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2016

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Roe As We Know It, Cary Franklin Jan 2016

Roe As We Know It, Cary Franklin

Michigan Law Review

The petitioners in last year’s historic same-sex marriage case cited most of the Supreme Court’s canonical substantive due process precedents. They argued that the right of same-sex couples to marry, like the right to use birth control and the right to guide the upbringing of one’s children, was among the liberties protected by the Fourteenth Amendment. The Court in Obergefell v. Hodges agreed, citing many of the same cases. Not once, however, did the petitioners or the majority in Obergefell cite the Court’s most famous substantive due process decision. It was the dissenters in Obergefell who invoked Roe v. Wade.

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The Complicated Economics Of Prison Reform, John F. Pfaff Jan 2016

The Complicated Economics Of Prison Reform, John F. Pfaff

Michigan Law Review

Two recent books on prison growth directly address the relationship between penal change and economic conditions: Hadar Aviram’s Cheap on Crime and Marie Gottschalk’s Caught. Aviram’s is the more optimistic of the two accounts, arguing that there is at least some potential in an economic-based reform effort. Gottschalk, on the other hand, fears not only that economic-based efforts could fail to lead to significant reforms, but that they could actually make prison life worse for inmates if states cut funding and support without cutting populations. Both books make many provocative points, but both also suffer from some surprising omissions. …

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Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting, Sharing, Licensing, And Attribution), Colleen Chien Jan 2016

Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting, Sharing, Licensing, And Attribution), Colleen Chien

Michigan Law Review

In the theater of the courtroom or the rough and tumble arena of intellectual property policymaking, the day-to-day lives of creators are rarely presented. We often instead see one-dimensional vignettes, for example, “the new artist or band that has just released their [sic] first single and will not be paid for its success,” described on Taylor Swift’s Tumblr last summer when she initially withdrew from Apple’s music streaming service. While instructive, this description leaves out that Swift and other artists have long relied on “free play” mediums like radio and, more recently, YouTube to develop, not cannibalize, their audiences and …

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Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish Jan 2016

Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish

Michigan Law Review

In a number of recent landmark decisions, the Supreme Court has used the canon of constitutional avoidance to essentially rewrite laws. Formally, the avoidance canon is understood as a method for resolving interpretive ambiguities: if there are two equally plausible readings of a statute, and one of them raises constitutional concerns, judges are instructed to choose the other one. Yet in challenges to the Affordable Care Act, the Voting Rights Act, the Chemical Weapons Convention, and other major statutes, the Supreme Court has used this canon to adopt interpretations that are not plausible. Jurists, scholars, and legal commentators have criticized …

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Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino Jan 2016

Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino

Michigan Law Review

In Crawford v. Washington, the Supreme Court announced a major change in Confrontation Clause doctrine, abandoning a decades-old framework that focused on the common law principles of hearsay analysis: necessity and reliability. The new doctrine, grounded in an originalist interpretation of the Sixth Amendment, requires courts to determine whether a particular statement is testimonial. But the Court has struggled to present a coherent definition of the term testimonial. In its subsequent decisions, the Court illustrated that its new Confrontation Clause doctrine could be used to bar forensic evidence, including laboratory test results, if the government failed to produce the …

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The Supreme Assimilation Of Patent Law, Peter Lee Jan 2016

The Supreme Assimilation Of Patent Law, Peter Lee

Michigan Law Review

Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article explores these tensions by investigating an underappreciated descriptive theory of Supreme Court patent jurisprudence. Significantly extending previous scholarship, it argues that the Court’s recent decisions reflect a project of eliminating “patent exceptionalism” and assimilating patent doctrine to general legal principles (or, more precisely, to what the Court frames as general legal principles). Among other motivations, this trend responds to rather exceptional patent doctrine emanating from the Federal Circuit in areas as varied as …

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Cross-Spectral Full And Partial Face Recognition: Preprocessing, Feature Extraction And Matching, Zhicheng Cao Jan 2016

Cross-Spectral Full And Partial Face Recognition: Preprocessing, Feature Extraction And Matching, Zhicheng Cao

Graduate Theses, Dissertations, and Problem Reports (ETD)

