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2012

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The Past, Present, And Future Of Critical Tax Theory: A Conversation, Karen B. Brown Jan 2012

The Past, Present, And Future Of Critical Tax Theory: A Conversation, Karen B. Brown

GW Law Faculty Publications & Other Works

This essay endeavors to document and to preserve the story of the origins of the book Taxing America (NYU Press 1997) edited by KarenB. Brown and Mary Louise Fellows. The publication of that text was a key milestone in the development of critical tax theory as an intellectual discipline. By identifying and bringing together lawyers and scholars with an interest in the political and discriminatory aspects of tax law, Professors Brown and Fellows created one of the first working groups of critical tax theorists. In this essay, the book's two editors reflect on the book's intellectual antecedents and its material …

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Beginning Testimony With An Overview Witness, Stephen A. Saltzburg Jan 2012

Beginning Testimony With An Overview Witness, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Moore, 651 F.3d 30 (D.C. Cir. 2011) to illustrate how a court dealt with the prosecutor's use of a summary, or introductory, witness to set forth an overview or outline of a case.

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One Person's Statement To Prove Another's Actions, Stephen A. Saltzburg Jan 2012

One Person's Statement To Prove Another's Actions, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines State v. McLaughlin, 14 A.3d 720 (N.J. 2011) to illustrate the importance of the hearsay rule to resolving the admissibility issue of a declarant's statement of an intention to do a future act to prove the acts of another person.

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Enlightenment Economics And The Framing Of The U.S. Constitution, Renée Lettow Lerner Jan 2012

Enlightenment Economics And The Framing Of The U.S. Constitution, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic views, though of course they did not agree on all economic questions. Their shared economic views were common to enlightenment thinkers: promoting free trade, curtailing rent-seeking (the transfer of wealth from producers to non-producers through political power), and, in most instances, eliminating monopolies. These economic views permeate the Constitution and are …

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Geoengineering And The Science Communication Environment: A Cross-Cultural Experiment, Donald Braman, Dan M. Kahan, Hank C. Jenkins-Smith, Tor Tarantola, Carol L. Silva Jan 2012

Geoengineering And The Science Communication Environment: A Cross-Cultural Experiment, Donald Braman, Dan M. Kahan, Hank C. Jenkins-Smith, Tor Tarantola, Carol L. Silva

GW Law Faculty Publications & Other Works

We conducted a two-nation study (United States, n = 1500; England, n = 1500) to test a novel theory of science communication. The cultural cognition thesis posits that individuals make extensive reliance on cultural meanings in forming perceptions of risk. The logic of the cultural cognition thesis suggests the potential value of a distinctive two-channel science communication strategy that combines information content (“Channel 1”) with cultural meanings (“Channel 2”) selected to promote open-minded assessment of information across diverse communities. In the study, scientific information content on climate change was held constant while the cultural meaning of that information was experimentally …

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An Addendum To Cox And Posner: A Visa To 'Snitch', Eleanor Marie Brown Jan 2012

An Addendum To Cox And Posner: A Visa To 'Snitch', Eleanor Marie Brown

GW Law Faculty Publications & Other Works

Cox and Posner’s landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening educational elites. This Essay is an attempt to remedy Cox and Posner’s omission. Why is this oversight so problematic? In the post-9/11 world, U.S. immigration policy currently finds itself on the horns of a dilemma. While immigrant educational elites are critical to U.S. economic growth, terrorist networks have stepped …

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The America Invents Act, Its Unique First-To-File System And Its Transfer Of Power From Juries To The United States Patent And Trademark Office, Martin J. Adelman Jan 2012

The America Invents Act, Its Unique First-To-File System And Its Transfer Of Power From Juries To The United States Patent And Trademark Office, Martin J. Adelman

GW Law Faculty Publications & Other Works

The signing of the Leahy-Smith America Invents Act (AIA) by President Obama on 16 September 2011 is a landmark event in the history of American patent law. It has already been the subject of numerous articles on the web and in the law reviews as well as in the popular press. I have no intention here of going into all the details of the AIA, I just want to leave the reader with a sense for its eventual impact on American patent law. All the details are to be found in its 37 sections whose titles give the reader a …

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Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck Jan 2012

Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck

GW Law Faculty Publications & Other Works

Modern Military Justice: Cases and Materials (2012) is a textbook written by Professor Gregory E. Maggs and Associate Dean Lisa Schenck (both of the George Washington University Law School) and published by West (ISBN-13: 9780314268037).

