Van Loo Jan 2007

Consumer Law As Tax Alternative, Rory Van Loo

Faculty Scholarship

Policymakers and scholars have in distributional conversations traditionally ignored consumer laws. Tax law dominates distributional conversations partly because legal rules are seen as less efficient and partly because consumer law research speaks to narrow and siloed contexts. Even millions of dollars in reduced credit card fees seem trivial compared to the trillion-dollar growth in income inequality that has sparked concern in recent decades. This Article is the first to synthesize the fragmented studies quantifying inefficiently higher consumer prices across diverse markets — called overcharge. These studies indicate that laws reducing overcharge could make a substantial reduction in inequality. Moreover, this …

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The International Criminal Tribunal For Rwanda As The Theater: The Social Negotiation Of The Moral Authority Of International Law, Maya Steinitz Jan 2007

The International Criminal Tribunal For Rwanda As The Theater: The Social Negotiation Of The Moral Authority Of International Law, Maya Steinitz

Faculty Scholarship

The international criminal courts (ICCs) - the ad hoc International Criminal Tribunals for the Former-Yugoslavia and for Rwanda, the recently-established permanent International Criminal Court, and hybrid internationalized tribunals such as the Special Court for Sierra Leone - are the international community's attempt to address the worst of the criminal manifestations of racism, nationalism and large-scale xenophobia. Based on five months of ethnographic research at the international criminal tribunal for Rwanda (ICTR), analyzed using Erving Goffman's dramaturgical framework, this article examines the means through which moral authority is constructed and communicated by the ICTR. Specifically, the article advances the argument that …

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The Place Of The Private Transnational Actor In International Law: Human Rights Norms, Development Aims, And Understanding Corporate Self-Regulation As Soft Law, Erika George Jan 2007

The Place Of The Private Transnational Actor In International Law: Human Rights Norms, Development Aims, And Understanding Corporate Self-Regulation As Soft Law, Erika George

Faculty Scholarship

My presentation advances a more expansive vision of the subjects and sources of international law by conceptualizing recent efforts to bring the conduct of private transnational commercial actors into compliance with human rights norms as potentially law making. Applying the "communication process theory" of international law making advanced by Professor Michael Reisman to the recent proliferation of pledges made by private corporate actors purporting to embrace international development priorities and human rights principles in response to civil society activism, I argue that international legal scholars should develop a critical appreciation for the ways in which non-state actors are engaged in …

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After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George Jan 2007

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George

Faculty Scholarship

This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …

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Development Of Tunnel Diode Devices And Models For Circuit Design And Characterization, David Pawlik Jan 2007

Development Of Tunnel Diode Devices And Models For Circuit Design And Characterization, David Pawlik

Theses

Historically, the microelectronics industry has scaled down CMOS transistor dimensions in order to increase operating speeds, decrease cost per transistor, and free up on-chip real estate for additional chip functions. There are numerous challenges involved with scaling transistors down to the near term 32 nm node, and beyond. These challenges include short gate lengths, very thin gate oxides, short channel effects, quantum effects, band-to-band tunneling from source to drain, Gate Induced Drain Leakage, Fowler Nordheim tunneling, and increasing dopant concentrations. Field effect transistor circuits augmented with tunnel diodes lead to decreased circuit footprints, decreased device count, improved operating speeds, and …

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Life Stress, Adjustment, And Religious Support In African Americans., Jemour Maddux Jan 2007

Life Stress, Adjustment, And Religious Support In African Americans., Jemour Maddux

All-Inclusive List of Electronic Theses and Dissertations

The paper sought to extend the work on religious coping in African Americans by exploring the religious moderators of the relationship between stress and adjustment between cultures. Specifically, the goal of the present investigation was to identify whether the buffering effects of religious moderators (i.e., religious coping and religious support) on the relationship between stress and adjustment varied by race. Many studies on African Americans supports that social and individualistic coping styles are respectively predictors of positive and negative adjustment. Results partially supported that religious support in African Americans was a better predictor of adjustment than religious coping. Overall, this …

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Moderating Role Of Self-Monitoring In The Presentation Of Self Through Display Of Possessions., Piotr.T Burchard Jan 2007

Moderating Role Of Self-Monitoring In The Presentation Of Self Through Display Of Possessions., Piotr.T Burchard

All-Inclusive List of Electronic Theses and Dissertations

The literature concerning the nature and presentation of the self is briefly reviewed, and the role of self-monitoring as a moderator in the presentation of self through display of possessions is discussed. It is hypothesized that high self-monitors differ from low self-monitors in the extent to which their private and public living spaces reveal their personality.Photographs of living rooms and bedrooms of 40 homeowners of different living status were collected to serve as stimuli and measure of the homeowner's personality and self-monitoring were taken.The photographs were presented to unacquainted observers who rated the homeowner's personality on the same scale.The correlations …

