Analyze the Sherman Antitrust Act, and then discuss one of the following areas of concern in health care organizations:



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Analyze the Sherman Antitrust Act, and then discuss one of the following areas of concern in health care organizations:

  • Reduced market competition.
  • Price fixing.
  • Actions that bar or limit new entrants to the field.
  • Preferred provider arrangements.
  • Exclusive contracts.

 



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Issue: Jones, City Attorney for the Town of Smithville, filed a lawsuit against a columnist and the newspaper for making defamatory statements



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RESPOND TO EACH QUESTION WITH AT LEAST 100 WORDS

Question 1

Issue: Jones, City Attorney for the Town of Smithville, filed a lawsuit against a columnist and the newspaper  for making defamatory statements. The writer described Jones as being the power being the scenes that was potentially orchestrating the town’s demise.

Rule: To receive a judgement in favor of Jones, he would have to prove that the writer’s statements were both false and defamatory. Defamation is a complicated case to prove; however, cases involving libel (written or printed defamation) are easier to prove than slander, which is less permanent and typically communicated verbally (Langvardt, et al., 2019).

Application:  There are a couple of ways the defendants can defend themselves. As previously mentioned, part of winning a defamation case is proving that the statements are false. Part of the defensive approach should be to provide evidence to support the writer’s assertions in the column. If the defendants can provide evidence that the attorney participate in “hatchet-like” activities or have a significant amount of influence over city activities, they can prove the statements were not made with reckless disregard for the truth. The defendants should also consider whether the writer’s statements were fair comments, derived from information gained during public and/or government meetings. Lastly, because the article was an opinion piece, the defendants should use their position as a part of the media to defend their first-amendment rights (Langvardt, et al., 2019).

Conclusion: Considering how difficult it would be for the Plaintiff to prove knowledge of falsity and a reckless disregard for the truth, coupled with the protection provided to members of the media, it is unlikely that the Plaintiff will be awarded damages. It is unlikely that the Plaintiff will be able to prove actual malice, which means that the defendant entertained serious doubts about the validity of the writer’s comments and even more unlikely that the defendants consciously rejected overwhelming evidence of falsity (Langvardt, et al., 2019).

QUESTION 2

Issue:  Jones, City Attorney for the town of Smithsville, filed a defamation lawsuit against the newspaper, the Town Crier, because the writer referred to Jones as “the political hatchet man” and “one of the biggest powers behind the throne in local government.”  The writer asserted that Jones is leading the town to “destruction.”

Rule:  There are two forms of defamation: libel and slander (Langvardt, et al., 2019).  Libel is a written or printed form of defamation which could cause assumed damages such as emotional distress, and slander is an accusation or statement, often verbal and considered less damaging depending on the severity.  There are four elements of defamation: 1) unprivileged, 2) publication of 3) false and defamatory and 4) statements concerning another (Langvardt, et al., 2019).

Application:  Defamation involves “publication, without any justification, of a derogatory and/or false statement regarding another individual or party,” (Ronquillo, 2020).  The plantiff would need to prove that the comments caused damages to reputation and livelihood and therefore requires compensation.   In The New York Times Co. v. Sullivan, 376 U.S. 254 (1964), the Supreme Court held that a public figure must show the false, defaming statements were said with actual malice (Defamation Legal Information Institute, 2021).  Jones is considered a public figure since he holds public office, and needs to provide evidence that there was malice.  Considering the statements made, that Jones is “the political hatchet man” and “one of the biggest powers behind the throne in local government,” while these are strongly worded they are also of an opinion and not fact.

Conclusion:  Jones will likely not win this case because the comments in the newspaper were opinion and there is little evidence to prove that they were malicious, which is how the newspaper would construct their defense.  Had the writer specified how Jones was “leading the town to destruction” say, misappropriation of funds, abuse of power, then the plaintiff would have a case.

