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'law' in all fields;
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Displaying Results 51 - 75 of 605 on page 3 of 25
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On the law reforms which have been successfully advocated by the Trades Union Congress, and the further law reforms which they now seek
(1881)
Hancock, W. Neilson
On the law reforms which have been successfully advocated by the Trades Union Congress, and the further law reforms which they now seek
(1881)
Hancock, W. Neilson
Abstract:
When I learned that the Trades Union Congress, which has held twelve annual meetings, had fixed its next meeting to be held in Dublin, in September—thus visiting Ireland for the first time, I made some inquiries as to their proceedings and publications. One of the most recent of these is a letter from the Parliamentary Committee of the Congress, to the late Home Secretary, referring with satisfaction to the action of Parliament in passing the Summary Jurisdiction Act of 1879 for England and Wales. The Committee refer to this measure as of immense value in improving the administration of justice, and in securing the liberty of Englishmen.
http://hdl.handle.net/2262/8462
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Mark
The Evidence of Child Witnesses - Where Rules of Evidence and the Constitution Collide
(2007)
Casey, Rachel
The Evidence of Child Witnesses - Where Rules of Evidence and the Constitution Collide
(2007)
Casey, Rachel
Abstract:
This thesis explores the development and reform of particular aspects of the law of evidence relating to child witnesses as informed by the changing orthodoxy advanced by psychologists - and adopted by the law - regarding, in particular, the capabilities and reliability of children as witnesses. Three principal areas of the law of evidence relating to children are scrutinised, namely: (i) the competence of children as witnesses; (ii) the corroboration requirements attaching to the evidence of children; and (iii) the examination of child witnesses and the statutory ’special measures’ designed to facilitate the reception of evidence from such witnesses.
http://hdl.handle.net/2262/40110
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Jurisdictions and Causes of Action: Commercial Considerations in Dealing with Bullying, Stress and Harassment Cases-Part II
(2008)
Neligan, Niall
Jurisdictions and Causes of Action: Commercial Considerations in Dealing with Bullying, Stress and Harassment Cases-Part II
(2008)
Neligan, Niall
Abstract:
<p>In the concluding part of this two part article, the author will<br />examine how the courts have developed rules for dealing with<br />tortious claims for psychiatric injuries arising out of bullying, stress<br />and harassment cases. The article will examine whether it is<br />desirable to consolidate and codify employment rights law in order<br />to provide clarity to prospective litigants. Finally, the author will<br />argue that if codification is required, then this will necessitate a<br />change in the nature of present jurisdictions for bringing claims<br />involving bullying, stress and harassment in the workplace.</p>
http://arrow.dit.ie/aaschlawart/22
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Mark
Air Passenger Rights:a New Departure in European Aviation Law
(2006)
Neligan, Niall
Air Passenger Rights:a New Departure in European Aviation Law
(2006)
Neligan, Niall
Abstract:
<p>The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,<br />outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact<br />it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement bodies will attempt to implement the provisions of the Regulation and the likely difficulties that may be encountered where “extraordinary circumstances” arise.</p>
http://arrow.dit.ie/aaschlawart/23
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Why Customary Law Matters: The Role of Customary Law in the Protection of Indigenous Peoples' Human Rights
(2011)
Tobin, Brendan Michael
Why Customary Law Matters: The Role of Customary Law in the Protection of Indigenous Peoples' Human Rights
(2011)
Tobin, Brendan Michael
Abstract:
For millions of Indigenous peoples around the world their own customary laws (nonstate laws they consider binding upon them) are their primary, if not their only source of law. Long marginalized and where recognized considered to lie on the lowest level of the legal hierarchy, the status of indigenous peoples¿ legal systems and most importantly of their customary laws changed dramatically in the twenty years between 1990 and 2010. During this period advances in national and international law and jurisprudence has clearly recognised the rights of Indigenous peoples to be governed by their own legal regimes and the obligation of states to respect and recognise their laws and institutions and the ancestral rights they uphold. The thesis that this study proposes is that states are legally obliged to give due respect and recognition to the customary laws of Indigenous peoples in order to secure the full and effective realization of their human rights, and that these obligations and the c...
