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Books > Law > Laws of other jurisdictions & general law > Social law
This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.
Drawn from research in the manuscript records of the federal judiciary and the court reports of the Florida Supreme Court, this book examines how state and federal judges responded to the enforcement of local, state, and national prohibition in Florida. Upholding these measures often resulted in governmental encroachment on civil liberties; consequently, judges found themselves positioned to determine the scope of the liquor laws. As they balanced the rights of individuals with the power of the state, Florida judges acted independently of public opinion and based their rulings on precedent and citation of authority. To present the fullest picture possible, this text, while focusing on the efforts of the judges to uphold the spirit and the letter of the various liquor laws, it also considers the views of individuals who violated prohibition.
The Violence Against Women Act of 1994 (VAWA) is the most expansive federal legislation addressing intimate violence in the United States to date. Meyer-Emerick uses three theories to examine the legislation: Foucault's theories on how people develop their ideas about their sexuality; Habermas's theories on the legitimacy of the state; and MacKinnon's theories of a gender hierarchy preserved through sexual violence. Through consideration of interviews with policymakers, professionals, and focus groups with citizens, her analysis suggests that state intervention is limited. Additional avenues for combating violence against women is therefore necessary. These theories were also used to develop questions that were asked of policymakers and local professionals in interviews and with focus groups of survivors, perpetrators, and citizens. The interviews revealed perceptual differences between the thinking of the policymakers and the local professionals. These dissimilarities highlight the practitioners' lack of knowledge about the intent of VAWA, which may impede service delivery to clients. The focus group responses indicated that not only do women have a higher distrust than men but that survivors and perpetrators have opinions that diverge from both local citizens and other participants. This demonstrates a need for change in the system that is supposed to be protecting women from violence. Meyer-Emerick concludes with recommendations for further interventions. Policymakers and local providers of social services will find the work of particular value as will scholars and researchers dealing with domestic violence.
This book provides a comprehensive overview on the long-term care systems in 12 EU member states and Norway. Focusing on the legal background and its main principles, it includes a comparative analysis which highlights the principal dissimilarities between European long term care benefits, but at the same time also a variety of features in common. It also discusses the increasingly transnational dimension of long-term as a result of migrants returning to their country of origin in old age, and the still-unsolved legal problem of entitlement to long-term care benefits in another EU-member state.
Although the European Court of Justice ruled in Bosman (1995) that professional sportsmen and sportswomen are free at the end of their contracts, they are still at the mercy of the clubs that employ them. Such pretexts as the "special nature" of sport publicly urged by such European eminences as Tony Blair and Gerhard Schroder have institutionalized the human trafficking of players, depriving them of basic rights guaranteed under all the laws enjoyed by Europeans. They may be well-paid as long as they are in the limelight, but they have no surety. They can be, and are, bought and sold repeatedly, each time returning profits to those who trade in their athletic prowess. In this searing indictment, Professor Blanpain underscores the demonstrable illegality of the current transfer system imposed by the International Federation of Football Associations (FIFA). He describes in detail the complex ramifications of FIFA's rules in the lives of players, clearly revealing how the fundamental rights of players to free movement and freedom of labour are systematically denied. He calls for the courts, from the European Court of Justice on down, to recognize this illegality and act to enforce the Bosman judgement. Professor Blanpain examines all the crucial legal issues involved. These include the following: the classification of sportsmen and sportswomen as "workers"; the nature of the contract between player and club; the legal capacity of minors to enter into an employment contract; the trade in foreign (frequently African and South American) players with no legal rights in Europe; disciplinary rules; training compensation fees; placement and status of players' agents; dispute resolution; and conflicts with competition law. An extensive array of documents, including the FIFA Transfer Regulations and material leading to the March 2001 agreement between FIFA and the European Commission, is included in a series of annexes.
This new book reviews the legal, ethical, risk management and safety issues facing today's radiological science professional. It discusses theories and their day-to-day application, guiding good decision making. Case studies and scenarios clearly illustrate concepts. Sample forms at the end of the text help readers prepare and draft forms, charts, procedures, and policies.Covers a full range of issues - decision making, malpractice, patients' rights, civil liability, record keeping, communication, education, and much more. Clarifies the importance of risk management and the need for developing a quality safety program to protect the patient, the practitioner, and the facility.Considers the practical applications of the Code of Ethics. Answers key questions about employment law.Presents specific plans for setting up education and evaluation programs. Includes sample forms for assessing competency. Provides an overview of the legal system and how it affects imaging and therapy.Offers two complete chapters that explain what and how to document. Includes sample forms for documentation and consent. Readers can simply review and adapt to their own health care settings.Features contributions by professionals with special expertise in law, risk management and education.
