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1258 found
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  1. Devil’s Advocates: On the Ethics of Unjust Legal Advocacy.Michael Huemer - manuscript
    I argue that it is morally wrong for a lawyer to pursue a legal outcome that he knows to be unjust, such as the acquittal of a guilty client or the triumph of the wrong side in a lawsuit.
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  2. Caselaw H V R: A Final Analysis.Sally Ramage - manuscript
    This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register for (...)
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  3. The Murder Trial of R V Vincent Tabak [2011].Sally S. Ramage - manuscript
    The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...)
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  4. Entrapment, Temptation and Virtue Testing.Attila Tanyi, Stephen K. McLeod & Daniel J. Hill - manuscript
    We address the ethics of scenarios in which one party (the ‘agent’) entraps, intentionally tempts, or intentionally tests the virtue of another (the ‘target’). We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of (mere) intentional temptation and of (mere) virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly (and concerning the extent to which the target is culpable). (...)
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  5. Truth in Perjury.Joanne Lau - manuscript
    of (from British Columbia Philosophy Graduate Conference) In moral reasoning, we sometimes encounter situations where what our ethical principles tell us to do and what we actually do conflict. In legal ethics, such anomalies arise for lawyers in defending a client who commits perjury. Wallace argues that such lawyers have not mastered the practice of truth-telling, and thus suffer from some sort of moral deficiency. However, due to the complexities of legal practice, particularly the value of truth and evidence, lawyers (...)
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  6. Young Lawyer of the Year.W. End-Of-LaW - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  7. The Labor Movements in Australia and New Zealand.David L. Glickman - forthcoming - Social Research.
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  8. What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - forthcoming - Journal of Ethics and Social Philosophy.
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  9. Young Lawyers Christmas Drinks.Farewell to Kate Hughes - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  10. Quehacer Fonoaudiológico En El Área Judicial.Esteban Camilo Gómez Izquierdo - forthcoming - Areté. Revista de Filosofía.
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  11. Set to Take Place From March 21-24, at the Glorious Queensland Gold Coast, LAWASIAdownunder2005 Will Undoubtedly Be the Leading Legal Conference for Asia and the Pacific in 2005. [REVIEW]Intellectual Property Law - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  12. Advertising Legal Services in NSW.Capital Lawyers, Daniel D. Steiner & Mr Daniel Steiner - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  13. Bioethical Reasoning in New Zealand & Australia.Drj Macer - forthcoming - Bioethics for the People by the People, Tsukuba, Eubios Ethics Institute.
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  14. The War on Cops. [REVIEW]McGregor Rafe - forthcoming - Journal of Applied Philosophy.
    The War on Cops is a collection of previously-published essays by Heather Mac Donald, a public intellectual in the United States who belongs to the ‘small faction’ of secular conservatives (Mark Oppenheimer, “A Place on the Right for a Few Godless Conservatives”, New York Times, February 18, 2011). The essays are journalistic rather than academic, having appeared in the City Journal, National Review, New York Daily News, InsideSources, Wall Street Journal, and Weekly Standard, but the volume is nonetheless significant to (...)
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  15. Reimagining the University. Tbc (ed.) - forthcoming
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  16. Autism Spectrum Condition, Good and Bad Motives of Offending, and Sentencing.Jukka Varelius - forthcoming - Neuroethics.
    It has been proposed that the ways in which the criminal justice system treats offenders with Autism spectrum condition should duly account for how the condition influences the offenders’ behavior. While the recommendation appears plausible, what adhering to it means in practice remains unclear. A central feature of ASC is seen to be that people with the condition have difficulties with understanding and reacting to the mental states of others in what are commonly considered as adequate ways. This article aims (...)
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  17. The Virtues of Economic Rescue Legislation: Distributive Justice, Civil Law, and the Troubled Asset Relief Program.Henry S. Kuo - 2021 - Moral Philosophy and Politics 8 (1):aop.
    This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...)
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  18. Regulating Marijuana Use in the United States: Moving Past the Gateway Hypothesis of Drug Use.Jason F. Arnold & Robert M. Sade - 2020 - Journal of Law, Medicine and Ethics 48 (2):275-278.
    Many studies have shown that marijuana can negatively affect the cognitive development of adolescents. For some individuals, marijuana use may also initiate opioid use, dose escalation, and opioid use disorder. States that legalize marijuana should help adolescents through regulation of advertising and availability of marijuana-infused edibles. Such policies may assist in protecting neurodevelopment of the adolescent and young adult brain. The federal government should also remove its prohibition of marijuana sales and use, leaving their regulation to state law-makers.
