Et. Seq: The Harvard Law School Library Blog

Introducing the Wolters Kluwer’s Online Study Aid Library

The Law Library is happy to introduce the Wolters Kluwer’s online study aid library as a resource to you.  Please take advantage of the online subscription with over 200 popular study aids! The online library is available to you 24/7 and you can begin using it TODAY.

Some of the study aids available are Examples & Explanations, Emanuel Law Outlines, Glannon Guides, and many more! The Wolters Kluwer online study aid library offers you the ability to access this content online; download PDF versions for offline reading; and take notes, highlight and/or bookmark content with an optional personalized account.

Access is now available at  https://login.eresources.law.harvard.edu/login?url=https://ebooks.aspenlaw.com/.

Please refer to the document below when registering for your free subscription:

WKOSAL_StudentUserGuide_IPRange

Scanning Nuremberg: Notes on the IMT

Post by Matt Seccombe, January 9, 2019

During November and December I worked on the prosecution documents concerning four institutions charged as being criminal organization (the party leadership, the cabinet, the SA, and the SS), with the documents on the plundering of artworks added as an illustration. This amounted to 232 documents and 996 pages of material. The totals for the year on the IMT (not including the final work on NMT 9) are 1420 documents and 8439 pages.

IMT and NMT compared: The NMT cases followed the IMT, but I worked on six NMT cases before starting the IMT. The striking difference is the complexity of the IMT. As far as I know there was no precedent for the IMT, and little time for preparation: the trial began just six months after the end of the European war. In addition, four different countries (US, UK, France, and the USSR) worked on the prosecution and appointed judges. Both the transcript and the trial documents reflect the complications and sometimes the confusions that resulted. Following the order in the trial (i.e., the transcript) means skipping from box to box in the collection. The transitions in the prosecution case, from one country to another and one subject to another, were not always neat. The document books were not always clearly identified. (One asset is a copy of the published IMT record, 42 volumes, aka the “Blue Set,” which has helpful document lists and indexes—but also its own share of errors and typos.) In contrast, the NMT cases were run by the US alone, and with the benefit of the IMT experience; those cases were much easier to follow and the documents were much better organized and identified. In the IMT work, I have needed to spend more “overhead” time figuring out the proceedings and tracking down the relevant documents, reducing the time available for document analysis.

Whose document is this, anyway? The most confusing IMT material (so far) is in a document book of rebuttal evidence entered late in the trial. It was prepared and labeled as a US document book, but some of the documents that became exhibits were recorded as UK or Soviet exhibits. Our database assumes that a document comes from one and only one source, so in these cases the documents were identified as being US documents, with the UK or Soviet exhibit numbers being recorded in the Notes field rather than the exhibit number field.

Party and state: The judges had considerable reluctance to consider the German government (the cabinet) as being a criminal organization, in contrast to the Nazi party. However, Hitler himself clarified the role of the government in relation to the party, when he told a party meeting in 1935: “It is not the State which gives orders to us; it is we who give orders to the State.”

The SS soldier: One German reported what he heard about a young Waffen SS man in 1943-44: “he could no longer sleep because he had had to take part in such horrible crimes in the East. He hoped he would be killed so that he would not have to carry these memories around with him.” (The soldier died in the war.)

The typist’s message: The 1945 sessions ended on December 20, 1945, and the mimeograph transcript (but not the published Blue Set transcript), marked the occasion: “MERRY CHRISTMAS.”

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

Researching Dockets and Court Filings

Happy new year!  I hope you had some wonderful, relaxing time off for the holidays and are getting ready to hit the ground running in 2019.

As many legal researchers know, researching court dockets to find criminal complaints and other filings can be frustrating and time-consuming.  While the subscription database BloombergLaw (https://www.bloomberglaw.com/) and its comprehensive docket database (including dockets for many state courts) has made docket research much easier than it used to be, it is always helpful to find a resource where this work has been done on the topic you are interested in already.  After all, there is no need to reinvent the wheel.

I recently found a great example of this.  The George Washington University Program on Extremism (https://extremism.gwu.edu) has created an online database of “criminal complaints, indictments, affidavits, and courtroom transcripts detailing Islamic State-related legal proceedings.” The database is available at https://extremism.gwu.edu/cases.