http://hdl.handle.net/10379/2730
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The role of the Russian Federation in the Pridnestrovian conflict: an international humanitarian law perspective
(2008)
O'Reilly, Kieran; Higgins, Noelle
The role of the Russian Federation in the Pridnestrovian conflict: an international humanitarian law perspective
(2008)
O'Reilly, Kieran; Higgins, Noelle
Abstract:
Pridnestrovie, a de facto state within the territory of the Republic of Moldova, declared itself independent in September 1990, a declaration that was followed by an armed conflict between Moldova and Pridnestrovie in 1992. To date no settlement has been achieved between the conflicting parties. The situation is complicated by the fact that the Soviet Union and subsequently the Russian Federation has been involved in the conflict in various ways. This article seeks to analyse the conflict from an international humanitarian law perspective. The involvement of the Soviet Union and the Russian Federation in the conflict is of great significance because third-party involvement, depending on the level of involvement, has the potential to change the categorisation of a conflict from a non-international armed conflict to an international armed conflict. This in turn impacts on the number and nature of international humanitarian law provisions applicable to the conflict situation. As intern...
http://doras.dcu.ie/2266/
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Theories, practices and promises: human trafficking laws and policies in destination states of the Council of Europe
(2009)
Yuko, Elizabeth Ivana
Theories, practices and promises: human trafficking laws and policies in destination states of the Council of Europe
(2009)
Yuko, Elizabeth Ivana
Abstract:
With the rapidly increasing rate of migration – a by-product of a more globalised world – human traffickers have greater opportunities to exploit those who migrate to other States. A destination State can adopt one of two theoretical models when responding to human traffickers and trafficked persons: a criminal model and/or a human rights model. This dissertation examines whether international human trafficking law and destination States adopt a criminal or human rights model. Chapter 1 introduces human trafficking, describes the methodology and defines key terms. Chapter 2 establishes two theoretical models that a destination State can employ to regulate human trafficking. Chapter 3 discusses the development of international human trafficking treaties in the pre-human rights law era, from the 1880s until 1945. Chapter 4 discusses the development of international human trafficking treaties in the human rights law era, from 1945 until the present and analyses this period in terms of ...
http://doras.dcu.ie/14880/
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Report of the International Law Committee, on the impediments to the trade between the United Kingdom and America which exist in Dublin from the unsatisfactory state of the law as to foreign sailors
(1878)
Bagenal, Philip H.
Report of the International Law Committee, on the impediments to the trade between the United Kingdom and America which exist in Dublin from the unsatisfactory state of the law as to foreign sailors
(1878)
Bagenal, Philip H.
Abstract:
We requested Mr. Bagenal, one of our body, to make enquiries as to what impediments to the trade between The United Kingdom and America exist in the port of Dublin; and he wrote to the United States consul. The answer, in effect, was that the chief complaints were a lack of power to act on the side of the local authorities as well as on the side of the consul; that the United States and the United Kingdom have no treaty regarding sailors; that police aid to recover deserters is extended sometimes, and that by courtesy only. The consul's note ended with a suggestion that a reciprocal convention between the two countries would arrange matters satisfactorily.
http://hdl.handle.net/2262/8221
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Say on Pay and the SEC Disclosure Rules: Expressive Law and CEO Compensation
(2007)
Gopalan, Sandeep
Say on Pay and the SEC Disclosure Rules: Expressive Law and CEO Compensation
(2007)
Gopalan, Sandeep
Abstract:
Abstract included in text
http://eprints.nuim.ie/2416/
Marked
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Extending the Reach of the State into the Post-Sentence Period: Section 26 of the Criminal Justice Act 2007
(2008)
Rogan, Mary
Extending the Reach of the State into the Post-Sentence Period: Section 26 of the Criminal Justice Act 2007
(2008)
Rogan, Mary
Abstract:
<p>The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and the implications of their operation. Comparisons with similar provisions already in use in Ireland and also in England and Wales are drawn and insights from theoretical literature on the concept of “punishment” are utilised to assess the nature of these new developments for Irish sentencing practice. The author argues that section 26 orders represent a further example of a growing phenomenon...
http://arrow.dit.ie/aaschlawart/10
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Introducing a New Diminished Responsibility Defence for England and Wales
(2011)
Kennefick, Louise
Introducing a New Diminished Responsibility Defence for England and Wales
(2011)
Kennefick, Louise
Abstract:
A divisive law from the outset, the diminished responsibility defence has continued to arouse criticism since its inception over fifty years ago under section 2 of the Homicide Act 1957. Increasing pressure from academics, practitioners, and mental health professionals, among others, to restructure the law has resulted in a reformulation of the wording of section 2 under the unassuming auspices of section 52 of the Coroners and Justice Act 2009. This paper examines the new definition of diminished responsibility on two levels: the broader context and structural significance of the Act and section 52’s place within it; and, the technical detail of the section itself. In so doing, consideration is given as to whether the new law appeases the critics of the old, in addition to whether the Government has succeeded in bringing to bear its objectives of clarity, fairness and effectiveness.