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  19. Is Litigation the Way to Combat the Opioid Crisis?Richard C. Ausness - 2020 - Journal of Law, Medicine and Ethics 48 (2):293-306.
    This paper examines the lawsuits brought by state and local government entities against prescription opioid producers and sellers. It examines their potential liability as well as some of the defenses they might raise. The paper also discusses multidistrict litigation and government lawsuits in state court. It concludes that litigation is not the best solution to the opioid crisis.
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  20. Google and Facebook Vs Rawls and Lao-Tzu: How Silicon Valley’s Utilitarianism and Confucianism Are Bad for Internet Ethics.Morten Bay - 2020 - AoIR 2020: The 21th Annual Conference of the Association of Internet Researchers.
    The proposed paper presents an argument in favor of a Rawlsian approach to ethics for Internet technology companies (den Hoven & Rooksby, 2008; Hoffman, 2017). Ethics statements from such companies are analyzed and shown to be utilitarian and teleological in nature, and therefore in opposition to Rawls’ theories of justice and fairness. The statements are also shown to have traits in common with Confucian virtue ethics (Ames, 2011; Nylan, 2008).
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  21. On Conditions That Compromise Autonomous Choice.Tom L. Beauchamp - 2020 - Journal of Law, Medicine and Ethics 48 (3):565-566.
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  22. Correction to: The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling.Karolina M. Cern, José Manuel Aroso Linhares & Bartosz Wojciechowski - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):17-17.
    In the original publication of the article, the paragraph beginning “We begin with two steps or lawyers…” should read as “We begin with two steps or layers privileging jurisdictio as potestas.
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  23. Reflection and Clinical Legal Education: How Do Students Learn About Their Ethical Duty to Contribute Towards Justice.Anna Cody - 2020 - Legal Ethics 23 (1-2):13-30.
    This article analyses teaching reflection skills as a means to inculcate students’ capacity to contribute to justice. Arising out of understandings of professionalism, the rule of law, as well as m...
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  24. Ethical Imperatives for Legal Educators to Promote Law Student Wellbeing.Nigel Duncan, Rachael Field & Caroline Strevens - 2020 - Legal Ethics 23 (1-2):65-88.
    There is currently a debate about resilience and wellbeing of law students and legal practitioners. Tension has developed between a movement promoting the wellbeing of students and those who critic...
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  25. Bar Exams, Legal Ethics and the Fight Against Corruption: Lessons From Brazil.Kim Economides & Joaquim Leonel de Rezende Alvim - 2020 - Legal Ethics 23 (1-2):31-47.
    In this article we explain the specific contribution of Bar exams to the professional socialisation of Brazilian lawyer leaders through examining their changing content, particularly the coverage o...
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  26. An Effective Intervention: Limiting Opioid Prescribing as a Means of Reducing Opioid Analgesic Misuse, and Overdose Deaths.Brandi C. Fink, Olivier Uyttebrouck & Richard S. Larson - 2020 - Journal of Law, Medicine and Ethics 48 (2):249-258.
    Overdose deaths involving prescription opioids killed more than 17,000 Americans in 2017, marking a five-fold increase since 1999. High prescribing rates of opioid analgesics have been a substantial contributor to prescription opioid misuse, dependence, overdose and heroin use. There was recognition approximately ten years ago that opioid prescribing patterns were contributing to this startling increase in negative opioid-related outcomes, and federal actions, including Medicare reimbursement reform and regulatory actions, were initiated to restrict opioid prescribing. The current manuscript is a description (...)
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  27. The Legal Consequences of Research Misconduct: False Investigators and Grant Proposals.Eric A. Fong, Allen W. Wilhite, Charles Hickman & Yeolan Lee - 2020 - Journal of Law, Medicine and Ethics 48 (2):331-339.
    In a survey on research misconduct, roughly 20% of the respondents admitted that they have submitted federal grant proposals that include scholars as research participants even though those scholars were not expected to contribute to the research effort. This manuscript argues that adding such false investigators is illegal, violating multiple federal statutes including the False Statements Act, the False Claims Act, and False, Fictitious, or Fraudulent Claims. Moreover, it is not only the offending academics and the false investigators that face (...)
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  28. Motives and Fiduciary Loyalty.Stephen R. Galoob & Ethan J. Leib - 2020 - American Journal of Jurisprudence 65 (1):41-63.