This is a very helpful resource for researching U.S. judicial proceedings in which criminal charges have been filed against suspected terrorists.  This database is organized alphabetically by defendant name, and, as of this writing, it includes entries for 168 cases.  Access to the database and its materials is freely available online.  The browsing interface is very clean and straightforward, and the PDFs of the scanned documents are of good quality and highly legible.

Looking for more information in general about researching court filings?  Check out our Records, Briefs, and Court Filings Research Guide at https://guides.library.harvard.edu/recordsandbriefs.

Also, the Yale Law Library has an excellent Docket Research Guide at https://library.law.yale.edu/guides/docket-research.

 

Spotlight on Research: Looking Up Legal Terms of Art

Picture of a pile of legal dictionaries and encyclopediasLaw is full of legal terms of art that are used to express a specific thing or idea in a legal context.  While some may dismiss legal language as “legalese,” the words that lawyers and legal scholars use when talking about law are important because they communicate specific legal concepts, rather than general ideas.

Take, for example, a word like fraud.  According to the Merriam-Webster dictionary, fraud is an “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right” or, more generally, “an act of deceiving or misrepresenting.”

A person can also be a fraud (suggested synonym: impostor).

If you look up the word “fraud” in a legal dictionary, the basic definition is largely the same.  However, that is not the end of the story.

The definition of “fraud” in the Bouvier Law Dictionary that sits on my desk is quite a bit longer than the Merriam-Webster definition.  According to Bouvier, a fraud can be “actual” (“affirmative statement of misrepresentation”) or “constructive” (when the actor, knowing that it will be relied upon by someone to his or her detriment, “conceals a fact or is silent regarding it”).  Fraud can be a criminal action, and it can also void a contract.

That said, not everything that people may think is “fraud” actually is.  According to Bouvier, “a statement that is too outlandish to be reasonably believed, one that requires illegal conduct in order to rely upon it, or one that is too general to be the basis for specific reliance may not be fraudulent.”

So, before a (good, responsible) lawyer tosses around a term like “fraud” or “fraudulent” to describe an action or a person, he or she should probably double-check its legal definition, especially since the use of that word may have legal implications in both civil and criminal contexts.  Because language is important to lawyers and legal scholars, we should know where to look up legal terms of art to make sure that we understand and are using them correctly.  The law library has a lot of resources for this type of research.

Legal dictionaries like the Bouvier Law Dictionary described above provide legal definitions of words and phrases.  Both the Westlaw and Lexis Advance subscription databases include legal dictionaries in their collections.  One of the most well-known American legal dictionaries, Black’s Law Dictionary, is available through Westlaw.  To access it, in the Westlaw home screen’s search box, start typing “Black’s Law Dictionary” and select it from the drop-down menu that appears below the search box.

Harvard’s libraries have more than 600 titles that are classified as legal dictionaries that were published in 2000 or later.  To view a list of them, run this HOLLIS search: subject = law AND dictionaries; date limit = 2000-2018; location limit = in library.

You will see, when you run this search, that many of the dictionaries are not in English.  Some of them are exclusively in another language, while others are multilingual legal dictionaries, which provide translations of legal terms.

Tip: Even if you were a  ______ (language) major in college, you might not know what a __________ word means when it is used in a legal context.  It is also not a good idea to blindly trust Google Translate to get it right.  If you want to be sure of its legal meaning, take the time to look it up in a legal dictionary.

While legal dictionaries are great for basic definitions, what if you need just a little bit more information — maybe not as long as a book or an article, but just a few more paragraphs to provide additional context?  This is the role that legal encyclopedias were created to fill.

Two well-known American legal encyclopedias are American Jurisprudence and Corpus Juris Secundum.  The law library has both of these encyclopedia sets in print in the main reading room; however, they have not been updated in a few years.  Fully updated versions of both are available electronically through Westlaw.

Legal encyclopedias can focus on a narrow area of law, or be quite broad.  They are published in many jurisdictions and languages.  Some are multidisciplinary, such as the Oxford Encyclopedia of the Bible and Law, which is available in the Harvard Divinity School Library’s reference collection.

