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1
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68949125322
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note
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This commitment to diversity, we contend, may be normauve insofar as a president may care about diversity for diversity sake. This position recognizes the functional and symbolic role of diversity. Symbolic representation (that demographic groups in society should see their own members in positions of power) and/or functional representation (that the interests of these demographic groups will be supported by their members in power) generate appointing strategies that produce a moderate or major commitment to diversity. Significantly, these motivations are not mutually exclusive. Moreover, the appearance of diversity should not be confused with a commitment to diversity; indeed, there are other motivations for promoting diversity, not least among them electoral concerns and campaign promises that are not necessarily about diversity per se.
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2
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0036625037
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We would argue that, in the modern era, no president would have a minor commitment to both diversity and her policy agenda. And that as time progresses, it becomes easier to have a moderate or major commitment to both goals as the ranks of potential nontraditional nominees on both sides of the aisle continue to swell. See Soc. Sei. Q.
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We would argue that, in the modern era, no president would have a minor commitment to both diversity and her policy agenda. And that as time progresses, it becomes easier to have a moderate or major commitment to both goals as the ranks of potential nontraditional nominees on both sides of the aisle continue to swell. See Kathleen Bratton and. Rorie Spill. Moving Beyond Tokenism: The Effect of Existing Gender Diversity on the Selection of Women in State Supreme Courts, 83 Soc. Sei. Q. 504 (2002);
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(2002)
Moving beyond Tokenism: the Effect of Existing Gender Diversity on the Selection of Women in State Supreme Courts
, vol.83
, pp. 504
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Bratton, K.1
Spill, R.2
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68949110219
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It is worth noting, however, that despite the absence of purposeful policy motivation in his appointments, research demonstrates that Carter's judges were the most liberal in their decisions from the bench. JUDICATURE Similarly, while the data indicate that Clinton's judges are quite moderate in their decision making, they may suggest also that he was interested in appointing ideologically compatible judges who reflected his own moderate positions.
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It is worth noting, however, that despite the absence of purposeful policy motivation in his appointments, research demonstrates that Carter's judges were the most liberal in their decisions from the bench. (Carp et al. The voting behavior of judges appointed by President Bush, 76 JUDICATURE 298 (1993)). Similarly, while the data indicate that Clinton's judges are quite moderate in their decision making, they may suggest also that he was interested in appointing ideologically compatible judges who reflected his own moderate positions.
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(1993)
The Voting Behavior of Judges Appointed by President Bush
, vol.76
, pp. 298
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Carp1
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68949105850
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And research suggests that Bush appointees are the most conservative judges on the bench, even more so than Reagan appointees
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And research suggests that Bush appointees are the most conservative judges on the bench, even more so than Reagan appointees (Carp et al., supra n. 4).
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Supra
, Issue.4
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Carp1
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84869726574
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Not to mention diversity in his administration see, for example, December 23, Accessed 1/16/2009
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Not to mention diversity in his administration (see, for example, Terry Neal, Diversity and the Bush Cabinet, Washingtonpost.com. December 23, 2004. (Accessed 1/16/2009, http://www.washingtonpost.com/ac2/wp-dyn/A22082-2004Dec23).
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(2004)
Diversity and the Bush Cabinet
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Neal, T.1
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19
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68949114396
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United Press International, June 29, Friday, GENERAL NEWS.
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Peter Roff. Analysis: Capital focuses on judiciary, United Press International, June 29, 2001, Friday, GENERAL NEWS.
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(2001)
Analysis: Capital Focuses on Judiciary
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Roff, P.1
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20
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84869713391
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The Washington Post, June 26, Tuesday Regional Edition, A-section; Accessed 3/13/09
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Jo Becker and Barton Gellman. Taking On the Supreme Court Case; When it came to vetting potential nominees, the vice president steered the selection committee, The Washington Post, June 26, 2007 Tuesday Regional Edition, A-section; Pg. Al0. (Accessed 3/13/09, http://bIog.washington post.com/cheney/sidebars/taking-on-the- supreme-court-ca/index.html )
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(2007)
Taking on the Supreme Court Case; When It Came to Vetting Potential Nominees, the Vice President Steered the Selection Committee
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Becker, J.1
Gellman, B.2
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68949090359
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The Washington Post, April 30, Wednesday Final Edition, Asection
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Mike Allen and Helen Dewar, Second Judicial Nominee Targeted; Senate Democrats Plan Filibuster to Stop Selection of Owen, The Washington Post, April 30, 2003 Wednesday Final Edition, Asection; Pg. A0l.