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Convicted Drunk Drivers Placed In Two Community-Based Programs: A Look At Program Outcomes, Kerisha L. Alexander Jan 2007

Convicted Drunk Drivers Placed In Two Community-Based Programs: A Look At Program Outcomes, Kerisha L. Alexander

All-Inclusive List of Electronic Theses and Dissertations

In Vigo County, Indiana, convicted drunk drivers are placed in varied community-based correctional programs. Two such programs are electronically monitored home detention and day reporting centers. Specifically, adult offenders convicted of drunk driving and sentenced to either program for an additional condition of their probation were the target of this study. The objective was two-fold. First, offenders who were placed in either program between February 1, 2002, and January 31, 2003, were compared in terms of exit status from the programs. Second, post-program recidivism was examined only for those offenders who successfully exited the program. Individual, case and program characteristics …

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Differences Among Non -Handicapped Students, Students With Mathematics Learning Disabilities, And Students With Mild Mental Retardation, In Elementary School In The Cognitive Components For The Addition Operation, Fawzi A. Al-Doukhi Jan 2007

Differences Among Non -Handicapped Students, Students With Mathematics Learning Disabilities, And Students With Mild Mental Retardation, In Elementary School In The Cognitive Components For The Addition Operation, Fawzi A. Al-Doukhi

All-Inclusive List of Electronic Theses and Dissertations

This study is aimed at specifying the cognitive components for addition operations (encoding, speed of executing the operation, operation selection, and strategy choice) to determine if they are responsible for the difficulties that students with learning disabilities and mild mental retardation face in the elementary school in solving simple addition problems. The researcher selected 240 male and female pupils as a random sample from third and fifth grades from the state schools in the State of Kuwait. The sample was selected based on the characteristics of gender, type of handicap, and grade. The study employed two measurements. First, the addition …

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Impact Of Pretreatment Levels Of Depression On Treatment Outcome In A United States Air Force Sample, Jon E. Ashton Jan 2007

Impact Of Pretreatment Levels Of Depression On Treatment Outcome In A United States Air Force Sample, Jon E. Ashton

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to investigate pretreatment level of depression, overall clinical distress, military rank, number of treatment sessions, and gender as predictors of clinical outcome in the treatment of depression within an active duty United States Air Force sample. An archival review of outpatient mental health records within a Life Skills Support Center, located at an Air Force Base within the mountain west region of the United States, produced a sample of 73 records that were reviewed. A stepwise multiple regression analysis indicated that pretreatment level of depression predicted clinical outcome in the treatment of depression within …

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Influence Of Curriculum On Physical Activity Of Athletic Training Graduate Students, Melissa J. Reynolds Jan 2007

Influence Of Curriculum On Physical Activity Of Athletic Training Graduate Students, Melissa J. Reynolds

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was: (a) to determine the level of physical activity of athletic training graduate students in a National Athletic Trainers' Association (NATA) accredited Post-Certificate GraduateEducation Program; (b) identify the exercise stage of change of athletic training graduate students; and (c) to identify the impact curriculum had on physical activity behaviors. One hundred seventy-five students from 10 of the 11 Post-Certification GraduateEducation Programs were invited to participate in an online survey, 87 subjects participated. A demographic survey, physical activity questions from the National College Health Risk Behavior Survey (NCHRBS), a Stages of Exercise Change Questionnaire, and a …

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Life Stress, Adjustment, And Religious Support In African Americans, Jemour A. Maddux Jan 2007

Life Stress, Adjustment, And Religious Support In African Americans, Jemour A. Maddux

All-Inclusive List of Electronic Theses and Dissertations

The paper sought to extend the work of Johnson, Kristeller, and Sheets' (2004) study by exploring the religious moderators of the relationship between stress and adjustment between cultures. Specifically, the goal of the present investigation was to identify whether the buffering effects of religious moderators (i.e., religious coping and religious support) on the relationship between stress and adjustment varied by race, as suggested by a wealth of studies on African Americans that support social and individualistic coping styles are key predictors of positive and negative outcomes, respectively. As predicted, religious support in African Americans was a better predictor of adjustment …

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Perceived Stress Among First -Year Students At A Private, Faith-Based College, Ron L. Coffey Jan 2007

Perceived Stress Among First -Year Students At A Private, Faith-Based College, Ron L. Coffey