QUESTION 3

Issue: Terrance Hall, chairman of Bet-Air, Inc., was convicted of selling restricted military equipment parts to Iran. This was based on evidence, a shredded copy of meeting minutes that were obtained from a dumpster on Bet-Air property. Hall alleged that this evidence was obtained by U.S. Customs Agent William T. Parks by unlawful manners. He contended that Parks had to use a private road to reach the dumpster on Bet-Air’s private property (United States v. Hall, 1995).

Rule: The Fourth Amendment protects against unreasonable governmental violations of rights. Hall petitioned that the search that resulted in the shredded meeting minutes was unreasonable and violated his rights. The court must determine if the search was unreasonable, causing the evidence to be suppressed (Langvardt, Barnes, Prenkert, McCrory, Perry, 2019).

Analysis: Hall has protection under the Fourth Amendment against unreasonable searches or seizures on his private property. This is true given proper signage to alert someone where the private property begins and its borders. Agent Parks was able to travel down a road that was unmarked with good private property signage. Then he was able to gain easy access to a dumpster that was also unmarked and appeared to be on public property (Langvardt, Barnes, Prenkert, McCrory, Perry, 2019).

Conclusion: The court determined based on the lack of proper signage, the search that resulted in the missing meeting notes was reasonable and would not be suppressed. If there had been proper signage to ensure that Agent Parks knew he was on private property when he was traveling down the private road and again when he was at the dumpster. This would have caused the search to be unreasonable since Hall has a reasonable right of protection against unreasonable searches. As an executive, proper signage needs to be installed to ensure everyone who enters the property is made aware they are not on private property.

QUESTION 4

Issue

The issue, in this case, is pretraining to whether Terrence Hall, the defendant and the chairman of Bet-Air Inc. engaged in selling restricted military parts to Iran. Hall was convicted of the crime after a special agent of the US Customs Service found some shredded materials in a dumpster located near the Bet-Air property. (U.S. V. Hall, 1995) Shortly after the shredded documents were used as the basis for a search warrant which resulted in the seizure of additional documents and records which assisted in Hall’s conviction. Hall appealed the Court’s decision on the grounds of error regarding suppression of documents and search warrant based on improperly seized documents. (U.S. V. Hall, 1995) Additionally, Terrence argued that the prosecutors closing remarks were biased and subsequently the district court did not properly apply the sentencing guidelines to a pre-guidelines case. The court of appeals found no evidence to support any of Hall’s accusations and arguments. (U.S. V. Hall, 1995)

Rule

The Fourth Amendment protects against unreasonable searches and warrants and applies to both businesses and private properties. Considering California v. Greenwood, it can be concluded that the search and seizure did not violate the Fourth Amendment. In the case of Greenwood, the Supreme Court found that the seizure of garbage left in a plastic bag on the outside of a private house was not a violation if the people discharging the garbage did not create an expectation of privacy that society views as reasonable. (California v. Greenwood, 1988) Similarly, in the case of Hall, Terrence pointed out the fact that seized documents were shredded, and that acts as an expectation of privacy. For the actions of the agent to be a violation of the Fourth Amendment, the objects or documents must not be left in plain sight. Additionally, since we are discussing a matter involving a commercial building, it is the responsibility of the occupants to take additional precautions and keep the public away from the area. (U.S. V. Hall, 1995) The Supreme Court held that the government needs to obtain a search warrant only when searching areas of commercial property and that the public has been excluded from. (Langvardt, Barnes, Prenkert, McCrory, Perry, 2019 In the case of Hall, although the government agent needed to walk to the dumpster, the area was not in any way labeled as private thus he did not violate the Fourth Amendment.

Application

The Fourth Amendment is described to protect persons rather than places. The Supreme Court denied Fourth Amendment protection for places that show no reasonable expectation of privacy such as open fields, bank records, etc. (Langvardt, Barnes, Prenkert, McCrory, Perry, 2019) Additionally, the Fourth Amendment applies when the privacy of the homeowner himself is invaded. (Langvardt, Barnes, Prenkert, McCrory, Perry, 2019) If the dumpster was on private property, away from the public, and inside a home or very close by the results would have differed. The most important aspect to consider here is whether there is a reasonable expectation of privacy here and whether something was left in plain sight and was easily accessible by the public. (When the Fourth Amendment applies,2019) Hall relied on the argument of a third party handling the garbage which further proved the expectation of privacy. However, in this case, such third-party handlings further spoke to the easy access of the documents.