This new textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. Materials from every service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses …

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Brief For Royal Dutch Petroleum Co. Et Al., As Amici Curiae Supporting Respondents, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491)., Bradford R. Clark, Anthony J. Bellia Jr. Jan 2012

Brief For Royal Dutch Petroleum Co. Et Al., As Amici Curiae Supporting Respondents, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491)., Bradford R. Clark, Anthony J. Bellia Jr.

GW Law Faculty Publications & Other Works

No abstract provided.

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Book Review Of The Law Of International Responsibility (James Crawford, Alain Pellet, And Simon Olleson Eds., Oxford University Press, 2010), Sean D. Murphy Jan 2012

Book Review Of The Law Of International Responsibility (James Crawford, Alain Pellet, And Simon Olleson Eds., Oxford University Press, 2010), Sean D. Murphy

GW Law Faculty Publications & Other Works

If one were to affix a label to the first decade of work by the UN International Law Commission in this century, a good one to choose would be the “decade of codifying international responsibility.” No fewer than five projects relating to that general topic were brought to a conclusion by the Commission in the space of ten years, constituting a formidable effort at codification that may well influence the field of public international law for years to come. Given that the Commission had spent decades considering, as part of a single project, myriad aspects of state responsibility, in some …

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Legal Disputes Related To Climate Change Will Continue For A Century, Richard J. Pierce Jr Jan 2012

Legal Disputes Related To Climate Change Will Continue For A Century, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

Professor Pierce summarizes the expected effects of anthropogenic climate change, discusses the expensive and ineffective efforts that have been attempted to date to mitigate climate change, describes a more promising strategy for the future, and explains why the US must prepare to make major changes in law to adapt to some significant changes in climate that are inevitable. This paper was originally presented to the DC Bar as the 2012 Harold Leventhal Lecture.

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District Court Review Of Findings Of Fact Proposed By Magistrates: Myth Or Reality, Richard J. Pierce Jr Jan 2012

District Court Review Of Findings Of Fact Proposed By Magistrates: Myth Or Reality, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this essay, Professor Pierce criticizes the decisions in six circuits that forbid a district judge from rejecting a finding of fact proposed by a magistrate without first conducting a new evidentiary hearing. Those decisions are inconsistent with the Magistrates Act of 1968, the 1951 decision of the Supreme Court that authorizes agencies to reject findings of fact made by Administrative Law Judges without conducting a new evidentiary hearing, the consistent findings of empirical studies that a fact-finder’s ability to observe the demeanor of witnesses does not improve the fact-finder’s ability to evaluate the credibility of witnesses, and Articles I …

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Emerging Policy And Practice Issues (2011), Steven L. Schooner, David J. Berteau Jan 2012

Emerging Policy And Practice Issues (2011), Steven L. Schooner, David J. Berteau

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2011), attempts to identify the key trends and issues for 2012 in U.S. federal procurement. It begins from the premise that the most significant emerging issue in government contracting, looking ahead, is the money (or lack of it). As the fiscal belt tightens, the procurement landscape - what the government buys, from whom, and how - will necessarily change. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. It also discusses the proliferation of …

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Landscape Level Management Of Parks, Refuges, And Preserves For Ecosystem Resilience, Robert L. Glicksman, Graeme S. Cumming Jan 2012

Landscape Level Management Of Parks, Refuges, And Preserves For Ecosystem Resilience, Robert L. Glicksman, Graeme S. Cumming

