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Forecasting the How and Why of Corporate Crime's Demise, Miriam H. Baer Faculty Scholarship
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How Discretionary Decision-Making Impacts the Financial Performance and Legal Disclosures of S&P 500 Funds, Bernard S. Sharfman, Vincent Deluard Brooklyn Law Review
Third Time’s the Charm: Remedying the Lack of Uniformity and Predictability in Trade Secret Law, Matthew D. Kasner Brooklyn Law Review
Fit for Its Ordinary Purpose: Implied Warranties and Common Law Duties for Consumer Finance Contracts, Edward J. Janger, Susan Block-Lieb Faculty Scholarship
Full of Questions and Wonder: Roberta Karmel's Legacy, Alan R. Palmiter Brooklyn Journal of Corporate, Financial & Commercial Law
“The EU Challenge to the SEC”: A View from 2021, Howell E. Jackson Brooklyn Journal of Corporate, Financial & Commercial Law
Roberta Karmel and the "Brooklyn School", Edward J. Janger Brooklyn Journal of Corporate, Financial & Commercial Law
LET'S STOP PLAYING GAMES: WHY BETTER CONGRESSIONAL INTERACTION IS REQUIRED TO PROTECT YOUNG GAMERS, Dominick Tarantino Brooklyn Journal of Corporate, Financial & Commercial Law
REDUCING CONFLICTS OF INTEREST: A "GLASS-STEAGALL" SPLIT OF ADVISORY AND CONSULTING SERVICES OF PROXY ADVISORY FIRMS, Austin Manna Brooklyn Journal of Corporate, Financial & Commercial Law
QUALIFIED OPPORTUNITY FUNDS: PRIVATE EQUITY EXEMPTIONS FROM PUBLIC RESPONSIBILITY, Audrey E. Abate Brooklyn Journal of Corporate, Financial & Commercial Law
PROXY ADVISORS AS ISSUE SPOTTERS, Douglas Sarro Brooklyn Journal of Corporate, Financial & Commercial Law
A REJECTION OF ABSOLUTIST DUTIES AS A BARRIER TO CREDITOR PROTECTION: FACILITATING DIRECTORIAL DECISIVNESS SURROUNDING INSOLVENCY THROUGH THE BUSINESS JUDGMENT RULE, Philip Gavin Brooklyn Journal of Corporate, Financial & Commercial Law
TELLING THE STORY ON YOUR TIMESHEETS: A FEE EXAMINER'S TIPS FOR CREDITORS' LAWYERS AND BANKRUPTCY ESTATE PROFESSIONALS, Nancy B. Rapoport Brooklyn Journal of Corporate, Financial & Commercial Law
Follow-up Enforcement, Andrew K. Jennings Faculty Scholarship
Pernicious Loyalty, Andrew S. Gold Faculty Scholarship
The Professionalization of Compliance: Its Progress, Impediments, and Outcomes, James A. Fanto Faculty Scholarship
Looking Forward: Professor Roberta Karmel's Prescient Views on the Transformation of Self-Regulatory Organizations and of the Securities Market Structure at the Turn of the Last Century, James Fanto Faculty Scholarship
Symposium Introduction: A Tribute to Roberta Karmel, James Fanto Faculty Scholarship
DOOR SHUT AND EARS PLUGGED: HOW CONSUMER REPORTING CASTS IDENTITY THEFT VICTIMS OUT OF FINANCIAL SOCIETY AND HOW THE LAW CAN BE HARMONIZED TO BRING THEM BACK IN, Ryan Bolger Brooklyn Journal of Corporate, Financial & Commercial Law
THE REVOLUTION OF THE COMMERCIAL SPACE INDUSTRY: WHY CURRENT LAWS MUST BE REPLACED BEFORE AMERICAN BUSINESS EXPANDS TO THE MOON AND BEYOND, Drew M. Fryhoff Brooklyn Journal of Corporate, Financial & Commercial Law
CONSUMERS' DECLINING POWER IN THE FINTECH AUTO LOAN MARKET, Pamela Foohey Brooklyn Journal of Corporate, Financial & Commercial Law
CYBER-INSECURITY: THE REASONABLENESS STANDARD IN INTERNET OF THINGS DEVICE REGULATION AND WHY TECHNICAL STANDARDS ARE BETTER EQUIPPED TO COMBAT CYBERCRIME, Chynna Rose Foucek Brooklyn Journal of Corporate, Financial & Commercial Law
YOUR UBER DRIVER IS HERE, BUT THEIR BENEFITS ARE NOT: THE ABC TEST, ASSEMBLY BILL 5, AND REGULATING GIG ECONOMY EMPLOYERS, Brian A. Brown II Brooklyn Journal of Corporate, Financial & Commercial Law