Conclusion

Based on the facts stated above, it can be concluded that no reasonable expectation of privacy was present in the case of the United States v. Hall. Although the dumpster was reached by the government agent by walking some distance, it was not properly labeled as private and thus the actions of the agent were not considered a violation of the Fourth Amendment. If I were an executive for Bet-Air my recommendation would be to create a clearly labeled area that specified, the dumpster was in fact private property. The focus needs to be on the creation of a fenced area or something similar that clearly spoke to the intent of privacy. Additionally, a relocation of the dumpster to a closer area or even somewhere inside of the building would be an appropriate step to establish privacy.



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Sample Interview Write-up



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Sample Interview Write-up

As a prerequisite to writing my university discourse paper, I interviewed Professor Bob Weisberg, who’s a professor of political science at OSU. My “humanities” discipline is law, and although Weisberg doesn’t teach in law school, he has a law degree, used to work as a lawyer, and has taught law-related courses in the past, so it seemed like he’d have a good understanding of writing in the legal profession. As it turned out, he’d written legal briefs in several different lawsuits on behalf of his clients, and I also found out that he published a law review article in the UCLA Law Review in 1998.

Weisberg started the interview by asking what type of law I was writing about; this took me aback, because I was just planning to write about law in general, since I figured it would be similar across various legal fields. I told him this and he said that there were many commonalities across the different types of law—criminal, environmental, civil rights, etc., but that the differences were significant as well I indicated that I was primarily interested in the overarching characteristics, and he said this was fine.

Throughout the interview, Weisberg kept stopping to consult different legal books, and this was the part of the interview I found most surprising. Weisberg said that the vocabulary used in law is so specialized that even lawyers have to look it up all the time. I mentioned I thought this was what people learned in law school, and Weisberg said law school is more about learning legal concepts, and that the main trick with the vocabulary is having the resources to find the vocabulary you need.

According to Weisberg, the crux of solid legal writing is the ability to be straightforward while also being passionate. He said this is a difficult balance to attain, because people often get vague when they try to state a point meaningfully. One example he gave me was that if a person was writing a legal brief to a judge, he or she might write, “The only reasonable interpretation of the evidence is in favor of my client. In order to be consistent with prior court rulings, you must rule in favor of my client.” This is good because it is being persuasive and logical. A person would not want to write, “In the interest of justice, my client must be freed! If you do not do so, it will fly in the face of law and justice across America.” For law, this is considered “over the top” because it relies more on emotion than on logical reasoning. However, Weisberg asserted that unlike science and engineering writing, legal writing does place value on persuasive rhetoric and emotional appeals; it’s just that they need to be grounded more heavily in logical reasoning than emotion.

I asked Weisberg about point of view specifically, because I know the Supreme Court writes its opinions in first person. He said that judges do this when they hand down an opinion, but that regular attorneys almost never do. For instance, when giving a brief to a judge, a person should not write, “I think Miranda v. Arizona relates directly to this case;” he or she should delete the “I think.”

One other aspect of the interview I wanted to note was that throughout the entire thing, Weisberg kept reiterating that legal writing isn’t “half as difficult as people think it is.” He said that in a way, it’s like learning a foreign language—but an easy one, and that if students are interested in doing legal research or going to law school, that they should not be intimidated by the language. “Lawyers aren’t half as smart as people think,” he told me at one point.

Overall, I enjoyed this interview and Weisberg was able to point me towards other resources I will be able to use to research my other papers, namely Black’s Law DictionaryEmanuel Legal Briefs, and Legal Writing in a Nutshell, two of which I have found at Valley Library already.