GW Law Faculty Publications & Other Works

The laws governing management of national parks, wildlife refuges, and other federal land preserves seek to conserve natural resources in highly treasured locations. The nature of conservation has changed substantially, however, since Congress first enacted these laws. It is clear that protected ecosystems are influenced by outside events and that management of human-dominated ecosystems is essential to long-term sustainability of the ecosystems containing protected preserves. The effects of climate change, invasive species introductions, and other broad-scale anthropogenic influences are expected to alter the functioning of natural systems in ways that will make it impossible for protected areas to function as …

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Momcmc: An Efficient Monte Carlo Method For Multi-Objective Sampling Over Real Parameter Space, Yaohang Li Jan 2012

Momcmc: An Efficient Monte Carlo Method For Multi-Objective Sampling Over Real Parameter Space, Yaohang Li

Computer Science Faculty Publications

In this paper, we present a new population-based Monte Carlo method, so-called MOMCMC (Multi-Objective Markov Chain Monte Carlo). for sampling in the presence of multiple objective functions in real parameter space. The MOMCMC method is designed to address the "multi-objective sampling" problem, which is not only of interest in exploring diversified solutions at the Pareto optimal front in the function space of multiple objective functions, but also those near the front. MOMCMC integrates Differential Evolution (DE) style crossover into Markov Chain Monte Carlo (MCMC) to adaptively propose new solutions from the current population. The significance of dominance is taken into …

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From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans Jan 2012

From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans

GW Law Faculty Publications & Other Works

This article provides a historical review of nuclear arms control agreements from 1925 to 2011, describing how these agreements helped diminish the nuclear arms threat and build up. As this article explains, nuclear arms control agreements can be segmented into distinct periods reflecting different approaches to the nuclear arms threat, with each stage addressing different focused objectives. As negotiations evolved throughout history, the United States and Soviet Union undertook a nuclear arms race, each striving to gain a military advantage over the other by building more and more nuclear weapons and the means to deliver them. Accordingly, a debate evolved …

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The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets, Robert D. Anderson, Steven L. Schooner, Collin D. Swan Jan 2012

The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets, Robert D. Anderson, Steven L. Schooner, Collin D. Swan

GW Law Faculty Publications & Other Works

In December of 2011, the Parties to the World Trade Organization Government Procurement Agreement (GPA) adopted significant revisions to the Agreement. The revised Agreement comprises (a) a much-needed modernization of the text of the Agreement, (b) an expansion of related market-access commitments by the Parties, and (c) a set of Future Work Programs intended to enhance transparency among the Parties and improve the administration of the Agreement. In these unstable economic times, the importance of the GPA and its improvements cannot be overstated.

This article also bemoans the media's misrepresentation of the ongoing process of China's negotiated accession into the …

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Foreword To Scholarly Writing: Ideas, Examples, And Execution, Steven L. Schooner Jan 2012

Foreword To Scholarly Writing: Ideas, Examples, And Execution, Steven L. Schooner

GW Law Faculty Publications & Other Works

This foreword recommends the forthcoming second edition of Scholarly Writing: Ideas, Examples, and Execution by Jessica L. Clark and Kristen E. Murray. The book, published by Carolina Academic Press, is a welcome tool and useful resource for students embarking on their scholarly writing endeavors. Having supervised hundreds of LL.M. candidates struggling to complete a thesis, J.D. students attempting to fulfill a scholarly note requirement dominating their second-year law journal experience, and J.D. and LL.M. candidates writing seminar papers or independent research and writing projects, the author encourages students to invest in Scholarly Writing as a helpful and instructive lifeline. The …

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Comparative Administrative Law, Francesca Bignami Jan 2012

Comparative Administrative Law, Francesca Bignami

GW Law Faculty Publications & Other Works

This chapter provides an overview of comparative administrative law, with particular attention to European jurisdictions and the United States. The underlying conceptual similarity that serves to organize the comparative analysis is the purpose, common to these systems, of rendering public administration both capable and expert, on the one hand, and accountable to a variety of liberal democratic actors, on the other hand. The chapter first discusses what historically was the principal legal tool for achieving neutrality and expertise—the legal guarantees of civil service employment—together with national variations in the professionalization of administration. It then turns to three important types of …

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The Participation Interest, Spencer A. Overton Jan 2012

