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PARTICIPANTS
Professor Rachel
Barkow Assistant Professor of Law, New York University
School of Law
Research and teaching interests in the
fields of administrative law, criminal law, and separation of powers. She
recently completed an article on the relationship between mandatory sentencing
laws and the constitutional power of the jury that will be published this fall
in the University of Pennsylvania Law Review. Her other writings include
"More Supreme than Court: The Fall of the Political Question Doctrine and
the Rise of Judicial Supremacy," which appeared in the Columbia Law Review
(2002) and "A Tale of Two Agencies: A Comparative Analysis of FCC and DOJ
Review of Telecommunications Mergers," which she co-authored with Peter
Huber and which appeared in the University of Chicago Legal Forum (2000). From
1998-2002, Professor Barkow was an associate at Kellogg, Huber, Hansen, Todd
& Evans, a law firm in Washington, D.C. She focused on telecommunications
and administrative law issues in proceedings before the Federal Communications
Commission, state regulatory agencies, and federal and state courts. She took a
leave from the firm during 2001 to serve as the John M. Olin Fellow in Law at
Georgetown University Law Center. After graduating from Northwestern University
(B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the
Sears Prize, which is awarded annually to two students with the top overall
grade averages in the first-year class. Barkow served as a law clerk to Judge
Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin
Scalia on the U.S. Supreme Court.
Justice Stephen G.
Breyer Associate Justice, Supreme Court of the United
States
A.B. from
Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from
Harvard Law School. He served as a law clerk to Justice Arthur Goldberg of the
Supreme Court of the United States during the 1964 Term; as a Special Assistant
to the Assistant U.S. Attorney General for Antitrust, 19651967; as an
Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973;
as Special Counsel to the U.S. Senate Judiciary Committee, 19741975; and
as Chief Counsel of the committee, 19791980. He was an Assistant
Professor, Professor of Law, and Lecturer at Harvard Law School,
19671994; a Professor at the Harvard University Kennedy School of
Government, 19771980; and a Visiting Professor at the College of Law,
Sydney, Australia and at the University of Rome. From 19801990, he served
as a Judge of the United States Court of Appeals for the First Circuit, and as
its Chief Judge, 19901994. He also served as a member of the Judicial
Conference of the United States, 19901994, and of the United States
Sentencing Commission, 19851989. President Clinton nominated him as an
Associate Justice of the Supreme Court, and he took his seat August 3,
1994.
Professor Dr.
Brun-Otto Bryde Judge of the Federal Constitutional Court
of Germany
Judge of the German Constitutional Court
(since 2001) and Professor for Public Law and Political Science, Justus
Liebig-Universität Giessen (since 1987); Dr. jur. Hamburg (1971);
Habilitation (Hamburg 1980) for Public Law, International Law, Sociology of Law
and Comparative Law; 1971 - 1973 Lecturer, Faculty of Law, Addis Abeba,
Ethiopia; 1973 - 1974 Law and Modernization Fellow, Yale Law School; 1974-1982
Research Fellow and Lecturer, University of Hamburg; 1982-1987 Professor of
Public Law, Universität der Bundeswehr München; 1989 and 1994
Visiting Professor at Wisconsin Law School; 1992-1998 Chair of German Sociology
of the Law Association; 2000-2001 member of the Committee on the Elimination of
Racial Discrimination; Publications include The Politics and Sociology of
African Legal Development, 1976, Verfassungsentwicklung 1982, and many articles
in the fields of (comparative) public law and democratic theory, international
law and socio-legal studies; co-editor of "Verfassung und Recht in
Übersee"
Professor Marta
Cartabia Professor of Public Law and European Union Law,
University of Verona and of Constitutional Law, University
Milano-Bicocca
Marta Cartabia is professor of Public Law
and European Union Law at the University of Verona and also teaches
Constitutional Law at the University of Milano-Bicocca. She obtained a PhD in
Law at the European University Institute of Florence in 1992. She has been a
Research Fellow at the Law School of the University of Michigan in 1991. From
1993 to 1997, she Clerked for the Constitutional Court. Her main fields of
research and publication are the constitutional problems of the European
system; the relationship between the Italian legal system and the European
Union; human rights; and the judicial review of the Italian Constitutional
court. Among others her publications include, La tutela dei diritti nel
procedimento amministrativo, Milano, 1991 and Principi inviolabili e
integrazione europea, Milano, 1995; M. Cartabia J.H.H. Weiler, L'Italia
in Europa, Bologna 2000; R. Bifulco- M. Cartabia- A.Celotto (eds),
LEuropa dei diritti, Bologna, Il Mulino, 2001.