THE POLITICAL FACE OF ANTITRUST, Spencer Weber Waller, Jacob E. Morse Brooklyn Journal of Corporate, Financial & Commercial Law
WARRANTY, PRODUCT LIABILITY AND TRANSACTION STRUCTURE: THE PROBLEM OF AMAZON, Edward J. Janger, Aaron D. Twerski Brooklyn Journal of Corporate, Financial & Commercial Law
SYMPOSIUM: CONSUMER WELFARE MARKET STRUCTURE AND POLITICAL POWER, Edward J. Janger Brooklyn Journal of Corporate, Financial & Commercial Law
THE MODERN PAY FOR PLAY MODEL: LAWS THAT PROTECT STUDENT-ATHLETES' FUNDAMENTAL RIGHT TO COMMERCIALZE THEIR NAMES, IMAGES, AND LIKENESS, Paul A. Schwabe Jr. Brooklyn Journal of Corporate, Financial & Commercial Law
ALTERNATIVE DATA AND INSIDER TRADING: ARE INVESTMENT MANAGERS ASSLEEP AT THE WHEEL ON BIG DATA USE?, William Montemarano Brooklyn Journal of Corporate, Financial & Commercial Law
The Regulatory Production of Vaccine Hesitancy, Eugene McCarthy Brooklyn Law Review
Lending Innovations, Xuan-Thao Nguyen Brooklyn Law Review
Directors’ Duty of Care in Times of Financial Distress Following the Global Epidemic Crisis, Leon Yehuda Anidjar Brooklyn Journal of International Law
Notice Risk and Registered Agency, Andrew K. Jennings Faculty Scholarship
UNMASKING THE VILLAIN: EXPOSING SCAMMERS’ IDENTITIES TO DEFEAT HARMFUL CALLS, Katherine Teng Brooklyn Journal of Corporate, Financial & Commercial Law
“ESTONIA’S GIFT TO THE WORLD”: THE IMPLEMENTATION OF A BLOCKCHAIN PROTOCOL FOR CORPORATE GOVERNANCE IN NEW YORK, Sydney Lauren Abualy Brooklyn Journal of Corporate, Financial & Commercial Law
A TAXONOMY OF CRYPTOCURRENCY ENFORCEMENT ACTIONS, Peter J. Henning Brooklyn Journal of Corporate, Financial & Commercial Law
THE CRIMINAL, REGULATORY, AND CIVIL ISSUES SURROUNDING INTELLECTUAL PROPERTY AND CYBERSECURITY, Ernest Edward Badway, Christie McGuinness Brooklyn Journal of Corporate, Financial & Commercial Law
REVISING THE DEBT LIMIT FOR “SMALL BUSINESS DEBTORS”: THE LEGISLATIVE HALF-MEASURE OF THE SMALL BUSINESS REORGANIZATION ACT, Michael C. Blackmon Brooklyn Journal of Corporate, Financial & Commercial Law
THE HEAVY HAND OF AMAZON: A SELLER NOT A NEUTRAL PLATFORM, Edward J. Janger, Aaron D. Twerski Brooklyn Journal of Corporate, Financial & Commercial Law
Foundation Regulation in Our Age of Impact, Dana Brakman Reiser Faculty Scholarship
Compliance Elites, Miriam Baer Faculty Scholarship
Value Tracing and Priority in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom up, Edward Janger, Stephan Madaus Faculty Scholarship
Little Power Struggles Everywhere: Attacks on the Administrative State at the Securities and Exchange Commission, Roberta S. Karmel Faculty Scholarship
The Information Shortfalls of Prosecuting Irresponsible Executives, Miriam H. Baer Faculty Scholarship
The Proceduralist Inversion–A Response to Skeel, Edward Janger, Adam J. Levitin Faculty Scholarship
Buyer Beware: Variation and Opacity in ESG and ESG Index Funds, Dana Brakman Reiser, Anne Tucker Faculty Scholarship
Three Conceptions of Corporate Crime (and One Avenue for Reform), Miriam H. Baer Faculty Scholarship
Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets from Manipulation by Non-Human Actors, Daniel W. Slemmer Brooklyn Journal of Corporate, Financial & Commercial Law
Social Responsibility Regulation and Its Challenges to Corporate Compliance, Stephen Kim Park Brooklyn Journal of Corporate, Financial & Commercial Law
Chipping Away at Compliance: How Compliance Programs Lose Legitimacy and its Impact on Unethical Behavior, David Hess Brooklyn Journal of Corporate, Financial & Commercial Law
