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New Book: The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America, by Beth Lew-Williams

The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America, by Beth Lew-Williams. Harvard University Press 2018. ISBN 9780674976016

The American West erupted in anti-Chinese violence in 1885. Following the massacre of Chinese miners in Wyoming Territory, communities throughout California and the Pacific Northwest harassed, assaulted, and expelled thousands of Chinese immigrants. Beth Lew-Williams shows how American immigration policies incited this violence and how the violence, in turn, provoked new exclusionary policies. Ultimately, Lew-Williams argues, Chinese expulsion and exclusion produced the concept of the “alien” in modern America.

The Chinese Must Go begins in the 1850s, before federal border control established strict divisions between citizens and aliens. Across decades of felling trees and laying tracks in the American West, Chinese workers faced escalating racial conflict and unrest. In response, Congress passed the Chinese Restriction Act of 1882 and made its first attempt to bar immigrants based on race and class. When this unprecedented experiment in federal border control failed to slow Chinese migration, vigilantes attempted to take the matter into their own hands. Fearing the spread of mob violence, U.S. policymakers redoubled their efforts to keep the Chinese out, overhauling U.S. immigration law and transforming diplomatic relations with China.

By locating the origins of the modern American alien in this violent era, Lew-Williams recasts the significance of Chinese exclusion in U.S. history. As The Chinese Must Go makes clear, anti-Chinese law and violence continues to have consequences for today’s immigrants. The present resurgence of xenophobia builds mightily upon past fears of the “heathen Chinaman.”

Beth Lew-Williams is Assistant Professor of History at Princeton University.


“With scrupulous research and conceptual boldness, Lew-Williams applies the nuances of a ‘scalar’ lens to contrast anti-Chinese campaigns at local, regional, and national levels, producing a social history that significantly remakes the well-established chronology of Chinese exclusion by highlighting the role of anti-Chinese violence and vigilantism in advancing immigration controls on the Chinese from goals of restriction to exclusion.”—Madeline Y. Hsu, author of Asian American History: A Very Short Introduction

“The Chinese Must Go presents a powerful argument about racial violence that could not be more timely. It shows why nineteenth-century pogroms against the Chinese in the American West resonate today. White nationalists targeted Chinese immigrants as threats to their homes and jobs and blamed the American government for failing to seal the borders.”—Richard White, author of The Republic for Which It Stands: The United States during Reconstruction and the Gilded Age, 1865–1896

“Moving seamlessly from the local to the international, The Chinese Must Go offers a riveting, beautifully written new account of Chinese exclusion, one that foregrounds Chinese voices and experiences. A timely and important contribution to our understanding of immigration and the border.”—Karl Jacoby, Columbia University


Table of Contents

Introduction: The Violence of Exclusion
Part 1: Restriction
1. The Chinese Question
2. Experiments in Restriction
Part 2: Violence
3. The Banished
4. The People
5. The Loyal
Part 3: Exclusion
6. The Exclusion Consensus
7. Afterlives under Exclusion
Epilogue: The Modern American Alien
Appendix A: Sites of Anti-Chinese Expulsions and Attempted Expulsions, 1885–1887
Appendix B: Chinese Immigration to the United States, 1850–1904
Abbreviations
Notes
Acknowledgments
Index

New Book: Richard Posner. By William Domnarski

Richard Posner. By William Domnarski. Oxford University Press 2016. ISBN: 9780199332311; 0199332312.

  • The first biographical treatment of the enormously influential Judge Richard Posner
  • Author has unprecedented access to Posner, as well as a wealth of relevant interview subjects and material
  • Domnarski examines the life experience, personality, academic career, jurisprudence, and professional relationships of his subject with depth and clarity
  • A comprehensive and accessible account of a unique judge who has dominated the way law is understood in contemporary America

Richard PosnerJudge Richard Posner is one of the great legal minds of our age, on par with such generation-defining judges as Holmes, Hand, and Friendly. A judge on the U.S. Court of Appeals for the Seventh Circuit and the principal exponent of the enormously influential law and economics movement, he writes provocative books as a public intellectual, receives frequent media attention, and has been at the center of some very high-profile legal spats. He is also a member of an increasingly rare breed-judges who write their own opinions rather than delegating the work to clerks-and therefore we have unusually direct access to the workings of his mind and judicial philosophy.

