Title IX & Gender Equity in Athletics Programs Since the mid-1990s, between 125 and 150 Title IX complaints against school districts have typically been filed each year with the OCR, with approximately half resulting in a resolution agreement (settlement) after the initial phases of an OCR investigation and the other half resulting in federal lawsuits. It also helps to make small market teams more competitive, which has been a problem in baseball, where large markets can vastly outspend small markets. Fax: 414.288.5881john.novotny@marquette.edu, Eckstein Hall, 138 9. Suspension for failing a drug test often brings a Fourth Amendment search and seizure challenge. Also important to minimizing vicarious liability for sexual harassment is the process of in-servicing all athletics personnel regarding both sexual harassment and the specific requirements of the states child abuse reporting statute. Liability for Sports Injuries and the Duties of Athletics PersonnelSince the mid-1990s, hundreds of civil suits per year have been filed by injured student-athletes against schools, administrators and athletics personnel, most asserting a negligent failure to exercise reasonable care to safeguard the health and well-being of the athlete. QUESTION: After the Supreme Courts decision in May, individual states may now opt to legalize sports betting. 8. in Media Management, Public Administration Track, M.S. And although the Jackson case dealt with retaliation only in the context of complaints regarding alleged Title IX violations, other cases have found retaliation to be actionable in cases where the constituents concerns related to other athletics program issues. Once considered a pernicious vice by some, gambling has become mainstream to professional sports following a 2018 U.S. Supreme Court ruling that gave states the authority to regulate sports gambling. Here's the latest issue of Sports Litigation Alert, the nation's only subscription-based periodical reporting on the intersection of sports and the law. The professional team sports of football, baseball, basketball and hockey have all had legal battles over the application of antitrust laws. ESPN commissioned a survey of sports fans about social issues in sports in the wake of protests against police shootings in 2020. Other Sports Law Issues Affecting School Athletics Programs Event Management Legal Issues Employment Law & Coaches Contracts Trademark Law & School Mascots/Logos Pregnancy Discrimination In Sports Labor Law & FLSA Issues Student-Athlete Privacy Issues Facilities Management Legal Issues Prayer/Religious Activities At Sports Events Drone Use Legality At Practices/Games Liability For Erroneous Insurance Disclosures Legality Of Sports Drug Testing Programs Native American Mascot Legal Concerns High School Sports Event Broadcast Rights Participation Rights of Homeschooled Students. Mar 19, 2020. The most important of these is the NCAA or National Collegiate Athletic Association. For information on statutory research generally, see our Statutes Research Guide and the Statutory Research Tutorial. The top five, based on social responsibility and media reporting of these topics, are found throughout the sports world today. lose their court case over how college athletes are compensated. most of the state laws contain three common tenets: 1) any athlete suspected of having sustained a concussion must immediately be removed from play; 2) the athlete may not be returned to action the same day; and 3) the athlete may be returned to action only after written clearance is provided by a licensed health-care professional (the definition From new tax laws to FBI investigations, sports gambling to amateurism, there are a number of issues that have the potential to fundamentally alter the operation of college athletics for the foreseeable future. With a young growing audience projected to reach 335 million in 2017, we expect a trend for specialised lawyers, in both private practice and in-house within eSports organisations, to rise significantly over the next five years. In 2017, legal sports betting accounted for $270 million in revenue, according to the research firm Eilers & Krejcik. Bending the Rules to Change the Rule? The NBA, NFL, MLB, NHL, NCAA, United States Olympic Committee, and other professional sports leagues and their member teams are private organizations, and therefore are not subject to the First Amendment claims from players generally. One only needs to look at the figures paid by Sky Sports and BT Sport for rights to the EPL to realise that traditional long-form broadcasting deals are far from dead. 5. Mon - Fri: 8:30 a.m. - 4:30 p.m. Natl Football League v. Governor of the State of Delaware (NFL), Office of the Commr of Baseball v. Markell. The National Basketball Association and the National Basketball Players Association Opt to Cap Off the 1988 Collective Bargaining Agreement with a Full Court Press: In Re Chris Dudley, Performing in a Racially Hostile Environment, Labor Pains: The Effect of a Work Stoppage in the NFL on its Coaches, Off His Rocker: Sports Discipline and Labor Arbitration. In precisely one-half of those cases, courts have held that such punishments violate student-free-speech rights, while in the others, courts have upheld school action because the speech in question created a substantial disruption at school, constituted bullying or harassment, or manifested a true threat of violence against members of the school community. MLB Facing Many Legal Hurdles With Delayed Season. QUESTION: Safety is always a concern when it comes to sports, but usually in the context of athlete safety during competition; however, we