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9780314929525

American Public School Law

by ;
  • ISBN13:

    9780314929525

  • ISBN10:

    0314929525

  • Format: Hardcover
  • Copyright: 1992-01-01
  • Publisher: West Group
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Supplemental Materials

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Summary

This popular and well-known textbook provides a comprehensive view of the law that governs the state schools systems of the United States. It presents and discusses legal cases concerned with the multitude of issues facing the public school system, including such issues as teaching diverse student populations, teacher rights, and the role of the Federal government. Over 1300 citations and school law case excerpts are included.

Table of Contents

Table of Casesp. xiii
Prefacep. xxxi
The Legal Systemp. 1
Constitutionsp. 2
Statutesp. 2
Court, or Case, Lawp. 3
Common Lawp. 3
Powers and Functions of Courtsp. 3
Applying Principlesp. 4
Interpreting Statutesp. 4
Determining Constitutionalityp. 5
The Purpose of Lawp. 6
An Invitation to Jurisprudence, Harry W. Jonesp. 6
Stare Decisisp. 7
The Historical Development of the Doctrine of Precedent, Harold J. Berman and William R. Greinerp. 7
Nature and Authority of Judicial Precedents, Henry Campbell Blackp. 8
Commentariesp. 9
The Role of Precedent in Judicial Decision, John Hannap. 9
Understanding Judicial Decisionsp. 10
Case or Controversyp. 11
A Legitimate Controversyp. 11
The American Court Systemp. 12
State Courtsp. 13
Federal Courtsp. 14
The Role of the Supreme Court in American Society, Archibald Coxp. 15
Vertical Judicial Federalism: The Legal Contextp. 17
Historical Perspective of Public Schoolsp. 21
America's First School Lawsp. 22
The Puritan Influencep. 22
A System of Educationp. 23
Education as a Rightp. 24
Common School Ideal Implementedp. 25
The Massachusetts Law of 1647p. 27
Preamble to a Bill for the More General Diffusion of Knowledge (1779)p. 28
Education as an Absolute Right, Horace Mann's Tenth Report (1846)p. 28
Education, the Balance-Wheel of Social Machinery, Horace Mann's Twelfth Report (1848)p. 29
Education Provisions of State Constitutionsp. 30
Jami McDuffy et al. v. Secretary of the Executive Office of Education et al.p. 32
Education Provision as Limitation on Legislaturep. 38
Rose v. The Council for Better Education, Inc.p. 38
Judicial Approval of Common Schoolsp. 42
Commonwealth v. Hartmanp. 42
Expansion of Public Schoolsp. 44
Charter Schoolsp. 45
Council of Organizations of Others for Education about Parochiad v. Governorp. 47
Tuition and Fees in Public Schoolsp. 50
Randolph County Board of Education v. Adamsp. 51
Cardiff v. Bismarck Public School Districtp. 53
Hartzell v. Connellp. 56
Role of the Federal Governmentp. 62
The Land Ordinancesp. 63
Indirect Federal Rolep. 64
State Sovereignty and the Tenth Amendmentp. 66
Federal Involvement in Educationp. 68
Education and General Welfarep. 68
Education and Commercep. 69
United States v. Lopezp. 72
Supremacy Clausep. 76
Shepheard v. Godwinp. 78
Wheeler v. Barrerap. 79
Eleventh Amendment Immunity of the Statesp. 83
Governance of Public Schoolsp. 89
Education as a State Functionp. 90
Limits of State Controlp. 91
State and Local Educational Agenciesp. 91
Functions of Educational Agenciesp. 93
Delegation of Legislative Powersp. 93
Executive Functionsp. 94
Quasi-Judicial Functionsp. 95
Hortonville Joint School District No. 1 v. Hortonville Education Associationp. 96
Fremont RE-1 School District v. Jacobsp. 98
Judicial Review of Educational Agency Actionsp. 102
State ex rel. Clark v. Haworthp. 103
McGilvra v. Seattle School District No. 1p. 106