http://eprints.nuim.ie/2914/
Marked
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Blushing Our Way Past History
(2009)
Tillman, Seth Barrett
Blushing Our Way Past History
(2009)
Tillman, Seth Barrett
Abstract:
Legal academics and the public are fascinated by both constitutional text and the processes by which it is interpreted. The precise role for legal academics in the interpretation of such charters is controverted. Doctrine and case law as established by the courts remain the core of academic legal discourse. Case law is, after all, the object about which doctrine is based, built, and extended. But the interpretation of constitutional text through case law comes with costs -- it seems to lack democratic legitimacy, and where unconnected to text and history, it has a tendency to fence out (even the well-educated) the public. On the other hand, when legal academics shift to text and history, their work gains populist credentials, but, at that point, the legal academic risks his privileged position. For the legal academic has no monopoly, or even highly developed expertise, with regard to textual exegesis or the best use of historical materials. In light of those attendant risks, I want ...
http://eprints.nuim.ie/2964/
Marked
Mark
Laying Down the Law: A Study of the Theodosian Code.
(2004)
Humphries, Mark; Matthews, J. F.
Laying Down the Law: A Study of the Theodosian Code.
(2004)
Humphries, Mark; Matthews, J. F.
Abstract:
At the outset of Laying Down the Law, John Matthews states that his book will attempt to provide âan understanding of the nature of the [Theodosian] Code and how it was producedâ, and that it will be âabout the Code itself and not about the Roman Empire portrayed in its pagesâ (vii). The nervous reader might anticipate dry exegesis of legalistic minutiae, particularly when M. goes on to express the concern that this will be his âleast âpopularâ bookâ (xi). Neither M. nor the nervous reader should be concerned. Laying Down the Law is quintessentially a Matthewsian book, sharing many of the virtues and much of the style of his Western Aristocracies and Imperial Court AD 364-425 (1975) and The Roman Empire of Ammianus (1989)
http://eprints.nuim.ie/360/
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Contract Law [annual review 1996]
(1997)
O'DELL, EOIN
Contract Law [annual review 1996]
(1997)
O'DELL, EOIN
http://hdl.handle.net/2262/26159
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Remarks of G. Shaw Lefevre, M.P., and Right Hon. Hugh Law, M.P., on preceding papers
(1878)
Shaw Lefevre, George; Law, Hugh
Remarks of G. Shaw Lefevre, M.P., and Right Hon. Hugh Law, M.P., on preceding papers
(1878)
Shaw Lefevre, George; Law, Hugh
Abstract:
G. Shaw Lefevre, M. P., who was received with applause, said he felt very much pleasure at being called on to say a few words on the very able and interesting papers they had just heard read. He felt that he owed that honour to two reasons—first, that he had recently been elected President of the Statistical Society of London, which was engaged, as they were, in investigating the condition and progress of their own and other countries, and in part also to the fact already alluded to by the chairman—that he had ventured last session, as an humble member for an English borough, to handle a purely Irish question, and move for a committee to inquire into the cause of the comparative failure of what were happily called the Bright clauses of the Land Act, and also to report whether any further measures could be taken to facilitate the acquisition of their holdings by the tenant farmers of Ireland.
http://hdl.handle.net/2262/8218
Marked
Mark
On the assimilation of the law in England, Scotland, and Ireland, as to the care of lunatics and their property
(1880)
Hancock, W. Neilson
On the assimilation of the law in England, Scotland, and Ireland, as to the care of lunatics and their property
(1880)
Hancock, W. Neilson
Abstract:
As the care of lunatics is a work of state charity, which is necessarily free from all religious or political bias, it is difficult to understand why there should be any difference in the laws on the subject in the Three Kingdoms eighty years after the Irish union, and one hundred and seventy years after the Scotch union. The sad results of this difference, so far as Ireland is concerned, have been brought before Parliament in the Report of a Commission presented in February last, which disclosed the rather startling fact that the neglected lunatics had increased from 1,500 to 3,000 in the last twenty years, that this increase arose in part from the nonextension to Ireland of the English Act of 1853.
http://hdl.handle.net/2262/8504
Marked
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On the report of the Select Committee appointed “to enquire and report whether any and what steps ought to be taken to simplify the title to land, and to facilitate the transfer thereof, and to prevent frauds on purchasers and mortgagees of land”, and on the first report of Her Majesty's Commissioners appointed “to enquire into the law relating to the registration of deeds and assurances in Ireland”.