General Topics You May Want to Address in Your Write-up:

Why you interviewed this person

This person’s experience

Most surprising thing you learned from the interview

Most interesting thing you learned from the interview

Something your interviewee told you that you already knew

Significant quotes from the interview and what they mean in the context of your paper

Any other specific information from the interview that you’d like to relate



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In United States v. Hall, 47 F.3d 1091 (11th Cir. 1995), the Eleventh Circuit Court of Appeals



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Prior to beginning work on this discussion,

  • Review Chapter 5 of the course textbook.

In United States v. Hall, 47 F.3d 1091 (11th Cir. 1995), the Eleventh Circuit Court of Appeals discussed the difference between a business and an individual’s reasonable expectation of privacy in the area around their home or business (called the curtilage). In Hall, a government agent seized a bag of shredded documents from a dumpster located on the property of Bet-Air, Inc. Hall filed a motion to suppress the evidence on the grounds that the search and seizure was a violation of the Fourth Amendment. Review United States v. Hall and discuss the following:

  • What was the Court of Appeal’s decision?
  • Was the search and seizure a violation of the Fourth Amendment? Why or why not?
  • Would the result have been different if the dumpster was on private property rather than on commercial property?
  • Suppose you were an executive at Bet-Air. What recommendations would you make to help Bet-Air assert an expectation of privacy in the dumpster?

Your initial response should be a minimum of 200 words.  USE THE IRAC(ISSUE, RULE, APPLICATION, CONCLUSION) RULE.

DISCUSSION 2

Prior to beginning work on this discussion,

  • Review Chapter 6 of the course textbook.

Jones was the attorney for the Town of Smithville. He filed a defamation lawsuit against a newspaper that served the Smithville area and against the writer of that newspaper’s Town Crier column. Jones based his case on statements that appeared in the column. The writer of the column referred to Jones as a “political hatchet man” and as “one of the biggest powers behind the throne in local government.” The writer also asserted that “Jones pulls the strings” and raised the question whether Jones was “leading Smithville to destruction.” What arguments should the defendants make in an effort to avoid defamation liability? Should Jones win his case? Your initial response should be a minimum of 200 words.

PLEASE APPLY

ISSUE

RULE

APPLICATION

CONCLUSION WHEN ANSWERING BOTH DISCUSSION QUESTIONS



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Based on Merry’s article, first explain the place value of culture within a cultural relativist and universalism approach to law.



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1.Based on Merry’s article, first explain the place value of culture within a cultural relativist and universalism approach to law. Secondly, I would like you to briefly elaborate on how Merry criticizes cultural relativists and universalism approaches to law/human rights. And thirdly, what approach to culture is according to Merry necessary in order to overcome the universalism vs. the cultural relativism dichotomy?

2. Please write 400 words or more, recounting the incident, including how and why it started on the street and the proceedings of various tribunals (Richmond County Grand Jury, DOJ, NYPD).

original tape https://www.youtube.com/watch?v=OWoZ4Mj9028

http://www.nydailynews.com/new-york/brooklyn/funeral-today-eric-garner-article-1.1877381

https://www.silive.com/northshore/index.ssf/2014/07/eric_garner_who_died_in_police.html

http://www.nydailynews.com/new-york/nyc-crime/staten-island-da-man-death-nypd-chokehold-article-1.1871946

No true bill https://www.nbcnews.com/news/us-news/cop-chokehold-death-ny-man-expresses-condolences-garner-family-n260966

Payment to Garner family http://gothamist.com/2015/07/14/eric_garner_settlement.php

https://www.aclu.org/blog/criminal-law-reform/reforming-police-practices/4-years-after-eric-garners-death-were-still

https://www.csmonitor.com/USA/Justice/2014/0802/Eric-Garner-ruled-victim-of-chokehold-homicide-Should-a-grand-jury-indict

https://www.cbsnews.com/news/after-eric-garner-death-nypd-plans-investigation-and-reforms/  bratton

https://www.nytimes.com/2015/07/14/nyregion/eric-garner-case-is-settled-by-new-york-city-for-5-9-million.html?smid=pl-share

https://www.cnn.com/2018/07/19/us/nypd-disciplinary-process-eric-garner/index.html

https://thinkprogress.org/daniel-pantaleo-records-75833e6168f3/

http://www.nydailynews.com/new-york/revelations-officer-pantaleo-record-eric-garner-article-1.3004217



