PPS 8.10 Form 1A FY 2015 TEXAS STATE VITAE

I. ACADEMIC/PROFESSIONAL BACKGROUND

A. Name: Paul Adam Kens Title: Professor

B. Educational Background

Degree Year University Major Thesis/Dissertation Ph.D. 1987 The University of Texas Government Law and Politics/Legal History at Austin J.D. 1971 The University of Texas Law School of Law B.A. 1968 Northern Illinois University Political Science

C. University Experience

Position University Dates Professor of Political Science and Texas State University, San Marcos 1997-present History Associate Professor of Political Texas State University, San Marcos 1992-1997 Science Assistant Professor, Department of Texas State University, San Marcos 1987-1992 Political Science Adjunct Professor Texas Southern School of Law, Houston, Texas 1979

D. Relevant Professional Experience

Position Entity Dates Gulf Coast Legal Foundation, Staff Attorney-Consumer Law Specialist 1979-1982 Houston, Texas Editor, Continuing Legal Education State Bar of Texas, Austin, Texas 1974-1977 Department to Judges Paul A. Lowengrub and Camden County Court, Camden, N.J. 1973-1974 Leon Wingate

E. Other Professional Credentials (licensure, certification, etc.)

State Bar of Texas (inactive)

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II. TEACHING

A. Teaching Honors and Awards :

Fresh Start Award 2003, Presented by the Alkek Technology Institute, Preparing Tomorrow’s Teachers to use Technology, Faculty Advancement Center, Educational Technology Center, and Instructional Technology Support, Texas State University-San Marcos

B. Courses Taught: Courses currently taught on a regular basis: POSI 2320 Functions of American Government POSI 3310 Constitutional Law POSI 3311 Constitutional Law and Liberties POSI 4304/History 3349 Development of the American Constitution POSI 4399 Senior Seminar (mock constitutional convention) POSI 5350 Issues in American Politics (property, liberty, and power)

Courses taught in the past: POSI 2310 Introduction to American and Texas Politics POSI 4349C Property Rights in Australia and The United States POSI 4311 Judicial Process POSI 4399 Senior Seminar (great American judges) POSI 5350 Problems in Public Law (for the public administration program) POSI 6387 Legal Research (for the legal studies program) POSI 6379 Legal Drafting (for the legal studies program) POSI 5378 Social Legislation (for the legal studies program) POSI 5394 Litigation (for the legal studies program)

C. Graduate Theses/Dissertations, Honors Theses, or Exit Committees (if supervisor, please indicate):

Courtney McClure, Oral Exam, MA in Political Science, spring 2015 “Human Involvement in Development of the West Christina Roddriguez, Oral Exam, MA in Political Science, spring 2015 Kurt Alhorn, Oral Exam, MA in Political Science, fall 2011 Al Diaz, Thesis, MA in Political Science, fall 2011 Lisa J.S. Wright, MA in Political Science, 1996 (chair) Lance R. Hignite, MA in Criminal Justice 1996 Patricia Martinez, honors thesis 1996 (chair) Kimberly Buckler, independent study, spring 1996 Cory Wallace, applied research project MPA, 1996 Jana Demming, applied research project MPA, 1992 Deborah Woolsey, MA Theater, 1990

D. Courses Prepared and Curriculum Development:

Property Rights in Australia and The United States (POSI 4349C) POSI 6387 (Legal Research) & POSI 6379 (Legal Drafting) adding computer legal research

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I. Other: Southwest Texas in Canterbury, England – Study Abroad Program, 2001

III. SCHOLARLY/CREATIVE

A. Works in Print (including works accepted, forthcoming, in press)

1. Books (if not refereed, please indicate)

Paul Kens, The Supreme Court Under Chief Justice Morrison R. Waite: 1874-1888 (Columbia: University of South Carolina Press, 2010).

Paul Kens, Justice Stephen J. Field: Shaping Liberty from the Gold Rush to the (Lawrence: The University Press of Kansas, 1997).

Paul Kens, Judicial Power and Reform Politics: The Anatomy of Lochner v. New York (Lawrence: The University Press of Kansas, 1990). Revised for paperback, Lochner v. New York: Economic Regulation on Trial (Lawrence: the University Press of Kansas, 1998).