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(2003)
Second Judicial Nominee Targeted; Senate Democrats Plan Filibuster to Stop Selection of Owen
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Allen, M.1
Dewar, H.2
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Sydney, Australia, October 5, Wednesday, WORLD
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Jan Crawford Greenburg, Bush deals a judicial unid card, Daily Telegraph (Sydney, Australia), October 5, 2005 Wednesday, WORLD; Pg. 27.
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(2005)
Bush Deals A Judicial Unid Card, Daily Telegraph
, pp. 27
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Greenburg, J.C.1
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23
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Data, unless otherwise noted, are from Federal Judicial Center's The database contains biographical information on all Article III judges confirmed by the Senate or appointed during a recess for 91 district courts (including Puerto Rico, but not including the territories) and all courts of appeals (including the federal circuit). We used December 31, as our cut-off date for data collection; although aggregate percentages are calculated using 4/15/09 as the cut-off date.
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Data, unless otherwise noted, are from Federal Judicial Center's Federal Judges Biographical Database. The database contains biographical information on all Article III judges confirmed by the Senate or appointed during a recess for 91 district courts (including Puerto Rico, but not including the territories) and all courts of appeals (including the federal circuit). We used December 31,2008 as our cut-off date for data collection; although aggregate percentages are calculated using 4/15/09 as the cut-off date.
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(2008)
Federal Judges Biographical Database
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25
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The Southern District of Mississippi, Nevada, and the Western District of Washington.
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The Southern District of Mississippi, Nevada, and the Western District of Washington.
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26
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68949110221
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The Middle District of Florida and the Eastern District of New York.
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The Middle District of Florida and the Eastern District of New York.
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27
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68949145010
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The Southern District of Alabama, the Southern District of Georgia, the Northern District of Iowa, the Western District of Michigan, the Northern District of Mississippi, Nebraska, the Eastern District of North Carolina, and the Northern District of Florida.
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The Southern District of Alabama, the Southern District of Georgia, the Northern District of Iowa, the Western District of Michigan, the Northern District of Mississippi, Nebraska, the Eastern District of North Carolina, and the Northern District of Florida.
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30
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0039776553
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Quoted in Neil Lewis, New York Times, October 8, Section 1; column 1. Accessed 3/25/09
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Quoted in Neil Lewis, Presidential Candidates Differ Sharply on Judges they Would Appoint to Top Courts, New York Times, October 8, 2000. Section 1; page 28; column 1. (Accessed 3/25/09, http://www.lexisnexis.com/us/lnacademic/ resul ts/docview/docview.do?docLinkInd=true&risb=2 l-T6140346957&format= GNBFI&sort=BOOLEA N&startDocNo=626&resultsUrlKey=29-T6140321 733&cisb=22-T6140346997&treeMax=true&tree Width=0&csi= 6742&docNo=639).
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(2000)
Presidential Candidates Differ Sharply on Judges They Would Appoint to Top Courts
, pp. 28
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31
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68949085342
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He did not mention judges in the previous addresses.
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He did not mention judges in the previous addresses.
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35
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0013294184
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January 28, The Washington Post. Accessed 3/25/09
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George W. Bush, State of the Union Address. January 28, 2008. The Washington Post. (Accessed 3/25/09, http://www.washingtonpost.com/wp-srv/ politics/documents/bush- sotu-2008.html).
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(2008)
State of the Union Address
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Bush, G.W.1
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36
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Speech at the Hilton Cincinnati Netherland Plaza, Cincinnati, Ohio. October 6, Accessed 1/16/09
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George W. Bush, President Bush Discusses Judicial Accomplishments and Philosophy. Speech at the Hilton Cincinnati Netherland Plaza, Cincinnati, Ohio. October 6, 2008. (Accessed 1/16/09, http://www.whitehouse.gov/news/releases/2008 / 10/print/20081006-5.html).
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(2008)
President Bush Discusses Judicial Accomplishments and Philosophy.
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Bush, G.W.1
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Id.
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Id.
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See also "Diversity considerations will not, according to those who purport to know, be allowed to overwhelm questions of competence and philosophy."
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See also Roff, supra n. 12. "Diversity considerations will not, according to those who purport to know, be allowed to overwhelm questions of competence and philosophy."
