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Curtis Bradley

@curtbradley.bsky.social
853 followers 482 following 32 posts

Professor, University of Chicago Law School

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Reposted by Curtis Bradley
UChicago Law Review @uchilrev.bsky.social · 07/09/2026
Volume 93.5 is now live, featuring pieces by Curtis Bradley, @curtbradley.bsky.social; Elizabeth Hidalgo Reese, @yunpovi.bsky.social; Shruti Baxi; Gabriel Juedemann; and Sami Winawer. You can find them all here: lawreview.uchicago.edu.
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Curtis Bradley @curtbradley.bsky.social · 21/07/2026
It’s out today! Here’s the latest edition of my monograph on international law in the U.S. legal system. As you might guess, there was a lot to cover since the last edition. www.amazon.com/Internationa...
amazon.com
International Law in the US Legal System
provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States. Curtis Bradley explains the structure of the U.S. legal system and the various...
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Curtis Bradley @curtbradley.bsky.social · 15/07/2026
Here’s an essay on the operation of the War Powers Resolution (WPR) during the Iran conflict. Bottom line: The WPR continues to affect the war powers interactions between Congress and the President. But, as currently structured, it may be doing more harm than good. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Iran Conflict and the War Powers Resolution
<p><span>This Essay examines the operation of the War Powers Resolution (WPR) during the 2026 U.S. military conflict with Iran and considers what that episode r
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Curtis Bradley @curtbradley.bsky.social · 15/07/2026
To Federal Courts instructors: We now have a completely updated Teacher’s Manual for our casebook! Available for law school professors, the Manual is over 350 single-spaced pages and covers the new Eleventh Edition of the casebook and the latest supplement. faculty.westacademic.com/Book/Detail?...
faculty.westacademic.com
Low and Jeffries’s Federal Courts and the Law of Federal-State Relations, 11th University Casebook Series 9798892097369 Curtis A. Bradley | Tara L. Grove | John C. Jeffries Jr. | Peter W. Low
faculty.westacademic.com: Low and Jeffries’s Federal Courts and the Law of Federal-State Relations, 11th: This longstanding casebook addresses the law governing the federal courts and their relationsh...
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Curtis Bradley @curtbradley.bsky.social · 13/07/2026
The free supplement for the new edition of our Federal Courts casebook is now available. Although the latest edition of the casebook came out this year, the Supreme Court’s term was full of Federal Courts-related rulings, so there was a lot to cover. 3668083.app.netsuite.com/core/media/m...
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Reposted by Curtis Bradley
Jeff @jammaj.bsky.social · 03/04/2026
“In light of President Trump’s recent threats to withdraw the United States from the North Atlantic Treaty, @jacklgoldsmith.bsky.social chats with @curtbradley.bsky.social of the University of Chicago Law School about whether Trump has the authority to do so.” www.execfunctions.org/p/can-trump-...
execfunctions.org
Can Trump Pull Out of NATO?
Who controls treaty withdrawal, the president or Congress?
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Curtis Bradley @curtbradley.bsky.social · 25/02/2026
I'm excited to report that we have a new edition of our federal courts casebook about to come out, and that the wonderful Trevor Morrison will be joining us as a co-author going forward!
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Curtis Bradley @curtbradley.bsky.social · 04/02/2026
I’m excited to report that my new paper with Jack Goldsmith, “General Law Revivalism and the Problem of 1938,” will be published by the Yale Law Journal (link below). Still plenty of time for comments! @yalelawjournal.bsky.social papers.ssrn.com/sol3/papers....
papers.ssrn.com
General Law Revivalism and the Problem of 1938
<p><span>From the constitutional Founding until </span><span>Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of
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Reposted by Curtis Bradley
UChicago Law @uchicagolaw.bsky.social · 03/02/2026
During the Midway Dinner — a cherished tradition at #UChicagoLaw that marks the halfway point of 2L’s journeys — Prof. @curtbradley.bsky.social had three suggestions for the JD class of 2027: “Stay curious, be tentative in your views, and value community.” www.law.uchicago.edu/news/be-curi...
A white man in glasses and grey hair stands at a podium making a speech.
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Curtis Bradley @curtbradley.bsky.social · 07/01/2026
Here's my latest paper with Jack Goldsmith, "General Law Revivalism and the Problem of 1938." Short version: Erie is incompatible with and precludes many versions of originalism but is now too foundational to eliminate. (Comments appreciated.) papers.ssrn.com/sol3/papers....
papers.ssrn.com
General Law Revivalism and the Problem of 1938
From the constitutional Founding until Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of "general law" to
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Curtis Bradley @curtbradley.bsky.social · 24/11/2025
How do lower courts respond when the Supreme Court starts casting doubt on its own precedents without overruling them? How *should* the lower courts respond? Tara Grove and I consider these questions in this article, which is now out in the Virginia Law Review. virginialawreview.org/wp-content/u...
virginialawreview.org
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Reposted by Curtis Bradley
UChicago Law @uchicagolaw.bsky.social · 06/11/2025
Several justices were concerned that if they sided with Trump, Congress would lose control over tariffs, even though the Constitution gives that power to lawmakers, said Prof. @curtbradley.bsky.social
buff.ly
Justices question Trump tariffs as Supreme Court weighs keeping them: Top takeaways
Justices question whether Trump has the power to impose tariffs on most imports. The questions reveal much about where they stand on Trump's policies.
