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Bailey Barnes

@baileydbarnes.bsky.social
681 followers 596 following 101 posts

Associate Professor of Law at Mizzou | Civil Rights, Federal Courts, Constitutional Law, & Civil Procedure | Rural Appalachian | Views My Own

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Bailey Barnes @baileydbarnes.bsky.social · 17/09/2026
My dad recently called to tell me that mulch was on sale if I needed any
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Lawrence Solum @lsolum.bsky.social · 16/09/2026
Smith-Drelich on Is Bivens Dead? Noah Smith-Drelich (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Is Bivens Dead?...
legaltheoryblog.com
Smith-Drelich on Is Bivens Dead?
Noah Smith-Drelich (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Is Bivens Dead? (Georgia Law Review, forthcoming) on SSRN. Here is the abstract: For much of its fifty-year existence, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics has served as a tenuous counterpart to Section 1983, providing a cause of action for federal violations of the Constitution.
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Bailey Barnes @baileydbarnes.bsky.social · 15/09/2026
Well deserved
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Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 14/09/2026
NEW: DHS's Inspector General releases a scathing report about the Everglades detention camp known as "Alligator Alcatraz." The OIG finds that the now-closed camp, violated multiple ICE standards. The OIG also confirms detainees were punished with placement in a metal cage in the Florida heat.🧵
OFFICE OF INSPECTOR GENERAL
U.S. Department of Homeland Security
Staff also reported that time spent in the small metal enclosures is closely monitored, and
detainees are not locked in, even though we observed locking mechanisms on the enclosures.
Figures 11 and 12. Small Metal Enclosures; Observed January 21, 2026

Underneath is a picture of a metal cage that is 4 feet 3 inches wide by 4 feet 3 inches long, and 7 feet 9 inches high. The cage itself is placed on a tiny spot of fake turf, and then surrounded by another chainlink fence with razor wire on top. The cage is covered by a roof, but it's entirely exposed to the outside otherwise, meaning mosquitos and no air conditioning.
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Bailey Barnes @baileydbarnes.bsky.social · 14/09/2026
It is as if he has lemon juice and a hair dryer and can see things written into the Constitution that we cannot.
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The New York Times @nytimes.com · 11/09/2026
Nashville International Airport is set to be renamed to honor Dolly Parton after a unanimous vote by the local airport authority. Once the effort clears all the hurdles, it will make Nashville one of the few major cities in the U.S. with an airport named after a woman. trib.al/feFqYJV
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comissourian.bsky.social @comissourian.bsky.social · 12/09/2026
The Tigers and Jayhawks squared off in Lawrence, Kansas, for the first time since 2005. The game turned tense, and Missouri coach Eli Drinkwitz let people know how he felt.
columbiamissourian.com
'I was embarrassed for them:' Mizzou-Kansas turns fierce before, during, after Tigers' victory
The Tigers and Jayhawks squared off in Lawrence, Kansas, for the first time since 2005. The game turned tense, and Missouri coach Eli Drinkwitz let people know how he felt.
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Bailey Barnes @baileydbarnes.bsky.social · 10/09/2026
It’s good to be able to do something nice for the state courts every now and then, like *let* them hold a hearing to determine if someone is in contempt of *their* own order.
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Bailey Barnes @baileydbarnes.bsky.social · 09/09/2026
All this going on AND it’s Beat KU week??
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Daniel A. Horwitz @danielahorwitz.bsky.social · 09/09/2026
This also serves as an always welcome reminder that the federal government is allowed to protect civil rights rather than violate them. For real!
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Missouri Independent @missouriindependent.com · 08/09/2026
BREAKING (again): Shortly after SCOTUS refused to overturn the state Supreme Court's ruling blocking the gerrymandered map, a federal judge in St. Louis issued a temporary restraining order in a separate lawsuit that freezes that state Supreme Court's ruling. #moleg #mogov
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Bailey Barnes @baileydbarnes.bsky.social · 04/09/2026
Finally got to watch The Odyssey in 70mm IMAX today. It lived up to the hype.
