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Recent (2014–15) and Forthcoming Other Forms of Output

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2015

J Goudkamp, 'A Revolution in Duty of Care?' (2015) Law Quarterly Review   [Case Note]

J Goudkamp, 'Apportionment of Damages for Contributory Negligence: Appellate Review, Relative Blameworthiness and Causal Potency' (2015) Edinburgh Law Review   [Case Note]

L Ferguson, 'Case Comment on S v S [2014] EWHC 7 (Fam): 'Arbitral Awards: A Magnetic Factor of Determinative Importance, Yet Not To Be Rubber-Stamped'' (2015) 35 Journal of Social Welfare and Family Law 99   [Case Note]

N B Cohen and others, 'Commentary on the Hague Principles on Choice of Law in International Commercial Contracts' (2015)

A Dickinson and G Saumier, 'Commentary on the Hague Principles on Choice of Law in International Commercial Contracts, Art 11 (Overriding mandatory rules an public policy)' (2015)

T Khaitan and F Ahmed, 'Constitutional Avoidance in Social Rights Adjudication' (2015) Oxford Journal of Legal Studies   [Review] (forthcoming) [...]

In Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication. We argue that while King’s prescriptions are justified, he is too cautious about the applicability of his incrementalist prescriptions to legal systems that suffer systemic administrative inefficiencies. Using the Indian experience as a case study, we show that such caution is misplaced, and that at least one of King’s incrementalist strategies, constitutional avoidance, has particular salience for such jurisdictions.


N. W. Barber, 'Constitutionalism: Negative and Positive ' (2015) Oxford Legal Studies Research paper

W E Peel, 'Desideratum or principle: the compensatory principle revisited' (2015) 131 Law Quarterly Review 29   [Case Note] [...]

A note of the decision of Teare J. in The Glory Wealth on the extent to which the courts, when assessing damages for breach of contract, may take into account post-termination evidence that the claimant would not have been able to perform his future obligations.


P S Davies, 'Gain-based remedies for dishonest assistance' (2015) LQR   [Case Note] (forthcoming)

Mimi Zou and J Goudkamp, 'Hounga v Allen' (2015) 29 Journal of Immigration, Asylum and Nationality Law 56   [Case Note]

A Dickinson, 'Once Bitten - Mutual Distrust in European Private International Law (The Alexandros T)' (2015) 131 Law Quarterly Review 186   [Case Note]

S Douglas-Scott, 'Opinion 2/13 and the elephant in the room: a reply to Daniel Halberstam' (2015) Verfassungsblog

L Ferguson and N Webber, 'School Exclusion and the Law: A Literature Review and Scoping Survey of Practice ' (University of Oxford 2015)

J J W Herring, 'Social inequality and the law' (2015)

A Ezrachi, 'Sponge' (2015) [...]

A look at the international competition law landscape reveals consensus as to the main goals of competition law. Indeed, core economic reasoning and market analysis serve as the backbone to competition analysis and support assimilation of thought and policy worldwide. Orbiting that core, one may identify a wider, heterogeneous, range of policies advanced by competition regimes. These policies are sometimes viewed as external to the pure competition analysis and, as such, may be regarded as illegitimate. Overall, the ‘in’ and ‘out’ methodology presupposes the presence of a legal and analytical structure which defines competition law and to which jurisdictions are expected to align. This paper explores that proposition. It considers the inherent properties of the law and questions the presence of a clear dividing line between competition law and external considerations. It argues that the law, by its nature, provides for an absorbent and flexible platform which soaks up national values and interests. Accordingly, the inherent scope and nature of modern competition laws are not necessarily as consistent and objective as one might like them to be.


J Goudkamp and Mimi Zou, 'The Defence of Illegality in Tort: Beyond Judicial Redemption?' (2015) 74 Cambridge Law Journal 13   [Case Note]

J Prassl, 'The Employment Impact of Private Equity Investors: A Return of the Barbarians?' (2015) 44 ILJ 150   [Review]

L Green, 'The Forces of Law: Duty, Coercion and Power' (2015) Oxford Legal Studies Research Paper [...]