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Write a 1,050- to 1,400-word paper analyzing how a current criminal justice policy was developed as an alternative solution to its predecessor



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Reform often leads to the creation an alternative solutions. In this assignment you will research a policy that has been revised and provide information about the policy and the steps that were taken to plan and implement the change.

Write a 1,050- to 1,400-word paper analyzing how a current criminal justice policy was developed as an alternative solution to its predecessor. Be sure to include the following:

  • Identify the policy.
  • Describe how it was developed as an alternative solution to its predecessor.
  • Analyze the factors that contributed to the policy’s development.
  • Explain the importance of developing an alternative.

Format your paper in accordance with APA guidelines.



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Review the following 2 cases separately. • In re: Mobilactive Media, LLC • Montclair State Univ. v. Oracle, Inc.



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Case Study Instructions 

You will write a 4–5-page paper in current APA format that focuses on 2 case studies from each week’s reading. Each paper must include at least 4 references in addition to the course textbooks and the Bible. Each week there is a different set of cases for you to review. You must review them separately following the instructions below:

Internet Dispute Resolution Contracts Case Study Assignment

Module/Week 5:

Review the following 2 cases separately.

• In re: Mobilactive Media, LLC

• Montclair State Univ. v. Oracle, Inc.

  1. State the facts of the case
    • What       happened in this case?
    • Who       are the parties?
    • What       motivated the parties to take this action?
    • List       the facts by level of importance.
  2. Discuss      the Issue:  Discuss the issues or      problems presented by the case. The legal issue is the question of law on      which resolution of the case turns. An issue should be presented in the      form of a question. While most cases revolve around a legal issue, you      should also consider issues of public policy, values in conflict, and      practical reality. For example, a case study involving abortion might      involve the following issues:
    • Legal:       Is abortion legal? If so, under what circumstances?
    • Public       Policy: Should abortion be legal? Why or why not?
    • Values       in Conflict: Which value is more important, a woman’s right to privacy or       an unborn child’s right to life? Why?
    • Practical:       What are the options open to someone faced with an unwanted pregnancy?       Where can someone in this situation go for help and advice?

3. Discuss the Arguments:  Now that you have defined the facts and issues, develop and discuss the arguments that can be made for each of the various points of view. For example, what are the arguments, both Pro and Con, for each point of view, which side provides the most compelling argument, and why, and what are the consequences?

  1. Conclusion:  Each of these cases has a court ruling. Do you      agree with the court’s decision (why or why not?). From a Christian      prospective, how does this decision impact Christianity and society? If      the impact is negative, what recommendations would you make to overcome      that impact?

References 



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Write a two (2) to three (3) page paper in APA format based upon, how Alternative Dispute Resolution (ADR) is used in the entertainment industry.



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Objectives:

  • Employ new learning technologies that will enable you to create shared learning strategies and libraries, conduct effective internet research, and research/locate appropriate objective criteria.
  • Apply proper APA style writing and avoid plagiarism
  • Gain familiarity with legal terminology and analyze the benefits of Alternative Dispute Resolution in the Entertainment Industry.

During this week of Negotiation & Deal-Making, you will practice your research and writing skills. Researching issues efficiently and accurately and knowing how to communicate them will make you a more effective negotiator. Establishing excellent research and communication skills takes practice. Exercises like this assignment will help you expand upon your research and communication skills.