New Book: Divergent Paths: The Academy and the Judiciary. By Richard A. Posner

Divergent Paths: The Academy and the Judiciary. By Richard A. Posner. Harvard University Press 2016. ISBN: 9780674286030; 0674286030.

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or at least narrow it.

The shortcomings of academic legal analysis are real, but they cannot disguise the fact that the modern judiciary has several serious deficiencies that academic research and teaching could help to solve or alleviate. In U.S. federal courts, which is the focus of Posner’s analysis of the judicial path, judges confront ever more difficult cases, many involving complex and arcane scientific and technological distinctions, yet continue to be wedded to legal traditions sometimes centuries old. Posner asks how legal education can be made less theory-driven and more compatible with the present and future demands of judging and lawyering.

New Book: Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United. By Zephyr Teachout

Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens UnitedZephyr Teachout, Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United, Harvard University Press 2014. ISBN 9780674050402. 384 pages

When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention.

For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy’s majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.

Francis Fukuyama: Political Order and Political Decay: From the Industrial Revolution to the Globalization of Democracy.

Francis Fukuyama: Political Order and Political Decay: From the Industrial Revolution to the Globalization of Democracy. Farrar, Straus and Giroux, 2014. ISBN: 0374227357; 9780374227357.

弗朗西斯·福山:《政治秩序与政治衰败:从工业革命到民主全球化》

Political Order and Political Decay: From the Industrial Revolution to the Globalization of DemocracyThe second volume of the bestselling landmark work on the history of the modern state

Writing in The Wall Street Journal, David Gress called Francis Fukuyama’s Origins of Political Order “magisterial in its learning and admirably immodest in its ambition.” In The New York Times Book Review, Michael Lind described the book as “a major achievement by one of the leading public intellectuals of our time.” And in The Washington Post, Gerard DeGrott exclaimed “this is a book that will be remembered. Bring on volume two.”

Volume two is finally here, completing the most important work of political thought in at least a generation. Taking up the essential question of how societies develop strong, impersonal, and accountable political institutions, Fukuyama follows the story from the French Revolution to the so-called Arab Spring and the deep dysfunctions of contemporary American politics. He examines the effects of corruption on governance, and why some societies have been successful at rooting it out. He explores the different legacies of colonialism in Latin America, Africa, and Asia, and offers a clear-eyed account of why some regions have thrived and developed more quickly than others. And he boldly reckons with the future of democracy in the face of a rising global middle class and entrenched political paralysis in the West.

New Book: Religion without God. By Ronald Dworkin

Religion without GodReligion without God. By Ronald Dworkin. (罗纳德·德沃金:《没有上帝的宗教》) Harvard University Press 2013. ISBN: 9780674726826, 0674726820.

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About This Book

In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person.

Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence.

Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.

New Book: The Classical Liberal Constitution: The Uncertain Quest for Limited Government. By Richard A. Epstein

The Classical Liberal Constitution: The Uncertain Quest for Limited Government.
By Richard A. Epstein.
Harvard University Press 2013.
ISBN: 9780674724891, 0674724895.

The Classical Liberal Constitution: The Uncertain Quest for Limited GovernmentAmerican liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports.

Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, the classical liberal tradition emphasized federalism, restricted government, separation of powers, property rights, and economic liberties. The most serious challenge to this tradition, Epstein contends, has come from New Deal progressives and their intellectual defenders. Unlike Thomas Paine, who saw government as a necessary evil at best, the progressives embraced government as a force for administering social good. The Supreme Court has unwisely ratified the progressive program by sustaining an ever-lengthening list of legislative programs at odds with the classical liberal Constitution.

Epstein’s carefully considered analysis addresses both halves of the constitutional enterprise: its structural safeguards against excessive government power and its protection of individual rights. He illuminates contemporary disputes ranging from presidential prerogatives to health care legislation, while reexamining such enduring topics as the institution of judicial review, the federal government’s role in regulating economic activity, freedom of speech and religion, and equal protection.