Professsor
José M. de Areilza Professor of European Union
Law and Associate Dean of Legal Studies at Instituto de Empresa, Madrid
He is a Visiting Professor at the College of
Europe, Natolin, Poland. He holds LL.M. and S.J.D. degrees from Harvard Law
School, and an M.A. from the Fletcher School of Law and Diplomacy. Between 1996
and 2000 he was Advisor on European and North American Affairs at the Spanish
Prime Minister's Office. During 2002 he has worked as an Advisor to Ms. Ana
Palacio, Member of the Praesidium of the European Convention. His research
focuses on European institutions and governance, models of flexibility and
EU-Member States powers.
Olivier
Dutheillet de Lamothe Member of the Constitutional
Council of the Republic of France
Member of the
French Conseil d'Etat and Justice at the French Constitutional Council. He has
shared his career between industrial relations and public law. He was
"Commissaire du Gouvernement" (General Advocate ) at the Judicial Section of
the Conseil d'Etat (1981-1986). He was Director of industrial relations at the
Department of labor from 1987 to 1995. He has been Social Counselor of the
President of the Republic (1995-1997) and Deputy General Secretary of the
French Presidency(1997-2000). He was appointed Justice at the Constitutional
Council in February 2001. He is a Professor at the Institute of Political
Studies in Paris.
Professor Rui
Manuel Gens de Moura Ramos Vice-President of the
Portuguese Constitutional Court
Professor, Law Faculty,
Coimbra, and at the Law Faculty of the Catholic University, Oporto; Jean Monnet
Chair; Course Director (French language) at The Hague Academy of International
Law (1984) and Visiting Professor in the Faculty of Law, Paris I University
(1995); Portuguese Government delegate to the United Nations Commission on
International Trade Law (UNCITRAL), The Hague Conference on Private
International Law, the Comité international de l'état civil and
the Council of Europe Committee on Nationality; member of the Institute of
International Law. Former Judge at the Court of First Instance of the European
Communities, Luxembourg (from September 18th, 1995, to March 31st, 2003), and,
presently, Vice-President of the Portuguese Constitutional Court.
Professor Eleanor M.
Fox Walter J. Derenberg Professor of Trade Regulation,
New York University School of Law
Professor Fox teaches antitrust, European
Union law and policy, comparative competition policy in global context, torts,
and a colloquium on Globalization and its Discontents at NYU School of Law. She
served as a member of the International Competition Policy Advisory Committee
to the Attorney General and the Assistant Attorney General for Antitrust of the
United States (1997-2000). She served as a member of the National Commission
for the Review of Antitrust Laws and Procedures under President Carter
(1977-1979). She is a member of the Board of Directors and the Executive
Committee of the Lawyers Committee for Civil Rights Under Law and is a
Director of the American Foreign Law Association. She is a frequent visitor and
lecturer at the Competition Directorate of the European Commission. She has
advised numerous new antitrust jurisdictions, including South Africa,
Indonesia, and Central and Eastern European countries. Her books include
Cases and Materials on European Union Law (West 2002), co-authored with
George Bermann et al., and an analysis of competition policy in the Central
European states as they prepare for membership in the European Union,
co-authored with John Fingleton et al. Her research focuses on competition
policy and its relationship to trade, development, and issues of equity,
efficiency, and global governance.
Justice Ruth
Bader Ginsburg Associate Justice, Supreme Court
of the United States
B.A. from Cornell University,
attended Harvard Law School, and received her LL.B. from Columbia Law School.