all know safety is a multi-faceted issue when operating a professional sports organization. [5] https://www.cnbc.com/2018/09/25/does-sponsorship-work-deals-value-to-reach-66-billion-in-2018.html; https://www.si.com/nba/2018/09/21/nba-teams-revenue-spending-breakdown-small-large-market;https://www.nielsen.com/us/en/insights/news/2018/fields-and-fairways-college-football-fans-are-saturday-stars.html, 1215 W. Michigan St., Milwaukee, Wisconsin 53233 | P.O. Over the last decade, in sexual harassment civil suits, based on U.S. Supreme Court precedents, courts have tended to find school and athletics personnel vicariously liable in those instances where the official had knowledge that the harassment was occurring and exhibited deliberate indifference to correcting the situation. Casey Shilts, Kate Jett, & Brett Lashbrook. Sports law includes a set of legal rules and regulations administered to the realm of professional sports. Phone: 414.288.5285 in Creative Media Production Graphic Communication, B.S. In a recent episode of SCI TV, Greene discusses major sports law issues including anti doping, Title IX liability, trademark and contract cases, and more with SCI Founder Joshua Gordon. Part G (2018). Saving Careers Owners use the salary cap as a bargaining tool with player contracts, arguing that salaries in excess of certain figures "bust the cap" and make it impossible to field a winning team. Pub. secs. secs. Mon - Thur: 8:00 a.m. - 7:30 p.m. Prediction: Oakland A's moving to Las Vegas? Actual touching occurred. New York, and Texas have signaled their support for the return of pro sports. Leadership, Special Ed. Second, what community outreach initiatives exist within your organizations to integrate athletes into their surrounding communities? Legal issues within clubs are wide and varied. Call us at (301) 291-5027 to meet in our Maryland Offices (Rockville or Bethesda), Washington DC Office, or Norther Virginia Office if you have . There have been historical cases that have to do with different sports and law areas. Similarly, the UKs Governance Code has now been adopted, applying to all sports bodies who receive public funding. Collective Bargaining Negotiations. 2017 witnessed several key developments in the legal and business issues impacting universities and intercollegiate athletics. Typically, a Standard . In sports, courts decide whether wrongful acts or infringements of rights have led to the injuries of athletes, spectators and other parties involved. 27 For discussion on Saxton and . There have been numerous high-profile examples of how poor governance within some of sports biggest rights holders has resulted in damaged reputation and an erosion of the publics trust. Retaliation Against ComplainantsIn the decade since the ruling by the U.S. Supreme Court in Jackson v. Birmingham Board of Education that retaliation against an individual who complains about violations of Title IX in a school setting is itself a separate violation of Title IX, a flood of retaliation lawsuits have been filed against educational institutions. Sports Litigation Alert tracks legal developments as they occur in amateur and professional athletics as well as legislative issues that impact sports law professionals. The model does pose a number of interesting questions for sports lawyers. There are many laws in sports, many of which overlap. In April 2014, the OCR issued an updated policy guidance clarifying that the civil rights guarantees in Title IX extend to all students, regardless of their sexual orientation or gender identity. The database builds upon HeinOnline's historical strengths in legal periodical literature, case law, and U.S. federal and state materials by providing a unique topical arrangement for the documents within, while also adding many . The typical high school sports retaliation suit involves a coach, student-athlete or parent who either voices concerns to school officials regarding an alleged Title IX issue or files a formal complaint to the U.S. Office for Civil Rights (OCR) and then suffers some form of disadvantageous treatment or negative consequences from school personnel as blowback for having expressed his or her point of view on the issue. in Strategic Communications Technology Law & Policy, View All Graduate Media and Communication Programs, Ed.S. Legal Issues in Professional Hockey: National And International Dimensions [Kurlantzick, Lewis] on Amazon.com. The enforceability of these agreements is often resolved in legal proceedings and often pertains to the language in the contract, which must be clear, explicit and specific in order to be enforceable. You should be aware of some of the more common legal issues and if necessary, seek expert legal advice, to minimise the potential conflicts . Indeed, the multi-host approach has been adopted by Uefa for the 2020 European Championship (13 host cities spread around Europe rather than a single host country) and Fiba has shown it is open to multi-host bids for the next edition of its flagship event. They may also negotiate incentives, so that the player can earn more if he or she exceeds certain goals. Given all of that, how do you see this decision affecting professional sports, and specifically as it relates to your employees, teams, affiliate teams, and the leagues in which you operate? For example: the way the young audience consumes the content predominantly via streaming platforms such as Twitch and the complex relationships between publishers of the games (who own the IP in the game), eSports event owners and the growing number of professional eSports teams. Whether it's the NBA, MLB, NFL, or even the NHL, there will