Civil Rights Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Civil Rights.




Insurance Law: Enforcing Claims From The Insurance Policy

  March 26, 2015     By GRP Rainer LLP
It is crucial both in one’s private life and in business to cover oneself against damage and loss. It is not, however, always easy to enforce claims from an insurance policy if damage or loss has occurred.

What are Timeshare 'Points'?

  March 25, 2015     By Aaronson Law Firm
The timeshare deed system required a level of disclosure that effectively prevented certain practices hurting the bottom line of the unscrupulous timeshare developer.

Can a Joint Account Be Garnished?

  March 24, 2015     By HG.org
When a creditor wants to ensure that it will quickly receive the funds that it is due, it may go after any funds or assets that it can get its hands on. In some situations, creditors may prefer to garnish a bank account rather than go after an employee’s wages. In many situations, the creditor may be able to access funds in a joint account.

Tax Evasion: Switzerland Cooperates and Provides Banking Information

  March 18, 2015     By GRP Rainer LLP
Switzerland is serious about the fight against illicit earnings and tax evasion. It wants to participate in the automatic exchange of information between EU states.

What Conditions Apply to Probation?

  March 17, 2015     By HG.org
Probation is a conditional sentence, meaning that if the defendant does not comply with the conditions, the probation can be revoked and the suspended jail sentence can be imposed. Probation conditions vary widely by geographic region, as well as the type of court that entered the probation. In some cases, a judge may impose specific provisions, while in others, a probation officer may impose certain conditions.

How Can I Ensure that I Receive Fair Pay as a Woman?

  March 12, 2015     By HG.org
Historically, women have earned less than their male counterparts. Nationally, women make about 78 cents on the dollar that each man earns for the same job. However, a variety of laws have been passed to help ensure women of fair pay. Here is an overview of those laws and the steps you can take to ensure that you, as an employee, are receiving a fair rate of pay.

What Are the Rules Regarding Miranda?

  March 8, 2015     By HG.org
Anyone who has seen a cop show has probably memorized a person’s “rights.” The common warnings regarding the right to remain silent and the right to consult a lawyer are well known. However, citizens may not be aware of the implications of what happens when these rights are not read or given to them.

How Is a Class Certified?

  March 8, 2015     By HG.org
Before a class action lawsuit can proceed, the class must be certified. This process ensures that the plaintiffs have enough similarities to proceed with litigation against the named defendant as part of one larger case.

How Far Does the Right to Bear Arms Really Go?

  March 5, 2015     By HG.org
For many Americans, the right to have and use a gun is quite precious. Viewed as a way to combat tyranny, to protect one's home and person, and as a tool for recreation, guns are a big part of the American way of life. But how far does the right to bear arms really go?

What Are Common American Censorship Laws?

  March 5, 2015     By HG.org
How often have we heard someone say “It's a free country, I can say what I want to?” In most cases, that person is correct. But, America does not always allow free speech without constraint.

If My State Has Legalized Marijuana, Can I Smoke it in Federal Housing?

  February 28, 2015     By HG.org
Although some states permit marijuana use for medical or recreational reasons, federal housing is based on federal laws. At the time of publication, marijuana use was still outlawed by federal law. However, guidance from the Department of Housing and Urban Development shows the nuances in laws that federal housing projects are currently laboring under.

What Can I do if I Am Not Satisfied with an Order of Goods I Received?

  February 26, 2015     By HG.org
Not all businesses have policies in place that will allow you to have a full refund if you are not satisfied with goods. However, there may be a variety of remedies available to you if you are not satisfied with an order of goods that you received.

Where is Same-Sex Marriage Legal?

  February 20, 2015     By HG.org
For the thousands of people involved in same-sex relationships in the United States, times have really begun to change. After decades of fighting for equal rights, many states have slowly begun to allow gay and lesbian couples to experience the same rights, benefits, and privileges associated with marriage as straight couples have always been allowed.

What Is Bait and Switch?