All-Inclusive List of Electronic Theses and Dissertations

This study examines stress in first-year college students at a faith-based institution and to determine whether social support, gender, involvement in intercollegiate athletics, academic achievement, or religiosity were factors that affect or buffer the negative effects of stress. Using data collected from approximately 200 first-year students at a Midwestern faith-based institution, the study investigated particular student and social support factors that may be associated with the kind of stress that can prevent students from achieving to their potential. Internal-reliability tests and factor analyses revealed two distinct forms of stress, one labeled internally-sourced stressors and the other externally-sourced stressors. Regressing the …

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Role Theory And Caregiving Attributes In Adult Child Caregiver's Role Strain, Colleen M. Fairbanks Jan 2007

Role Theory And Caregiving Attributes In Adult Child Caregiver's Role Strain, Colleen M. Fairbanks

All-Inclusive List of Electronic Theses and Dissertations

This study examined caregiver strain in relation to caregiving demands from a role theory perspective. Goode (1960) introduced the concept of role strain, defined as felt difficulty in the fulfillment of role obligations. From this view, role strain is seen as a normal and even inevitable part of an individual's constant struggle to balance multiple obligations. Participants were 109 adults who currently provide care for a parent with Alzheimer's disease. Participants completed a questionnaire using the Internet that included the Global Role Strain Scale, the Revised Memory and Behavior Problems Checklist, the Mutuality Scale, the Role Demand Overload Scale, and …

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Self -Efficacy And Health Value Among Undergraduates Following A Lifetime Fitness Course, Heather M. Brown Jan 2007

Self -Efficacy And Health Value Among Undergraduates Following A Lifetime Fitness Course, Heather M. Brown

All-Inclusive List of Electronic Theses and Dissertations

The question of whether perceived self-efficacy for exercise and health value, respectively, varied as a function of gender and exercise stage of change was the focus of this study. An archival data set was used. Participants were 190 college students who completed a demographic questionnaire, the Exercise Stage of Change Questionnaire, the Rokeach Values Survey, and the Self-Efficacy for Exercise questionnaire before and after completing a lifetime fitness course. Two 2-factor analyses of covariance were conducted for each dependent variable, self-efficacy and health value. Gender and exercise stage of change were the independent variables. Exercise stage of change was divided …

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The Fourth R: How Indiana Public School Superintendents Make Decisions About Religious Issues, Esselona Jane Larson Jan 2007

The Fourth R: How Indiana Public School Superintendents Make Decisions About Religious Issues, Esselona Jane Larson

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this qualitative study was to understand how Indiana public school superintendents make decisions about religious issues. Although laws are written specifically to address religion and its relationship in public schools, the interpretation of these laws is affected by different factors in the public school arena. The participants in this study were nine Indiana public school superintendents, male and female from all regions of the state, representing different locale, gender, ethnicity, age and years of experience. During the literature review, six categories emerged: religion and curriculum, equal access to school facilities, prayer in schools, religious accommodations, free speech …

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Germany's Metaphysical War. Reflections On War By Two Representatives Of German Philosophy: Max Scheler And Paul Natorp, Sebastian Luft Jan 2007

Germany's Metaphysical War. Reflections On War By Two Representatives Of German Philosophy: Max Scheler And Paul Natorp, Sebastian Luft

Philosophy Faculty Research and Publications

No abstract provided.

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The Professional Development Experiences Of African American Women: The Ace Fellows Program, Waltrina E. Defrantz-Dufor Jan 2007

The Professional Development Experiences Of African American Women: The Ace Fellows Program, Waltrina E. Defrantz-Dufor

All-Inclusive List of Electronic Theses and Dissertations

This study focused on the experiences of five African American women senior administrators employed at five predominantly White institutions in the Midwest and the Northeast. There are few African American women in senior and chief executive administrative positions. These African American women were chosen as research subjects because they completed the American Council onEducation (ACE) Fellows Program and currently serve as senior and chief executive administrators of higherEducation institutions. The goals of this study were to explore how mentoring and leadership development, specifically the ACE Fellows program, impacted the careers of the African American women. Additionally, this study examined if, …

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The Lived Experience Of Individuals With Cancer: Death Anxiety, Relationships, And *Isolation, Christopher Wilson Jan 2007

The Lived Experience Of Individuals With Cancer: Death Anxiety, Relationships, And *Isolation, Christopher Wilson

All-Inclusive List of Electronic Theses and Dissertations

The experience of living with cancer is complex and multidimensional. A qualitative approach was used to explore the lived experience of individuals with cancer along three specific dimensions: death anxiety, relationships, and isolation. The participants were over 18 years old, lived in the Midwest, and were actively being treated for cancer. A number of themes emerged from the data. The participants discussed the importance of maintaining a positive attitude and outlook, utilizing sources of support, and the strength and support obtained from religious beliefs. Additionally, there was a process participants described as they came to terms with having cancer. Participants …