This paper addresses the question of the relationship between law and coercive force. It defends, against Frederick Schauer’s claims in his book, The Force of Law, the following propositions: (a) the force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. (b) Even if coercion is not part of the concept of law, coercion is connected to law in a variety of ways. These are amply recognized in contemporary jurisprudence. (c) We cannot determine how important coercion is to the efficacy of law until we know what counts as coercive force. This question is not a matter for empirical generalization or bare stipulation. It requires an explanation of the concept of coercion.


J Prassl, 'The Lisbon Treaty and Social Europe, edited by Niklas Bruun, Klaus Lörcher and Isabelle Schömann. (Oxford: Hart Publishing, 2012)' (2015) 52 CMLRev 310   [Review]

S Douglas-Scott and Dr Eve Hepburn, 'The permanence issue: symbolism or power' (2015) Written Evidence to the Scottish Parliament on the Scotland clauses

P Eleftheriadis, 'The Problem with Greece (and with Europe)' (2015) Political Quarterly   [Review]

A Adams, M Freedland and J Prassl, 'The \"Zero-Hours Contract\": Regulating Casual Work, or Legitimating Precarity?' (2015) Oxford Legal Studies Research Paper 00/2015 | ELLN Research Paper 05/2015 [...]

Zero-Hours Contracts have become one of the most high-profile employment law issues of recent years. In this article, we analyse the legal and empirical evidence of work under Zero-Hours arrangements and suggest that whilst a legal engagement with Zero-Hours Contracts as an unresolved labour market problem is long overdue, the current discourse surrounding these work arrangements is fundamentally flawed: there is no such thing as the Zero-Hours Contract as a singular category; the label serves as no more than a convenient shorthand for masking the explosive growth of precarious work for a highly fragmented workforce. Ongoing attempts at regulating Zero-Hours Contracts thus constitute a significant shift towards the normalisation of all but the most extreme forms of abusive employment arrangements, leaving a rapidly increasing number of workers without recourse to employment protective norms. In concluding, we indicate ways towards a more coherent approach to the de-normalisation and progressive regulation of this large and growing set of casual work arrangements. Also published as ELLN Research Paper 05/2015 at http://www.labourlawnetwork.eu/frontend/file.php?id=769&dl=1 (ISSN 2197-1102)


ISBN: ISSN 2197-1102

S Douglas-Scott, 'Would the United Kingdom survive an exit from the EU?' (2015)

2014

S Douglas-Scott, ' Why the EU should welcome an independent Scotland' (2014) UK Constitutional law blog

J J W Herring and Janet Bettel, '"With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage' (2014) Family Law Week [...]

This article considers whether you can marry a robot.


P Eleftheriadis, ''High Speed Constitutional Reconstruction'' (2014) Solicitors Journal   [Case Note] [...]

The HS2 ruling will restart debates about the fundamental principles of public law. The hierarchy between deeper constitutional principles and ordinary laws is now part of the constitution.


N. W. Barber, 'After the Vote: If Scotland Votes Yes' (2014) United Kingdom Constitutional Law Blog

N. W. Barber, 'After the Vote: Regulating Future Independence Referendums ' (2014) United Kingdom Constitutional Law Blog

N. W. Barber, 'After the Vote: The Citizenship Question ' (2014) United Kingdom Constitutional Law Blog

S Douglas-Scott, 'An independent Scotland in the EU' (2014) Politics in Spires, Future of UK and Scotland

G Loutzenhiser, 'Beneficial Ownership: Recent Trends' [2014] 5 British Tax Review 676   [Review]

E Hudson, 'Book review: Maurizio Borghi and Stavroula Karapapa, Copyright and Mass Digitization (Oxford University Press, 2013)' (2014) 36 European Intellectual Property Review 72   [Review]

S Douglas-Scott, 'British Withdrawal from the EU: an Existential Threat to the United Kingdom?' (2014) Scottish Constitutional Futures, UK Constitutional Law Blog

S Douglas-Scott, 'Building a New State in 21st century Europe' (2014) Building a new state in 21st cenury Europe (conference, Barcelona 31/10.2014)

A Tzanakopoulos, 'Challenging (Some) Stereotypes and the DNA of (International) Law' (2014) EJIL: Talk! [...]

A brief comment on Karen Alter's 'New Terrain of International Law'.