  February 18, 2015     By HG.org
Bait and switch is a common deceptive sales practice that advertises an item for sale to entice customers to come to the store. Once the customer arrives in anticipation of the discounted item, he or she is told that the item is not available and is directed toward a more expensive alternative.

Why Is Parody Protected Under the First Amendment?

  February 16, 2015     By HG.org
While parodies often cause a good laugh, their influence can be much more dramatic and long-lasting. Because parodies provide an important historic reference and social commentary, they enjoy certain protections under the First Amendment and in copyright cases.

When Can I Assert My Fifth Amendment Right?

  February 15, 2015     By HG.org
The Fifth Amendment to the United States Constitution provides individuals the right not to serve as a witness against themselves. Through this amendment, a witness may prevent the disclosure of evidence that can ultimately be used against him or her in a criminal case. There are a variety of situations in which a person may assert this privilege.

What is Net Neutrality and Why Should You Care?

  February 14, 2015     By HG.org
Much has been made over the last few years about net neutrality. Still, most people are confused by what this term refers to and why it matters. This confusion is understandable given the misleading nature of the name, and the way it is often misapplied in the media. But, net neutrality is actually a very important concept to understand and one that could directly impact the way the Internet works and how we all use it.

How to Avoid Trouble During a Traffic Stop

  February 14, 2015     By HG.org
Millions of Americans fear what can happen during a traffic stop. The names “Ferguson” and “Rodney King” have taken on a significance in the national psyche that will not soon be shaken.

Freedom of Speech – Why Satire is Protected

  February 10, 2015     By HG.org
The First Amendment to the United States Constitution grants individuals the freedoms of speech, the free exercise of religion, the press and the right to peacefully assemble. While many individuals may construe their freedom of speech rights broadly, not all forms of speech are protected. Satire is generally a protected form of speech, but there are certain exceptions.

Can You Legally Be Forced to Vaccinate Your Child?

  February 9, 2015     By HG.org
At the time of publication, there is no federal law requiring vaccinations of children. These laws are left to the state and the local governments. While many areas require vaccinations for children before they are allowed to enter daycare or school, there are exemptions that may apply.

How do I Get Witnesses to Testify in my Case?

  February 8, 2015     By HG.org
Many individuals are hesitant to appear in court out of fear or a lack of familiarity with the court system. There are several ways that you can get the testimony that you need to assist you in your civil or criminal case.

Was the Shooting of Jessica Hernandez Justified?

  January 29, 2015     By Hebets & McCallin, PC
Over the recent past both police departments nationally as well as the Denver police department have been increasingly in the public eye for what many would characterize as a disproportionate use of force.

What Does the Fourth Amendment Protect?

  January 22, 2015     By HG.org
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by agents of the government. This does not mean that individuals are free from all searches and seizures, but only that they are protected from “unreasonable” ones.

What Type of Speech Is Not Protected by the First Amendment?

  January 22, 2015     By HG.org
While many Americans know that they have a right to free speech, the lay opinion often views the degree of protection afforded by the United State Constitution as much broader than it is in reality. The First Amendment does not protect all types of speech.

What Does the Fifth Amendment Protect?

  January 22, 2015     By HG.org
While many people associate the Fifth Amendment with not incriminating themselves, there are other important aspects of this Amendment to the United States Constitution. This Amendment provides a number of important rights.

How Can I Serve Someone if I Don’t Know Where They Live?

  January 4, 2015     By HG.org
Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action is pending against him or her. Here are a few ways that you may be able to use to locate the other party and to ultimately have him or her served.

What Is Service of Process?

  January 4, 2015     By HG.org
In order for a plaintiff to proceed with a case, he or she must notify the defendant of a pending action against him or her. Through service of process, the defendant can receive this important information.

G20 Declares War on Tax Evasion - Submit Voluntary Declaration on Time

  December 30, 2014     By GRP Rainer LLP
The finance ministers of the G20 are continuing to expedite the fight against tax evasion. Account data is rapidly set to be automatically exchanged among them.