Paul Kens & Stephen Cochran , Consumer Rights and Remedies , 2 vols. (St. Paul: West Publishing Company, 1983).

H. Clyde Farrell & Paul Kens , Buying, Renting, and Borrowing in Texas . (Austin: Texas Consumer Association, 1980) 2nd Ed. published in 1983. Not refereed.

2. Chapters in Books :

Paul Kens, “A Promise of Expansionism: the 1840s, Mexico, Texas, and the Southwest,” in Sanford Levinson and Bartholomew Sparrow, eds. The Louisiana Purchase and American Expansion 1803-1898 (Lanham, MD.: Rowman and Littlefield, 2005) 139-64.

3. Articles

a. Refereed Journal Articles:

Paul Kens, “The United States Supreme Court and Business Elites: Gilded Age Origins of Modern American Liberalism” Transatlantica [En ligne], 1: 2013, mis en ligne le 05 février 2014, consulté le 13 février 2014. URL : http://transatlantica.revues.org/6473

Paul, Kens “The Credit Mobilier Scandal and The Supreme Court: Corporate Power, Corporate Person, and Government Control in the Mid-Nineteenth Century,” Journal of Supreme Court History 43 (2009) 170-82.

Paul Kens, “Justice Stephen Field of California,” Journal of Supreme Court History , (April 2008) 149-159.

Page 3 of 12 PPS 8.10 Form 1A FY 2015 Paul Kens, “Wide Open Spaces: The Texas Supreme Court and the Scramble for the State’s Public Domain 1876-1898,” Western Legal History 16 (Summer/Fall 2003) 159-87.

Paul Kens, "John C. Frémont and the Biddle Boggs Case: Property Rights versus Mining Rights in Early California,” The Mining History Journal (1999) 8-21. Winner of the John Townley Award for best article in 1999.

Paul Kens, "Lochner v. New York: Rehabilitated and Revised, but Still Reviled," Journal of Supreme Court History (1995) 31-46. This article won the Hughes Gossett Award for Historical Excellence, from the United States Supreme Court Historical Society, 1996.

Paul Kens, "Liberty and the Public Ingredient of Private Property," The Review of Politics 54 (Winter 1993) 85-116.

Paul Kens, Review Essay, "Whose Intent and Which Purpose? The Origins of the Fourteenth Amendment," Reviews in American History 20 (March 1992) 59-64, a review essay of Earl M. Maltz, Civil Rights, The Constitution, and Congress, 1863-1869 and Michael Kent Curtis, No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights.

Paul Kens, "The Source of a Myth...: Police Power of the States and Laissez-Faire Constitutionalism 1900-1937," American Journal of Legal History 35 (Winter 1991) 70-98.

b. Law Review Articles (counted as refereed under the rules of our department)

Paul Kens, Review Essay, “Revision of the Progressive Era Continues,” Review of Toward an American Conservatism: Constitutional Conservatism in the Progressive Era , Joseph Postell & Johnathan O’Neill, eds., (2013) and Law’s History: American Legal Thought and the Transatlantic Turn to History , David M. Rabban (2013), Tulsa Law Review , 50 (Winter 2015), 519-532.

Paul Kens, “Nothing to Do With Personhood: Corporate Constitutional Rights and the Principle of Confiscation”. Quinnipiac Law Review, 2015.

Paul Kens, “Property, Liberty, and the Rights of the Community: Lessons from Munn v. Illinois.” Buffalo Public Interest Law Journal 30 (2011-2012) 157-96.

Paul Kens, “Lochner v. New York: Tradition or Change in Constitutional Law?” NYU Journal of Law & Liberty 1 (2005) 404-431.

Paul Kens, "Public Futility: The Status of Consumers in Light of the Texas Public Utility Regulatory Act," 28 Baylor Law Review 953 (Fall 1976).

b. Non-refereed Articles :

Paul Kens, “The Constitution and Business Regulation in the Progressive Era: Recent Developments and New Opportunities. American Journal of Legal History, 2015. (invited)

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Paul Kens, “Public Land, Private Settlers, The Yosemite Valley Case,” California Legal History 4 (2009) 373-92. (Invited).