E Descheemaeker, 'Challenging Heterodoxy: Tort Law Defences', paper presented at Melbourne Law School (23 April 2014)

Miles Jackson, Tamas Szigeti and L Lazarus, 'Comparative Hate Crime' (2014) [...]

This research report offers a comparative analysis of the application of hate crime laws to victims who belong to non-disadvantaged or majority groups in the surveyed jurisdictions. The report was commissioned by by the Hungarian Civil Liberties Union (HCLU), a Budapest-based human rights and civil liberties NGO.


J Prassl, 'Compensation for Delayed Rail Journeys: EU Passenger Rights on Track. Case C-509/11 ÖBB Personenverkehr AG' (2014) 4 Transportrecht 158   [Case Note]

L Enriques and M. Gatti, 'Creeping Acquisitions in Europe: Enabling Companies to Be Better Safe than Sorry' (2014) European Corporate Governance Institute (ECGI) - Law Working Paper

J Vidmar, 'Crimea’s Referendum and Secession: Why it Resembles Northern Cyprus More than Kosovo' (2014) EJIL Talk!

S Steel, 'Defining Causal Counterfactuals in Negligence' (2014) 130 LQR 564   [Case Note]

G S Goodwin-Gill, 'Deprivation of Citizenship resulting in Statelessness and its Implications in International Law: Further Comments' (2014) Statelessness and International Law

G S Goodwin-Gill, 'Deprivation of Citizenship resulting in Statelessness and its Implications in International Law: Opinion' (2014) Statelessness and International Law

G S Goodwin-Gill, 'Deprivation of Citizenship, Statelessness and International Law: More Authority (if it were needed...)' (2014) Statelessness and International Law

P Davies, 'Efficiency Arguments for the Collective Representation of Workers' (2014) Oxford Legal Studies Research Paper No. 66/2014 [...]

The dominant agency-cost paradigm for the analysis of corporate law is based on the proposition that the welfare of society is best met by rules which minimise the costs of production through the corporate form. This is typically interpreted to mean that the agency costs of shareholders should be minimised, so as to reduce the company’s cost of capital. However, it is clear that the agency cost analysis admits of the theoretical possibility that a company’s overall costs of production might be minimised even in the presence of sub-optimal rules relating to the cost of capital if those additional capital costs were outweighed by a greater reduction in the costs of contracting for other inputs necessary for the company’s productive activities. It has often been asserted that this situation obtains in relation to labour inputs. This essay seeks to establish the basis on which this argument might be formulated, dealing in particular with the proposition that employees can obtain full protection for their exchange relationship through contracting with the company. It then considers what empirical evidence is available about the production costs of companies in systems with high levels of mandatory employee involvement in decision-making. It focuses in particular on the tripartite system of employee representation in Germany – board representation, works councils and collective bargaining. Finally, it speculates about the conditions under which high levels of employee involvement might reduce a company’s overall costs of production or, by contrast, might increase those costs.


G S Goodwin-Gill, 'Foreword' (2014) Newcastle upon Tyne: Cambridge Scholars Publishing vii

Alex Leveringhaus and G. Giacca, 'From “Killer Robots” to Military Enhancement: Ethics, law, and design for robotic weapons systems' (2014) Oxford Martin School policy paper

Stephen Dimelow and others, 'High Speed Rail, Europe and the Constitution' (2014) 73 Cambridge Law Journal 234   [Case Note] [...]

Case Comment on HS2.


J Freedman and John Vella, 'HMRC's Relationship with Business' (2014)

D P Nolan, 'Horrifying Events and Their Consequences: Clarifying the Operation of the Alcock Criteria' (2014) 30 Journal of Professional Negligence 176   [Case Note]

S Douglas-Scott, 'House of Commons European Scrutiny Committee The application of the EU Charter of Fundamental Rights in the UK: a state of confusion contribution of oral and written evidence Forty-third Report of Session 2013–14' (2014)

S Douglas-Scott, 'How easily could an independent Scotland join the EU?' (2014) Oxford Legal Research Paper Series

N. W. Barber, 'If Scotland Had Voted Yes...' (2014) United Kingdom Constitutional Law Blog

S J Bright and Dr L Whitehouse, 'Information, Advice and Representation in Housing Possession Cases' ( 1 2014) [...]