Tax Evasion: Small Mistakes in Voluntary Declaration Can Have Serious Repercussions

Voluntary declarations leading to immunity serve as an incentive to return to a state of legal tax affairs, yet they will only succeed if they are error-free.

A New Procedure for Notifying the Federal Migration Service in Russia on Attracting and Using Highly Qualified Specialists

From 1 January 2015, the procedure for notifying authorities about attracting and using highly qualified specialists will be changed.

What Are the Rules Regarding Unconstitutional Searches?

  By HG.org
The United States Constitution provides protection for individuals from illegal searches and seizures. Whether a search is constitutional depends on the particular circumstances of the case.

Paternity Suit in Turkey Under Turkish Family Law

Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.

Gift Tax in Germany: Make Use of Room for Manoeuvre

The state looks to profit even from gifts, levying gift tax as soon as the tax allowance is exceeded. There are, however, different possible arrangements in connection with gift tax.

Tax Law: Key To A Closed Book

For many people, tax law is a closed book. Expert help is frequently necessary in order to pay taxes correctly and at the same time avoid giving away too much money.

Tax Evasion: Federal Government Passes Stricter Rules For Voluntary Disclosure in Germany

On September 24, the federal government adopted a tightening of the rules for voluntary disclosure in the event of tax evasion. Amounts shall only remain unpunished up to 25,000 EUR.

Risk Of Discovery Continues To Increase – Return To A State Of Legal Tax Affairs Via Voluntary Declaration

Owing to so-called group enquiries, German tax investigators are able to retroactively search for tax evaders in Switzerland up to February 1, 2013.

The Russian President Signed a Law Limiting Foreign Participation in the Media

Russian President Vladimir Putin signed a federal law limiting the participation of foreigners in the Russian media.

Citizens of Kyrgyzstan Will Be Able to Work in Russia Without a Work Permit

The Deputy Minister of Labor, Migration and youth of Kyrgyzstan proposed a simplified procedure in Russia, Belarus and Kazakhstan for citizens of Kyrgyzstan.

Foreigners Will Be Able to Receive a Pension in Russia

According to a bill signed by the President of the Russian Federation, foreign citizens of countries in the Eurasian Economic Union will be able to receive a pension in Russia.

Patent Will Be 4,000 Rubles Per Month for Foreign Nationals in Russia

Currently, the Moscow City Duma is considering a bill to increase the value of the patent (the size of the tax on personal income, charged monthly) to 4,000 rubles.

Save on Inheritance Tax Through Tax Optimisation

Anyone coming into an inheritance generally has to pay inheritance tax. However, by observing certain regulations, they can ensure that the tax authorities take a smaller share.

5 Ways to Avoid Becoming the Victim of Curbstoning in an Auto Sale

Most lemon laws apply to dealers only, not to private sellers. Because of this some unscrupulous dealers attempt to sidestep the laws altogether by using a system called curbstoning.

California's Loss of Tesla's $6 Billion Battery Factory

A question of free market vs. government over-regulation to address the issue of environmental sustainability.

Visa Appeal: An Important Part of Immigration in Bangladesh

Immigration laws are very important factor for the developing countries who used to export manpower to developed countries. In the developed countries, the immigration practices are handled by skilled lawyers but unfortunately in Bangladesh it is mainly handled by brokers,agents, Travel Agencies and illiterate people. That is why the applicants are not getting proper legal advice and facing serious problems as well as harassment regarding Immigration matters.

New Rules for the Registration of Russian Citizens

As of August 27th, apartment owners are required to notify the relevant departments of the FMS not only about foreigners living in the apartment, but also about citizens of the Russian Federation living in the apartment, in the event their period of stay in the apartment exceeds 90 day.

How to Avoid Trade-In Auto Fraud

Trading in your old car to help pay for a new one at the dealership may seem like a good way to shave off the cost of a new car. However, not all trade-in transactions are handled in an honest manner, and this can lead to unfortunate results for consumers.