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Curtis Bradley @curtbradley.bsky.social · 02/11/2025
My article on Sovereign Power Constitutionalism is finally out! As I explain, it is difficult to understand the U.S. Constitution’s allocations of authority without understanding the international law backdrop against which the Constitution was written. lawreview.uchicago.edu/sites/defaul...
lawreview.uchicago.edu
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Curtis Bradley @curtbradley.bsky.social · 09/09/2025
It's been almost 90 years since the Supreme Court in Erie v. Tompkins disallowed federal court application of general common law. There has, however, been a revival of interest in the general common law, something we'll be discussing this spring at UChicago! www.law.uchicago.edu/events/eries...
law.uchicago.edu
Erie’s Future and General Common Law Revivalism | University of Chicago Law School
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Curtis Bradley @curtbradley.bsky.social · 12/08/2025
Here’s my latest draft article, “Extradition in the Early Republic: International Law and Constitutional Authority.” It documents how interpreters constructed the constitutional law of extradition, resolving key issues concerning presidential power and federalism. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Extradition in the Early Republic: International Law and Constitutional Authority
<span>This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law.<
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Reposted by Curtis Bradley
Katherine Mims Crocker @crockeroncourts.bsky.social · 01/07/2025
👇👇👇 Featuring @williambaude.bsky.social, @curtbradley.bsky.social, Sam Bray, John Harrison, @marinklevy.bsky.social, @gillianmetzger.bsky.social, @portiapedro.bsky.social, Jim Pfander, Alex Reinert, Tom Schmidt, @jcschwartzprof.bsky.social, Fred Smith, Mila Sohoni, Adam Steinman & Garrett West
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Reposted by Curtis Bradley
Lawfare @lawfaremedia.org · 06/05/2025
@jacklgoldsmith.bsky.social, @oonahathaway.bsky.social, and @curtbradley.bsky.social explain why the Ukraine-U.S. agreement is likely a “sole executive agreement” and does not need to be submitted to Congress and analyze the relevance of recent reforms to the Case-Zablocki Act.
lawfaremedia.org
The U.S.-Ukraine Agreement: Legality and Transparency
The recently announced mineral deal is likely a lawful “sole executive agreement” that the president need not submit to Congress, but subsequent implementing agreements are likely to raise questions…
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Curtis Bradley @curtbradley.bsky.social · 06/05/2025
This post assesses the legality and transparency of the U.S.-Ukraine minerals agreement and future implementing agreements. We argue: U.S. citizens should not have to depend on disclosure by other countries to know what the U.S. government is doing in their name. www.lawfaremedia.org/article/the-...
lawfaremedia.org
The U.S.-Ukraine Agreement: Legality and Transparency
The recently announced mineral deal is likely a lawful “sole executive agreement” that the president need not submit to Congress, but subsequent implementing agreements are likely to raise questions o...
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Reposted by Curtis Bradley
Just Security @justsecurity.org · 06/05/2025
Q: Is the US - #Ukraine agreement on #CriticalMinerals one that requires congressional or Senate approval? A: No, write @curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social But follow-on agreements very well might. A x-post w/our friends at @lawfaremedia.org
justsecurity.org
The U.S.-Ukraine Agreement: Legality and Transparency
The mineral deal is likely a “sole executive agreement” that the president need not submit to Congress, but transparency obligations remain.
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Reposted by Curtis Bradley
The New York Times @nytimes.com · 18/04/2025
Read a federal appeals panel’s sharp rebuke of the Trump administration.
nytimes.com
Read a Federal Appeals Panel’s Sharp Rebuke of the Trump Administration
A federal appeals court in Virginia issued a striking opinion on Thursday, reaffirming that the Trump administration had to take a more active approach in seeking the release of a Maryland man, Kilmar...