“Fair Enough”? Revising the Yellowstone Injunction to Fit New York’s Commercial Leasing Landscape and Promote Judicial Economy, Gabriel W. Block Brooklyn Journal of Corporate, Financial & Commercial Law
Third-Party Funding: The Road to Compatibility in International Arbitration, Vienna Messina Brooklyn Journal of International Law
Emerging Trends in Corporate Enforcement and Corporate Compliance: Symposium Introduction, James Fanto, Miriam Baer Faculty Scholarship
Partnership-Related Relatedness: Measuring Partners' Capital Interests and Profits Interests, Bradley T. Borden Faculty Scholarship
The King of the CASL: Canada’s Anti-Spam Law Invades the United States, Arthur Shaykevich Brooklyn Law Review
Investing in a Qualified Opportunity Fund: A Viable Alternative to a Section 1031 Drop-Swap Cash-out, Bradley T. Borden Faculty Scholarship
Activist Shareholders at De Facto Controlled Companies, Gaia Balp Brooklyn Journal of Corporate, Financial & Commercial Law
Basic and Non-Basic Tax Tips for Leasing Lawyers, Bradley T. Borden Faculty Scholarship
Rating Analyst Degrees of Freedom, Vijay Raghavan Faculty Scholarship
The Creditors' Bargain Reconstituted: Comments on Barry Adler's The Creditors' Bargain Revisited, Edward Janger Faculty Scholarship
Sorting Out White-Collar Crime, Miriam Baer Faculty Scholarship
Firm Value and Intracorporate Arbitration, Andrew K. Jennings Faculty Scholarship
Dads are Parents, Too: Why Amending the Pregnancy Discrimination Act is Necessary for Courts to Determine if a Parental Leave Policy Violates Title VII, Krista Gay Brooklyn Journal of Corporate, Financial & Commercial Law
Private Benefits Without Control? Modern Chapter 11 and the Market for Corporate Control, Oscar Couwenberg, Stephen J. Lubben Brooklyn Journal of Corporate, Financial & Commercial Law
Corporate Governance and Bankruptcy, Daniel J.H. Greenwood Brooklyn Journal of Corporate, Financial & Commercial Law
Transparency in Corporate Groups, Jay Lawrence Westbrook Brooklyn Journal of Corporate, Financial & Commercial Law
Corporate Distress, Credit Default Swaps, and Defaults: Information and Traditional, Contingent, and Empty Creditors, Henry T. C. Hu Brooklyn Journal of Corporate, Financial & Commercial Law
Bankruptcy Fiduciary Duties in the World of Claims Trading, John A. E. Pottow Brooklyn Journal of Corporate, Financial & Commercial Law
Disruptive Philanthropy: Chan-Zuckerberg, the Limited Liability Company, and the Millionaire Next Door, Dana Brakman Reiser Faculty Scholarship
The Governing Authority's Responsibilities in Compliance and Risk Management, as Seen in the American Law Institute's Draft Principles of Compliance, Risk Management, and Enforcement, James Fanto Faculty Scholarship
Understanding the Scope of Business Law Clinics: Perspectives from the United Kingdom, Israel and the United States,, Jonathan Askin, Dov Greenbaum, Assaf Ben-David, Victoria Roper, Elaine Campbell Faculty Scholarship
ESSAY: Corporate Triplespeak: Responses by Investor-Owned Utilities to the EPA’s Proposed Clean Power Plan, Alan R. Palmiter Brooklyn Law Review
THE CORPORATE LAW DILEMMA AND THE ENLIGHTENED SOVEREIGN CONTROL PARADIGM: IN SEARCH OF A NEW LEGAL FRAMEWORK, Vincenzo Bavoso Brooklyn Journal of Corporate, Financial & Commercial Law
Rules Are Meant to Be Amended: How Regulation Crowdfunding's Final Rules Impact the Lives of Startups and Small Businesses, Dylan J. Hans Brooklyn Law Review
Constitutive Compliance, Edward Janger Faculty Scholarship
Propping up Corporate Crime with Corporate Character, Miriam H. Baer Faculty Scholarship