Instructions:

  •  Write a two (2) to three (3) page paper in APA format based upon, how Alternative Dispute Resolution (ADR) is used in the entertainment industry.
  • There are many forms of ADR.  Pick three forms to discuss.
  • Define each form of ADR you have chosen and how each form works.  Additionally, apply a minimum analysis of how ADR would or would not reduce expenses, protect privacy, and be more efficient with time.
  • Provide an analysis of a case study that utilized ADR or in the alternative, analyze how another dispute could have been handled differently if ADR had been utilized.
  • Collect a minimum of five (5) resources using online databases, such as EBSCOhost and LexisUni. You may use other reliable online sources, but two must be from the Full Sail Library.
  • You need to include a title page and reference page, which are not included in the page count.
  • This paper MUST be written in uploaded on a WORD .DOC

Deliverables:

  • Upload the paper to both the FSO platform and turnitin.com. You will receive an  email through FSO with the Class name, Class ID, and password the week the assignment is due. This is mandatory, failure to comply will result in a grade of zero.

Here are some important points to remember:

  • Make sure to use an in-text citation after every sentence that contains a fact or assertion. In other words, there should be an in-text citation after every single sentence unless it’s clearly an opinion. For example, “one may argue that the Beatles were the greatest band of the 20th Century.”  That is clearly an opinion whereas, writing, “The Beatles were the greatest band of the 20th Century”, is stating a fact and must be backed up by a credible source with an in-text citation.
  • Do not write in first person. APA does not allow it.
  • Full Sail policy states that your paper should not contain more than 10% quoted material.  Therefore, utilize your ability to paraphrase.

As always, please refer to the important class information in FSO concerning the late policy, original work, grammar, punctuation and sentence construction.

Week 3 Training Archive

This week we are discussing Alternative Dispute Resolution (ADR).  Please review the archived session below and I encourage you to review APA style writing.  I expect an in-text citation after every single sentence, unless it is clearly an opinion.  You will be receiving an email from me later this week with turnitin.com registration information.

Additionally, I am providing you with some helpful hints when writing in APA and they are as follows:

1) Font – Times New Roman

2) Font size – 12 pt.

3) Spacing – Double

4) Don’t forgot about the Running Head

5) page number (top right hand corner of paper)

6) Margins 1 inch all 4 sides

7) No Bold type only if you use sub headings.

8) No underlining

9) Only use quotations when directly quoting another source (only quote 10% or less of your paper)

10) References page is in alphabetical order of the author’s last name, if no author, then the title.

Here are some words of wisdom:

It is better to over cite than to under cite.

In other words, do not Plagiarize. You MUST have an in-text citation after EVERY SINGLE SENTENCE unless it’s your own thought or common knowledge. Even if you paraphrase a source, your sentence MUST have an in-text citation.

In Text Citations are (Author’s last name, year source was published) Ex. (Smith, 2014). If quoting from a book (Author’s last name, Year published, page number) Ex. (Jones, 2014, p. 5). If a website without an author (Website address up to the .com, year published). Ex. (msn.com, 2015). If you mention the author within the sentence, you still need to provide the year published and a page number if it’s a book. Ex. Smith states in his book, higher learning, that everyone can accomplish his or her goals (2014, p. 89).

When you quote in APA format, you are only allowed to quote 40 words at a time unless you are block quoting, be careful here as block quoting will take up a majority of your 10% that you are allowed to quote.

The use of quotations is very specific in APA. You should only use quotes when directly taking another author’s words directly and that sentence should always be followed up with an in-text citation. When emphasizing a word use italics only. For example, if you want to emphasize the word, wow. You would simply use italics within the sentence: ex. John said wow when Mary walked into the room.



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Discuss feminism, the primary interest of feminologists and four different types of feminist thought.



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Paper#1

We will discuss subculture theories this week. Research a group of your choice (hippies for example) and discuss how they have evolved or devolved as a group, in habits, appearance, causes etc.

paper #2

Discuss feminism, the primary interest of feminologists and four different types of feminist thought.



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Chemistry Lab reports



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There are 2 lab reports that is connected one to another.
1. Preparation of a Co-ordination Compound
2. Analysis of a Co-ordination Compound
I need 3 pages lab report for each of them separately.

I am attaching the
-Lab Manual and
-My data and format my professor requires for each lab



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