She served as a law clerk to the Honorable Edmund L. Palmieri, Judge of the
United States District Court for the Southern District of New York, from
19591961. From 19611963, she was a research associate and then
associate director of the Columbia Law School Project on International
Procedure. She was a Professor of Law at Rutgers University School of Law from
19631972, and Columbia Law School from 19721980, and a fellow at
the Center for Advanced Study in the Behavioral Sciences in Stanford,
California from 19771978. In 1971, she was instrumental in launching the
Womens Rights Project of the American Civil Liberties Union, and served
as the ACLUs General Counsel from 19731980, and on the National
Board of Directors from 19741980. She was appointed a Judge of the United
States Court of Appeals for the District of Columbia Circuit in 1980. President
Clinton nominated her as an Associate Justice of the Supreme Court, and she
took her seat August 10, 1993.
Professor David M.
Golove Professor of Law, New York University School of
Law
Professor Golove studied law at the
University of California at Berkeley and at Yale University. He has taught at
the University of Arizona College of Law, Cardozo School of Law, and NYU School
of Law. His teaching and research interests are in international and
constitutional law. His principal focus is on the constitutional law of foreign
affairs. Along with numerous articles, he is co-author (with Bruce Ackerman) of
Is Nafta Constitutional? (Harvard University Press 1996).
Professor Dr. Dieter
Grimm Former Judge of the Federal Constitutional Court of
Germany, currently Professor of Law, Humboldt University Berlin, NYU School of
Law and Yale Law School, NYU Global Law School
Dieter Grimm received his law degree and a
doctoral degree from the University of Frankfurt and an LL.M. degree from
Harvard Law School. He was a Judge of the Federal Constitutional Court of
Germany from 1987 to 1999. He now teaches law at Humboldt University Berlin and
is the Director of the Wissenschaftskolleg zu Berlin, Institute for
Advanced Study. He teaches regularly at NYU Law School as a member of the
Global Law Faculty as well as at Yale Law School. He is also a member of the
American Academy of Arts and Sciences. Among his publications are: Deutsche
Verfassungsgeschichte (German Constitutional History), 3rd ed. 1995; Die
Zukunft der Verfassung (The Future of Constitutionalism), 3rd edition 2002;
Die Verfassung und die Politik (Constitution and Politics), 2001, and
the essay Braucht Europa eine Verfassung? (Does Europe need
a Constitution?), which was translated into various languages.
Professor Stephen
Holmes Professor of Law, New York University School of
Law
Stephen Holmes is currently Professor of Law
at NYU School of Law. From 1979 to 1985 he taught at the Department of
Government at Harvard University. From 1985 to 1997, he was Professor of
Politics and Law at the Law School and Political Science Department of the
University of Chicago. From 1997 to 2000, he was Professor of Politics at
Princeton. His fields of specialization include democratic theory, the history
of liberalism, the disappointments of democratization after communism, the
Russian criminal justice system, and the problem of combating terrorism within
the limits of liberal constitutionalism. He is the editor-in-chief of the East
European Constitutional Review. He is the author of Benjamin Constant and
the Making of Modern Liberalism (Yale University Press, 1984), The
Anatomy of Antiliberalism (Harvard University Press, 1993), Passions and
Constraint: On the Theory of Liberal Democracy (University of Chicago
Press, 1995), and co-author (with Cass Sunstein) of The Cost of Rights: Why
Liberty Depends on Taxes (Norton, 1999).
Advocate General Francis Jacobs
QC Advocate General at the Court of Justice of the
European Communities
Advocate General at the Court
of Justice of the European Communities since 1988. Professor of European Law,
University of London from 1974 to 1988. Barrister; Queen's Counsel; Bencher
(Middle Temple). Author of several books on European law; Founding editor of
the Yearbook of European Law and General editor, Oxford EC Law Library
(formerly Oxford Series on European Community Law). A visiting professor,
King's College London since 1989, a governor of the British Institute of Human
Rights since 1985 and a governor at the Inns of Court School of Law, 1996-2001.
His awards include Commandeur de l'Ordre de Mérite, Luxembourg 1983;
Fellow, King's College London 1990; Hon. LL.D., University of Birmingham 1996;
Hon. DCL, City University 1997; and Hon. Fellow, Society of Advanced Legal
Studies 1997.
Justice Anthony M.