To view a list of the more than 200 legal encyclopedias in the Harvard libraries’ collections that have been published since 2000, run this HOLLIS search: subject = law AND encyclopedias, date limit = 2000-2018; location limit = in library.

Finally, a little story.  Right before I quit my former job to go to law school, the lawyer I worked for gave me a copy of Black’s Law Dictionary as a gift.  I didn’t know what to make of it at the time.  Now, however, I see the thoughtfulness of that choice.  He knew how important words are to lawyers, and that we must have the tools we need to make sure we’re using those words correctly.

Last Chance: Exhibit on HLS Student Orgs Closing Soon!

If you have not yet seen our exhibit on HLS student organizations, Spicy Reforms and Crystallizing Clap Trap, now is the time. Due to a January filming project in the Caspersen Room, the exhibit must close on Friday, December 21. A sneak peek is available here, but there’s so much more to see in person. Take a quick study break and visit the Caspersen Room, fourth floor of Langdell Hall, daily between 9 and 5 to see it all!

Research at the Law Library

IMPORTANT NOTE:
Right now, it is exam period at the law school, and the law library is filled to capacity with studying law students.  During this time, with very limited exceptions, the law library is only open to current HLS affiliates and an HLS ID card must be shown to gain admission.  For more information, inquire at the circulation desk.  The telephone number is (617) 495-3455.

I recently gave a library tour to a group of conference attendees here at the law school.  Like many visitors of this nature, they asked me about opportunities to come and research at the law library.  So I thought I’d do a quick blog post about it, with links to the relevant websites that provide more information.

For general information about the law library’s admission policy, visit the Admission to the Library page on our website.  This page includes a link to the form that anyone who is not a Harvard student or a member of the Harvard staff or faculty must fill out to be admitted to the library, including HLS alumni.  The form requires you to indicate your affiliation information, and provides information about admission fees, if they are applicable to your situation.

If you have an academic affiliation, and are wondering whether you can access our library for research and how much, if anything, it would cost, this form will likely answer that question for you.  However, if you would like more more information, you may send an email to access@law.harvard.edu.

The HLS Graduate Program has a Visiting Scholar / Visiting Researcher Program, for which admission is competitive and which has admitted law professors and graduate students from all over the world to conduct research related to specified scholarly projects.  Participants in this program are in residence at the law school, which provides them admission to the law library, for either a semester or an academic year.

Finally, in each of the last several years, the law library’s Library Innovation Lab has sponsored a summer fellows program, during which fellows work on their own projects and on other projects in collaboration with Lab members.  The website does not have information yet about the 2019 summer fellows program, but stay tuned!

PaperShip: Access Your Zotero-Stored Sources on your Phone

I have spent a lot of time this semester learning and using the Zotero citation management software, which provides researchers with a way to store and organize resources for scholarly writing projects.  Our LLM students often ask us about Zotero, so I decided to learn it myself and offer a class in it.  I gave this class several times, and discussed the following:

  • Installing and Configuring Zotero on Your Computer
  • Using Zotero with Harvard’s HOLLIS Library Catalog
  • Using Zotero to Generate Citations for Your Paper

The last topic was, of course, of the most interest to our LLM students, since many of them are foreign-trained lawyers who are unfamiliar with (and do not really want to learn the fine details of) the Bluebook.  While I get that, I also want them to realistically know what Zotero can and cannot do in terms of Bluebook-proper citation.  Spoiler alert: it handles some types of sources well and some others not so well, and unless you know the Bluebook you won’t be able to fix the automatically-generated citations that are incorrect according to the Bluebook rules.

I have posted the slides for the Zotero class I gave this semester in my Zotero Training for LLM and SJD Students research guide.  You are welcome to check them out if you are interested in learning more about how Zotero works, and the benefits it can provide when writing a work of legal scholarship.  If you are affiliated with Harvard, and use your Harvard email address when you create your Zotero account, you will have free unlimited storage.

On a related note, I just wanted to put in a quick word about a new app that I discovered recently, PaperShip.  You can install this app on your phone to get immediate access to the sources you have stored in your Zotero account.