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Bailey Barnes @baileydbarnes.bsky.social · 04/09/2026
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Kevin M. Kruse @kevinmkruse.bsky.social · 02/09/2026
Students who nod and smile during lecture when we try to make a point? Heroes
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Bailey Barnes @baileydbarnes.bsky.social · 02/09/2026
Just the type of important, timely analysis the moment calls for from SCOTUSblog today.
scotusblog.com
How William Howard Taft transformed from a portly president to a svelte chief justice
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Quinn Yeargain @yeargain.bsky.social · 31/08/2026
I'm very happy to announce that I'm hosting the THIRD Annual Democracy and Public Law Works-in-Progress Conference at Michigan State from April 2–3, 2027. The registration portal is below, where there's additional information about the schedule and timing. msu.co1.qualtrics.com/jfe/form/SV_...
the entrance to the Michigan State University College of Law
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Bailey Barnes @baileydbarnes.bsky.social · 29/08/2026
I’m working on a legal history project this weekend. Getting in history mode is so difficult when you haven’t done it in months. My brain hurts.
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Bailey Barnes @baileydbarnes.bsky.social · 28/08/2026
Very interested in what the Court will do with this case. I’ve argued in two articles that the obvious violation exception extends beyond the Eighth Amendment, and lower courts have largely agreed. We need more clarity from the Court on this issue.
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Reuters @reuters.com · 28/08/2026
Tennessee intends to name Nashville airport after Dolly Parton, Governor says reut.rs/4zLiOrV
reut.rs
Tennessee intends to name Nashville airport after Dolly Parton, Governor says
Tennessee intends to name Nashville International Airport after country music icon Dolly Parton, according to a statement on ​Friday, after the singer died in the country music capital at ‌age 80 earlier this week.
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Bailey Barnes @baileydbarnes.bsky.social · 28/08/2026
Multiple sawmills in my hometown abruptly closed over the past decade. Dozens of families who had relied on the industry for decades had to quickly figure out how to find other work. The area around the train depot remains largely vacant because of the closures.
wsj.com
Timber Was Gold in the South—Until a Market Collapse Crushed the Forest Economy
The region has borne the brunt of a historic run of pulp and paper-mill closures. It’s the biggest threat to the rural economy since the fall of King Cotton.
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Nashville Banner @nashvillebanner.bsky.social · 28/08/2026
Editor @scavendish.bsky.social writes that there is an honor big enough for only one person — Nashville should rename the airport for Dolly Parton.
nashvillebanner.com
Nashville needs to rename its airport for Dolly Parton - Nashville Banner
Multiple proposals from both sides of the political spectrum are being prepped to rename BNA for Dolly Parton, and the decision to so should be a no-brainer.
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The Associated Press @apnews.com · 28/08/2026
Tennessee National Guard members assigned to a federal anti-crime task force in Memphis fatally shot an armed 20-year-old man in the back, according to an autopsy report obtained Thursday by The Associated Press, contradicting police accounts that said the man was facing the troops when they fired.
bit.ly
Autopsy shows Tennessee National Guard fatally shot 20-year-old armed man in the back
An autopsy shows that an armed man killed by the Tennessee National Guard was shot in the back. The report that Tyrin Johnson’s family shared with The Associated Press on Thursday contradicts accounts by law enforcement.
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Bailey Barnes @baileydbarnes.bsky.social · 26/08/2026
This is so true. Growing up in rural Tennessee, Dolly was always a presence. Her pride in where she was from made us feel like we could do or be anything. We adored her because she adored us. I feel for Tennesseans today.
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Bailey Barnes @baileydbarnes.bsky.social · 25/08/2026
As a good Tennessean, I will be spending the next 7 days in formal mourning. Thank you for your attention to this matter.
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Peeved Professor aka Ann Tifa @peevedccprof.bsky.social · 25/08/2026
Me after the first day of the semester
static.klipy.com
Tired Baby's Hilarious Couch Fall
Alt: Tired Baby's Hilarious Couch Fall
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Noah Smith-Drelich @nsmithdrelich.bsky.social · 24/08/2026
I just posted @ssrn.bsky.social: Is Bivens Dead?, 61 Ga. L. Rev. __ (forthcoming 2027), papers.ssrn.com/sol3/papers..... I look at every decision nationally that cites Bivens between June 2022 and June 2025 (4,808 in total) to see how courts are deciding Bivens actions after Egbert v. Boule. 1/10
papers.ssrn.com
Is Bivens Dead?