Gorham, George C., “The Story of the Attempted Assassination of Justice Field by a Former Associate of the Supreme Bench of California,” ed. Paul Kens, Journal of Supreme Court History 29 (2005) 105-194, with introduction, “Incident at Lathrop Station” by Paul Kens, pp. 85-104. (Invited).

Stephen J. Field, "Personal Reminiscences of Early Days in California," ed. Paul Kens, Journal of Supreme Court History 29 (2004) 22-119, with introduction by Paul Kens, pp. 1-21. (Invited).

4. Book Reviews :

Rev. of Texas Supreme Court: a Narrative History 1836-1986 , James L. Haley (Austin: University of Texas Press, 213) Southwestern Historical Quarterly.

Rev. of Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform , David Bernstein, (Chicago: University of Chicago Press, 2011) H-Net reviews.

Rev. of Race and National Power , by Christopher Waldrep, H-Law (2011).

Rev. of The Waite Court: Justices, Rulings, and Legacy , by Donald Grier Stephenson, H- [email protected] (July 2005).

Rev. of Rethinking the New Deal Court: The Structure of Constitutional Revolution, by Barry Cushman, American Journal of Legal History (1999).

Rev. of Liberty, Privacy, and Property: Toward a Jurisprudence of Substantive Due Process , by Edward Keynes, American Academy of Political Science: The Annals 559 (September, 1998).

Rev. of Competition Policy in America 1888-1992: History, Rhetoric , Law , by Rudolph J.R. Peritz, The Law and Politics Book Review (1996).

Rev. of A History of the Supreme Court , by Bernard Schwartz, Law and History Review (March 1994).

Rev. of The Bill of Rights in Modern America: After 200 Years , by David J. Brodenhamer and James Ely Jr., Journal of Southern History (1994).

Rev. of Enterprise and American Law 1836-1937 by Herbert Hovenkamp, The Law and Politics Book Review 2 (February 1992).

Rev. of Interpreting the Constitution , by Harry H. Wellington, Journal of American History 78 (March 1992).

Rev. of The Appeal of Civil Law: A Political-Economic Analysis of Litigation , by Wayne V. McIntosh, Social Science Quarterly 72 (June1991).

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5. Other Works in Print:

Short Essays

Paul Kens, “Lochner v. New York,” in Melvin I. Urofsky, ed. The Public Debate over Controversial Supreme Court Decisions (Washington, D.C.: CQ Press, 2005) 95-103.

Peter Eisenstadt, et al, Encyclopedia of New York State (Syracuse University Press, 2005) contributed an entry on Lochner v. New York.

Paul Kens, “David Neagle: Trigger Man for a Tragedy,” in Melvin I. Urofsky, ed. 100 Americans Making Constitutional History (Washington, D.C.: CQ Press, 2004) 141-44.

Paul Boyer, et. al., Oxford Companion to United States History (New York: Oxford University Press, 2002) contributed an essay on Lochner v. New York.

Kermit Hall, et. al., Oxford Companion to American Law (New York: Oxford University Press, 2002) contributed entries on Stephen J. Field, David Dudley Field, and Lochner v. New York.

Paul Finkleman, Encyclopedia of the United States in the Nineteenth Century (New York: Charles Scribner’s Sons, 2001) contributed an essay on the Supreme Court in the Gilded Age.

Gordon Bakken, Law in the Western United States (Norman: University of Oklahoma Press, 2000) contributed essays on U.S. v. Greathouse, in re Tiburcio Parrott, Frémont v. U.S., The Railroad Tax Cases, Ferris v. Coover, “Don’t Mess Around in Texas, The Texas Justifiable Homicide Law”, Crowley v. Cristensen and Yick Wo v. Hopkins, Frisbie v. Whitney and The Yosemite Valley Case.

John A. Garraty and Mark C. Carnes, eds., American National Biography , 24 vols. (New York: Oxford University Press, 1999) contributed an essay on Supreme Court Justice .

Melvin I. Urofsky, A Biographical Dictionary of Supreme Court Justices (New York: Garland Publishing, 1994) contributed essays on Justices and Horace Harmon Lurton.