This is so great!  I was doing some research yesterday for an article that I am working on, found some articles that would be helpful, and saved them to Zotero.  Through PaperShip, I was able to call up the PDF of one of those articles in about 2 seconds, and read it on the train during my commute to work this morning.  When compared to scrolling through political fights on Twitter, what a superior (and less aggravating) use of that time!

The free version of PaperShip provides access to your sources only.  There also appears to be an add-on, available for purchase, that you can use to highlight PDFs and make notes in them.  These annotations, it is claimed, are then synced right back up to your Zotero account.  I am going to test out this add-on and report back on it.  But even add-on free PaperShip is a productivity-enhancing winner as far as I’m concerned, and I recommend it.

Library Renovation

We completed the first phase of renovation in Langdell Hall. The library team vacated two floors of Areeda Hall (about 5,000 square feet), and are at the tail end of consolidating our collection from Lewis Hall into Langdell. As a result of these consolidations, we made some changes to the 2nd and 3rd floors of Langdell.

What is new?

Private Talking Spaces

In the elevator lobby on 3, we encourage you to use our private talking spaces. After testing a prototype last year, we learned that private talking spaces met a critical need of a private place to take and make calls. We encourage you to step inside and take that call from a potential employer, or check in with your family and friends.

Printers, scanners and database terminals
Opposite the Private Talking Spaces you will find a dedicated room for the library’s book scanners, database terminals, and printer/copier/scanners connected to Papercut.

Research assistance & educational technology
Ever have trouble finding a librarian or members of our TLC (educational technology) staff? They’ve moved to the 3rd floor. In our new Reference/TLC space, you can meet with our team of librarians and staff – experts in using technology for teaching and learning and in finding and using legal and non-legal information for academic and practice purposes. We encourage to meet with a librarian about your research needs and to hone your legal research skills in formal and informal workshops.

Study space
You will also find four large study rooms available for student use after 5pm. Our three group study rooms are available for reservation in the HLS room booking system. Our largest conference room, previously unavailable and located on the 5th floor of Areeda, now Langdell 394, is open after 5pm and offers another space to study or work collaboratively. This room cannot be reserved.

The 3rd floor also offers study carrels on 3N, tables and soft seating on 3S, and small tables for study or playing chess along the balcony.

Food Policy
We have revised our food policy to accommodate those who need sustenance, but don’t want to pull away from their work. Please enjoy a snack and drinks (in lidded containers) in the library. We still prohibit full meals (and odiferous foods) from the library. So head over to the Hark for breakfast, lunch or dinner. Taking a study break is necessary for effective learning.

But what about….

Study space? This summer’s renovation was the first phase, in response to space needs, of making improvements to the library. Next summer, we will launch a second renovation to improve the space on Langdell 2.

We hope to offer maximum flexibility to the space while providing a variety of types of spaces for study and learning. Over the last two years we’ve sought input from students on their ideal library – and we are using that feedback to inform our decisions. While we won’t make everyone 100% happy, we strive to provide maximum access to our space, our resources and our expert staff.

If you have any questions, comments, ideas, or concerns please let me know. You can reach me at jokennedy@law.harvard.edu. Or swing by my office – Langdell 285. I welcome the opportunity to talk with you about space, learning, research, and how the library can be a partner in your success.

In Ruhleben Camp: Armistice Day at Ruhleben

In Ruhleben Camp follows the production schedule of the magazine created by prisoners at Ruhleben, an internment camp for British civilians in Germany during WWI. This special post by Marissa Grunes marks the centenary of Armistice Day (November 11, 1918).

The Ruhleben Camp Magazine was largely quiet in the second half of the First World War—as this blog series has been! In honor of Armistice Day yesterday and Veteran’s Day today, though, I wanted to offer a special post about the unusual end to the Great War for those passive participants, the British civilian internees at Ruhleben Camp outside Berlin.