Cross-spectral face recognition remains a challenge in the area of biometrics. The problem arises from some real-world application scenarios such as surveillance at night time or in harsh environments, where traditional face recognition techniques are not suitable or limited due to usage of imagery obtained in the visible light spectrum. This motivates the study conducted in the dissertation which focuses on matching infrared facial images against visible light images. The study outspreads from aspects of face recognition such as preprocessing to feature extraction and to matching.;We address the problem of cross-spectral face recognition by proposing several new operators and algorithms …

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Evaluation Of Concavity Compression Mechanism As A Possible Predictor Of Shoulder Muscle Fatigue, Suman Kanti Chowdhury Jan 2016

Evaluation Of Concavity Compression Mechanism As A Possible Predictor Of Shoulder Muscle Fatigue, Suman Kanti Chowdhury

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined the lived experiences of American Muslim principals who serve in public schools post-9/11 to determine whether global events, political discourse, and the media coverage of Islam and Muslims have affected their leadership and spirituality. The aim of the study was to allow researchers and educators to gain an understanding of the adversities that American Muslims principals have experienced post-9/11 and to determine how to address these adversities, particularly through decisions about educational policy and district leadership. A total of 14 American Muslim school leaders who work in public schools post-9/11 across the United States participated in the …

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The Opinions And Attitudes Of Police Officers To Proposed Changes To Law Enforcement, Jason C. Contessa Jan 2016

The Opinions And Attitudes Of Police Officers To Proposed Changes To Law Enforcement, Jason C. Contessa

Graduate Theses, Dissertations, and Problem Reports (ETD)

The field of policing has recently come under the public scrutiny due to the events surrounding the deaths of several citizens at the hands of police officers. Although not the first time policing has been criticized, the issues have caused the country to become increasingly divided on whether or not American police forces are in need of reform. There has been an overwhelming amount of complaints against law enforcement and suggestions to improve policies. As political and public figures have taken sides and police administration has made statements regarding the issues, the voices of those that would be most affected …

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Evaluating Reforestation Success On Reclaimed Coal Mines In West Virginia And Determining The Release Of Nutrients In Overburden Materials, Kara Dallaire Jan 2016

Evaluating Reforestation Success On Reclaimed Coal Mines In West Virginia And Determining The Release Of Nutrients In Overburden Materials, Kara Dallaire

Graduate Theses, Dissertations, and Problem Reports (ETD)

Coal mining remains an important industry in West Virginia and mining operations drastically disturb the forested landscape. After mining operations, reforesting the land provides economic and ecological benefits. In order to promote successful reforestation, the Appalachian Reforestation Initiative supports the Forestry Reclamation Approach (FRA). The FRA recommends creating a suitable rooting medium and ensuring that no compaction occurs. In 2005, three 2.5-ha research plots were established at the Catenary Mine in southern West Virginia. One plot was constructed with 1.2 m of brown sandstone, another with 1.5 m of brown sandstone, and the third with 1.5 m of gray sandstone. …

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Development And Application Of Quantitative Gene Expression Assays In Wild-Caught, Non-Model Fish Species, Cassidy Megan Hahn Jan 2016

Development And Application Of Quantitative Gene Expression Assays In Wild-Caught, Non-Model Fish Species, Cassidy Megan Hahn

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Great Lakes Basin is the most significant freshwater resource in North America. It is a central location for diverse anthropogenic enterprises and consequently has been heavily impacted by the release of toxic substances. Environmental studies increasingly identify the presence of both contaminants of emerging concern (CECs) and legacy contaminants in aquatic environments; however, the biological effects of these compounds on resident fishes remain largely unknown. To address this issue, the U.S. Fish and Wildlife Service Environmental Contaminants Programs initiated a multiagency, collaborative study which included chemical analysis of water and benthic sediment, assessment of caged fathead minnows and assessment …

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Understanding Coupling Of Global And Diffuse Solar Radiation With Climatic Variability, Lubna Hamdan Jan 2016

Understanding Coupling Of Global And Diffuse Solar Radiation With Climatic Variability, Lubna Hamdan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Global solar radiation data is very important for wide variety of applications and scientific studies. However, this data is not readily available because of the cost of measuring equipment and the tedious maintenance and calibration requirements. Wide variety of models have been introduced by researchers to estimate and/or predict the global solar radiations and its components (direct and diffuse radiation) using other readily obtainable atmospheric parameters. The goal of this research is to understand the coupling of global and diffuse solar radiation with climatic variability, by investigating the relationships between these radiations and atmospheric parameters. For this purpose, we applied …