Board of Education of Boone County v. Busheep. 108
Clark v. Jefferson County Board of Educationp. 110
School Officersp. 113
Smith v. Dorseyp. 114
Williams v. Augusta County School Boardp. 116
School Electionsp. 117
Hadley v. Junior College District of Metropolitan Kansas City, Mo.p. 118
School Board Meetingsp. 120
Aldridge v. School District of North Plattep. 121
Open Meetings and Public Records Lawsp. 124
Public Recordsp. 125
Open Recordsp. 126
Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconip. 127
Hovet v. Hebron Public School Districtp. 129
Church and Statep. 133
Wall of Separationp. 134
Religious Intolerancep. 135
Colonial Establishmentsp. 137
Religious Assessmentsp. 138
An Act for Establishing Religious Freedom, Thomas Jeffersonp. 138
Memorial and Remonstrance against Religious Assessments, James Madisonp. 139
Church Opposition to Schools of the Republicp. 141
The Public School and Religionp. 144
Public Taxation to Support Religious Schoolsp. 145
Everson v. Board of Educationp. 146
Board of Education of Central School District No. 1 v. Allenp. 149
The Establishment Clause and the Lemon Testp. 152
The Lemon Testp. 153
Lemon v. Kurtzmanp. 153
Precedents Shortly after Lemonp. 158
The Wall Begins to Crumblep. 160
The Marginalizing of Lemonp. 161
The Establishment Clause Reducedp. 162
Mueller v. Allenp. 164
Board of Education of Kiryas Joel Village School District v. Grumetp. 167
Agostini v. Feltonp. 171
Mitchell v. Helmsp. 175
Antiestablishment Provisions in State Constitutionsp. 183
Dickman v. School District No. 62 Cp. 187
Released Time for Religious Instructionp. 189
Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinoisp. 189
Zorach v. Clausonp. 191
Secularization of Public Schools: Prayer and Bible Readingp. 193
A Bifurcated Standardp. 194
Volitional Exercisesp. 194
Secular Purposep. 195
Silent Meditationp. 195
Student-Initiated Religious Speechp. 195
Prayer at Graduation and Extracurricular Activitiesp. 196
School District of Abington Township v. Schempp and Murray v. Curlettp. 197
Wallace v. Jaffreep. 199
Lee v. Weismanp. 202
Santa Fe Independent School District v. Doep. 205
Equal Access Actp. 212
Board of Education of the Westside Community Schools v. Mergensp. 212
Facilitiesp. 221
Lamb's Chapel v. Center Moriches Union Free School Districtp. 221
Flag Salutep. 224
West Virginia State Board of Education v. Barnettep. 225
School Attendancep. 231
State Prerogativep. 232
Plyler v. Doep. 233
Martinez v. Bynump. 237
Compulsory School Attendancep. 240
Parens Patriaep. 241
Instruction in Private Schoolsp. 243
Equivalent Instructionp. 244
Pierce v. Society of the Sisters of the Holy Names of Jesus and Maryp. 245
Religion: The Amish Exceptionp. 247
State of Wisconsin v. Yoderp. 248
Johnson v. Charles City Community Schools of Board of Educationp. 252
Home Instructionp. 255
Swanson v. Guthrie Independent School District I-Lp. 258
Murphy v. State of Arkansasp. 260
Birst v. Sansteadp. 264
Other Reasons for Nonattendancep. 266
Excessive Absencesp. 266
Travelp. 266
Illnessp. 267
Marriagep. 267
Vaccinationp. 267
Maack v. School District of Lincolnp. 269
The Instructional Programp. 275
Robust Exchange of Ideasp. 276
Judges Not Education Expertsp. 276
Limitation on State Powerp. 277
State ex rel. Andrews v. Webberp. 278
Sandlin v. Johnsonp. 280
Meyer v. Nebraskap. 281
Steirer by Steirer v. Bethlehem Area School Districtp. 283
Curriculum and the Pall of Orthodoxyp. 287
Board of Education, Island Trees Union Free School District No. 26 v. Picop. 289
Virgil v. School Board of Columbia County, Floridap. 293
Mozert v. Hawkins County Board of Educationp. 296
Brown v. Woodland Joint Unified School Districtp. 300
Obscenity and Sexp. 304