(1880)
McDonnell, James
On the report of the Select Committee appointed “to enquire and report whether any and what steps ought to be taken to simplify the title to land, and to facilitate the transfer thereof, and to prevent frauds on purchasers and mortgagees of land”, and on the first report of Her Majesty's Commissioners appointed “to enquire into the law relating to the registration of deeds and assurances in Ireland”.
(1880)
McDonnell, James
Abstract:
To simplify the title to land and facilitate the transfer thereof must always be a subject of much interest in this country, where so large a proportion of the wealth of the inhabitants consists of land. I will therefore offer no apology for bringing under the notice of the Society this evening the Report (dated 24th June, 1879) of the Select Committee appointed to enquire and report whether any and what steps ought to be taken to simplify the title to land, and to facilitate the transfer thereof, and to prevent frauds on purchasers and mortgagees of land; and also the First Report (dated 12th August, 1879) of Her Majesty's Commissioners appointed to inquire into the law relating to the registration of deeds and assurances in Ireland. The labours of both these bodies extended over the greater part of the years 1878 and 1879, and have produced important proposals for the amendment of the law. The Select Committee treated the question principally as it affected England; the Royal...
http://hdl.handle.net/2262/8321
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Report of the Irish poor law commission
(1928)
Eason, Charles
Report of the Irish poor law commission
(1928)
Eason, Charles
Abstract:
In March, 1925, a Commission was appointed, and it is their Report, dated August, 1927, of which a summary is now submitted to you. It is possible that some of the defects in particular, cases may have been remedied, and later on I shall suggest that a return should be prepared by the Local Government Department bringing the information on matters of importance up to date. The subjects will be dealt with under the following heads :—Treatment of the Sick in Hospitals; County Homes; Dublin City and County; Classes which should be dealt with outside County, Homes; viz., Mental Defectives, Unmarried Mothers, Children; Home Assistance (Outdoor, Relief); Method of Administration; Finance.
http://hdl.handle.net/2262/4457
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Regulation of corporate control in Australia : a historical perspective
(1998)
Hutson, Elaine
Regulation of corporate control in Australia : a historical perspective
(1998)
Hutson, Elaine
Abstract:
As the process of financial and economic reform gains pace throughout the Asia-Pacific region, one important aspect that deserves the attention of business and legal analysts is the regulation of corporate control. The purpose of this paper is to describe and assess the evolution of corporate control regulation in Australia. With some important changes to takeover law about to be passed by parliament, it is appropriate and timely to reflect on the process of regulatory change that has given us our current system, so that lawmakers may avoid the errors and pitfalls of the past. This assessment of the process of regulatory change in Australia may also provide lessons for regulators in the Asia-Pacific region.[extract]
http://hdl.handle.net/10197/1960
Marked
Mark
Changing social norms and CEO pay: the role of norms entrepreneurs
(2007)
Gopalan, Sandeep
Changing social norms and CEO pay: the role of norms entrepreneurs
(2007)
Gopalan, Sandeep
Abstract:
There is an overwhelming sense of outrage and anger at perceived excesses in CEO compensation ensuring regular coverage in the popular press, and making it, arguably, the most pressing question in current corporate law. There is scarcely a day when institutional shareholders, labor unions, politicians, and small investors are not calling for action to address this alleged menace. Inevitably, the heightened scrutiny and often shrill advocacy has contributed to the apparent disesteem for CEOs, with some polls showing that only seventeen percent of the public expect CEOs to tell the truth, in contrast with twenty-five percent for members of the U.S. Congress. This state of affairs has fuelled a vigorous debate about the desirability of regulatory intervention to address the problem, with no discernible agreement about the nature and extent of regulation. The populist nature of the cause has prompted politicians to enter the fray and recent years have seen activity in Congress and the S...
http://eprints.nuim.ie/2413/
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Mark
The Treaty of Lisbon and the Reformed Jurisdictional Powers of the European Court of Justice in the Field of Justice and Home Affairs.
(2009)
Carruthers, Stephen
The Treaty of Lisbon and the Reformed Jurisdictional Powers of the European Court of Justice in the Field of Justice and Home Affairs.