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Modulation Of Coronary Reactive Hyperemia Through Soluble Epoxide Hydrolase: Role Of Oxylipins And Ppargamma, Ahmad Mahmoud Hanif Jan 2016

Modulation Of Coronary Reactive Hyperemia Through Soluble Epoxide Hydrolase: Role Of Oxylipins And Ppargamma, Ahmad Mahmoud Hanif

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ischemic heart disease (IHD) continues to be a leading cause of morbidity and mortality in increasingly more countries. Function and structural damage to the heart are likely consequences of ischemic insults and may even lead to death. The body's physiological response to ischemia is by increasing nourishment or perfusion to the deprived organ in an attempt to decrease the potential ischemia-induced damage and achieve faster recovery. This reaction to ischemia is termed reactive hyperemia (RH), and in the heart, it is coronary reactive hyperemia (CRH). Epoxyeicosatrienoic acids (EETs) are oxylipins derived from arachidonic acid (AA) and possess distinct cardiovascular benefits, …

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The Effect Of Chemotherapy On Stromal Components Of The Bone Marrow, Ian Woodrow Hare Jan 2016

The Effect Of Chemotherapy On Stromal Components Of The Bone Marrow, Ian Woodrow Hare

Graduate Theses, Dissertations, and Problem Reports (ETD)

The cells comprising the stromal compartment of the bone marrow microenvironment are critical to the maintenance of several homeostatic processes of the body. For example, mesenchymal stem cells (MSCs) and osteoblasts are vital to the regulation of differentiation and quiescence of hematopoietic cells, maintaining the skeletal system, and regulating tumor microenvironments. In addition to contributing to these processes, MSCs display several properties that make them favorable for the use in transplantation therapies. The work described herein summarizes the means by which chemotherapy damages these cells, and potential consequences of such damage with regard to their function.;Previously, our laboratory has investigated …

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The Relationship Between Plasma Osmolarity And Feed Efficiency In Beef Cattle And Effect Of Feeding Cows Medicated Feed Through Mineral Containing Altosidrtm Igr On The Growth Of Beef Calves, Taylor Diane Harrison Jan 2016

The Relationship Between Plasma Osmolarity And Feed Efficiency In Beef Cattle And Effect Of Feeding Cows Medicated Feed Through Mineral Containing Altosidrtm Igr On The Growth Of Beef Calves, Taylor Diane Harrison

Graduate Theses, Dissertations, and Problem Reports (ETD)

Dietary cation-anion modification in cattle has effects on productivity through various means. Alterations of dietary cation-anion balances has been shown to affect plasma osmolarity. Plasma osmolarity is directly related to renal function and metabolism in all animals. In a feeding operation with a single diet fed to a similar population of animals, plasma osmolarity should fall within a somewhat normal range (approximately 270-310 mOsm). However, subtle, yet very distinguishable differences will exist between animals. In theory, variances in osmolarity may reflect differences in metabolism and as such, efficiency of feed utilization. Many researchers believe that utilizing residual feed intake (RFI) …

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Development Of Engine Activity Cycles For The Prime-Movers Of Unconventional Well Completion, Robert S. Heltzel Jan 2016

Development Of Engine Activity Cycles For The Prime-Movers Of Unconventional Well Completion, Robert S. Heltzel

Graduate Theses, Dissertations, and Problem Reports (ETD)

The US natural gas extraction industry has grown by 25% over the past decade. This has encouraged the well completion industry to utilize produced natural gas to meet power demands previously obtained with diesel fuel. The major "prime-movers" of diesel fuel consumption are over-the-road (OTR) trucks, high horsepower drilling, and high horsepower hydraulic fracturing engines. The US Department of Energy (DOE) recently granted West Virginia University (WVU) funding, under agreement DE-FE0013689, to "Assess Fugitive Methane Emissions Impact Using Natural Gas Engines in Unconventional Resource Development." As part of the funding, WVU was tasked with creating engine activity cycles representative of …

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The Influence Of Slanted Ground Surfaces On Trunk Biomechanics And Stability During Trunk Bending, Boyi Hu Jan 2016

The Influence Of Slanted Ground Surfaces On Trunk Biomechanics And Stability During Trunk Bending, Boyi Hu

Graduate Theses, Dissertations, and Problem Reports (ETD)