Kennedy Associate Justice, Supreme Court of the
United States
Justice Kennedy practiced law
in San Francisco beginning in 1961 and then returned to Sacramento where he had
a solo practice in general litigation and transactions law. He formed a
partnership in 1967 and continued to practice until appointed to the Court of
Appeals for the Ninth Circuit by President Gerald Ford in 1975. He was then the
youngest appellate judge in the United States, and, at that time, was the third
youngest in history to be appointed to a federal appellate bench. Justice
Kennedy was educated at Stanford, the London School of Economics, and the
Harvard Law School. He holds an A.B. with great distinction from Stanford
University and an LL.B. with cum laude from the Harvard Law School. In
California during his practice and his years on the bench, he taught
Constitutional Law at the McGeorge School of Law at the University of the
Pacific. He also for many years has taught a course sponsored by the University
of the Pacific in conjunction with the University of Salzburg, Austria. He
continues to present that course, which is entitled Fundamental Rights in
Europe and the United States. Justice Kennedy has lectured in law schools
and universities throughout the United States and in many other parts of the
world. He is a member of the Asia Law Initiative of the American Bar
Association and visits and teaches in China. Among the honors and awards he has
received are the John Marshall Award from the American Bar Association; the
Lewis Powell Award from the American Inns of Court; the Thomas Jefferson Award
from the University of Virginia; and the Learned Hand Award from the Bar
Association of the City of New York.
Professor Mattias
Kumm Assistant Professor of Law, New York University
School of Law
Professor Kumm studied Law, Philosophy and
Political Sciences in Kiel, Paris and Cambridge MA before assuming a
Professorship at NYU School of Law. His teaching and research interests focus
on American, European and Comparative Constitutional Law, International Law and
Jurisprudence.
Judge Koenraad Lenaerts Judge of
the Court of First Instance of the European Communities
Lic. iur., PhD in Law (Leuven),
LL.M., M.P.A. (Harvard). Professor of European Law, Director of the Institute
of European Law at the University of Leuven, and Judge of the Court of First
Instance of the European Communities (Luxembourg). He has been Visiting
Professor of Law at Harvard Law School, the Université Robert Schuman de
Strasbourg and the College of Europe (Bruges). His publications include Le
juge et la constitution aux États-Unis d'Amérique et dans l'ordre
juridique européen (Brussels, Bruylant, 1988), Constitutional Law
of the European Union (with Piet Van Nuffel, London, Sweet & Maxwell,
1999), Procedural Law of the European Union (with Dirk Arts, London,
Sweet & Maxwell, 1999) as well as various articles on European Union law
and comparative constitutional law in a large number of Belgian and foreign law
journals. In addition, he is a Member of the Academia Europaea.
Professor Dr.
Gertrude Lübbe-Wolff Judge of the Federal
Constitutional Court of Germany
Law Studies at the Universities
of Bielefeld and Freiburg and at Harvard Law School (LL.M); post-graduate
practical legal training in Freiburg (1969-1977). Dr. jur. (Freiburg 1980).
Senior research assistant/ junior lecturer at the University of Bielefeld
(1979-1987). Habilitation at the University of Bielefeld, venia legendi for
Public Law, Modern Constitutional History and Philosophy of Law (1987).
Director of municipal administration, local government of Bielefeld
(1988-1992). Professor of Public Law, Faculty of Laws, University of Bielefeld
(since 1992). Deputy Judge at the Constitutional Court (Verfassungsgerichtshof)
of North Rhine-Westphalia. (1996-2000). Executive Director for
Interdisciplinary Research (Zentrum fur interdisziplinaire Forschung),
University of Bielefeld (1996- March 2002). Leibniz Award by the Germany
Council of environmental advisors (Rat von Sachverstandigen fur Umweltfragen)
(2000-March 2002). Judge of the Federal Constitutional Court (Second Senate).
Professor Dr. Miguel
Poiares Maduro Professor of European and International
Law at the Universidade Nova de Lisboa
He is a Doctor of Laws by the European
University Institute (Florence) where he was also a research-assistant and
Fellow. He is also an external Professor at the College of Europe (Natolin),
Instituto Ortega y Gasset (Madrid), and the Institute of European Studies of
Macao (China). He has taught at numerous other places including the European
Masters on Human Rights and Democratisation and the Dubrovnik Summer Academy on
Human Rights. He has been a Fulbright Visiting Research Scholar at Harvard Law
School. He is Co-Director of the Academy of International Trade Law (Macao). He
co-edited with Joseph Weiler the Special Book Review Issue of the European Law
Journal and is currently a member of the editorial board of the same journal.