New Book: Legal Orientalism: China, the United States, and Modern Law. By Teemu Ruskola

Legal Orientalism: China, the United States, and Modern LawLegal Orientalism: China, the United States, and Modern Law(《法律东方主义:中国·美国·现代法律》). By Teemu Ruskola. Harvard University Press 2013. ISBN: 0674073061, 9780674073067.

Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day.

The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

New Book: The Roberts Court: The Struggle for the Constitution. By Marcia Coyle

The Roberts Court: The Struggle for the ConstitutionThe Roberts Court: The Struggle for the Constitution. By Marcia Coyle. Simon & Schuster 2013. ISBN: 1451627513; 9781451627510.

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The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr.

Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action.

Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority.

The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

New Book: Reflections on Judging. By Richard A. Posner

Reflections on Judging. By Richard A. Posner. Harvard University Press 2013. ISBN: 0674725085, 9780674725089

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Reflections on JudgingIn Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.

For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges—most notably Justice Antonin Scalia—needlessly complicate the legal process by advocating “canons of constructions” (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.


Review

“A deep and thought-provoking collection of insightful analyses of various aspects of being a judge, told from an insider’s perspective, but with appropriate and equally thoughtful caveats about the advantages and disadvantages of an insider’s account.”—Frederick Schauer, University of Virginia School of Law


Table of Contents

Introduction: A Judge on the Challenges to Judges
Two Kinds of Complexity
Extrajudicial Writing by Judges
Plan of the Book
Appendix: External versus Internal Complexity in Federal Adjudication

1. The Road to 219 South Dearborn Street
Education and Early Career
The Federal Judicial Appointment Process in 1981
Transition, and the Question of Initial Judicial Training

2. The Federal Judiciary Evolves
A Half-Century of Change
Input-Output, with Special Reference to the Supreme Court
Staff and Specialization in Relation to Rank

3. The Challenge of Complexity
Complexity Further Explained
Examples, Primarily from Criminal Law and Sentencing
The Impact of Technology
Judicial Insouciance about the Real
Specialization the Solution?
Internal Complexity: The Case of the Bluebook

4. Formalism and Realism in Appellate Decision Making
The Formalist Judge
The Realist Judge
Advice to New Appellate Judges

5. The Inadequate Appellate Record
Internet Research by Judges
Is a Word Really Worth a Thousand Pictures?

6. Coping Strategies for Appellate Judges I: Judicial Self-Restraint
Thayer and His Epigones
The Decline of Self-Restraint
The Rise of Constitutional Theory
Thayerism’s Death and Legacy

7. Coping Strategies for Appellate Judges II: Interpretation
The Spirit Killeth, but the Letter Giveth Life
Dreaming a Constitution
Opposites Attract and Repel
Realist Interpretation

8. Make It Simple, Make It New: Opinion Writing and Appellate Advocacy
The Signs of Bad Judicial Writing
The Writer Model versus the Manager Model
Management versus Managerialism
The Formalist Opinion
Rules of Good Opinion Writing
The Morris Opinion
Some Tips on Appellate Advocacy
Appendix: United States v. Morris (Original and Rewritten)

9. Forays into the District Court
Expert Witnesses and Trial by Jury: An Anecdotal Introduction
Party-Appointed and Court-Appointed Expert Witnesses
The Jury
Jury Trials in Patent Cases
Internet Research by Jurors
Other Issues
Appendix: Jury Instructions in Chamberlain v. Lear

10. What Can Be Done, Modestly?
Staffing
Initial Judicial Training
Continuing Judicial Education
The Widening Gap between Academia and the Judiciary
The Role of the Law Schools in Continuing Judicial Education
MOOCs to the Rescue?

Conclusion: Realism, the Path Forward
Acknowledgments
Index


Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

Freefall: America, Free Markets, and the Sinking of the World Economy. By Joseph E. Stiglitz

Freefall: America, Free Markets, and the Sinking of the World Economy, by Joseph E. Stiglitz. W. W. Norton & Company 2010.