For much of its fifty-year existence, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics has served as a tenuous counterpart to Section 1983, pro
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Bailey Barnes @baileydbarnes.bsky.social · 20/08/2026
My article, Qualified Immunity’s Safety Valve: The Obvious Violation Exception, is forthcoming in the Fordham Law Review. The abstract is below, and I hope to post the draft to SSRN soon. I am happy to send it to anyone interested.
QUALIFIED IMMUNITY'S SAFETY VALVE:
THE OBVIOUS VIOLATION EXCEPTION
Antonio Smith spent twenty-three hours locked naked in a frigid prison cell. When he sued, the Seventh Circuit dismissed his claim based on qualified immunity because no prior case clearly established that Smith's treatment was unlawful.
By requiring plaintifts to produce comparator precedent to demonstrate that a right was clearly established, qualified immunity allows officers to evade liability if their misconduct is novel. However, the Supreme Court has twice stated that factually similar precedent is not always needed to overcome qualified immunity when faced with obvious violations of the Constitution. This is the obvious violation exception to qualified immunity (OVE).
This Article makes the case that the OVE is a necessary mechanism for ensuring constitutional accountability, that its expanded use is justified by existing qualified immunity doctrine, and that consistent application of the exception is critical to a functioning system of constitutional torts. The OVE serves as qualified immunity's safety valve by preventing individual government defendants from evading liability solely because of the novelty of their misconduct.
Despite its importance, lower courts have inconsistently analyzed the OVE. Building on my prior empirical study of how Lower courts use the OVE, this Article distills three hallmarks of obvious violations: a clear constitutional standard, a violation of obvious clarity as demonstrated by particularly egregious facts, and the absence of extraordinary factors counseling against invoking the OVE. This Article advocates for lower courts to more consistently use the OVE by looking for these hallmarks when litigants raise the exception. Doing so can disincentivize misconduct and promote constitutional development.
Assuming qualified immunity is here to stay, its worst examples should be mitigated. More consistent use of the OVE by lower courts can help achieve that goal.
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Bailey Barnes @baileydbarnes.bsky.social · 20/08/2026
So I guess she’s not cool with him seeing other First Ladies?
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The Cook Political Report @cookpolitical.com · 20/08/2026
🚨 Cook Political Report is shifting 4 key statewide race ratings: #TXSEN: Lean R → Toss Up
 #IASEN: Lean R → Toss Up #TXGOV: Solid R → Likely R #IAGOV: Toss Up → Lean D Read our latest: www.cookpolitical.com/analysis/gov...
cookpolitical.com
Texas and Iowa Senate Races Move to Toss Up; Races for Governor Also Move in Democrats’ Direction
The battle for the Senate is about to intensify ahead of the traditional Labor Day starting gun. Republicans still retain a structural advantage given the partisan challenges of the map, and Democrats still need almost every key race to break their way. But as we recently wrote, in a wave election akin to 2006, even states that President Donald Trump won by double digits could move within Democrats’ reach.
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Bailey Barnes @baileydbarnes.bsky.social · 20/08/2026
My article, Qualified Immunity’s Safety Valve: The Obvious Violation Exception, is forthcoming in the Fordham Law Review. The abstract is below, and I hope to post the draft to SSRN soon. I am happy to send it to anyone interested.
QUALIFIED IMMUNITY'S SAFETY VALVE:
THE OBVIOUS VIOLATION EXCEPTION
Antonio Smith spent twenty-three hours locked naked in a frigid prison cell. When he sued, the Seventh Circuit dismissed his claim based on qualified immunity because no prior case clearly established that Smith's treatment was unlawful.
By requiring plaintifts to produce comparator precedent to demonstrate that a right was clearly established, qualified immunity allows officers to evade liability if their misconduct is novel. However, the Supreme Court has twice stated that factually similar precedent is not always needed to overcome qualified immunity when faced with obvious violations of the Constitution. This is the obvious violation exception to qualified immunity (OVE).