Kermit Hall, et al, Oxford Companion to the Supreme Court of the United States (New York: Oxford University Press, 1993) contributed essays on Justice Rufus Peckham, Lochner v. New York, Frothingham v. Mellon, Ashwander v. T.V.A., Palko v. Connecticut, and Skinner v. Oklahoma.

6. Re-publication in Collections:

Excerpt from Lochner v. New York: Economic Regulation on Trial was included in Kermit Hall and Timothy Huebner, Major Problems in American Constitutional History: Documents and Essays , 2 nd edition (Cengage: 2010).

Page 6 of 12 PPS 8.10 Form 1A FY 2015 "The Source of a Myth: Police Power of the States and Laissez-Faire Constitutionalism 1900- 1937," American Journal of Legal History 35 (1991) was included in James W. Ely, Jr., Property Rights in American History .

B. Works not in Print

1. Papers Presented at Professional Meetings:

“Expression, Religion, and Law”. Annual Conference, Midwest Political Science Association. Chicago, IL, 2015.

“Big Business and the Reconstruction Amendments: Lessons from Munn v. Illinois” Presented at the conference “From Property to Personhood: The Intents and Unintended Consequences of the Reconstruction Amendments” University of Georgia, October 24-26, 2013.

“Anthropomorphic? The Corporate Person from the Civil War to Citizens United” Annual Meeting of the Association for Law, Property, and Society, March 4-5, 2011, Washington, D.C.

“Property, Liberty, and the Rights of the Community: The Pivotal Case of Munn v. Illinois.” Presented at the Annual Meeting of the Association for Law, Property and Society, Washington D.C., March 5-6, 2010.

“The Waite Court: Economic Regulation and the Last Gasp for the Rights of the Community,” Presented at the Annual Meeting of the American Society for Legal History, Ottawa, Ontario, Canada, November 13-15, 2008.

“Into the Chute: U.S. Supreme Court Keeps the Gates Open for Business Regulation,” Presented at the Annual Meeting of the Texas State Historical Association, Corpus Christi, TX, March 6-8, 2008.

“Lochner v. New York as a Revolution in Constitutional Law,” presented at the annual meeting of the Organization of American History, Boston, Ma., March, 2004.

“Comparative Legal History in the Classroom: Opportunities and Challenges,” presented at the annual meeting of the American Society for Legal History, Washington D.C., November 13, 2003.

“A Promise of Expansionism: The 1840s, Mexico, Texas, and the Southwest,” presented at the Bicentennial Symposium: The Louisiana Purchase and American Expansion: Sponsored by the University of Texas, February 20-22, 2003.

“Jim Hogg’s Legacy? The Texas Supreme Court 1888-1900,”presented at the annual meeting of the American Historical Association, January 5, 2002.

“The Texas Supreme Court and the Scramble for the State’s Public Domain,” presented at the annual meeting of the Western Political Science Association, March 15-17, 2001.

Page 7 of 12 PPS 8.10 Form 1A FY 2015 “Land and Liberty: A Clash of Traditions in Gold Rush California,” presented at the annual conference of the Australia and New Zealand Law and History Society, July 9-11, 1999.

“The Biddle Boggs Case: Property Rights versus Mining Rights in Early California,” presented at the annual meeting of the Western History Association, October, 1997.

"Mixing Law and Politics: Justice Stephen J. Field and the Railroad in California," presented at the annual meeting of the American Historical Association Pacific Coast Branch, August 8-11, 1996.

"Justice Stephen J. Field, Civil Rights, and the 1880 Presidential Campaign," presented at the annual meeting of the American Society for Legal History, October 21-23, 1993.

"Justice Stephen J. Field, The Chinese, and the Constitution," presented at the Annual Meeting of the California Historical Society, September 17-19, 1993.

"Liberty and the Public Ingredient of Private Property," Presented at the Center for the Study of the Presidency, 22nd Annual Leadership Conference, November 1-3, 1991.

"Contract and the Constitution," Presented at a joint session of Political Science and History, Annual Meeting of the Southwest Social Science Association, March 1991.

"Transforming the Constitutional Protection of Property," Center for the Study of the Constitution in conjunction with the Annual Meeting of the American Political Science Association, August 31, 1990.