    : How, if at all, do motives matter to loyalty? We have argued that loyalty has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty in the fiduciary context. We contend that this counterargument depends on a flawed understanding of the significance of motive to loyalty. We defend a view of the importance of motivation to loyalty that we call the compatibility (...)
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  29. Should I Stay or Should I Go? A Bioethical Analysis of Healthcare Professionals' and Healthcare Institutions' Moral Obligations During Active Shooter Incidents in Hospitals — A Narrative Review of the Literature.Al Giwa, Andrew Milsten, Dorice Vieira, Chinwe Ogedegbe, Kristen Kelly & Abraham Schwab - 2020 - Journal of Law, Medicine and Ethics 48 (2):340-351.
    Active shooter incidents have unfortunately become a common occurrence the world over. There is no country, city, or venue that is safe from these tragedies, and healthcare institutions are no exception. Healthcare facilities have been the targets of active shooters over the last several decades, with increasing incidents occurring over the last decade. People who work in healthcare have a professional and moral obligation to help patients. As concerns about the possibility of such incidents increase, how should healthcare institutions and (...)
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  30. The Internal Limits on Fiduciary Loyalty.Andrew S. Gold - 2020 - American Journal of Jurisprudence 65 (1):65-82.
    : In the abstract, the limits on a lawyer’s loyalty obligations could take several forms. For example, constraints on a fiduciary’s loyalty obligations may be derived from a correct understanding of that fiduciary’s loyalty itself. Indeed, violations might count as a form of disloyalty to the client. Alternatively, such constraints could stem from obligations owed to parties other than a lawyer’s client, or even something more abstract like the rule of law. Notably, such constraints could be derived from legal principles (...)
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  31. The Future of DTC Genomics and the Law.Henry T. Greely - 2020 - Journal of Law, Medicine and Ethics 48 (1):151-160.
    Direct-to-Consumer genomics has been a controversial topic for over a decade. Much work has been done on the legal issues it raises. This article asks a different question: What will DTC genomics and its legal issues look like in ten to twenty years? After discussing the five current uses of DTC genomics, it describes three current legal issues: medical uses, privacy of genomic information, and privacy in collection and analysis of human DNA. It then suggests that changes in human genomics (...)
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  32. The Public Health Value of Opioid Litigation.Rebecca L. Haffajee - 2020 - Journal of Law, Medicine and Ethics 48 (2):279-292.
    Opioid litigation continues a growing public health litigation trend in which governments seek to hold companies responsible for population harms related to their products. The litigation can serve to address gaps in regulatory and legislative policymaking and in market self-regulation pervasive in the prescription opioid domain. Moreover, prior opioid settlements have satisfied civil tort litigation objectives of obtaining compensation for injured parties, deterring harmful behavior, and holding certain opioid manufacturers, distributors and pharmacies accountable for their actions. In this way, opioid (...)
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  33. Revisiting Legal Foundations of Crisis Standards of Care.James G. Hodge - 2020 - Journal of Law, Medicine and Ethics 48 (1):221-224.
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  34. Legal and Policy Interventions to Address Social Isolation.James G. Hodge, Erica N. White & Claudia M. Reeves - 2020 - Journal of Law, Medicine and Ethics 48 (2):360-364.
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  35. Practising Law for Rich and Poor People: Towards a More Progressive Approach.Allan C. Hutchinson - 2020 - Legal Ethics 23 (1-2):3-12.
    It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published. 1 By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or di...
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  36. Health Policy by Litigation.Katie Keith & Joel McElvain - 2020 - Journal of Law, Medicine and Ethics 48 (3):443-449.
    Since its enactment, the Affordable Care Act has faced numerous legal challenges. Many of these lawsuits have focused on implementation of the law and the limits of executive power. Opponents challenged the ACA under the Obama Administration while supporters have turned to the courts to prevent the Trump Administration from undermining the law. In the meantime, Congress remains gridlocked over the ACA and many other critical health policy issues, leaving the executive branch to adopt its preferred policy approach and ultimately (...)
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  37. Criminal Histories and Criminal Futures.Youngjae Lee - 2020 - Criminal Justice Ethics 39 (2):143-151.
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  38. The Complex Cancer Care Coverage Environment — What is the Role of Legislation? A Case Study From Massachusetts.Christine Leopold, Rebecca L. Haffajee, Christine Y. Lu & Anita K. Wagner - 2020 - Journal of Law, Medicine and Ethics 48 (3):538-551.