Because labour and social security issues have arisen in many disparate ways since the inception of the European Communities, there has been no consistent classification of European law in this area. This book attempts to rectify that situation, presenting as complete a codification as possible of this body of law, with texts of the most important documents and direct reference to print and online sources of all relevant conventions, regulations, directives, decisions, recommendations and agreements. The codification encompasses European Union texts on labour and social security, as well as pertinent Council of Europe documents.
Dr. Scott W. Atlas examines the status of US health care under the Affordable Care Act and presents key reforms to meet the nation's significant health care challenges. Updated for 2020, the revised edition includes the facts about single-payer systems and the implications of Medicare for All proposals. Atlas's six-point incentive-based plan instills market-based competition, empowers consumers, and reduces government authority over health care. These reforms lower costs, stimulate innovation, and broaden access to quality care.
Reading this book is like sitting down with Dr. David Satcher to hear stories of leadership and lessons learned from his lifetime commitment to health equity. Dr. David Satcher is one of the most widely known and well-regarded physicians of our time. A former four-star admiral in the US Public Health Service Commissioned Corps, he served as the assistant secretary for health, the surgeon general of the United States, and the director of the Centers for Disease Control and Prevention before founding the eponymous Satcher Health Leadership Institute at Morehouse School of Medicine. At the core of his impact on public health, he is also a lifelong leader for civil rights and health equity. Born black and poor in the deep South, Dr. Satcher was a victim of an unjust health care system: he almost died of whooping cough at the age of two because Jim Crow laws meant that his black doctor could not admit him to a hospital. That experience was the first of many that shaped him as a leader and a healer deeply attuned to social inequity-someone who was determined to make a positive difference. med In My Quest for Health Equity, Dr. Satcher takes an inspiring and instructive look inside his fifty-year career to shed light on the challenge and burden of leadership. Explaining that he has thought of each leadership role-whether in academia, community, or government-as an opportunity to move the needle toward health equity, he shares the hard-won lessons he has learned over a lifetime in the medical field. Drawing on his early memories, medical school days, experience in the civil rights movement, and professional highs and lows, Dr. Satcher touches on a number of topics, including * the essential qualities of leadership * leading from science to policy to practice * the importance of clear communication and continual learning * the need for workplace discipline * confronting failure * specific health issues, including the obesity epidemic, reproductive health, and mental health stigma * team approaches to leadership * and much more In this book, readers will discover a template for using leadership roles of all types to eliminate health disparities. My Quest for Health Equity is a vital resource for current and rising leaders.
Van Calster, Vandenberghe and Reins have led an impressive group of specialists from around the world to deliver the definitive book on climate change mitigation. Mitigation law for all sectors (energy, industry, transport, buildings, waste, land use, forestry), as well as all relevant mitigation instruments (carbon trading, finance, litigation) are discussed in great detail and with an eye on all relevant countries and regions in the world, such as the EU, the United States, China and the other BRICS countries. This book is a valuable source of information on mitigation law and will be the starting point for any future research and decision-making on climate change mitigation.' - Jonathan Verschuuren, Tilburg University, the NetherlandsGovernments around the world have been trying to find ways to reduce greenhouse gas emissions for decades. This detailed Handbook considers the spectrum of legal and market-based instruments as well as strategies and policies adopted around the world and suggests more effective, comprehensive and responsive ways of managing climate change mitigation. As well as taking stock of the current and proposed legal instruments, the book looks at the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacific and the BRICS countries, and discusses domestic, regional and international law and governance. With perspectives from academia, government and private practice, the expert contributors analyse key sectors such as energy, transport, buildings, industry, land use and waste. Important issues such as carbon trading, financing and litigation are also addressed. The book demonstrates the variety of approaches taken and their challenges with a view of fostering more effective and pragmatic ways of managing climate change mitigation. This timely book will be an authoritative resource for scholars of climate change law and policy, whilst also providing a rigorous overview for upper-level students. Policymakers will gain insights from the comparative perspectives, and practitioners will appreciate the broad range of practical issues addressed. Contributors: M. Alessi, J. Allmon, H. Van Asselt, D. Belis, L. Berzanskis, S. Bogojevic, D. Conway, C. Egenhofer, J.B. Eisen, B. Evans, N. Fujiwara, M.B. Gerrard, K. Hussey, M. Iguchi, S. Kakade, C.K. Siebert, E. Knight, A. Korppoo, J. Li, J. Lin, H. Masondo, M. Mehling, K. Hannon Michel, A. Monroe, H. Nakamura, J. Nunez Ferrer, A.S. Olesen, U. Outka, S.-L. Penttinen, F. Rambau, L. Reins, L. Ristino, A. Rohatgi, R. Seroa da Motta, I. Skinner, N. Srivastava, K. Talus, T.S.A. Loi, C.Tung, K. Upston-Hooper, G. Van Calster, W. Vandenberghe, S. Wattiaux, P. Wehrheim, J. Wettestad, A. Yamamoto, E. Yliheljo, N. Bin Zahur
Founded in 1981, the Cardozo Arts & Entertainment Law Journal is one of the first student-edited entertainment law journals in the United States. Over the course of the years, it has grown to be one of the most widely-subscribed journals in the field. To celebrate the 20th anniversary of the Journal, this volume collects some of the most widely-cited articles published in the past 20 years, as well as distinguished intellectual property lectures sponsored by the Benjamin N. Cardozo School of Law, Yeshiva University. Contributors to this volume include leading commentators in the field of intellectual property, art, and communications law, as well as eminent jurists and former government officials from the U.S. Copyright Office and the U.S. Patent and Trademark Office.