Filmsp. 306
Cornwell v. State Board of Educationp. 307
Keefe v. Geanakosp. 309
Fowler v. Board of Education of Lincoln County, Kentuckyp. 312
Evolution versus Creationismp. 314
Epperson v. State of Arkansasp. 317
Edwards v. Aguillardp. 319
Student Testing and Promotionp. 322
Due Process and Testingp. 322
Equal Protection and Testingp. 323
Debra P. v. Turlingtonp. 324
Grading and Academic Requirementsp. 328
Withholding Diplomap. 328
Grade Reductionp. 328
Grade Standards for Extracurricular Activitiesp. 329
Campbell v. Board of Education of Town of New Milfordp. 329
Bilingual Education Programsp. 333
Lau v. Nicholsp. 334
Student Rightsp. 339
Common Law and the Studentp. 340
Reasonablenessp. 342
In Loco Parentisp. 342
Wiemerslage v. Maine Township High School District 207p. 343
Constitutional Due Processp. 345
Substantive Due Processp. 346
Dunn v. Fairfield Community High School District No. 225p. 350
Corporal Punishment, the Eighth Amendment, and Substantive Due Processp. 352
Ingraham v. Wrightp. 353
Procedural Due Processp. 358
Dixon v. Alabama State Board of Educationp. 359
Goss v. Lopezp. 360
McClain v. Lafayette County Board of Educationp. 363
Sexual Harassment of Studentsp. 368
Franklin v. Gwinnett County Public Schoolsp. 369
Gebser v. Lago Vista Independent School Districtp. 372
Davis v. Monroe County Board of Educationp. 375
Child Abusep. 378
Definitionp. 379
Reportingp. 379
Penalty for Failure to Reportp. 380
Defenses for Failure to Reportp. 380
Arkansas Department of Human Services v. Caldwellp. 381
Freedom of Speech and Expressionp. 383
Material and Substantial Disruptionp. 383
Tinker Definedp. 384
Student Appearancep. 384
Hair Lengthp. 384
School Uniformsp. 385
Tinker v. Des Moines Independent Community School Districtp. 386
Bethel School District No. 403 v. Fraserp. 389
Chandler v. McMinnville School Districtp. 392
Student Publicationsp. 397
Forum Analysis of Hazelwoodp. 398
Categories of Publicationsp. 399
Hazelwood School District v. Kuhlmeierp. 401
Beussink v. Woodland R-IV School Districtp. 406
Search and Seizurep. 409
Reasonable Suspicionp. 410
Canine Searchesp. 412
Strip Searchesp. 413
Metal Detector Searchesp. 413
Exclusionary Rulep. 414
Drug Testingp. 414
Liability for Illegal Searchp. 415
New Jersey v. T. L. O.p. 415
Vernonia School District 47J v. Actonp. 420
Cornfield v. Consolidated High School District No. 230p. 424
DesRoches v. Caprio and School Board of the City of Norfolkp. 427
Isiah B. v. State of Wisconsinp. 430
Rights of Disabled Childrenp. 438
A History of Neglectp. 439
The Turning Pointp. 440
The Mills Casep. 440
Mills v. Board of Education of District of Columbiap. 441
Congressional Actionp. 444
Rehabilitation Act of 1973p. 444
Education for All Handicapped Children Act (EAHCA)p. 445
Amendments to the EAHCAp. 446
Interpretation of the IDEA (EAHCA)p. 447
Free Appropriate Public Educationp. 448
Procedural Safeguardsp. 451
Individualized Education Program (IEP)p. 451
Board of Education of Hendrick Hudson Central School District v. Rowleyp. 452
Timothy W. v. Rochester, New Hampshire, School Districtp. 456
Least-Restrictive Environmentp. 459
Oberti v. Board of Educationp. 461
Separate School Placementp. 465
Florence County School District Four v. Carterp. 467
Zobrest v. Catalina Foothills School Districtp. 470
Foley v. Special School District of St. Louis Countyp. 472
KDM v. Reedsport School Districtp. 474
Related Servicesp. 476
Irving Independent School District v. Tatrop. 477
Cedar Rapids Community School District v. Garret F.p. 479
Discipline and the Stay-Put Provisionp. 482
Honig v. Doep. 483
Attorney's Feesp. 488
Liability for Reimbursement of Parentsp. 489
Acquired Immunodeficiency Syndrome (AIDS)p. 490