The Fiduciary Principle of Insider Trading Needs Revision, Roberta S. Karmel Faculty Scholarship
Opacity, Fragility, & Power: Lessons from the Law Enforcement Response to the Financial Crisis, Gregory M. Gilchrist Brooklyn Law Review
Regulating the “Too Big to Jail” Financial Institutions, Jerry W. Markham Brooklyn Law Review
Tax in the World of Antitrust Enforcement: European Commission’s State Aid Investigations into EU Member States’ Tax Rulings, Nina Hrushko Brooklyn Journal of International Law
Reconceptualizing the Whistleblower's Dilemma, Miriam Baer Faculty Scholarship
Looking to Australia to Overhaul U.S. Foreign Investment in Real Estate, Stephanie L. Kahn Brooklyn Journal of International Law
Purposive Loyalty, Andrew S. Gold Faculty Scholarship
Too Vast to Succeed, Miriam Baer Faculty Scholarship
Financing the Benefit Corporation, Steven A. Dean, Dana Brakman Reiser Faculty Scholarship
Financing the Benefit Corporation, Dana Brakman Reiser, Steven A. Dean Faculty Scholarship
Insider Trading's Legality Problem, Miriam Baer Faculty Scholarship
Delaware’s Ban on Fee-Shifting: A Failed Attempt to Protect Shareholders at the Expense of Officers and Directors of Public Corporations, Ryan S. Starstrom Brooklyn Law Review
Challenging Nonbank SIFI Designations: GE, Metlife, and the Need for Reform, Drita Dokic Brooklyn Journal of Corporate, Financial & Commercial Law
Full Disclosure: Moving Beyond Disclosure Regulations to Affirmative Regulation of Executive Compensation, Christopher Saverino Brooklyn Journal of Corporate, Financial & Commercial Law
Putting the Substance Back into The Economic Substance Doctrine, Nicholas Giordano Brooklyn Journal of Corporate, Financial & Commercial Law
Accountability in Corporate Governance in China and The Impact of Guanxi as A Double-Edged Sword, Andrew Keay, Jingchen Zhao Brooklyn Journal of Corporate, Financial & Commercial Law
Social Capital of Directors and Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen Brooklyn Journal of Corporate, Financial & Commercial Law
An Exception to the Derivative Rule: Allowing Mutual Fund Investors to Bring Suits Directly, Jamie D. Kurtz Brooklyn Law Review
From Systemic Risk to Financial Scandals: The Shortcomings of U.S. Hedge Fund Regulation, Marco Bodellini Brooklyn Journal of Corporate, Financial & Commercial Law
The Question Concerning Technology in Compliance, Sean J. Griffith Brooklyn Journal of Corporate, Financial & Commercial Law
Dashboard Compliance: Benefit, Threat, or Both?, James Fanto Brooklyn Journal of Corporate, Financial & Commercial Law
Do the Merits Matter: Empirical Evidence on Shareholder Suits from Options Backdating Litigation, Minor Myers, Q. Curtis Faculty Scholarship
Share and Share Dislike: The Rise of Uber and AirBNB and How New York City Should Play Nice, Alexandra Jonas Journal of Law and Policy
Fortifying the Rights of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under the NLRA Would Help End the Cycle of Labor Rights Abuse, Caitlin E. Delaney Journal of Law and Policy
Personal Injury Victims as Insurance Collection Agents: ERISA Preemption of State Antisubrogation Laws, Jonathan P. Connery Journal of Law and Policy
A Cautionary Look at a Cautionary Doctrine, Andrew W. Fine Brooklyn Journal of Corporate, Financial & Commercial Law
Another Bite at the Apple for Trade Secret Protection: Why Stronger Federal Laws Are Needed to Protect a Corporation's Most Valuable Property, Alissa Cardillo Brooklyn Journal of Corporate, Financial & Commercial Law