In some ways the drama of Armistice Day was muted within Ruhleben Camp. Many internees had already been released, and those who remained were still busily engaged in camp cultural activities, with the last of the camp’s 128 theater productions opening after Armistice Day, as Davidson Ketchum notes (Ketchum, p. 240). The robust civic organization within the camp had also rendered the last year of the war comparatively gentle to Ruhlebenites. Thanks to the work of the Quaker peace activist Elisabeth Rotten and the Friends Emergency Committee, Ruhleben had access to a steady stream of books and scientific instruments as well as support funds, as the historian Matthew Stibbe relates (Stibbe, p. 144-6), and although the Ruhleben Camp Magazine seems to have closed its editorial offices in the summer of 1917, the Ruhleben Camp School (jocularly called Ruhleben University) remained in full swing (Ketchum, p. 198; In Ruhleben, p. 226). Meanwhile, “standardised” parcel delivery service, various clubs, and the civic administration were also still active (Ketchum, pp. 8).

Ruhleben Theatre, Diplomacy, June 1918. Maurice Ettinghausen collection of Ruhleben civilian internment camp visual materials. Harvard Law School Library. Image ID W422714_1

Ruhleben School of Fencing, March 1918. Maurice Ettinghausen collection of Ruhleben civilian internment camp visual materials. Harvard Law School Library. Image ID W423485_1

This bureaucratic organization was in some cases life-saving. When the Spanish flu struck Germany, leaving 187,000 German civilians and thousands of POWs dead, Ruhleben’s civilian camp authorities leaped into action, imposing quarantines and closing off parts of the camp, including the theatre and cinema. As a result, Ruhleben lost only two men (Stibbe, p. 151).

 

 

 

Ruhleben was also one of the few places in the region with sufficient food: after living behind the Allied blockade for nearly four years, Germans were dying of starvation, yet food parcels continued to arrive at Ruhleben (Stibbe, p. 70). The difference was so stark that in October 1918, the Berliner Illustrierte Zeitung carried a feature-length article claiming that a German businessman, one Herr Wittkowski, had asked the Ruhleben commandant to take his sons into the camp to be fed and receive an education (Stibbe, p. 149). One internee later recalled how he and his messmates, fearing that hungry Berliners might raid the camp, went so far as to bury a cache of food in what “was ostensibly a window-box…with emergency rations of canned beef, tripe, etc., and a few flowers planted on top.” He concludes gratefully, “We never needed it” (quoted in Stibbe, p. 153).

The upshot was that Armistice Day mattered less for the internees at Ruhleben Camp than did the chaos sweeping Germany. In early November 1918, German sailors in Kiel resisted orders to take to the seas for a final hopeless battle against the British. As the German imperial government crumbled, revolutionary sentiment spread, reaching Ruhleben on November 8, 1918, when the German guards followed the lead of their countrymen across Europe and deposed their officers. The guards then joined the prisoners in signing a “declaration of brotherhood” between the German and English people, and “hoisted the red flag before setting the prisoners free” (Stibbe, p. 16). The next day, the German republic was proclaimed by the socialist parliamentarian Philipp Scheidemann from the balcony of the Reichstag in Berlin: “That which is old and rotten, the monarchy has collapsed. Long live that which is new, long live the German republic!” Only a few hours later, a revolutionary admirer of Soviet Russia, Karl Liebknecht, walked up the stairs of the nearby imperial palace to instead proclaim a “free socialist German republic.”

This tension between the moderate and radical socialist revolutionaries cost Liebknecht his life weeks later and would persist throughout the years of Germany’s new Weimar Republic. Nevertheless, revolutionaries in 1918 hoped that socialism would inaugurate a new era in German history. Monarchism, it seemed, had torn the world apart, and socialism promised to heal it. Although this hope was short-lived, it glows from the declaration of peace and fraternity, signed by the inmates and guards at Ruhleben. I would like to conclude by reprinting the opening, as quoted by Matthew Stibbe:

“ENGLISHMEN! Brothers from over the Channel. It is tragic, deeply tragical, that a million dead on both sides were necessary in order to bring home to us that after all we are brothers, and members of the same race. Have Germans and British ever, until now, torn each other to pieces? From impressions gained in competent circles yesterday, it is our personal opinion that your release is only a matter of days. When you are at home again, let it be your task to make known that the German people, in spite of all its victories, still retained sufficient strength to take its destiny into its own hands and this time to keep it there. Let your aim be to make known that the German people, in this, its time of greatest need, which is also the proudest period of its history, instinctively casts its eyes across the water, looking for help.” (p. 155)*

* Jamie McSpadden kindly contributed his substantial expertise on modern German history to this post. Jamie is a Visiting Postdoctoral Fellow at the German Historical Institute in Washington, DC.