"Supreme Court and State Police Power in the Laissez-Faire Era," Annual Meeting of the Southwestern Social Science Association, March 30, 1989.

"Lochner v. New York: The Supreme Court and Reform in Another Era," Annual Meeting of the Southwestern Social Science Association, March 25, 1988.

2. Invited Talks, Lectures, and Presentations:

The Supreme Court Historical Society 2016 Leon Silverman Lecture Series. “A Conversation on Lochner” featuring myself and Randy Barnett, Georgetown University Law Center, with Victoria Nourse, Georgetown University Law Center, as moderator. Justice introduced the program. C-Span recorded the program and aired it later.

“Lochner v. New York. Landmark Cases”, C-Span. Washington, D.C. 2015.

“The United States Supreme Court and Business Elites: Gilded Age Origins of Modern American Liberalism” Presented at the Symposium: “Revisiting the First Gilded Age” organized by University Sorbonne Nouvelle’s Center for Research on the English-Speaking World and The Centre d’Etudes Nord-Americaines, 29 April 2011, Paris, France.

“Property, Liberty, and the Rights of the Community,” The University of Texas at Austin Department of Government, Distinguished Alumni Lecture Series, April, 2010.

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“Lincoln and Civil Liberties.” Presented at “An Evening with and the Constitution,” sponsored by the Manatee School District in conjunction with the Teaching American History Project, Bradenton Beach, FL, February, 2010.

Invited Lecture and Article for the United States Supreme Court Historical Society’s Leon Silverman Lecture Series for 2007. The topic of the five part series was “Associate Justices of the Gilded Age. My lecture, delivered in the United States Supreme Court Chambers on March 6, 2007, was published as Paul Kens, “Justice Stephen Field of California,” Journal of Supreme Court History 33 (2008) 149-59.

“Faded Love: The Ideal of Republican Empire and Distribution of the Public Domain in the American West,” presented at Macquarie University, Sydney, Australia, May 22, 2003.

Invited lecture and Article: Paul Kens, "The Dawn of the Conservative Era," delivered in the United States Supreme Court Chambers on April 2, 1996, with an introduction by Justice Stephen G. Breyer. This was the first lecture in the Supreme Court Historical Society series on the Supreme Court from the turn of the twentieth century to 1937 entitled "The Four Horsemen v. The New Deal.” The lectures were published in 1 Journal of Supreme Court History (1997).

3. Other Works not in Print:

a. Works “ in progress”

Book that focuses on Munn v. Illinois.

C. Grants and Contracts

1. Funded External Grants and Contracts:

National Endowment for the Humanities Summer Stipend, 1991.

National Endowment for the Humanities Travel to Collections Grant, 1989.

American Political Science Association, - Funding to participate in the special seminar “The Concept of Rights as Limits on Government.” August 27-30, 1989.

2. Funded Internal Grants and Contracts:

Texas State University Research Enhancement Grant 2011-2012.

Texas State University Research Enhancement Grant, 2006.

Southwest Texas State University Research Enhancement Grant, summer, 1996.

Southwest Texas State University Research Enhancement Grant, 1991.

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3. Fellowships, Awards, Honors:

National Endowment for the Humanities Fellowship, 2005–06.

School of Liberal Arts award for Excellence in Scholarly/Creative Activities, 1998.

National Endowment for the Humanities Fellowship, 1993-94.

Southwest Texas State University, Presidential Award for Excellence in Scholarly/Creative Activities, 1993.

Southwest Texas State University, Presidential Seminar Award, 1992.

IV. SERVICE

A. Institutional

1. University:

• Panel Discussant, Constitution Day lecture of Dr. Greg Weiner, 09/2015 • Hosted a roundtable for the IT Showcase, Nov. 10 & 11, 2003. • Search Committee for Chair of Department of Political Science, 1995-96. • Committee to choose the winner of the Presidential Award for Scholarly/Creative Activity, 1992 & 1993. • Committee to choose the speaker for the Presidential Seminar, 1992 & 1993. • School Review Group for Promotion and Tenure – School of Health Professions, 1994. • Pre-Professional Advisory Committee, 1991-1993 • Pre-Law Advisory Subcommittee, Chair, 1991 - 1993 • Westlaw Users Group 1988 - (organized the early use of the Westlaw computer legal research for students and faculty).