This Article makes the case that the OVE is a necessary mechanism for ensuring constitutional accountability, that its expanded use is justified by existing qualified immunity doctrine, and that consistent application of the exception is critical to a functioning system of constitutional torts. The OVE serves as qualified immunity's safety valve by preventing individual government defendants from evading liability solely because of the novelty of their misconduct.
Despite its importance, lower courts have inconsistently analyzed the OVE. Building on my prior empirical study of how Lower courts use the OVE, this Article distills three hallmarks of obvious violations: a clear constitutional standard, a violation of obvious clarity as demonstrated by particularly egregious facts, and the absence of extraordinary factors counseling against invoking the OVE. This Article advocates for lower courts to more consistently use the OVE by looking for these hallmarks when litigants raise the exception. Doing so can disincentivize misconduct and promote constitutional development.
Assuming qualified immunity is here to stay, its worst examples should be mitigated. More consistent use of the OVE by lower courts can help achieve that goal.
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Bailey Barnes @baileydbarnes.bsky.social · 20/08/2026
Disclosures like this one show how important discovery is in constitutional litigation. Even if cases ultimately fail because of unfavorable legal rules, discovery can bring misconduct like this to the public’s attention. There is value in that public awareness function.
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Catherine Rampell @crampell.bsky.social · 17/08/2026
31% of Americans, including 9% of Democrats and 63% of Republicans, support equipping federal immigration agents with gloves that can deliver an electric shock yougov.com/en-us/daily-...
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Bailey Barnes @baileydbarnes.bsky.social · 17/08/2026
apnews.com
ICE pitches legal insurance to help shield local officers who make immigration arrests
U.S. Immigration and Customs Enforcement is pitching a plan to help shield local police officers who make immigration arrests from possible financial consequences if they are accused of on-duty miscon...
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Lawrence Hurley @lawrencehurley.bsky.social · 17/08/2026
Although it is not the legal question the Supreme Court agreed to take up in an upcoming case about failure to provide medical assistance to a prison inmate, lawyers for the prison officers in Hawaii are urging the Supreme Court to overrule Bivens in newly filed brief:
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Orin Kerr @orinkerr.bsky.social · 13/08/2026
No QI on unlawful frisk claim, per CA7: No officer could believe there was reasonable suspicion that the suspect was armed and dangerous on these facts. media.ca7.uscourts.gov/cgi-bin/Opin...
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Bailey Barnes @baileydbarnes.bsky.social · 13/08/2026
An interesting use of the obvious violation exception to qualified immunity.
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Joanna Schwartz @jcschwartzprof.bsky.social · 12/08/2026
My forthcoming @uclalawreview.bsky.social article reports officers paid <.05% of settlements and judgments against them from 2018-23. This is consistent w/my earlier study, though I also find subtle differences that should inform policies/practices. Comments welcome! papers.ssrn.com/sol3/papers....
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ProPublica @propublica.org · 12/08/2026
NEW: Tennessee’s highest-security youth prisons are operated by a single private company. Former staff say they felt pressure to hide abuse and other serious incidents from the state and to handle medical emergencies without calling 911. with @wpln.bsky.social
propublica.org
He Suffered Abuse in a Private Youth Jail. The Company Never Reported It.
Tennessee’s highest-security youth prisons are operated by a single private company. Former staff say they felt pressure to hide abuse and other serious incidents from the state and to handle medical ...
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Bailey Barnes @baileydbarnes.bsky.social · 12/08/2026
Codify Bivens.
apnews.com
AP Exclusive: ICE plans to give officers gloves that can deliver painful electric shocks
Immigration and Customs Enforcement officers may soon be outfitted with gloves that can deliver painful electric shocks that are intended to gain compliance from combative individuals.
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Bailey Barnes @baileydbarnes.bsky.social · 09/08/2026
The comments tab on the law review spreadsheet is a hoot. Reminds me of the Great Listserv Debate of 2026.