The Challenge of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel Brooklyn Journal of Corporate, Financial & Commercial Law
Open Sesame: The Myth of Alibaba's Extreme Corporate Governance and Control, Yu-Hsin Lin, Thomas Mehaffy Brooklyn Journal of Corporate, Financial & Commercial Law
Dissecting Hobby Lobby's Corporate Person: A Procedural Proposal for Aligning Corporate Rights and Responsibilities, Andrew J. Fleming Brooklyn Law Review
The New Governance and the Challenge of Litigation Bylaws, Jill E. Fisch Brooklyn Law Review
Making Corporate Law More Communitarian: A Proposed Response to the Roberts Court's Personification of Corporations, Robert M. Ackerman, Lance Cole Brooklyn Law Review
Unsophisticated Sentencing, Miriam Baer Faculty Scholarship
The Logic and Limits of Liens, Edward Janger Faculty Scholarship
Appraisal Arbitrage and the Future of Public Company M&A, Minor Myers, Charles R. Korsmo Faculty Scholarship
Liquidity, Systemic Risk, and the Bankruptcy Treatment of Financial Contracts, Rizwaan J. Mokal Brooklyn Journal of Corporate, Financial & Commercial Law
Is The Independent Director Model Broken?, Roberta Karmel Faculty Scholarship
Fixing Multi-Forum Shareholder Litigation, Minor Myers Faculty Scholarship
Confronting the Two Faces of Corporate Fraud, Miriam H. Baer Faculty Scholarship
The Structure of Stockholder Litigation: When Do the Merits Matter, Minor Myers, Charles R. Korsmo Faculty Scholarship
Temporal Inconsistency and the Regulation of Corporate Misconduct, Miriam H. Baer Faculty Scholarship
Dynamic Fiduciary Duties, Andrew S. Gold Faculty Scholarship
IOSCO's Response to the Financial Crisis, Roberta S. Karmel Faculty Scholarship
Some Thoughts on the Porous Boundary between Ordinary and Extraordinary Fraud, Miriam H. Baer Faculty Scholarship
Theories of the Firm and Judicial Uncertainty, Andrew S. Gold Faculty Scholarship
Choosing Punishment, Miriam H. Baer Faculty Scholarship
An Orderly Liquidation Authority Is Not the Solution to Too-Big-To-Fail, Roberta S. Karmel Faculty Scholarship
Benefit Corporations -- A Sustainable Form of Organization?, Dana Brakman Reiser Faculty Scholarship
The Perils of Shareholder Voting on Executive Compensation, Minor Myers Faculty Scholarship
Restoring Transparency to Automated Authority, Frank Pasquale Faculty Scholarship
Organizational Liability, James A. Fanto Faculty Scholarship
Organizational Liability and the Tension between Corporate and Criminal Law, Miriam H. Baer Faculty Scholarship
The New Concept of Loyalty in Corporate Law, Andrew S. Gold Faculty Scholarship
The Costs of Liquidity Enhancement: Transparency Cost, Risk Alteration, and Coordination Problems, Edward J. Janger Faculty Scholarship
Governing Corporate Compliance, Miriam H. Baer Faculty Scholarship
The Future of the Securities and Exchange Commission as a Market Regulator, Roberta S. Karmel Faculty Scholarship
Recognizing the "Bad Barrel" in Public Business Firms: Social and Organizational Factors in Misconduct by Senior Decision-Makers, James A. Fanto Faculty Scholarship
Linkage and the Deterrence of Corporate Fraud, Miriam Baer Faculty Scholarship
Insuring Corporate Crime, Miriam Baer Faculty Scholarship
Forming Entities to Negotiate Community Benefits Agreements, Debra Bechtel Faculty Scholarship
Corporate Policing and Corporate Governance: What Can We Learn from Hewlett-Packard's Pretexting Scandal, Miriam Baer Faculty Scholarship
The Continuing Need for Broker-Dealer Professionalism in IPOs, James A. Fanto Faculty Scholarship