Breach of Trust in the UAE

Five points you should know about breach of trust before you accuse somebody

Surrogate Mother from the Ukraine: Legal Grounds

It is not a secret that an average childbearing age in the developed countries has significantly increased. Many people in developed countries live for a long time "for him(her)self" and start thinking about children only at the age of 40. And if such an age is not a problem for a man, a woman, even with modern medicine, may have some difficulties with the childbirth. In most cases the surrogacy is the only way.

Travel Operator Breaks Price Agreements with Agent

Partnerships between agents and principals in agency relationships don’t always go smoothly. In this case, a dispute arose between a travel agent and a travel operator related to ‘price manipulation’.

I Would Like to Change My Defense Lawyer. How Can I Do This?

  By HG.org
At times, a criminal defendant may find that he or she is not satisfied with the attorney that was hired for one reason or another. Generally speaking, a defendant who has been appointed a public defender or who hired a private attorney can fire the original attorney and hire a new private attorney when he or she wants to do so. Usually, the defendant does not need court approval in order to take this action. However, there may be consequences to taking this action.

Amended Tax Return in the Event of Tax Evasion: Tax Liability Must Be Discharged Quickly

If someone has evaded taxes and would like to submit an amended tax return leading to immunity from punishment, they should have sufficient liquidity. The tax liability must be discharged within a short timescale.

Do I Have a Criminal Case? How to Determine if My Situation Is a Case for a Lawyer

  By HG.org
While many criminal defendants decide to plead guilty early in the process in order to save time or to get a deal with the prosecutor, there are many times when it is reasonable to consult with a criminal defense lawyer. If one of the following applies to you, consider speaking with a criminal defense lawyer.

Do I Have a Civil Lawsuit Case? How to Determine if My Situation Is a Case for a Lawyer?

  By HG.org
If you have been injured in another accident that was caused by another party, you may be able to pursue a civil lawsuit against the responsible party. However, a lawyer may evaluate certain factors of your case to determine whether or not to take your case.

I Cannot Pay for a Lawyer. What Should I Do?

  By HG.org
Most people do not anticipate that they will need an attorney and as such do not save for such an expensive need. While many lawyers charge hundreds of dollars per hour for their services, there are a few options available for individuals who are unable to pay for an attorney.

Cancelling Life Insurance Policies: Instruction on Cancellation is Decisive

Whether a life insurance policy can still be cancelled years later depends to a large extent on whether the policyholder’s possibilities of cancellation were properly explained to him.

Ship Funds: World Trade Losing Momentum

World trade, important for merchant shipping and thus also those investing in ship funds, appears to be losing momentum. This is demonstrated by the current figures.

Up Close and Personal: The Malaysian Personal Data Protection Act

The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.

Your Rights as a Consumer in Malta

When purchasing a product in terms of the Maltese Consumer Affairs Act, consumers have clear-cut legal rights. The warranty provided by the supplier or the manufacturer cannot curtail or negatively affect the consumer’s rights.

Due Diligence Review Essential for Larger Transactions

In the case of larger transactions, including in particular the acquisition of companies, shares in companies or investment property such as real estate, a careful risk assessment is indispensable. This kind of due diligence review provides all the relevant information for the planned purchase.

Civil Justice for New York Crime Victims

Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.

Wisconsin Voter ID Law Struck Down-What Could That Mean For Virginia?

A strict Voter ID law was struck down in Wisconsin, just as Virginia prepares to implement its own similar law.

Judge Strikes Down Teacher Tenure in California

California education employment codes found unconstitutional. Tenure struck down.

The UAE Competition Law (Federal Law Number 4 of 2012)

The UAE Competition law published in October 2012 and aims at regulating business and trading entities operating within the United Arab Emirates. The Competition law safeguards rights and interests of consumers at large and also aims at maintaining market sentiments.