Previous studies have shown that working on uneven ground surfaces is linked to alternations of the lumbar active and passive tissue load sharing mechanism and reductions in spinal stability, which is highly associated with the risk of low back pain. The purpose of the current research was to investigate the changes of the lumbar flexion relaxation phenomenon and lumbar segmental stability while working on slanted ground surfaces. In experiment one, fourteen male participants performed sagittal plane, trunk flexion-extension tasks on three laterally slanted ground surfaces (flat ground, 15° and 30°) while their lumbar muscle activities and trunk kinematic performances were …

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Resonant Texts: Sound, Noise, And Technology In Modern Literature, Leah Hutchison Toth Jan 2016

Resonant Texts: Sound, Noise, And Technology In Modern Literature, Leah Hutchison Toth

Theses and Dissertations--English

“Resonant Texts” draws from literary criticism, history, biography, media theory, and the history of technology to examine representations of sound and acts of listening in modern experimental fiction and drama. I argue that sound recording technology, invented in the late 19th century, equipped 20th century authors including James Joyce, Virginia Woolf, Ralph Ellison, and Samuel Beckett with new resources for depicting human consciousness and experience. The works in my study feature what I call “close listening,” a technique initially made possible by the phonograph, which forced listeners to focus exclusively on what they heard without the presence of an accompanying …

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The Convergance Of Arcadia, John Duncan Jan 2016

The Convergance Of Arcadia, John Duncan

Theses and Dissertations--English

The Convergence of Arcadia is a story about people losing things. Stretching from the Jim Crow South, the Korean War, New York City and central Kentucky circa 1980, this story follows a one armed man who has given up on life, a sheriff haunted by his past, a Korean War veteran with a terrible secret and a family broken from suicide. The Convergence of Arcadia follows three families as their fates are inextricably wove together in the tradition of Southern Gothic literature.

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Patriarchal Trauma In Appalachian Literature, Michelle Justus Jan 2016

Patriarchal Trauma In Appalachian Literature, Michelle Justus

Theses and Dissertations--English

Patriarchal Trauma in Appalachian Literature examines the effects of subjugation on women as it is represented in three novels set in Appalachia. I define patriarchal trauma as an act causing mental anguish to a woman and perpetrated against her because she is a woman. I use the term to encompass violent, catastrophic harms but more particularly to pinpoint the traumatic effects of the quotidian, systemic deprivation of women’s autonomy. Reconsidering classic texts such as James Still’s River of Earth and Robert Morgan’s Gap Creek: The Story of a Marriage as narratives of women’s trauma establishes a lineage on the subject, …

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The Effects Of Controlled Environmental And Physical Factors On The Physiological Responses Of The Handfinger System, John Kaiser Jan 2016

The Effects Of Controlled Environmental And Physical Factors On The Physiological Responses Of The Handfinger System, John Kaiser

Graduate Theses, Dissertations, and Problem Reports (ETD)

Hand injuries account for a leading cause of occupational injuries requiring treatment from United States' hospital emergency departments. These occupational injuries generate a substantial burden on employers in terms of both cost and productivity. Occupational safety gloves are an effective preventive measure of these hand and finger injuries. However, these occupational safety gloves can result in unintended injuries due to factors such as extreme conditions of temperature, relative humidity, and physical demand. The purpose of this study is to collect data on the physiological responses of the hand-finger system and their relationship with these identified factors. The physiological responses measured …

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Washington University Magazine, Fall 2016 Jan 2016

Washington University Magazine, Fall 2016

Washington University Magazine

No abstract provided.

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Technology Competence: The New Ethical Mandate For North Dakota Lawyers And The Practice Of Law, Tracy Vigness Kolb Jan 2016

Technology Competence: The New Ethical Mandate For North Dakota Lawyers And The Practice Of Law, Tracy Vigness Kolb

North Dakota Law Review

No abstract provided.

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Civil Rights—Morbid Obesity As A Disability Under The Ada Morriss V. Bnsf Ry. Co., 817 F.3d 1104 (8th Cir. 2016), Mary Batcheller Jan 2016

Civil Rights—Morbid Obesity As A Disability Under The Ada Morriss V. Bnsf Ry. Co., 817 F.3d 1104 (8th Cir. 2016), Mary Batcheller

North Dakota Law Review

No abstract provided.