The Participation Interest, Spencer A. Overton

GW Law Faculty Publications & Other Works

Lack of participation is a primary problem with money in politics. Relatively few people make political contributions—less than one-half of one percent of the population provides the bulk of the money that politicians collect from individual contributors. This Article introduces and details the state’s interest in expanding citizen participation in financing politics. Rather than focus solely on pushing an incomplete anticorruption framework to restrict special interest influence, reformers should also embrace a strategy of giving more people influence. Reformers should accept that money produces speech and that “special interests” in the form of grassroots organizations are a democratic good that …

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In Time, Bfa Thesis Exhibition By Clay Crawford, Clay Howell Crawford Jan 2012

In Time, Bfa Thesis Exhibition By Clay Crawford, Clay Howell Crawford

Honors Theses

In Time, my BFA solo exhibition, was an installation of three four-foot-by-six-foot looping video projections shone directly onto the walls of Meek Hall's Gallery 130. create this body of work, I performed as both photographer and subject. Performance in its simplest form exists completely autonomous of technology, and when the photographer or videographer documents a performance s/he produces something and more tangible than simply engaging in the performance's live exchange. As I work with time-based media, the idea of time is central to my art-making process and conceptual development. In these works, I alter standard time structures by imposing my …

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Through The Eyes Of The Elder: Perceptions And Expectations Of Health Care, Micaela Marie Delashmit Jan 2012

Through The Eyes Of The Elder: Perceptions And Expectations Of Health Care, Micaela Marie Delashmit

Honors Theses

The purpose of this study was to explore and describe elders' perceptions and expectations of healthcare. Qualitative in nature, this study was conducted in the methodology explicated by van Manen: hermeneuitc phenomenology. Data was collected in the form of personal interviews. Demographic data was collected to provide context for the study. Three essential themes, the future, time, and trust, and 10 subthemes emerged from analysis and further reflection upon the interviews of the participants. The them of the future included: concern for the future care of elders, financial concern, possible decline in the number or quality of healthcare providers, and …

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Technical And Stylistic Changes In Jewelry From The Time Of Theophilus To The Time Of Cellini, Katherine Gresham Hodges Jan 2012

Technical And Stylistic Changes In Jewelry From The Time Of Theophilus To The Time Of Cellini, Katherine Gresham Hodges

Honors Theses

My thesis consists of research from an art historical perspective concerning a number of changes in the design, style, and fabrication of jewelry from the Middle Ages to the Renaissance and the influences that brought about those changes. I have found that social political, geographical, technological, and philosophical shifts in the Renaissance all wielded significant impact on the changes in design and style of jewelry. I have approached the subject by studying jewelry as an art form equal to other art forms such painting and sculpting, rather than as a decorative art or craft. By focusing on one prominent goldsmith …

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Romeo And Juliet Online And In Trouble: Criminalizing Depictions Of Teen Sexuality, Dawn C. Nunziato Jan 2012

Romeo And Juliet Online And In Trouble: Criminalizing Depictions Of Teen Sexuality, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

As teenagers explore their sexuality and seek to memorialize and exchange information related to their sexual development, their instantaneous ability to memorialize and share images with others, via cell phones or the Internet, presents a host of new problems to which our society must respond intelligently. The recent trend of harshly punishing these teens under the child pornography regime is not an intelligent solution. In light of this wave of prosecutorial overreaching, state and federal child pornography laws should be revised to specifically exempt sexting by minors from the reach of such laws. Child pornography laws were created to punish …

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Examination Of The Determinants Of Whether Registered Auditing Firms Correct Their Quality Control System Defects Identified In Pcaob Inspection Reports, Robin Anne Jackson Jan 2012

Examination Of The Determinants Of Whether Registered Auditing Firms Correct Their Quality Control System Defects Identified In Pcaob Inspection Reports, Robin Anne Jackson

Honors Theses

The Public Company Accounting Oversight Board [PCAOB] is charged with inspecting both individual public company audits as well as audit firm quality control systems. PCAOB inspection reports include information on deficiencies in dividual audits as well as quality control system defects. However, portions of the reports describing any quality control system defects are not made unless the firm does not correct those deficiencies withm one year. 1 classify in inspection public each firm as Type 1, Type 2 or Type 3. Type 1 firms are those whose quality control defects were uncorrected and therefore disclosed after the allotted year, those …