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Understanding The Development Of The Experienced Sexual Offender Therapist, Jenna Harmeyer Jan 2007

Understanding The Development Of The Experienced Sexual Offender Therapist, Jenna Harmeyer

All-Inclusive List of Electronic Theses and Dissertations

Using Krumboltz's Career Development Decision Making theory and grounded theory approach, Sexual Offender Therapists were interviewed to discover the various factors that influenced their career choices. Semi-structured interview questions were posed to 12 participants, 11 of which were usable. The participants were recruited via the Association for the Treatment of Sexual Abusers (ATSA) listserv, and were interviewed at the annual ATSA conference. Seven themes emerged from the narrative data including: Work with Victims; Preparedness of Training Program; On the Job Training; The Difficulties of Working with Other Professionals; People's Reaction to Your Work; Professional Isolation; and Public Policy Frustrations. Additionally, …

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Fundamentals Of The Network Neutrality Debates, Tayfun Uslu Jan 2007

Fundamentals Of The Network Neutrality Debates, Tayfun Uslu

Theses

The Network Neutrality debate is a complicated one because of the dramatic impact of networks, mainly the Internet, on people’s lives. Therefore, concepts like innovation, decentralized networks, social and political aspects need to be analyzed to have a better understanding of the fundamentals of the debate.

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Securing Tuple Space: Secure Ad Hoc Group Communication Using Pki, Kyle Morse Jan 2007

Securing Tuple Space: Secure Ad Hoc Group Communication Using Pki, Kyle Morse

Theses

Secure group communication in an ad hoc network is a largely unexplored research area. Currently available key exchange protocols were not designed to be implemented in an ad hoc network where nodes sporadically enter and leave the group. This project explores establishing secure group communication in an ad hoc network through public key infrastructure. Public key infrastructure (PKI) provides a framework for establishing and authenticating secure communication between users. A trusted certificate authority (CA) generates an identifying token, or certificate, for an authorized user. The certificate contains the user's public key and other identifying information and is digitally signed by …

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Accountability For Mental Health Counseling In Schools, Catherine Ann Lesio Jan 2007

Accountability For Mental Health Counseling In Schools, Catherine Ann Lesio

Theses

Accountability has become an important concept in school-based mental health because students face many social and emotional issues that demand highly effective interventions (Repie, 2005). This study examined the data of a survey that was conducted with 147 members of the National Association of School Psychologists (NASP) regarding their counseling practices in the schools. The results indicated that a majority of NASP members only “sometimes” use pre and post measures with their counseling cases. A Stepwise Regression showed one significant predictor for the use of progress monitoring through pre and post measures in counseling – the more prepared for counseling …

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In Search Of Common Icons For The East Asian Union, Fernando N. Zialcita Jan 2007

In Search Of Common Icons For The East Asian Union, Fernando N. Zialcita

Sociology & Anthropology Department Faculty Publications

That “Europe” is a cultural unity is the theme of the euro bank notes issued by the European Union. Thus, 5 euro has a representation of a Roman arch; 10 euro a Romanesque church door with its characteristic series of receding arches decorated with carvings; 20 euro, a traceried pointed arch from a Gothic church; 50 euro, a Renaissance rounded arch topped with a triangular pediment; 100 euro, a theatrical Baroque doorway guarded by caryatids; 200 euro, windows and a hallway, both arched and of metal, that were popular in 19th century pavilions; and finally, 500 euro, a Contemporary high-rise …

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Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao Jan 2007

Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao

Research Collection Yong Pung How School Of Law

To many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or …

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China's Participation In The Wto: A Lawyer's Perspective, Henry Gao Jan 2007

China's Participation In The Wto: A Lawyer's Perspective, Henry Gao

Research Collection Yong Pung How School Of Law

On 10 November 2001, China finally acceded to the World Trade Organization (WTO) after a marathon negotiation spanning 15 years. China's membership in the WTO raises interesting questions for both the WTO and China. For the WTO, the question is how to deal with China?a huge country of growing importance as a major global exporter and importer but is still in economic transition. For China, the question is how to implement the numerous obligations in the WTO accession package. This paper sets out by reviewing China's experience in the General Agreement on Tariffs and Trade (GATT) and the WTO. It …

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The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao Jan 2007

The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao

Research Collection Yong Pung How School Of Law

While there has been an extensive literature on the challenge procedure of the WTO Government Procurement Agreement (GPA) in general, as well as excellent country studies on the operation of the national challenge procedures of several key GPA Members, no such study has been conducted for Hong Kong yet. In the view of the author, even though Hong Kong has a relatively small procurement market, it combines the features of a clean and effective government and a highly internationalised procurement market, and thus makes an interesting subject of study. In this article, the author examines the efforts made by the …

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