(2009)
Carruthers, Stephen
Abstract:
<p>This Article analyses the jurisdictional powers of the Court of Justice of the European Union (CJEU) in respect of Justice and Home Affairs (JHA) measures both under pre-Lisbon Title VI TEU and post-Lisbon under Title V of Part Three TFEU. In Part one, it assesses the deficiencies of the pre-Lisbon system. In particular it analyses the negative consequences for legitimacy arising from the restrictions on justiciability in respect of pre-Lisbon JHA measures in light of case law of the CJEU and the European Court of Human Rights. In Part two, it outlines the genesis and substance of the reforms in the Treaty of Lisbon, including a summary of the transitional regime that will to apply to the jurisdiction of the CJEU over the pre-Lisbon acquis. In conclusion, the Article assesses the effectiveness of the Treaty of Lisbon jurisdictional reforms from the perspective of compliance with the rule of law.</p>
http://arrow.dit.ie/aaschlawart/6
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Regulating marine biodiscovery in sea areas under coastal state jurisdiction
(2009)
Long, Ronan
Regulating marine biodiscovery in sea areas under coastal state jurisdiction
(2009)
Long, Ronan
Abstract:
Marine biodiscovery is the examination of marine biological material for features that may be of value for commercial purposes. These features may include chemical compounds, genes and their products or, in some cases, the physical properties of the material in question. One of the principal attributes of biodiscovery is the commercialisation of the research or the intellectual property derived from the research. As it stands, many coastal States maintain an open access approach to marine biodiscovery. That is to say, no attempt is made to exclude the access of others or to control the collection and the subsequent use of material for the purpose of biodiscovery. There is some evidence however to support the view that biodiscovery will be most effective when governed by a range of international and national laws. Accordingly, the purpose of this paper is to identify the principal legal elements in the 1982 United Nations Law of the Sea Convention that are applicable to marine biodis...
http://hdl.handle.net/10379/1796
Marked
Mark
The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation
(2003)
Tillman, Seth Barrett
The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation
(2003)
Tillman, Seth Barrett
Abstract:
The Federalist Papers ill serves judicial opinion writing when cited for anything but analyzing the largest constitutional structures and their purposes - as opposed to the Constitution's details, which, although discussed, were not the main subject matter of contention between those supporting and those opposing ratification. Moreover, modern judicial craftsman cannot assume that each and every paper is free of error. They are not. Across the Papers are both minor and major errors of various sorts; thus, the Papers must be read and analyzed (as any other document must be) rather than casually cited (as if each and every Paper is free of defect) for the point under discussion. And, lastly, blithely relying on the rationales put forward by the Papers should not preclude our realizing that not only are some passages of the Constitution in deep tension, but rather, some passages are logically incoherent. Under these circumstances, all rationales put forward - those in the Papers i...
http://eprints.nuim.ie/2936/
Marked
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The approach of international law to wars of national liberation
(2004)
Higgins, Noelle
The approach of international law to wars of national liberation
(2004)
Higgins, Noelle
http://doras.dcu.ie/2268/
Marked
Mark
The role of trust in the mentoring experience of trainee lawyers and its influence on intention to stay in Irish law practices
(2007)
Buckley, Finian; Farrell, Colleen
The role of trust in the mentoring experience of trainee lawyers and its influence on intention to stay in Irish law practices
(2007)
Buckley, Finian; Farrell, Colleen
Abstract:
Trust and mentoring are two well researched concepts within the field of management science. However, very few studies have sought to explicitly look at the role of trust in the mentoring relationship. This study seeks to contribute to the linking of the two fields. The mentoring experiences of 289 second year trainee lawyers who were interns in law practices in the Republic of Ireland were surveyed. Their levels of trust in their formally assigned mentor was assessed and their perceptions of the effectiveness of their mentoring experience using Scandura's (1992) three function conceptualisation were measured. The role of trust in the experience of the three functions is highlighted. The research also reveals how trust in mentor and the experienced career development aspect of mentoring, predict trainee intention to stay or leave their organisation. Implications for mentoring programme development and practice are suggested.
http://doras.dcu.ie/2419/
Displaying Results 51 - 75 of 605 on page 3 of 25
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Peer reviewed (422)
Non peer reviewed (165)
Unknown (18)
Year
2012 (7)
2011 (58)
2010 (75)
2009 (71)
2008 (43)
2007 (43)
2006 (28)
2005 (24)
2004 (17)
2003 (15)
2002 (13)
2001 (11)
2000 (8)
1999 (9)
1998 (11)
1997 (9)
1996 (2)
1995 (3)
1994 (2)
1993 (2)
1992 (1)
1991 (2)
1989 (2)
1988 (2)
1987 (1)
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