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Assessing Companies Allowance For Doubtful Accounts: Earnings Management And The Recession, David Mcarthur Neyhart Jan 2012

Assessing Companies Allowance For Doubtful Accounts: Earnings Management And The Recession, David Mcarthur Neyhart

Honors Theses

The purpose of this thesis is to determine if the economic downturn from 2007- 2009 had any significant influence on company’s ability to estimate bad debt expense, and to examine if there were any noticeable trends of earnings management. The estimates that companies use for their estimated allowance for doubtful accounts are largely unregulated and subjective, and therefore are more easily manipulated. This point is illustrated in the Statements on Auditing Standards number 57.4 by saying, “As estimates are based on subjective as well as objective factors, it may be difficult for management to establish controls over them. Even when …

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The River Thief: A Collection Of Short Fiction, Andrew David Paul Jan 2012

The River Thief: A Collection Of Short Fiction, Andrew David Paul

Honors Theses

With this collection of short stories, 1 attempt to ereate linked pieces with a heavy emphasis on Southern Jewish identity and Eastern European folktale influences. It is in my opinion that the cuiTent Refomi Judaism movement, while modem and accessible. seeks to imitate popular. Western religious trends with no emphasis on uniqueness or authenticity. I looked towards Southern writers with distinct tones and storytelling abilities such as Lewis Nordan, Mark Richard, and Ban*y Hannah for inspiration. In addition, 1 incoiporated iconic Jewish archetyties into some of these stories such as the Wandering Jew and the Golem ot Prague. Although Southern …

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An Analysis Of The Metropolitan Atlanta Residential Real Estate Market: Beyond The Housing Bubble, Thomas Mcdowell Platt Jan 2012

An Analysis Of The Metropolitan Atlanta Residential Real Estate Market: Beyond The Housing Bubble, Thomas Mcdowell Platt

Honors Theses

This thesis examines the Metropolitan Atlanta housing market after the collapse of the Atlanta housing bubble between 2007 and 2011. Time-series analyses were performed for home prices, the amount of time homes spent on the market (days on market), and the number of homes listed for sale (inventory). Simple linear regression analyses were used to determine the effects of days on market and inventory on home prices. Homes were separated into quartiles and the analyses were repeated to determine how different price ranges behaved over the four-year period. Following the collapse of the Atlanta housing bubble, home prices and inventory …

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It's Not Purely Academic: Using Practitioners To Increase The Rigor And Practical Learning In Scholarly Writing, Karen Thornton Jan 2012

It's Not Purely Academic: Using Practitioners To Increase The Rigor And Practical Learning In Scholarly Writing, Karen Thornton

GW Law Faculty Publications & Other Works

Law schools that are building new courses and adding to their existing curriculum in an effort to offer more practical legal training may be overlooking the practical skills that can be developed through an existing graduation requirement - upper level writing. At The George Washington University Law School a practitioner-taught Scholarly Writing course focuses on the practical application of academic writing and prepares 2L students for the demanding expectations of the 2L summer associateship/internship. This Article describes the ABA standard for upper level writing, explains how the adjunct-taught program at GW Law provides skills training and professional development, and addresses …

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Food Preparation Habits Among College Students: An Exploration And Culinary Intervention, Mary Lindsey Simpkins Jan 2012

Food Preparation Habits Among College Students: An Exploration And Culinary Intervention, Mary Lindsey Simpkins

Honors Theses

The obesity rate among Americans has been growing at an alarming rate in recent years; because of this, there has been much inquiry into the possible causes, interventions, and prevention methods for this problem. One major trend that appears to have an impact on this obesity epidemic is the large proportion of meals eaten outside the home namely, at fast food or sit-down restaurants. This trend is especially prevalent among college students, whose lifestyle is generally marked by an abundance of stress coupled with a lack of time and money. Because of this lifestyle and a lack of food preparation …

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