Rehabilitation Act of 1973p. 491
IDEA and AIDSp. 492
Martinez v. School Board of Hillsborough County, Floridap. 492
Desegregationp. 498
Historical Backgroundp. 499
Erosion of Separate-But-Equalp. 501
Brown and the Demise of Segregated Schoolsp. 502
Brown v. Board of Education of Topekap. 504
Interpreting Brownp. 506
Griffin v. County School Board of Prince Edward Countyp. 508
Green v. County School Board of New Kent County, Virginiap. 511
Alexander v. Holmes County Board of Educationp. 512
De Facto Segregationp. 512
Keyes v. School District No. 1, Denverp. 513
Quotas and Busingp. 516
Swann v. Charlotte-Mecklenburg Board of Educationp. 517
Unitarinessp. 520
Pasadena City Board of Education v. Spanglerp. 521
Board of Education of Oklahoma City Public Schools, Independent School District No. 89 v. Dowellp. 525
Freeman v. Pittsp. 527
Remedial and Compensatory Remediesp. 532
Missouri v. Jenkinsp. 533
Missouri v. Jenkinsp. 536
Diversity and Racial Classificationsp. 539
Narrow Tailoringp. 539
Diversityp. 540
Interdistrict Desegregationp. 540
Milliken v. Bradleyp. 542
Title VI and Bakkep. 544
Tortsp. 548
Definition of a Tortp. 549
Intentional Interferencep. 549
Assaultp. 550
Batteryp. 550
Interference with Peace of Mindp. 551
Spears v. Jefferson Parish School Boardp. 551
Strict Liabilityp. 553
Fallon v. Indiana Trail Schoolp. 554
Negligencep. 555
Standard of Conductp. 555
The Reasonable Personp. 556
Elements of Negligencep. 556
Dutyp. 556
Standard of Carep. 557
Proximate or Legal Causep. 558
Injury or Actual Lossp. 559
Brown v. Tesackp. 559
Brownell v. Los Angeles Unified School Districtp. 561
Johnson v. School District of Millardp. 564
Richardson v. Corvallis Public School District No. 1p. 567
Defenses for Negligencep. 569
Contributory Negligencep. 569
Comparative Negligencep. 570
Assumption of Riskp. 570
Immunityp. 571
Stevens v. Chesteenp. 571
Simonetti v. School District of Philadelphiap. 573
Hutchinson v. Toewsp. 573
Hammond v. Board of Education of Carroll Countyp. 576
Wagenblast v. Odessa School District No. 105-157-166Jp. 579
Educational Malpracticep. 581
Donohue v. Copiague Union Free School Districtp. 582
Defamation and Student Recordsp. 587
Defamation Definedp. 588
Defamation in Public Schoolsp. 588
Privilegep. 589
Good Faithp. 589
Defamation Actionable Per Se and Per Quodp. 589
Public Officials and Figuresp. 590
Malicep. 593
Truthp. 593
Hett v. Ploetzp. 594
Desselle v. Guilloryp. 598
Phillips v. Lincoln County School Districtp. 600
Milkovich v. Lorain Journal Co.p. 602
Richmond Newspapers, Inc., v. Lipscombp. 606
Johnson v. Robbinsdale Independent School District No. 281p. 610
Student Recordsp. 616
Practices Suggested by Common Lawp. 616
Family Educational Rights and Privacy Act (FERPA)p. 616
Fay v. South Colonie Central School Districtp. 617
Governmental Immunityp. 622
Sovereign Immunityp. 622
Molitor v. Kaneland Community Unit District No. 302p. 624
Richardson v. Rankin County School Districtp. 627
Dollar v. Dalton Public Schoolsp. 628
Lentz v. Morrisp. 630
Abolition of Immunityp. 632
Discretionary Functionsp. 632
Mosley v. Portland School District No. 1Jp. 633
Insurance Waiver of Immunityp. 635
Dugger v. Sprousep. 635
Proprietary Functionsp. 636
Licensee and Inviteep. 637
Tanari v. School Directors of District No. 502p. 637
Nuisancep. 639
Hendricks v. Southfield Public Schoolsp. 640
Section 1983, Civil Rights Act of 1871 Liabilityp. 640
Personsp. 641
School Board Liabilityp. 642
Official Negligencep. 642
Individual Liabilityp. 643
Wood v. Stricklandp. 643
Eleventh Amendment and Local School Districtsp. 647
Minton v. St. Bernard Parish School Boardp. 648
Duke v. Grady Municipal Schoolsp. 650