 

Bibliography & Further Reading

Ketchum, J. Davidson. Ruhleben: A Prison Camp Society. With a Foreword and Postscript by Robert B. MacLeod. Canada: University of Toronto Press, 1965. Foreword (Ithaca, NY, April 1964)

In Ruhleben: Letters from a Prisoner to His Mother. Edited and with an introduction by Douglas Sladen. Including “Civilian Prisoners: the Case for a Wholesale Exchange” by Sir Timothy Eden. London: Hurst and Blackett, Ltd. Paternoster House, E.C., 1917.

Stibbe, Matthew. British civilian internees in Germany. The Ruhleben camp, 1914-18. Manchester and New York: Manchester University Press, 2008.

 Marissa Grunes is a PhD candidate in English Literature at Harvard University, focusing on transatlantic literature of the late 19th and early 20th centuries. Her dissertation project explores frontier architecture in 19th century poetry, fiction, and non-fiction of the United States.

Book Talk: Written in Stone: Public Monuments in Changing Societies, Wednesday, November 14 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of the Twentieth Anniversary Edition of Sanford Levinson’s Written in Stone: Public Monuments in Changing Societies (Duke Univ. Press, Oct. 5, 2018).  Sanford Levinson is the W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law at the University of Texas Law School and Visiting Professor of Law at Harvard Law School.  Professor Levinson will be joined in discussion by Boston Globe Columnist Jeff Jacoby; Randall L. Kennedy, Michael R. Klein Professor of Law at Harvard Law School; and Bruce Mann, Carl F. Schipper, Jr. Professor of Law at Harvard Law School.

Wednesday, November 14, 2018, at noon
Harvard Law School WCC Milstein West B (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Written in Stone poster

About Written in Stone: Public Monuments in Changing Societies

“From the removal of Confederate monuments in New Orleans in the spring of 2017 to the violent aftermath of the white nationalist march on the Robert E. Lee monument in Charlottesville later that summer, debates and conflicts over the memorialization of Confederate “heroes” have stormed to the forefront of popular American political and cultural discourse. In Written in Stone Sanford Levinson considers the tangled responses to controversial monuments and commemorations while examining how those with political power configure public spaces in ways that shape public memory and politics. Paying particular attention to the American South, though drawing examples as well from elsewhere in the United States and throughout the world, Levinson shows how the social and legal arguments regarding the display, construction, modification, and destruction of public monuments mark the seemingly endless confrontation over the symbolism attached to public space.

This twentieth anniversary edition of Written in Stone includes a new preface and an extensive afterword that takes account of recent events in cities, schools and universities, and public spaces throughout the United States and elsewhere. Twenty years on, Levinson’s work is more timely and relevant than ever.” — Duke University Press

More About Written in Stone: Public Monuments in Changing Societies

“Sanford Levinson has written a wonderfully wise and informed essay on the issue of how we commemorate the past when the past keeps on changing.” — Nathan Glazer, author of, We Are All Multiculturalists Now

“Much has been written about the controversy over public presentations of history, but rarely has the question of how to memorialize our past received the thoughtful, incisive, and fair-minded analysis provided by Sanford Levinson.” — Eric Foner, author of, The Story of American Freedom

Sanford Levinson

 

 

 

Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law at the University of Texas Law School and Visiting Professor of Law at Harvard Law School

 

Jeff Jacoby

 

 

 

Boston Globe Columnist Jeff Jacoby

 

 

Randall Kennedy

 

 

 

 

Randall L. Kennedy, Michael R. Klein Professor of Law at Harvard Law School

 

Bruce Mann

 

 

 

 

Bruce Mann, Carl F. Schipper, Jr. Professor of Law at Harvard Law School.

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