The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. While the complex copyright problems of the Internet have generated plenty of literature and legislative initiatives, many important issues still remain unresolved. Rights holders in the online marketplace thus remain vulnerable to digital piracy and other forms of unauthorised use. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.
The scope and frequency of catastrophes, natural or man-made, are mounting. In 2008, more than 240,500 fatalities were counted, due to 311 natural catastrophes and man-made disasters. These numbers are unprecedented. It is to be expected that a mounting number of victims will look for financial compensation in the aftermath of future catastrophes. As the author of this ground-breaking book points out, there are as many sets of compensation mechanisms as there are countries. In a prodigious move to remedy this situation, she examines whether it is possible to find a combination of compensation mechanisms (i.e., a compensation model) that provides the most comprehensive and efficient financial solution for the victims of a natural catastrophe, a large-scale terrorist attack, and/or a man-made disaster - and, if so, what such a program would look like. In the process she deals exhaustively with such elements as the following: -the type of victims that disasters can cause; -safety regulation versus liability law; -insurability of catastrophes; -compensation funds; -capital market instruments; -types of government intervention; -defining terrorism for the purpose of compensation; and -preventive incentives as an element of efficient compensation. Because economic efficiency is an unavoidable factor in the compensation of catastrophe victims, the author relies primarily on a law and economics perspective in order to find an efficient and comprehensive model that is workable in practice and that takes into account the legal and cultural situation in the various countries. Once she has developed this model, she compares it with actual programs in Belgium, France, the Netherlands, and the United States of America - countries carefully chosen to represent a reasonably full variety of possible solutions. This comparison of real world solutions allows her to explain why each is inefficient and to define real and necessary conditions for policy change. This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility. In a heated yet often poorly informed debate, it offers clarity and insights regarding the financial compensation for victims of catastrophes which, in addition to raising academic interest, are certain to help build a framework for future policymakers and lawmakers faced with shaping compensation programs for catastrophe victims.
This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.
This book discusses feature films that enrich our understanding of doctor-patient dilemmas. The book comprises general clinical ethics themes and principles and is written in accessible language. Each theme is discussed and illuminated in chapters devoted to a particular film. Chapters start with a discussion of the film itself, which shares details behind the making of the film; box-office and critical reception; casting; and other facts about production. The chapter then situates the film in a history of medicine and medical sociology context before it delves into the clinical ethics issues in the film, and how to use it as a teaching aid for clinical ethics. Readers will understand how each film in this collection served to bring particular clinical ethics issues to the public's attention or reflected medico-legal issues that were part of the public discourse. The book is a perfect instructor's guide for anyone teaching bioethics, healthcare ethics, medical sociology, medical history, healthcare systems, narrative medicine, or nursing ethics.
This volume has been prepared for the Environmental and Health & Safety Manager. The EH&S manager is a new breed of corporate professionals that are faced with the responsibility of handling both environmental policy/issues and occupational safety issues within organizations. Throughout the 1980s there was a proliferation of health and safety departments, environmental compliance personnel, and technical people associated with handling pollution control and waste management. American industry has been over the last several years contracting and downsizing their operations. In doing so, many corporations, large and small, are demanding greater responsibilities be delegated to middle and line function management. In this regard, many corporations today are moving towards a single management entity, the EH&S manager, who's responsibilities require extensive knowledge of both the environmental statutes and OSHA standards. This desk reference has been written as a compliance source for the EH&S manager. The authors prefer to call the EH&S manager an Occupational Safety Professional and use this designation interchangeably throughout the text. This individual, as stated above, has a dual responsibility that requires both technical and managerial skills in two arenas. In this regard, this book provides the working professional a reference on both the environmental regulations and industry safety standards. Additionally, it covers management practices for on-site hazard materials handling operations and constitutes an important reference for establishing hazard communication and training programs for employees.