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Gabriel Malor @gabrielmalor.bsky.social · 06/08/2026
7th Cir.: it was clearly established law in September 2022 that it would violate the 1A for town supervisor to delete comments he deemed offensive in town website's comments section, which was open to the public and had no official content policy. No QI. media.ca7.uscourts.gov/cgi-bin/Opin...
The comment section of the Town’s website was a public forum, at least while it was open to all posters. The district court found, and we agree, that Schulte pleaded a claim that Leners discriminated against her and other commenters based on their viewpoint: he threatened to ban at least three commenters who took positions at odds with his views on camper regulations; he then deleted only their comments; and he eventually deleted all comments under his post. What’s more, Leners contemporaneously justified his actions by calling the speech offensive and derogatory, an excuse the Supreme Court has foreclosed, and one that itself suggests viewpoint discrimination. See Iancu, 588 U.S. at 394 (holding that the “immoral or scandalous” criterion of the Lanham Act is viewpoint-based). Schulte says that this is all we need to reject Leners’s qualified-immunity defense. Indeed, we have previously denied qualified immunity where it was apparent that an official discriminated against a speaker based on the content of his speech—Surita v. Hyde, 665 F.3d 860, 869–74 (7th Cir. 2011)—and viewpoint discrimination is “an egregious form of content discrimination.” Rosenberger, 515 U.S. at 829.
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Bailey Barnes @baileydbarnes.bsky.social · 06/08/2026
Because being a circuit judge is famously not a particularly demanding job.
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Bailey Barnes @baileydbarnes.bsky.social · 06/08/2026
I know I’m late to the party, but I just started watching Severance, and, wow, Tramell Tillman’s performance is so good.
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Bailey Barnes @baileydbarnes.bsky.social · 06/08/2026
A fantastic interview about one person’s experience growing up in Appalachia and the complicated feelings that some people who leave the region have toward it. I look forward to reading the book, which promises to be less stereotypical than Hillbilly Elegy.
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David Gamage @davidgamage.bsky.social · 06/08/2026
Endowed Professorship Search The University of Missouri School of Law invites applications and nominations for an endowed professorship. The search committee will welcome applications of scholars in any field of law. 1/
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Kentucky Lantern @kentuckylantern.com · 05/08/2026
This is an important breaking story published through our collaboration with the Appalachian News Exchange, written by @justinhicks.lpm.org and Howard Berkes. Appalachia’s black lung rates highest in nearly 50 years as miners’ protections stall kentuckylantern.com/2026/08/05/a...
kentuckylantern.com
Appalachia's black lung rates highest in nearly 50 years as miners' protections stall • Kentucky Lantern
A new report found that working veteran underground coal miners in central Appalachia are suffering from black lung at the highest rates in nearly 50 years.
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KBIA @kbianews.bsky.social · 05/08/2026
Because voters rejected Amendment 4, proposed state constitutional amendments brought by the public will still require a simple majority to pass once on the ballot.
kbia.org
Missouri voters reject Amendment 4, say no to making it harder to amend the state constitution
Because voters rejected Amendment 4, proposed state constitutional amendments brought by the public will still require a simple majority to pass once on the ballot.
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St. Louis Public Radio @stlpublicradio.bsky.social · 04/08/2026
JUST IN: Missouri Secretary of State Denny Hoskins rejected an effort to put a GOP-leaning congressional map on the November ballot. The expected move from the Republican official Tuesday sets up a court battle that could have massive implications for Missouri’s 2026 election cycle.
stlpr.org
Hoskins rejects Missouri congressional redistricting map referendum, setting up court fight
The GOP Secretary of State’s decision was expected. Proponents of placing the GOP-leaning map up for a statewide vote will go to court to put a vote on the plan on the November ballot.
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Bailey Barnes @baileydbarnes.bsky.social · 01/08/2026
Can Scholastica not create a feature that allows me to select every journal I want to submit to and then automatically submit to those journals as they open? There has to be a better system than submitting a dozen separate times in a day. Happy August 1 to those who celebrate!
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explore.org @explore.org · 30/07/2026
Bearapoolaza Bonanza at Brooks!
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