The Scent of Jasmine

I rose to shake hands with my client and asked her to sit down. You see, at first I didn’t recognize her. It was only when I glanced down at her hand and saw the ring that I knew it was she. An old and now estranged friend had given it to her.

Law for the Protection of Personal Data and its Rulings in Costa Rica

The Rulings of the Protection of Personal Data Information Law were enacted on March 5th, 2013, which entered into force on the same date. This new regulation pretends to ensure the implementation of the above-mentioned law, by assigning the “Agencia de Protección de Datos de los Habitantes (PRODHAB)” as the competent authority to hear complaints, being responsible for implementing this new liability regime.

Is Apple in Breach of EU Consumer Rights Law?

On the 13th May 2014 the Norwegian Consumer Council lodged a complaint against Apple with Norway’s Consumer Ombudsman. According to the complaint, Apple’s iCloud service violates European consumer law by allowing Apple to change its terms and conditions at any time without giving notice to its customers.

Five Points You Should Know About the Cheques (Checks) in the UAE

The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date

Cheques (Checks) in the UAE

Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.

The Change Of Company Object Of A GmbH (limited liability company) Can Be Considered A Re-establishment

On 03.06.2012, the Federal Supreme Court (BGH) held that the resumption of business operations associated with a new company object should be classified as an economic re-establishment. This must be disclosed to the court of registration; otherwise liability was likely to arise.

Limitation Of Employment Contracts And Termination

Since coming into effect in the year 2000, the Labour Court Acceleration Act changed procedural rules of the Labour Court Act, but also set down an important new provision in substantive labour law. Its goal is to simplify and speed up labour court proceedings.

Regulations Of Commission In The Standard Business Terms (AGB) For Trade Representative Contracts

Trade agents contractual commission regulations can be ineffective if they are contradictory according to § 307 para. 1 sentence 2 BGB (Federal code of law).

Prospectus Liability

Prospectuses on investment opportunities are designed to provide investors with essential information for their investment decisions. Therefore, the prospectus must fully and accurately inform potential investors or purchasers about all circumstances of the offered investment model that are relevant or may be essential to his or her decision. In the case of negligence, improper or fraudulent misrepresentation in a prospectus, liability for the prospectus might arise.

New Judgment Regarding The Liability In A GmbH

In this present case the Federal Court of Justice of Germany was concerned with the question of the shareholders’ liability in a GmbH in case of an economic re-establishment.

Two-person Ltd Liability Company: Requirements for the Dismissal of One of the Two Managing Partners

An important reason for dismissal and immediate termination of the service contract of managing directors of limited liability companies who are shareholders is given when the relationship between the two directors is profoundly disrupted and a normal cooperation is no longer possible. Prerequisite is that the managing director to be dismissed has significantly contributed to the discord. The fault or even preponderant fault of said director is not required.

Voter ID Law Strike Down a Victory for Justice

When a federal judge ruled that a voter ID law citing it violated the U.S. Constitution’s guarantee of equal protection, they upheld the rights of all in the face of political motives.

Supreme Court Upholds Michigan Ban on Affirmative Action

A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.

Commission Regulations In The AGB For Trade Representative Contracts

Trade agents contractual commission regulations can be ineffective according to § 307 para. 1 sentence 2 BGB (Federal code of law) if they are contradictory.

Remedies Against EU Sanctions Targeting Russian and Ukrainian Officials

  By Lorenz
In the wake of new turmoil in eastern regions of Ukraine, the European Union has decided to expand the list of sanctioned persons subject to a freezing of their assets. Irrespective of a number of exemptions provided for in the relevant EU Regulations, the sanctioned persons have the possibility of challenging the freezing measures before the EU Courts in Luxembourg.

Unpaid Income Tax Establishes Liability Of The Managing Director Of A GmbH – Company Law

In terms of the overall responsibility, a managing director is also liable for the income tax of employed workers that is not paid to the tax office.

Notices Of Termination and Fixed-Term Employment Contracts Only in Writing

Since 01/05/2000, the Labour Court Acceleration Act is in force, a law to simplify and speed up labour court proceedings.