He is co-editor with Francis Snyder of the Hart Publishers Series Studies in
European Law and Integration. He was the first winner of the Rowe and Maw Prize
and winner of the Prize Obiettivo Europa (for the best PhD thesis at the EUI).
He is the author of We the Court - The European Court of Justice and the
European Economic Constitution (Oxford, Hart Publishing, 1997) and is
currently preparing with Damian Chalmers a textbook on EU Law to be published
by Cambridge University Press. He has published in several languages on issues
of EU Law European Constitutionalism, International Trade Law, Governance
Issues and Human Rights.
Justice Sandra
Day O'Connor Associate Justice, Supreme Court of
the United States
B.A. and LL.B. from Stanford
University. Deputy County Attorney of San Mateo County, California from
1952-1953 and civilian attorney for Quartermaster Market Center, Frankfurt,
Germany from 1954-1957. From 1958-1960, she practiced law in Maryvale, Arizona,
and served as Assistant Attorney General of Arizona from 1965-1969. She was
appointed to the Arizona State Senate in 1969 and was subsequently reelected to
two two-year terms. In 1975 she was elected Judge of the Maricopa County
Superior Court and served until 1979, when she was appointed to the Arizona
Court of Appeals. President Reagan nominated her as an Associate Justice of the
Supreme Court, and she took her seat September 25, 1981.
Judge Valerio
Onida Judge of the Constitutional Court of the
Republic of Italy
Judge Onida was born in 1936,
lives in Milan and is a lawyer and a Professor of Constitutional, Public and
Regional Law as well as Constitutional Adjudication in the Universities of
Verona, Sassari, Pavia, Bologna and Milan from 1966 until 1996. He is currently
a Justice at the Constitutional Court of Italy and has been since 1996.
Professor Pasquale
Pasquino Directeur de recherche at the CNRS, Paris and
Visiting Professor in Politics and Law at NYU, NYU Global Law
School
Professor Pasquale Pasquino, Directeur de
recherché at the CNRS, Paris and Visiting professor in Politics and Law
at NYU. Professor Pasquino has been researching and teaching in the following
institutions: Collège de France, Paris; Max-Planck-Institut für
Geschichte, Göttingen; King's College, Cambridge; The University of
Chicago; Università di Torino; Ecole Normale Supérieure, Paris;
Institut d'Etudes Politiques, Paris; Université de Paris I - Sorbonne,
Paris. He has published 3 books and 70 articles on the history of political and
constitutional theory, and works presently on constitutional adjudication and
democracy.
Professor Dr.
Francisco Rubio Llorente Former Judge of the
Constitutional Court of Spain
Emeritus Professor of
Constitutional Law in the Universidad Complutense de Madrid, at present Jean
Monnet Professor of Law, Chair and Director of the European Studies Program,
Instituto Universitario Ortega y Gasset. He was for twelve years (1980-1992) a
Justice of the Tribunal Constitucional. For three years (1977-1980) he was
Secretary General of the Cortes.
Lord Scott of
Foscote Lord of Appeal in Ordinary, United Kingdom
House of Lords
Lord Scott was brought up in South Africa,
and attended Cape Town University and Trinity College Cambridge. He became a
Lord of Appeal in Ordinary in 2000 after eight years as a Chancery Judge, three
years in the Court of Appeal and six years as Vice-Chancellor. He was Head of
Civil Justice from 1995 to 2000. From 1992 to 1996 he conducted the "Arms to
Iraq" inquiry. His Report was published in February 1996. As well as sitting in
the House of Lords on appeals, he chairs the House sub-committee scrutinizing
EU draft legislation.
Lord Justice
Stephen Sedley Lord Justice of Appeal, Court of
Appeal of England and Wales
Graduated in 1961 from Cambridge University
where he was an entrance scholar, and practiced at the Bar for 28 years,
principally in the fields of civil liberties and discrimination law, until 1992
when he was appointed a judge of the Queen's Bench Division of the High Court.