2. College:

College Review Group: • Member, College Review Group, 2016 • Member, College Review Group, 2015 • Alternate department representative, 2012 • Department representative, 2011 • Department representative, 2010 • Department representative, 2004

Research Enhancement Grant Committee for the College of Liberal Arts: • Department representative, 2012 • Department representative, 2006 • Department representative, 2005 Page 10 of 12 PPS 8.10 Form 1A FY 2015

NEH Distinguished Teaching Professor Search Committee (1994-1996).

2. Department/School:

Member, Committee to Oversee Assessment of POSI 2310 and POSI 2320, 09/2015 -12/2015 Member, Departmental Scholarship Committee, 09/2015 – 12/2015 Member, Search Committee for new faculty member, 09/2015 – 12/2015 Undergraduate Advisor, Pre-Law Advising, 01/2015 – 12/2015 Pre-law advising, 1987 – ongoing. Personnel Committee, 1992 – ongoing. Undergraduate Scholarship Committee, 2008 - ongoing. Curriculum and Assessment Committee (overseeing POSI 2310/2320), 2008 – ongoing. Committee for proposed PhD in Public Administration, 2008 –ongoing. Classroom Peer Review, yearly. Search Committee for the Chair of Political Science, fall 1995 & spring 1996. Search Committee for the Chair of Political Science, 2003. Search Committees for new faculty members: American Politics, 2012 Public Administration, 2011 Public Administration 2010 Public Administration, 2008 American Politics, 2007 American Politics, 2003 American Politics, 1998 Lawyers Assistant Program, 1989 Department Strategic Planning Committee, 1999. Department Library Representative 1987-91. Department Curriculum Committee, 1990. Lawyer Assistants Program, committee for American Bar Association Certification, 1990. Lawyer Assistants Program, committee for Masters in Legal Studies. Committee on Tenure, Promotion, and Merit, 1988. Developed procedures for use of the department’s Westlaw Lab, 1988.

B. Professional:

Reviewer, Appointed, National Endowment for the Humanities Summer Stipend Proposals, 10/2015

Reviewer, Volunteered, Review of a manuscript for the Journal of Supreme Court History, 07/2015

Advised the United States Supreme Court Historical Society in planning for their 2012 series of presentations, 2012.

Served as an outside reviewer for an application for promotion to full professor in the Department of Political Science, at Smith College, Northampton, Massachusetts, 2012.

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Review of “Paradoxical Defense of the Common Law Against Postbellum American Codification: Reasonable and Fallacious Arguments,” for the Journal of Legal History.

Reviewed a book manuscript on the history and development of the “State Action Doctrine” for the author, Pamela Brandwein, (2009).

Served on a National Endowment for the Humanities Evaluation Panel reviewing grant proposals for the year 2009.

United States Supreme Court Historical Society, Committee to select the 1996 Hughes-Gossett Student Prize, 1996.

Member: American Society for Legal History Society for Historians of the Gilded Age and Progressive Era Association for Law, Property, and Society Organization of American Historians State Bar of Texas (inactive)

C. Community:

Board of Advisors, “Transforming America: The Field Family” A project to produce a documentary of the Field Family, seeking a grant from the National Endowment for the Humanities.

Texas Higher Education Coordinating Board Committee to Study the Erosion of Quality in Higher Education (spring 1995).

Professional and Civic Activities prior to my employment at Texas State: Mayor’s Electric Rate Study Commission, Austin, 1975-77 State Bar of Texas Consumer Law Section, Section Council 1977-87 Houston Bar Association Consumer Law Section, Chair 1979-80 Texas Consumer Association, Board of Directors 1974-88, President 1983 Texas Rugby Union, one of the founders and the first vice president 1971

1. Funded External Service Grants and Contracts:

Commission for the Bicentennial of the United States Constitution, College-Community Forum Program, Funded $15,000 for the Department of Political Science to hold a series of town meetings in San Marcos, Texas, June 1991. (With Vicki Brittain).

Updated 8/10/2017

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