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Constitutional Law—The Reaffirmation Of The Lack Of Sixth Amendment Protections For Indigent Native American Defendants In Tribal Court Proceedings United States V. Bryant, 136 S. Ct. 1954 (2016), Allyssa Wall Jan 2016

Constitutional Law—The Reaffirmation Of The Lack Of Sixth Amendment Protections For Indigent Native American Defendants In Tribal Court Proceedings United States V. Bryant, 136 S. Ct. 1954 (2016), Allyssa Wall

North Dakota Law Review

No abstract provided.

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North Dakota Supreme Court Review, North Dakota Law Review Associate Editors Jan 2016

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

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An Exploration Of The Relationships Between Chronic Pain, Inflammation, And Herbal Medicine, Termeh Feinberg Jan 2016

An Exploration Of The Relationships Between Chronic Pain, Inflammation, And Herbal Medicine, Termeh Feinberg

Graduate Theses, Dissertations, and Problem Reports (ETD)

Introduction: Inflammation is often a component of chronic pain, yet its potential role in fibromyalgia syndrome (FMS) remains inconclusive. FMS is a complex chronic pain condition affecting ~2% of the population; management is challenging and treatment options remain limited. Many herbs contain anti-inflammatory properties, and herbs indicated for analgesia and rheumatic conditions have traditionally been used in Appalachia. Despite the popularity of herbs in the US, determinants and patterns of herbal use with regard to pain management have not been well studied, particularly in Appalachia, where prevalence of chronic pain and related comorbid conditions is high and access to medical …

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Rehabilitation Of Structures Below The Earths Surface Using Fibre Reinforced Polymer Shell Augers And Fabrication Of Plastic Compounder, Kumar Venkatesh Karri Jan 2016

Rehabilitation Of Structures Below The Earths Surface Using Fibre Reinforced Polymer Shell Augers And Fabrication Of Plastic Compounder, Kumar Venkatesh Karri

Graduate Theses, Dissertations, and Problem Reports (ETD)

Many ageing highway bridges are in distress, requiring urgent repairs or rehabilitation. About 10% of the total highway bridges require rehabilitation in United States of America (Houlihan, April 2015). Reconstruction of these bridges requires large sums of money and time consuming conventional rehab schemes. Herein, a novel rehab scheme with Fiber Reinforced Polymer (FRP) composites has been evaluated in the laboratory as FRPs exhibit high strength to weight ratio, high stiffness and excellent corrosion resistance. Current methods to repair pile systems are limited by access issues as the piles are extended typically underwater and below the mudline. Traditional methods require …

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A Radiological Survey Of Two Bruker D8 Advance Xrd Instruments Located In Separate Quality Control Laboratories, Justin Anthony Meador Jan 2016

A Radiological Survey Of Two Bruker D8 Advance Xrd Instruments Located In Separate Quality Control Laboratories, Justin Anthony Meador

Graduate Theses, Dissertations, and Problem Reports (ETD)

A Radiological Survey of Two Bruker D8 Advance XRD Instruments Located in Separate Quality Control Laboratories By Justin Meador In October 2016, XYZ Laboratories requested assistance with conducting a radiological survey of each of their Bruker D8 Advance XRD instruments to determine compliance with Title 64 West Virginia Legislative Rule, Department of Health, Series 23, Radiological Health Rules (64CSR23) and 10 CFR Part 20 – Standards for Protection Against Radiation in regards to the X-Ray radiation being emitted during operation of the units. A review of ionizing radiation, sources of radiation, biological effects, unit descriptions, Federal and State standards, description …

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Three Essays Analyzing The Pricing Of A Community Supported Agriculture System, Dwayne Bauknight Jan 2016

Three Essays Analyzing The Pricing Of A Community Supported Agriculture System, Dwayne Bauknight

Graduate Theses, Dissertations, and Problem Reports (ETD)

The current landscape of small farms is approaching a major shift as more and more small farms are poised to come onto open marketplace around urban areas. A different farming business model called Community Supported Agriculture (CSA) has been utilized as new way for farmers to potentially earn above average revenue. However, small farmers still feel dissatisfied with their overall farm income, but when implementing the CSA business model the producers do feel that the CSA enhances their overall income satisfaction. Three essays were developed to examine this predicament. The first essay examined possible economic pricing models that a CSA …

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