The research for this report was conducted using research methods including legal analysis; interviewing decision-makers involved in housing possession cases and observing court possession days. The initial research aim was to evaluate the extent to which non-financial considerations (such as the welfare of children, exacerbation of health problems, loss of community networks, etc.) are taken into account in possession cases. Surveys were conducted to obtain detailed information about case management and the legal process of possession including the amount of advice and support available to defendants at court premises. In the full report suggestions for improvement are made, including a review of court forms, changes to the use made of the rent and mortgage pre-action protocols, and that consideration should be given to whether the adoption of a less formal process would improve attendance rates whilst reducing demands on the judiciary and other court resources.


E Descheemaeker, 'Injured Feelings and the Law of Torts', paper presented at Conference on “La compensation en common law”, Université de Montréal (21 March 2014)

G S Goodwin-Gill, 'Introductory Note: Bundesrepublik Deutschland v Kaveh Puid (Case C-4/11), Court of Justice of the European Union, Grand Chamber, 14 November 2013' (2014) 53 American Society of International Law: International Legal Materials   [Case Note]

J Pila, 'Isolated human genes: the patent equivalent of a non-copyrightable sound recording' (2014) Law Quarterly Review   [Case Note]

L Green, 'Law and the Role ofa Judge' (2014) Oxford Legal Studies Research Paper [...]

This paper argues that role of a judge consists of obligations to apply the law, obligations to improve the law, and obligations to protect the law. It defends this view against a competing suggestion by Michael Moore, who claims that, when acting judicially, judges are always obligated to apply the law, and the law alone. I argue that this depends on an incorrect view of the relationship between social roles and moral obligations, and an unacceptably capacious view of what the law is. I conclude by asking whether there nonetheless room to make a ‘conceptual choice’ to see law as Moore thinks of it, or a reason to reform the concept of law along such lines. I reject both ideas. There are fewer ‘conceptual choices’ in jurisprudence than some people think.


N E Stavropoulos, 'Legal Interpretivism' (2014) Stanford Encyclopedia of Philosophy

J Prassl and B Jones, 'Les tribunaux du travail au Royaume-Uni: une évolution très politique' (2014) Metis

P S Davies, 'Limitation in Equity' (2014) LMCLQ 313   [Case Note]

J Prassl, 'Members, Partners, Employees, Workers? Partnership Law and Employment Status revisited. Clyde & Co LLP v Bates van Winkelhof' (2014) 43 ILJ 495   [Case Note]

J Prassl, 'Montreal Convention Exclusivity and EU Passenger Rights: “Exposing a Grave Injustice” Stott v Thomas Cook' (2014) LQR 538   [Case Note]

G S Goodwin-Gill, 'Mr Al-Jedda, Deprivation of Citizenship, and International Law' (2014) Statelessness and International Law

M Chen-Wishart, 'Not so fast please! Abolition of consideration for contract modifications' (2014) New Zealand Law Journal   [Case Note]

S Douglas-Scott, 'Opinion 2/13 on EU accession to the ECHR: a Christmas bombshell from the ECJ' (2014) UK Constitutional Law blog

G Loutzenhiser, 'Panel Chair: Non-financial remuneration and costs associated with working', paper presented at Institute for Fiscal Studies 2014 Residential Conference

I Loader, 'Police Scandal and Reform?: Can we Break out of More of the Same?' (2014) Left Foot Forward

F Baetens, M Milanovic and A Tzanakopoulos, 'Présentation' (2014) A Pellet, Le droit international entre souveraineté et communauté, Pedone 3 [...]

Abstract: This is a presentation/preface to Alain Pellet's publication of a selection of his most important works.

ISBN: 978-2-233-00711-7

J Armour and others, 'Principles of Financial Regulation' (2014) SSRN [...]

Abstract: Inadequate regulation of the financial system is widely thought to have contributed to the financial crisis. The purpose of the book is to articulate a framework within which financial regulation can be analysed in a coherent and comprehensive fashion. The book’s approach is distinctive in several respects. First, it views the subject from a multidisciplinary perspective of economics, finance and law. Second, it takes a holistic approach, starting from the premise that financial regulation is best understood in the context of an appreciation of the entire financial system. Third it is international and comparative in nature, contrasting approaches, in particular in the EU and US. The book focuses on underlying policies and the objectives of regulation, using specific regulatory measures as examples. This allows the reader to compare choices in respect of the same policy issue in different regulatory frameworks. This introductory chapter sets out the motivation for the project and outlines the book’s analytic framework and contents.