Certification, Contracts, and Tenurep. 656
Certificationp. 657
Backgroundp. 657
Requirementsp. 658
Ambach v. Norwickp. 659
Wardwell v. Board of Ecucation of the City School District of the City of Cincinnatip. 661
Application of Bayp. 663
Erb v. Iowa State Board of Public Instructionp. 665
Teacher Contractsp. 667
The Standard Contractp. 667
Fairplay School Township v. O'Nealp. 669
Feldhusen v. Beach Public School District No. 3p. 670
The Tenure Contractp. 671
Grounds for Terminationp. 671
Scheer v. Independent School District No. I-26 of Ottawa Countyp. 672
Appeal of Santeep. 674
Incompetencyp. 675
Collins v. Faith School District #46-2p. 676
Insubordinationp. 679
Gaylord v. Board of Education, Unified District No. 218, Morton Countyp. 680
In re Termination of James E. Johnsonp. 681
Immoralityp. 683
Toney v. Fairbanks North Star Borough School Districtp. 685
Board of Education of Hopkins County v. Woodp. 687
Elvin v. City of Watervillep. 689
Gaylord v. Tacoma School District No. 10p. 691
Cause or Good Causep. 694
Board of Directors of Lawton-Bronson v. Daviesp. 695
Reduction in Forcep. 698
Zoll v. Eastern Allamakee Community School Districtp. 698
Constitutional Protection of Contractsp. 700
State v. Project Principle, Inc.p. 702
Teacher Rights and Freedomsp. 706
The Source of Rightsp. 707
Academic Freedomp. 707
First Amendment: Primary Repositoryp. 708
Speech Rights of Public Employeesp. 709
Speech and the Connick Rulep. 710
Pickering v. Board of Educationp. 711
Mt. Healthy City School District Board of Education v. Doylep. 715
Givhan v. Western Line Consolidated School Districtp. 720
Stroman v. Colleton County School Districtp. 722
East Hartford Education Association v. Board of Educationp. 724
Seemuller v. Fairfax County School Boardp. 726
Privacyp. 729
Search of Teacher Workplacesp. 730
Teachers' Mental and Physical Examinationsp. 731
Daury v. Smithp. 731
Privacy and Drug Testing of Teachersp. 733
Knox County Education Association v. Knox County Board of Educationp. 735
Freedom of Religionp. 741
Title VIIp. 741
Neither Inhibit nor Promote Religionp. 742
Religious Garbp. 742
Cooper v. Eugene School District No. 4Jp. 743
Privilege against Self-Incriminationp. 746
Beilan v. Board of Public Education, School District of Philadelphiap. 747
Due Process Rights of Teachersp. 751
Four Aspects of Due Processp. 752
Substantive Due Processp. 752
Liberty Interestsp. 752
Property Interestsp. 753
Board of Regents of State Colleges v. Rothp. 754
Perry v. Sindermannp. 757
Procedural Due Processp. 762
Hearingp. 762
Impartialityp. 764
Cleveland Board of Education v. Loudermillp. 764
Hortonville Joint School District No. 1 v. Hortonville Education Associationp. 767
The Vagueness Testp. 771
Loyalty Oathsp. 771
Wieman v. Updegraffp. 773
Connell v. Higginbothamp. 775
The Irrationality and Presumptions Testp. 775
Resident Statusp. 775
Pregnancyp. 776
Cleveland Board of Education v. LaFleurp. 776
Discrimination in Employmentp. 780
Race Discriminationp. 781
Equal Protectionp. 781
Title VIp. 783
Title VIIp. 784
Griggs v. Duke Power Co.p. 785
United States v. South Carolinap. 787
Hazelwood School District v. United Statesp. 795
Affirmative Actionp. 798
Wygant v. Jackson Board of Educationp. 800
Taxman v. Board of Education of the Township of Piscatawayp. 803
Sex Discriminationp. 807
Title VIIp. 807
Pregnancyp. 808
Benefitsp. 808
Title IXp. 809
North Haven Board of Education v. Bellp. 809
Sexual Harassmentp. 811
Quid Pro Quop. 811
Hostile Environmentp. 812
Retaliationp. 812
Masson v. School Board of Dade County, Floridap. 813
Trautvetter v. Quickp. 817
Religious Discriminationp. 820
Ansonia Board of Education v. Philbrookp. 821