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Curtis Bradley @curtbradley.bsky.social · 17/04/2025
Update: Members of the House are now involved in an effort to find out about the agreement that the administration made with El Salvador concerning the detention of migrants, an agreement that under federal law must be reported to Congress. democrats-foreignaffairs.house.gov/press-releas...
democrats-foreignaffairs.house.gov
Meeks, Castro Send Letter to Rubio Demanding Answers on El Salvador Agreement
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Reposted by Curtis Bradley
Jack Goldsmith @jacklgoldsmith.bsky.social · 17/04/2025
My former boss Judge Wilkinson, joined by judges King and Thacker, issues a strongly but respectfully worded decision denying USG request for emergency relief in the Abrego Garcia case. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
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Reposted by Curtis Bradley
Just Security @justsecurity.org · 17/04/2025
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained, write @curtbradley.bsky.social, @jackgoldsmith.bsky.social, & @oonahathaway.bsky.social X-post with @lawfaremedia.org www.justsecurity.org/110515/trans...
justsecurity.org
New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained
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Curtis Bradley @curtbradley.bsky.social · 17/04/2025
@oonahathaway.bsky.social, @jacklgoldsmith.bsky.social, and I have a new post discussing how transparency rules enacted by Congress in 2022 may help reveal the terms of the agreement that the U.S. has made with El Salvador concerning the detention of migrants. www.lawfaremedia.org/article/the-...
lawfaremedia.org
The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained.
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Reposted by Curtis Bradley
Lawfare @lawfaremedia.org · 17/04/2025
@curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social explore how a transparency statute for international agreements passed in 2022 could force the disclosure of any U.S.-El Salvador agreements related to Kilmar Abrego Garcia’s detention at CECOT.
lawfaremedia.org
The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained.
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Curtis Bradley @curtbradley.bsky.social · 10/02/2025
Thanks, Larry, for recommending my latest paper. And I should note that there is still time for me to take account of comments! lsolum.typepad.com/legaltheory/...
lsolum.typepad.com
Bradley on United States v. Curtiss-Wright Export Corporation and Sovereign Powers
Curtis Bradley (The University of Chicago Law School) has posted Sovereign Power Constitutionalism on SSRN. Here is the abstract: The constitutional text seems to be missing a host of governmental pow...
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Curtis Bradley @curtbradley.bsky.social · 03/02/2025
balkin.blogspot.com/2025/02/balk...
balkin.blogspot.com
Balkinization: Balkinization Symposium on Curtis A. Bradley, Historical Gloss and Foreign Affairs-- Collected Posts
A group blog on constitutional law, theory, and politics
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Curtis Bradley @curtbradley.bsky.social · 30/01/2025
The Balkinization site recently hosted commentaries on my new book, “Historical Gloss and Foreign Affairs.” The commentators are all terrific scholars, and I found their reflections to be extremely fair-minded and insightful. I address a few points here. balkin.blogspot.com/2025/01/glos...
balkin.blogspot.com
Balkinization: Glossing the Foreign Affairs Constitution
A group blog on constitutional law, theory, and politics
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Curtis Bradley @curtbradley.bsky.social · 29/01/2025
An advantage of the historical gloss approach is that, by focusing on the accretion of governmental practices over multiple political alignments, it provides some resistance to radical norm-breaking by one particular President. True of birthright citizenship, impoundment of money, and other issues.
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Curtis Bradley @curtbradley.bsky.social · 23/01/2025
This new paper, "Sovereign Power Constitutionalism," is one of the most challenging papers I've ever written. It shows how conceptions of nationhood have long informed U.S. constitutional interpretation. Forthcoming in @UChiLRev but still plenty of time for comments! papers.ssrn.com/sol3/papers....
papers.ssrn.com
Sovereign Power Constitutionalism
<p><span>The constitutional text seems to be missing a host of governmental powers that we take for granted, including powers relating to immigration, Indian af
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Curtis Bradley @curtbradley.bsky.social · 21/01/2025
Trump said that that the U.S. would consider its withdrawal from the Paris agreement to be "effective immediately,” but the treaty requires a one-year waiting period. He did not say this about withdrawal from the WHO agreement, probably because a federal statute specifies a one-year waiting period.
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Curtis Bradley @curtbradley.bsky.social · 15/01/2025
I’m honored that my new book is the subject of commentary this week on the Balkinization site. There’s an incredible lineup of commentators, and I’m excited to see what they have to say. I’ll respond when it’s all done, mainly to thank everyone for their engagement with my work. balkin.blogspot.com
balkin.blogspot.com
Balkinization
A group blog on constitutional law, theory, and politics
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Curtis Bradley @curtbradley.bsky.social · 04/12/2024
A fair-minded review of my new book, from an originalist perspective, by Julian Ku. I agree with him that “originalists should welcome the use of historical gloss,” in part because, as he notes, “it is hard to imagine a functional originalist Constitution without it.” fedsoc.org/commentary/f...
fedsoc.org
How Should Historical Gloss Inform Our Interpretation of the Constitution?: A Review of Historical Gloss and Foreign Affairs: Constitutional Authority in Practice
“[It is] an inadmissibly narrow conception of American constitutional law to confine it to the word...