In this analysis of federal court cases relying upon the landmark Roe v. Wade decision, the author finds that the pro-life movement in the United States has suffered repeated losses in abortion litigation. Additionally, her research indicates that, despite claims to the contrary, the pro-life movement is a loose collection of underfunded and understaffed public interest organizations. The pro-choice forces are vastly more powerful in abortion litigation, have superior organization and financing, and include not only public interest groups but also private interests such as clinics and professional medical organizations. Divided into three parts, the study begins with a public law analysis of the progeny of Roe cases, examining those variables which appear to impact court decisions. Next the work examines political factors and litigation resources as variables in explaining court decisions. And finally, the work offers a descriptive analysis of abortion litigants which divides the groups into major categories and evaluates them in terms of their resources, longevity, and other such factors. This book will be of interest to those seriously interested in the political and legal ramifications of the abortion controversy.
Other People's Country thinks through the entangled objects of law - legislation, policies, institutions, treaties and so on - that 'govern' waters and that make bodies of water 'lawful' within settler colonial sites today. Informed by the theoretical interventions of cosmopolitics and political ecology, each opening up new approaches to questions of politics and 'the political', the chapters in this book locate these insights within material settler colonial 'places' rather than abstract structures of domination. A claim to water - whether by Indigenous peoples or settlers - is not simply a claim to a resource. It is a claim to knowledge and to the constitution of place and therefore, in the terms of Isabelle Stengers, to the continued constitution of the past, present and future of real worlds. Including contributions from the fields of anthropology, cultural studies, cultural geography, critical legal studies, and settler colonial studies, this collection not only engages with issues of law, water and entitlement in different national contexts - including Australia, Aotearoa/New Zealand, New Caledonia and the USA - but also from diverse disciplinary and institutional contexts. This book was originally published as a special issue of Settler Colonial Studies.
Dernbach and May have brought together a marvelous collection of essays that join two inseparable issues: shale gas and sustainability. Each of the 12 articles, written by important authors, together with an introduction and conclusion from Dernbach and May, offers insightful recommendations on how to explore shale gas around the globe in a sustainable way.' - Marcelo Dantas, Universidade do Vale do Itajai (UNIVALI), SC, BrazilThe rapid growth of shale gas development has led to an intense and polarizing debate about its merit. This book asks and suggests answers to the question that has not yet been systematically analysed: what laws and policies are needed to ensure that shale gas development helps to accelerate the transition to sustainability? In this groundbreaking book, more than a dozen experts in policy and academia assess the role that sustainability plays in decisions concerning shale gas development in the US and elsewhere, offering legal and policy recommendations for developing shale gas in a manner that accelerates the transition to sustainability. Contributors assess good practices from Pennsylvania to around the planet, discussing how these lessons translate to other jurisdictions. Ultimately, the book concludes that major changes in law and policy are needed to develop shale gas sustainably. Policymakers and educators alike will find this book to be a valuable resource, as it tackles the technical, social, economic and legal aspects associated with this sustainability issue. Other strengths are its clear language and middle-ground policy perspective that will make Shale Gas and the Future of Energy accessible to both students and the general public. Contributors: D.A. Brown, T. Daya-Winterbottom, J. Glazewski, B.D. Goldstein, P. Ko, B. Kolb, K.T. Kristl, J.A. 'Skip' Laitner, J. McElfish, J. Morgan, J.H. Quigley, P. Salkin, D.B. Spence, D. Stares, J. Ubinger, Jr., J. Williamson
Adverse effects of drugs are a constant source of medical problems but also of professional and legal confrontations. More than a quarter of all malpractice suits brought against physicians or other health professionals revolve around drug injury; for drug manufacturers, civil cases brought by patients are growing problem. Where conflicts do not reach the courts they are often the subject of settlements or of decisions taken by professional disciplinary councils. Uniguely, this book analysis and documents the responsibilities which all parties bear in law and ethics to render drug treatment as safe as it can be, and the liability whidh arises when injury is siffered. Special attention is devoted to the apportionment of liability, where faults may have been made by more than one party, and to the establishment of facts in a field where the evidence is likely to be heavily challenged. The pproach is global, since drugs, their makers and their users are much the same across the world; what is more systems of law and ethics have borrowed solutions from one another, while in some parts of the world - notably in consultations between the United States, Europe and Japan, medicinal policies and regulations are fast being harmonized. Contents: Six chapters in the book document the general medical and legal background to drug safewty and injury; seven set out the duties and liability of the parties concerned ranging from health professionals through governments and institutions to the patient himself. Eight chapters provide in-depth guidance on special issues including drug injury to the unborn child, vaccines, liability in alternative medicine and existing compensation schemes.