Cowan v. Strafford R-VI School Districtp. 823
Equal Pay Actp. 825
Danzl v. North St. Paul-Maplewood-Oakdale Independent School District No. 622p. 826
Age Discriminationp. 828
Wooden v. Board of Education of Jefferson County, Kentuckyp. 831
Discrimination against Persons with Disabilitiesp. 833
School Board of Nassau County, Florida v. Arlinep. 834
Chalk v. United States District Court Central District of California and Orange County Superintendent of Schoolsp. 838
Family and Medical Leave Act of 1993p. 840
Collective Bargainingp. 844
Historical Developmentp. 844
Private versus Public Sectorp. 845
The Right to Bargain Collectivelyp. 847
Norwalk Teachers Association v. Board of Education of City of Norwalkp. 849
Anderson Federation of Teachers, Local 519 v. School City of Andersonp. 852
Board of Education v. New Jersey Education Associationp. 853
Indiana State Teachers Association v. Board of School Commissioners of the City of Indianapolisp. 855
School Board of the City of Richmond v. Parhamp. 858
Pawtucket School Committee v. Pawtucket Teachers Alliancep. 860
City of Biddeford v. Biddeford Teachers Associationp. 861
Scope of Bargainingp. 863
Kenai Peninsula Borough School District v. Kenai Peninsula Education Associationp. 864
Collective and Individual Rightsp. 867
Bargaining Rightsp. 867
Constitutional Rights of Individualsp. 867
Abood v. Detroit Board of Educationp. 868
Grunwald v. San Bernardino City Unified School Districtp. 871
City of Madison v. Wisconsin Employment Relations Commissionp. 876
Financep. 880
Taxation for Educationp. 881
The Development of the American State and Local Tax Systemp. 881
Florida Department of Education v. Glasserp. 883
Marion and McPherson Railway Co. v Alexanderp. 884
Distribution of State School Fundsp. 886
Taxation and Equal Protectionp. 887
Distribution Formulas and the Equal Protection Clausep. 887
Litigation under Federal Equal Protectionp. 888
The Rodriguez Casep. 889
San Antonio Independent School District v. Rodriguezp. 889
Papason and Fundamentalityp. 894
The Emergence of the Intermediate Testp. 895
Papason v. Allainp. 896
Litigation under State Constitutionsp. 900
Future Directions of State Litigationp. 901
Fundamentality and State Constitutionsp. 901
Edgewood Independent School District v. Kirbyp. 903
Committee for Educational Rights v. Edgarp. 908
DeRolph v. Statep. 911
Budgeting and Accounting for School Fundsp. 921
San Benito Independent School District v. Farmers' State Bankp. 922
Petition of Auditors of Hatfield Township School Districtp. 925
Public School Indebtednessp. 926
Revell v. Mayor of City of Annapolisp. 927
Hewitt v. Board of Educationp. 928
Propertyp. 933
City of Baker School Board v. East Baton Rouge Parish School Boardp. 933
City of Bloomfield v. Davis County Community School Districtp. 934
Edmonds School District No. 15 v. City of Mountlake Terracep. 936
Purchase of Property for Special Purposesp. 938
In re Board of Public Instruction of Alachua Countyp. 938
School Buildingsp. 940
Alexander v. Phillipsp. 941
School Site Selectionp. 944
Mullins v. Board of Education of Etowah Countyp. 944
Eminent Domainp. 946
Oxford County Agricultural Society v. School District No. 17p. 946
In re School District of Pittsburghp. 947
Dare County Board of Education v. Sakariap. 949
Adverse Possessionp. 952
Lovejoy v. School District No. 46, Sedgwick Countyp. 952
Reversion of School Propertyp. 954
Williams v. McKenziep. 954
Selected Constitutional Provisionsp. 959
Selected Federal Statutesp. 963
Public Schools Provisions in State Constitutionsp. 978
Glossary of Termsp. 983
Indexp. 989
Table of Contents provided by Syndetics. All Rights Reserved.

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