K Laird, 'R v Golding ' (2014) Crim LR 686   [Case Note]

E Descheemaeker, 'Re-conceptualising Defences in the Law of Defamation', paper presented at Defamation and Privacy: Comparative Law, Media and Public Speech, Conference of the Centre for Media and Communications Law, University of Melbourne (23 April 2014)

E Descheemaeker, 'Re-conceptualising Defences in the Law of Defamation', paper presented at University of New South Wales (14 April 2014)

Eirik Bjorge, Vrinda Bhandari, Eleanor Mitchell, Kate Mitchell and L Lazarus, 'Remedies and procedures on the right to anyone deprived of their liberty by arrest or detention to bring proceedings before a court' (2014) [...]

This is a report prepared by Oxford Pro Bono Publico (‘OPBP’) for the United Nations Special Rapporteur on Arbitrary Detention. The Special Rapporteur has been tasked by the United Nations Human Rights Council with preparing a set of principles and guidelines on ‘remedies and procedures on the right of anyone deprived of his or her liberty by arrest or detention to bring proceedings before a court’.


E Descheemaeker, 'Rethinking Fair Comment', paper presented at Workshop on “Recent Developments in the Law of Defamation: A Comparative Perspective”, University of Edinburgh (10 June 2014)

L Gullifer, 'Review of Australian Personal Property Securities Law, Antony Duggan and David Brown ' (2014) 29 Butterworths Journal of International Banking and Financial Law   [Review] (forthcoming)

S Steel, 'Review of D Nolan & A Robertson (eds) "Rights and Private Law" ' (2014) 73 CLJ 466   [Review]

L Gullifer, 'Review of Pierre-Henri Conac, Ulrich Segna and Luc Thévenoz (Eds.), Intermediated Securities. The Impact of the Geneva Securities Convention and the Future European Legislation' (2014) 51 Common Market Law Review   [Review] (forthcoming)

S Steel, 'Review of R Keown & R George (eds) "Reason, Morality and Law" ' (2014) 130 LQR 348   [Review]

E Descheemaeker, 'Review of Solène Rowan, Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance' (2014) 113 Revue trimestrielle de droit civil 231   [Review]

J Freedman and Glen Loutzenhiser, 'Samadian v HMRC: deductibility of travel expenses when working from home' [2014] British Tax Review 248   [Case Note]

S Douglas-Scott, 'Scotland and the EU: Eleventh hour thoughts on a contested subject ' (2014) Verfassungsblog

J Vidmar, 'Scotland’s independence referendum, citizenship and residence rights: Identifying ‘the people’ and some implications of Kuric v Slovenia' (2014) EUDO Observatory on Citizenship

J Vidmar, 'Scottish Independence Insta-Symposium: Scotland’s Secession from the EU' (2014) Opinio Juris

A Dickinson, 'Service abroad - an inconvenient obstacle? Abela v Baadarani [2013] UKSC 44' (2014) 130 Law Quarterly Review 197   [Case Note]

S Douglas-Scott, 'The Application of the EU Charter of Fundamental Rights in the UK, evidence to UK House of Commons European Scrutiny Committee, January 2014' (2014)

A Ezrachi and Maurice E. Stucke, 'The curious case of competition and quality ' (2014) [...]