A Decision Theory Approach to the Business Judgment Rule: Reflections on Disney, Good Faith, and Judicial Uncertainty, Andrew S. Gold Faculty Scholarship
A Social Defense of Sarbanes-Oxley, James A. Fanto Faculty Scholarship
On the Elimination of Fiduciary Duties: A Theory of Good Faith for Unincorporated Firms, Andrew S. Gold Faculty Scholarship
Paternalistic Regulation of Public Company Management: Lessons from Bank Management, James A. Fanto Faculty Scholarship
Corporate Misbehavior by Elite Decision-Makers Symposium - Perspectives from Law and Social Psychology: Introduction, James A. Fanto Faculty Scholarship
Should a Duty to the Corporation be Imposed on Institutional Shareholders?, Roberta S. Karmel Faculty Scholarship
Reassessing the Scope of Conduct Prohibited by Section 10(b) and the Elements of Rule 10b-5: Reflections on Securities Fraud and Secondary Actors, Andrew S. Gold Faculty Scholarship
Enron.org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser Faculty Scholarship
Whistleblowing and the Public Director: Countering Corporate Inner Circles, James A. Fanto Faculty Scholarship
Subtle Hazards Revisited: The Corruption of a Financial Holding Company by a Corporate Client's Inner Circle, James A. Fanto Faculty Scholarship
Regulating Corporations: Who's Making the Rules, Roberta S. Karmel Faculty Scholarship
Persuasion and Resistance: The Use of Psychology by Anglo-American Corporate Governance Advocate in France, James A. Fanto Faculty Scholarship
Quasi-Rationality in Action: A Study of Psychological Factors in Merger Decision Making, James A. Fanto Faculty Scholarship
Decision-Makers Without Duties: Defining the Duties of Parent Corporations Acting as Sole Corporate Members in Nonprofit Health Care System, Dana Brakman Reiser Faculty Scholarship
Braking the Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto Faculty Scholarship
We're All Capitalist Now: The Importance, Nature, Provision and Regulation of Investor Education, James A. Fanto Faculty Scholarship
The Role of Corporate Law in French Corporate Governance, James A. Fanto Faculty Scholarship
The Role of Corporate Law in the Adaptation of French Enterprise, James A. Fanto Faculty Scholarship
Investor Education, Securities Disclosure, and the Creation and Enforcement of Corporate Governance and Firm Norms, James A. Fanto Faculty Scholarship
Towards a More Balanced Treatment of Bidder and Target Shareholders, Miriam Baer Faculty Scholarship
The Role of the Corporate Attorney within the Takeover Context: Loyalties to Whom, Miriam Baer Faculty Scholarship
The Absence of Cross-Cultural Communication: SEC Mandatory Disclosure and Foreign Corporate Governance, James A. Fanto Faculty Scholarship
Implications of the Stakeholder Model, Roberta S. Karmel Faculty Scholarship
Is It Time for a Federal Corporation Law, Roberta S. Karmel Faculty Scholarship
Duty to the Target: Is an Attorney's Duty to the Corporation a Paradigm for Directors?, Roberta S. Karmel Faculty Scholarship
Qualitative Standards for Qualified Securities: SEC Regulation of Voting Rights, Roberta S. Karmel Faculty Scholarship
The Independent Corporate Board: A Means to What End?, Roberta S. Karmel Faculty Scholarship
The Election of Directors and Chapter 11--The Second Circuit Tells Stockholders to Walk Softly and Carry a Big Lever, Michael A. Gerber Faculty Scholarship
Glass-Steagall: Some Critical Reflections, Roberta S. Karmel Faculty Scholarship
An Identity Crisis for the Corporate Lawyer, Roberta S. Karmel Faculty Scholarship
Ambivalent Reflections on Regulation, Roberta S. Karmel Faculty Scholarship
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