This book utilizes critical discourse analysis to illuminate the ways in which one of the largest agribusinesses in operation, Tyson Foods, disguises their actions whilst simultaneously presenting the image of a benign, good corporate citizen. Schally unveils how the discourses employed by Tyson gain legitimacy by drawing on and aligning with larger cultural discourses that are often taken for granted and not adequately scrutinised. This original research, situated at the intersection of green and cultural criminologies, contributes to these current perspectives as well as to the burgeoning social harm approach within criminology. A bold and engaging study, this book will be indispensable for students and scholars of green criminology, corporate crime, animals and society, and environmental sociology, as well as environmental and animal rights activists.
View the Table of Contents. Read Chapter 1. aJackson is at his best when exposing the connections of leading
racialists with former Nazi party members and Holocaust-denial
groups.a aA well-researched and well-argued book....Jackson underscored
the nexus of asciencea and arace, a probes the ademarcation between
science and politics, a and questions the very meaning of
aobjectivea scientific inquiry.a aScience for Segregation adds considerably to our understanding
of racist ideologies and their persistance in the post-war era. The
author has done an admirable job of covering a forgotten chapter in
the struggle over segregation and shedding light on how scientific
research can become highly politicized.a "This book asks if science can be divorced from politics. . . .
Recommended." aA fascinating and comprehensive look at a largely neglected
aspect of American history--the role of science and scientists in
supporting and sustaining white racist thought and institutions
during the battle over de-segregation. And like most good social
history, it does not require much strain to draw the relevance to
today's debates about the salience of biological taxonomies of
race.a aA very important book that explores the fuzzy zone between
science and pseudo-science, exposing the political action of
right-wing scientists in the 1950s and 1960s who argued for school
segregation on ostensibly scientific grounds. The role of science
as an authority in society has never been more evident than in the
work and rhetoric of these zealouslyracist scholars. This
well-researched book is a must-read for anyone interested in modern
debates over the study of human diversity or the role of science in
contemporary society.a aA deeply-researched, fascinating, and judicious assessment of
the ascientifica arguments that were marshaled against the Supreme
Courtas landmark school desegregation decision. Jackson has made a
contribution that will endure.a aJacksonas thorough research and a nuanced understanding of the
complexities of race and law provide a disturbing cadence to the
ongoing debate on race in America.a In this fascinating examination of the intriguing but understudied period following the landmark "Brown v. Board of Education" decision, John Jackson examines the scientific case aimed at dismantling the legislation. Offering a trenchant assessment of the so-called scientific evidence, Jackson focuses on the 1959 formation of the International Society for the Advancement of Ethnology and Eugenics (IAAEE), whose expressed function was to objectively investigate racial differences and publicize their findings. Notable figures included Carleton Putnam, Wesley Critz George, and Carleton Coon. In an attempt to link race, eugenics and intelligence, they launched legal challenges to the Brown ruling, each chronicled here, that went to trial but ultimately failed. The history Jackson presents speaks volumes about the legacy of racism, as we can see similar arguments alive and well today in such books as "The Bell Curve" and in otherdebates on race, science, and intelligence. With meticulous research and a nuanced understanding of the complexities of race and law, Jackson tells a disturbing tale about race in America.
This book brings together the findings of a multi-disciplinary and international research project on environmental crime in Europe, funded by the European Union (EU). "European Union Action to Fight Environmental Crime" (EFFACE) was a 40-month research project that included eleven European research institutions and think tanks and was led by Ecologic Institute Berlin. EFFACE assessed the impacts of environmental crime as well as effective and feasible policy options for combating it from a multidisciplinary perspective, with a focus on the EU. As part of this project, numerous instances of environmental crime within and outside of the EU were studied and are now presented in this volume. This edited collection is highly innovative in showing not only the many facets of environmental crime, but also how it should be conceptualised and the consequences. An original and rigorous study, this book will be of particular interest to policy makers and scholars of green criminology and environmental studies. |
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