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Curtis Bradley @curtbradley.bsky.social · 03/12/2024
"During the early history of extradition in the United States, political actors were simultaneously working out their positions on the relevant international law rules while also working out their positions on matters of domestic authority, and those two projects inevitably intersected."
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Curtis Bradley @curtbradley.bsky.social · 03/12/2024
It’s been said that the past is another country. That’s certainly true of the early U.S. practice of international extradition, as I discuss here. The practice raised difficult issues of presidential power, federalism, and the domestic application of international law. tlblog.org/historical-g...
tlblog.org
Historical Gloss and the Extradition Power - Transnational Litigation Blog
In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been hea...
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Curtis Bradley @curtbradley.bsky.social · 02/12/2024
How do the lower courts respond when the Supreme Court starts disfavoring (rather than overruling) its precedents—Bivens, for example, or Chevron before Loper Bright? How should they respond? Tara Grove and I explore these and related questions in this new paper. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Vertical Stare Decisis and Disfavored Precedent: An Empirical and Normative Analysis
There has been significant debate in recent years about the stare decisis effect of Supreme Court decisions, prompted in large part by the overturning of Roe v.
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Curtis Bradley @curtbradley.bsky.social · 25/11/2024
After having presented my new book at a number of other law schools in recent weeks, it will be a special treat to “launch” the book at this upcoming event at my own law school. With commentary from my amazing colleagues Will Baude and David Strauss. www.law.uchicago.edu/events/book-...
law.uchicago.edu
Book Launch- Historical Gloss and Foreign Affairs: Constitutional Authority in Practice | University of Chicago Law School
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William Baude @williambaude.bsky.social · 25/11/2024
Call For Papers! The University of Chicago 2025 Constitutional Law Conference seeks papers on any aspect of constitutional rights. Details here:
buff.ly
UChicago Constitutional Law Conference 2025 Call for Papers | University of Chicago Law School
The Paper Submission Deadline is January 16, 2025. There is no charge for submissions.
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Lior Strahilevitz @thelior.bsky.social · 21/11/2024
I'm happy to welcome the University of Chicago Law School, @uchicagolaw.bsky.social, to Bluesky! To celebrate the arrival of our official account, here is a starter pack with my faculty colleagues. go.bsky.app/L81ZCoX
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Curtis Bradley @curtbradley.bsky.social · 22/11/2024
I’m looking forward to this upcoming conference at UChicago on “Sovereign Power and the Constitutional Text.” A great lineup, addressing an array of topics, including Indian law, immigration law, extradition, and the extraterritorial application of criminal law. www.law.uchicago.edu/events/sover...
law.uchicago.edu
Sovereign Power and the Constitutional Text | University of Chicago Law School
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Curtis Bradley @curtbradley.bsky.social · 20/11/2024
I’m quoted in here about some of the legal issues that would arise if Trump were to try to pull the U.S. out of NATO. Bottom line: He can’t do it unilaterally if he follows the law, but it’s not clear that the courts would force him to follow the law. www.politico.com/news/2024/11...
politico.com
The law is ‘not airtight’: Trump may have a way out of NATO
The guardrail against the next president leaving the alliance is shakier than you think.
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Curtis Bradley @curtbradley.bsky.social · 19/11/2024
I’m looking forward to talking about my new book tomorrow at GW law school, a place with a deep bench of foreign relations law expertise. calendar.gwu.edu/event/book-t...
calendar.gwu.edu
Book Talk with Professor Curtis Bradley | Historical Gloss and Foreign Affairs
Join the International & Comparative Law Program for a book talk with Professor Curtis A. Bradley on his latest book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice. No re...
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Curtis Bradley @curtbradley.bsky.social · 19/11/2024
Thanks to @elenachachko.bsky.social for conducting this podcast interview about my new book, “Historical Gloss and Foreign Affairs.” Elena’s questions reflect a close reading of the book and are the perfect mix of encouragement and careful scrutiny. www.law.berkeley.edu/podcast-epis...
law.berkeley.edu
Historical Gloss and Foreign Affairs
Episode 29 of Borderlines features distinguished scholar Professor Curt Bradley (Chicago) discussing his new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard U...
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Elena Chachko @elenachachko.bsky.social · 19/11/2024
Such a pleasure to host @curtbradley.bsky.social at @ucberkeleylaw.bsky.social and dive into his new book, Historical Gloss & Foreign Affairs. Listen to our conversation on history & constitutional meaning, gloss & originalism, and why the President doesn't always win in a new Borderlines episode:
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Curtis Bradley @curtbradley.bsky.social · 18/11/2024
To get started on joining this site, here’s a quote I like from Justice Robert Jackson after he had served as a prosecutor at Nuremberg: “With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law.”
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Curtis Bradley @curtbradley.bsky.social · 15/11/2024
Shifting over to Bluesky.
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