A central mantra of competition policy is that competitive market forces, besides lowering prices, can increase efficiency, product quality, the level of services, the number of choices, and ultimately consumers’ welfare. Indeed, the antitrust community generally accepts a relationship between greater competition and lower prices and uses the latter as the prime metric in assessing competitive behavior and the effects on consumer welfare. Alongside the consideration of price, competition authorities recognize that quality can be as, if not more, important in some markets. But as competition authorities also recognize, identifying the dimensions of competition important to many consumers is difficult. Even when these dimensions of quality are identified, measuring them represents additional challenges. To circumvent these challenges, competition authorities rely on several heuristics when assessing a merger’s, cartel’s or monopolistic restraint’s impact on quality. One heuristic is that more competition will generally increase quality for a given price or reduce price for a given level of quality. A second heuristic is that when prices and quality vary, consumers will weigh the offerings using an internal price-quality metric. Price adjusts for quality, and consumers rely on the heuristic “you get what you pay for.” Often the heuristics work well for the competition authorities. However, at times, market realities are more complex and these heuristics fail to reflect the relationship between competition and quality. In this paper we focus on these instances in which the positive correlation between competition and quality breaks down. We explore two necessary, but not sufficient, variables, which affect that correlation. The first relates to the consumers’ limited ability to accurately assess quality differences. The second concerns imperfect information flows that make it difficult or costly to convey to consumers the products’ or services’ inherent quality differences. Companies recognize that neither they nor their competitors can easily or inexpensively convey to consumers the inherent quality differences in their and their competitors’ product offerings. With these variables in mind, we consider instances when an increase in competition will not increase quality (when one would expect it should) and when competition is inversely correlated with quality, and its increase would lead to quality degradation. Importantly, we do not posit a normative argument: namely that consumers are choosing poor quality goods and services (e.g., reality television shows) when they should be demanding higher quality fare (e.g., investigative news programs). Nor do we posit a social welfare argument, namely competition involving status goods (where price may correlate more with conspicuous consumption than quality), which increases envy to the detriment of overall well-being. Our assumption is that while different customers have different desires and seek a range of quality, many customers for certain goods and services desire a similar specific dimension of quality. Our focus is on the ability of the competitive process to deliver that desired quality attribute.


G S Goodwin-Gill, 'The Globalization of High Seas Interdiction – Sale’s Legacy and Beyond: Part 1' , paper presented at Yale Law School 'Sale' Symposium

G S Goodwin-Gill, 'The Globalization of High Seas Interdiction – Sale’s Legacy and Beyond: Part 2' , paper presented at Yale Law School 'Sale' Symposium

D P Nolan, 'The Liability of Public Authorities for Omissions Revisited' (2014) 130 Law Quarterly Review 21   [Case Note]

S Douglas-Scott, 'The Smith Commision Report and the Constitution' (2014) Democratic Audit

A Tzanakopoulos, 'The Tories and the ECHR: Mere Incompetence or Deliberate Deception?' (2014) EJIL: Talk! [...]

A short comment on the international law aspects of the UK Conservative Party paper that proposes scrapping the Human Rights Act 1998.


R George, 'The Veil of Incorporation and Post-Divorce Financial Remedies' (2014) Law Quarterly Review (forthcoming)   [Case Note]

G Loutzenhiser, 'Tiley, Tax and Family', paper presented at Society of Legal Scholars 2014 Annual Conference in Nottingham

A Dickinson, 'Towards an agreement on the concept of "contract" in EU private international law (Brogsitter v Fabrication de Montres Normandes)' [2014] Lloyd's Maritime and Commercial Law Quarterly 466   [Case Note]

W E Peel, 'Unjustified penalties or an unjustified rule against penalties' (2014) 130 Law Quarterly Review 365   [Case Note] [...]

A case note on the decision of the Court of Appeal in El Makdessi v Cavendish Square Holdings BV [2013] EWCA Civ 1539


ISBN: 0023-933X

E Descheemaeker, 'Vie et mort de l’action d’injures en droit français [The Life and Death of the actio iniuriarum in French Law]', paper presented at Centre Aquitain d’Histoire du Droit, Université de Bordeaux (4 June 2014)

T Adams, 'Wade's Factortame' (2014) United Kingdom Constitutional Law Blog

E Drummond, 'Whose will is it anyway?' (2014) The Conveyancer and Property Lawyer 357   [Case Note] [...]

Analyses the decision of the Supreme Court in Marley v Rawlings [2014] UKSC 2.


S Douglas-Scott, 'Why the UK Should Embrace the EU Charter of Fundamental Rights' (2014) Oxford Human Rights Hub

E Stamou, A Edwards, H Daniels and L Ferguson, 'Young People At Risk of Drop-Out from Education: Recognising and Responding to Their Needs' (University of Oxford 2014)

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