He became a Lord Justice of Appeal in January 1999. He has written and lectured
on legal topics and has edited the writings of the 17th century constitutional
writer John Warr. He was a visiting professorial fellow at Warwick University
in 1981 and a Distinguished Visitor at Hong Kong University in 1992. He is at
present an honorary professor of law at Warwick University and the University
of Wales, Cardiff, and Judicial Visitor at University College, London. He holds
honorary doctorates of the Universities of North London, Nottingham Trent,
Bristol, Warwick, Durham and Hull. In 1997 he was the visiting Laskin Professor
at Osgoode Hall Law School, Ontario, and in 1998 was a visiting fellow at
Victoria University, Wellington, New Zealand. He has delivered the 1995 Paul
Sieghart Memorial Lecture, the 1996 Radcliffe Lectures (with Lord Nolan), the
1998 Hamlyn Lectures and the 2001 MacDermott Lecture and Atkin Lecture. He
chaired the Judicial Studies Board's working party on the Human Rights Act
1998, and has since 1999 been President of the British Institute of Human
Rights.
Professor Eric
Stein Hessel E. Yntema, Professor Emeritus of Law at the
University of Michigan
Received a doctor of law degree from the
University of Michigan Law School, and from Charles University, Prague. He also
received Honorary Doctor of Law degrees from both Free Universities in
Brussels, Belgium and from the West-Bohemian University in the Czech Republic.
He served in the United States Department of State and was a member of the U.S.
Delegation to the UN General Assembly and the Security Council. Professor Stein
introduced the teaching and study of European Community law in the United
States and is the author of books and numerous articles on that subject and on
issues of international and comparative law and federalism. He taught and
lectured widely in the United States, Europe, China and Japan and was a member
of an international group which consulted with Czech and Slovak experts on
constitutional problems. Professor Stein received a Medal of Merit First Degree
for his outstanding scholarly achievements from the former President of the
Czech Republic, Vaclav Havel.
Justice
Clarence Thomas Associate Justice, Supreme Court
of the United States
Attended Conception Seminary and received an
A.B., cum laude, from Holy Cross College, and a J.D. from Yale Law School in
1974. He was admitted to law practice in Missouri in 1974, and served as an
Assistant Attorney General of Missouri from 1974-1977, an attorney with the
Monsanto Company from 1977-1979, and Legislative Assistant to Senator John
Danforth from 1979-1981. From 1981-1982, he served as Assistant Secretary for
Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal
Employment Opportunity Commission from 1982-1990. He became a Judge of the
United States Court of Appeals for the District of Columbia Circuit in 1990.
President Bush nominated him as an Associate Justice of the Supreme Court, and
he took his seat October 23, 1991.
Professor Neil
Walker Professor of European Law at the European
University Institute in Florence
Previously held positions in the
Universities of Edinburgh and Aberdeen. He has written extensively on questions
of the relationship between national constitutional law and the European legal
order, on the development of a constitutional philosophy and doctrine for the
European Union, and on the dynamics of legal integration in questions of
internal security and criminal justice. His most recent book is an edited
collection, Sovereignty in Transition (Hart, 2003).
Professor Joseph
Weiler University Professor and European Union Jean
Monnet Chair, New York University School of Law
J.H.H. Weiler is University Professor and
European Union Jean Monnet Chair at NYU School of Law. He is Director of the
Global Law School Program as well as the Jean Monnet Center for International
and Regional Economic Law & Justice. He is also Professor at the College of
Europe in Bruges, Belgium, and Honorary Professor at University College London
and in the Department of Political Science at the University of Copenhagen. He
has previously been Professor of Law at the European University in Florence,
Italy, at the Michigan Law School and a Chaired Professor at Harvard Law
School. He is a Fellow of the American Academy of Arts and Sciences. He
received a doctorate Honoris Causa from London University and from the
University of Sussex. He served as a member of the Committee of Jurists of the
Institutional Affairs Committee of the European Parliament and was a member of
the Groupe des Sages advising the Commission of the European Union on the
1996/97 Amsterdam Treaty and the Commission White Paper on Governance. He is a
WTO Panel Member. His recent publications include The European Court of
Justice (OUP 2001 with G. de Burca), The EU, the WTO and the NAFTA
(OUP, 2000), The Constitution of Europe Do the New Clothes have an
Emperor? (CUP, 1998).
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