    Over the past decades, anti-cancer treatments have evolved rapidly from cytotoxic chemotherapies to targeted therapies including oral targeted medications and injectable immunooncology and cell therapies. New anti-cancer medications come to markets at increasingly high prices, and health insurance coverage is crucial for patient access to these therapies. State laws are intended to facilitate insurance coverage of anti-cancer therapies.Using Massachusetts as a case study, we identified five current cancer coverage state laws and interviewed experts on their perceptions of the relevance of (...)
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  39. De-Democratizing Criminal Law.Benjamin Levin - 2020 - Criminal Justice Ethics 39 (1):74-90.
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  40. There Oughta Be a Law: When Does(N’T) the U.S. Common Rule Apply?Michelle N. Meyer - 2020 - Journal of Law, Medicine and Ethics 48 (S1):60-73.
    Using mobile health research as an extended example, this article provides an overview of when the Common Rule “applies” to a variety of activities, what might be meant when one says that the Common Rule does or does not “apply,” the extent to which these different meanings of “apply” matter, and, when the Common Rule does apply, how it applies.
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  41. Unveräußerliche Rechte.Elias Moser - 2020 - Tübingen: Mohr Siebeck.
    Unveräußerliche Rechte kann man nicht freiwillig aufgeben oder übertragen. Nicht nur Grundrechte können unveräußerlich sein. Unser Rechtssystem schränkt auf unterschiedliche Weisen die Verfügung über gewisse Rechte ein. Weshalb dürfen aber die Rechtstragenden nicht darüber verfügen? Handelt es sich dabei nicht um eine ungerechtfertigte Einschränkung der Vertragsfreiheit oder der möglichen Einwilligung?
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  42. Decriminalization of Diverted Buprenorphine in Burlington, Vermont and Philadelphia: An Intervention to Reduce Opioid Overdose Deaths.Brandon del Pozo, Lawrence S. Krasner & Sarah F. George - 2020 - Journal of Law, Medicine and Ethics 48 (2):373-375.
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  43. Confronting Moral Obligations in an Active Shooter Incident: A Reminder to Focus on Prevention.Chana A. Sacks & Peter T. Masiakos - 2020 - Journal of Law, Medicine and Ethics 48 (2):352-353.
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  44. Lost in Anonymization — A Data Anonymization Reference Classification Merging Legal and Technical Considerations.Kerstin N. Vokinger, Daniel J. Stekhoven & Michael Krauthammer - 2020 - Journal of Law, Medicine and Ethics 48 (1):228-231.
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  45. Should Lawyers Be Loyal To Clients, the Law, or Both?W. Bradley Wendel - 2020 - American Journal of Jurisprudence 65 (1):19-39.
    : Loyalty is a central ideal in both legal ethics and fiduciary law, but recent theoretical approaches to legal ethics also emphasize the connection between the legal profession and the rule of law or democratic self-government. In order for lawyers to perform the role of securing relationships of mutual respect among citizens of a political community, the requirement of single-minded, partisan loyalty to clients may need to be relaxed. Fidelity to law may be in tension with fidelity to clients. This (...)
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  46. Introduction: The Crucial Role of Law in Supporting Successful Translation of Genomics Into Clinical Care.Susan M. Wolf, Ellen Wright Clayton & Frances Lawrenz - 2020 - Journal of Law, Medicine and Ethics 48 (1):7-10.
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  47. Loyalty and Disclosure in Legal Ethics.Benjamin C. Zipursky - 2020 - American Journal of Jurisprudence 65 (1):83-107.
    : As fiduciaries, lawyers owe duties of loyalty to their clients, and such duties are widely understood to entail strong duties of confidentiality. This article addresses the question of whether loyalty-based duties of confidentiality preclude the legal system from imposing on lawyers duties to disclose that their clients have been engaging in financial fraud. It distinguishes two possible bases for such duties of disclosure: alleged duties of care to investors who will suffer financial harm if these frauds are not revealed, (...)
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  48. Governance Gone Wrong: Examining Self-Regulation of the Legal Profession.Anita Indira Anand - 2019 - Legal Ethics 21 (2):99-118.
    ABSTRACTEngland and Australia have abandoned self-regulation of the legal profession, yet Canadian law societies continue to function on this basis. This article argues that the self-regulatory mod...
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  49. New Purposes and Goals of Ecological and Legal Culture Development in Russia.A. P. Anisimov - 2019 - Ethics in Science and Environmental Politics 19:13-19.
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  50. Lawyers, Mental Illness, Admission and Misconduct.Paula Baron & Lillian Corbin - 2019 - Legal Ethics 22 (1-2):28-48.
    ABSTRACTSince 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines...
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