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NYT: Skepticism for Obama’s Fiscal Policy

FreefallReview

Stiglitz’s view of the crisis describes a possible road—a better road—than the one taken by the Obama administration. And his book concludes with broader proposals for a better balance between market and civil society, domestically and globally. What makes Stiglitz special is that, along with Paul Krugman, he is the rare progressive in a profession whose norms resist tampering with the verdicts of markets or the power of private capital and also one of the few world-class technical economists who can write lucidly for a lay audience. The tone of this book is good-humored and public-minded. (Bob Kuttner – The American Prospect)

Product Description

Nobel Prize winner Joseph E. Stiglitz explains the current financial crisis—and the coming global economic order. The current global financial crisis carries a “made-in-America” label. In this forthright and incisive book, Nobel Laureate Joseph E. Stiglitz explains how America exported bad economics, bad policies, and bad behavior to the rest of the world, only to cobble together a haphazard and ineffective response when the markets finally seized up. Drawing on his academic expertise, his years spent shaping policy in the Clinton administration and at the World Bank, and his more recent role as head of a UN commission charged with reforming the global financial system, Stiglitz outlines a way forward building on ideas that he has championed his entire career: restoring the balance between markets and government, addressing the inequalities of the global financial system, and demanding more good ideas (and less ideology) from economists.

Freefall is an instant classic, combining an enthralling whodunit account of the current crisis with a bracing discussion of the broader economic issues at stake. .

New book: The Idea of Justice. By Amartya Sen

The Idea of JusticeAmartya Sen, The Idea of Justice, Harvard University Press, 2009.

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Review

The most important contribution to the subject since John Rawls’ A Theory of Justice. Sen argues that what we urgently need in our troubled world is not a theory of an ideally just state, but a theory that can yield judgments as to comparative justice, judgments that tell us when and why we are moving closer to or farther away from realizing justice in the present globalized world.
–Hilary Putnam, Harvard University

In lucid and vigorous prose, The Idea of Justice gives us a political philosophy that is dedicated to the reduction of injustice on Earth rather than to the creation of ideally just castles in the air. Amartya Sen brings political philosophy face to face with human aspiration and human deprivation in the real world, to whose improvement he has devoted his intellectual life.
–G. A. Cohen, University of Oxford

A major critical analysis and synthesis. Sen’s inclusive approach transcends the many important scholars and viewpoints that he analyzes. The Idea of Justice presents a set of considerations on justice of importance to both the academic community and to the world of policy formation.
–Kenneth Arrow, Nobel Laureate in Economics, Stanford University

Few contemporary thinkers have had as much direct impact on world affairs as Amartya Sen
–Philippe Van Parijs, Louvain University

In the courtliest of tones, Mr. Sen charges John Rawls, an American philosopher who died in 2002, with sending political thinkers up a tortuous blind alley. The Rawlsian project of trying to describe ideally just institutions is a distracting and ultimately fruitless way to think about social injustice, Mr. Sen complains. Such a spirited attack against possibly the most influential English-speaking political philosopher of the past 100 years will alone excite attention. The Idea of Justice serves also as a commanding summation of Mr. Sen’s own work on economic reasoning and on the elements and measurement of human well-being…Mr. Sen writes with dry wit, a feel for history and a relaxed cosmopolitanism…The Idea of Justice is a feast…Nobody can reasonably complain any longer that they do not see how the parts of Mr. Sen’s grand enterprise fit together…Mr. Sen ends, suitably, with democracy. It can take many institutional forms, he says. But none succeeds without open debate about values and principles. To that vital element in public reason, as he calls it, The Idea of Justice is a contribution of the highest rank.
The Economist

理查德·波斯纳:《国家大事》

An Affair of State: The Investigation, Impeachment, and Trial of President Clinton理查德·波斯纳:《国家大事》:

Richard A. Posner, An Affair of State: The Investigation, Impeachment, and Trial of President Clinton. (1999)

New York Times Book Review Editors’ Choice for Best Book of the Year, 1999.

Los Angeles Times Book Prize Finalist, 2000.

President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict.

In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran-Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.

Hardcover: 276 pages ; Dimensions (in inches): 0.96 x 9.42 x 6.35
Publisher: Harvard University Press; (September 1, 1999)
ISBN: 0674000803

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