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Supra
, Issue.12
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Roff1
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39
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68949119857
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U.S. Newswire, Transcript of May 9 White House Press Briefing by Ari Fleischer. May 9, emphasis added.
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U.S. Newswire, Transcript of May 9 White House Press Briefing by Ari Fleischer. May 9, 2001 (emphasis added).
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(2001)
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40
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Id.
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Id.
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41
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Recall this appointment is Roger Gregory. Gregory was a recess appointment to the Fourth Circuit by Clinton, and was later nominated for a permanent position by G.W. Bush.
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Recall this appointment is Roger Gregory. Gregory was a recess appointment to the Fourth Circuit by Clinton, and was later nominated for a permanent position by G.W. Bush.
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42
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68949092250
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This was the seat held by David Souter before he was appointed to the Supreme Court by H.W. Bush. G.W. Bush appointed Jeffrey R. Howard to replace Norman Stahl.
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This was the seat held by David Souter before he was appointed to the Supreme Court by H.W. Bush. G.W. Bush appointed Jeffrey R. Howard to replace Norman Stahl.
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43
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68949086579
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note
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There are 4 district courts with 20 or more judges serving. Here Bush's appointments were significantly less diverse. Of the 41 appointments, only 17% went to women and almost 22% went to minorities. The four largest district courts are Central California, Northern Illinois, Southern New York, and Eastern Pennsylvania; these courts sit in highly populous urban areas and were already quite diverse by January 20, 2001. Given Bush's electoral motivations, it is not surprising that he did not work terribly hard to insure diversity among these appointments.
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44
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84869716108
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Alliance for Justice accessed 4/19/09
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Alliance for Justice (accessed 4/19/09, http://www.afj.org/check-the- facts/nominees/ federaljudicial-vacancies.html ).
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45
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84869716107
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Administrative Office of the United States Courts accessed 4/19/09, We do not know how many district court judges are eligible for senior status.
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Administrative Office of the United States Courts (accessed 4/19/09, http://www.uscourts. gov/cfapps/webnovada/CF-FB-301/index.cfm?f useaction=Reports.ViewVacancies). We do not know how many district court judges are eligible for senior status.
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46
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84869725110
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United States Senate Committee on the Judiciary accessed 4/26/09, Senate Bill 2774 also made 5 formerly temporary district court seats permanent; added 2 temporary seats to die courts of appeals and 14 temporary seats to die district courts.
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United States Senate Committee on the Judiciary (accessed 4/26/09, http://judiciary.senate. gov/resources/reports/11Oreports.cfm). Senate Bill 2774 also made 5 formerly temporary district court seats permanent; added 2 temporary seats to die courts of appeals and 14 temporary seats to die district courts.
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Her Judicial Common Space score is a -.341 in a scale anchored by -1 (liberal) and 1 (conservative). See
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Her Judicial Common Space score is a -.341 in a scale anchored by -1 (liberal) and 1 (conservative). See http://epstein.law.northwestern. edu/research/JCS.html.
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48
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Indeed, in a story for the CBC, Henry Champ cites Matthew Dowd, "another former Bush Lieutenant" as noting that the GOP needs 40% of the Hispanic vote to win back the White House. And, "Dowd says that Republicans will doom themselves to long-term minority status if they are seen to rally against one of their icons." Henry Champ, CBC, May 27, Accessed 5/27/09
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Indeed, in a story for the CBC, Henry Champ cites Matthew Dowd, "another former Bush Lieutenant" as noting that the GOP needs 40% of the Hispanic vote to win back the White House. And, "Dowd says that Republicans will doom themselves to long-term minority status if they are seen to rally against one of their icons." Henry Champ, Obama 's big win: another liberal on the U.S. Supreme Court, CBC, May 27, 2009 (Accessed 5/27/09, http://www.cbc.ca/world/ story/2009/05/27/f-rfa-champ.html).
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(2009)
Obama's Big Win: Another Liberal on the U.S. Supreme Court
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Also see, Washington Post, May 29, Accessed May 29, 2009
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Also see, Dan Eggen, Shailagh Murray and Paul Kane, GOP Moves to Tone Down Criticism of Sotomayor, Washington Post, May 29, 2009 (Accessed May 29, 2009, http://www.washingtonpost.com/wp-dyn/ content/article/2009/05/29/ AR2009052901538. html?hpid=topnews
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(2009)
GOP Moves to Tone Down Criticism of Sotomayor
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Eggen, D.1
Murray, S.2
Kane, P.3
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