Combined Offers in Advertising - Germany

Combined offers are when merchandise, often of high quality, is offered at an extremely low price and only in connection with the purchase of a main product. This sales method is increasingly used by some companies as a marketing strategy.

Regulations Of Commission For Trade Representative Contracts

The contractual commission regulations of trade agents can be invalid if they are contradictory.

Collecting Debts In Germany

Trust is good, control is better. This is especially true when making the first delivery to a new customer. A lawyer can support your company by assessing customer creditworthiness. Experienced lawyers will also discuss strategies to protect you against the risk of default.

Dealing with Harassment from Debt Collectors

The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when dealing with alleged debtors. They also provide remedies for people when collectors fail to comply with the statutes. This article is to help you determine whether a debt collector has violated the law and what you can do about it.

In Principle No Right To Restitution Of A Legacy Gifted During Lifetime – Law Of Succession

A legatee is only entitled to restitution of a legacy gifted during the lifetime of the testator under special circumstances.

Incorrect Turnover Projections Can Justify Damages Claims – Franchise Law

If a franchisee is not informed that turnover projections are based merely upon estimations then it is entitled to damages claims with respect to the turnover figures that have not been achieved.

Putting College Back in Prisons

Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.

Advisor Has To Demonstrate Any Disclosure Of Errors In Leaflets – Capital Market Law

Advisors must elucidate mistakes or information gaps in leaflets; otherwise, there has been a consultation error. The burden of proof for the disclosure lies with the advisor.

Five Things You Should Know About The Do Not Call Registry in Singapore

The Personal Data Protection Act (PDPA) of 2012 governs the collection, use and disclosure of personal data by private organisations. It establishes a Do Not Call (DNC) Registry, which came into effect on 2 January 2014. Here are five things you need to know about the DNC.

Termination By Regular Notice Due To Tax Evasion Of Employee Effective – Labour Law

Termination by regular notice of an employment relationship is effective if the employee makes use of an illegal accounting method to increase his earnings.

Incomplete Disclosure Regarding Refunds With Respect to Ship Funds MT “Margara” – Capital Market Law

The Regional Court of Hamburg awarded damages to an investor of the ship funds MT “Margara” because the latter was not informed about refunds.

Termination Of A Compliance Manager in Regards to Monitoring Measures

Circumstances may lead to the termination of a compliance manager when it comes to monitoring measures taken with regard to an employee.

Liability of Managing Director Due to Erroneous Information in Share Deal – M&A

If false information is provided or erroneous guaranties given in the context of a share deal, liability on the part of the managing director(s) is possible.

Manufacturers Should Be Considerate Of The Distributor’s Interests – Distribution Law

A manufacturer should reasonably accommodate the needs of the distributor worthy of protection and not contravene its interests without justifiable cause.

Heirs Don’t Need A Certificate Of Inheritance To Correct The Land Register – Law Of Succession

Where there is a public testamentary deed, the land registry office can correct the land register even in the absence of a certificate of inheritance.

Suspicion Of Personal Enrichment Can Justify An Extraordinary Dismissal – Employment Law

The Hamburg Labour Court recently ruled that the strong suspicion of credit memos belonging to a business being used for private purposes can justify an extraordinary dismissal.

Surf’s Up: New Consumer Directive Makes some Waves - Malta

In Europe, online sales are set to reach 191 billion Euro by the year 2017. Faced with these numbers, businesses simply cannot afford to pass up the opportunities presented to them by online channels. Neither can they afford to remain in the dark about developments in the e-commerce regulatory sector. The ever-changing landscape of the world market necessitates a fast reaction time and a keen adaptability for businesses to remain relevant.

The Development of Child Rights Law in the UAE

A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.

Taxpayer Standing Can Provide a Bulwark Against Government Overreach in California

In California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a resident taxpayer of the area affected and public funds will be spent to implement the challenged law.

Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act

Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.


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