always be flaws within sports. Professional Sports and the Law (PSL) is a publication that delivers summaries of important court decisions, expert legal analysis and relevant sports law articles to attorneys and other executives that work in-house at professional sports teams. Some of the state laws contain additional requirements, including mandates that athletics personnel complete an annual concussion education course, that baseline testing be implemented by schools or that student-athletes and parents be provided with concussion education materials and sign a concussion-information form. Any loss of the free movement of people will be of major concern to a number of sporting leagues who wish to recruit the best European talent (without needing a work permit) to satisfy the appetite of fans, sponsors and broadcasters who have become accustomed (particularly after the 1995 Bosman ruling) to English sporting leagues being liberally sprinkled with talent. 5. Seven states have legal state-regulated sports betting industries now, and even more are drafting legislation and considering . RFID), and fitness devices and rings worn by athletes during games, practices, and training and in some cases, during non-work time. A closely related issue is the failure by school officials in many instances of alleged sexual harassment of student-athletes who are minors to follow the requirements of state child abuse reporting laws regarding mandatory reports to law enforcement or child protective services agencies. For instance, in 2011, 210 school districts encompassing 525 high schools were named in formal complaints filed with the OCR. The NCAA long ago allowed student-athletes to turn professional in one sport while retaining their eligibility in another. The NCAAwhich promulgates the rules and regulations pertaining to student-athletes' participation and eligibility in college sportsdefines an amateur as "someone who does not have a written or verbal agreement with an agent, has not profited above his/her actual and necessary expenses or gained a competitive advantage in his/her sport." Sports law refers to a specialized practice focused on legal issues pertaining to the sports industry. Box 1881, Milwaukee, Wisconsin 53201 | 414.288.7090. There are a number of legal issues that are found in the sports. As with entertainment, arts, or hospitality law, sports law generally refers more to the target industry rather than a separate body of law, though there are a few unique legal issues only faced by professional sports leagues. The sports world has been dramatically impacted by COVID-19. The alarming increase in the use of performance-enhancing drugs pushed the former United States president, George Bush to voice his concerns on the same. 8. Major League Internationals with Minor-League Titles: Let Them In, Let Them Play. Anti-Doping COVID19 Commercial Gambling Integrity IP Media Regulation & Governance Safeguarding / Guardians Tax Articles Athletics, Sports, Athlete Welfare, Football, Articles, Olympic, Paralympic, Regulation & Governance, Safeguarding Ten steps sports organisations must take to better protect children in sport A suspension alleged to be more severe than that given to other students for the same offense often brings a Fourteenth Amendment equal protection challenge. Was the National Football Leagues Domestic Violence Policy Collectively Bargained For? Robert H. Lattinville, Robert A. Boland, & Bennett Speyer. Learn more about A-State's Master of Science in Sport Administration online program. Overview of Legal Issues in Professional Sports (Conference Materials 2018) Overview of Legal Issues in Professional Sports ( Return to Conference Materails Mainpage) Maureen Arellano Weston Professor of Law and Director, Entertainment, Media & Sports Dispute Resolution Project, Pepperdine University, School of Law, Malibu, California, The Prosecution of Michael Vick: Of Dogfighting, Depravity, Dual Sovereignty, and A Clockwork Orange, Gaining Entry: The New O and P Categories for Nonimmigrant Alien Athletes, The Limitation of Labor Preemption: Survivability of Contract Rights During Employer Lockouts, Technical Foul: David Sterns Excessive Use of Rule-Making Authority, Taxation of U.S. For instance, in the landmark retaliation suits by three persons (an assistant athletic director and two coaches) who had complained of Title IX violations at Fresno State University, resolution of the Title IX cases resulted only in injunctions directing the school to correct athletics inequities in its sports program, whereas the three individuals received a total of $14.64 million in damages for the retaliation they suffered after originally bringing the issues to the attention of the university. In a 104 page document, United States District Court Judge Claudia Wilkins criticized the N.C.A.A. 3. Players sign contracts that guarantee a certain amount of pay, spread over a certain number of years. Sports law can, and typically does, overlap with labor law, contract law, antitrust law, and tort law. In light of that, what opportunities, if any, do your respective organizations provide its athletes to address issues that are important to them? Risk ManagementIn a society and an era where the trend is toward individuals with any grievance whatsoever whether a substantive dispute with potential merit as a lawsuit or a frivolous claim lacking the solid legal foundation for a legitimate cause of action immediately pursuing litigation as their preferred recourse, risk management in the context of minimizing legal exposure has become an inescapable part of the job description for school and athletics personnel. All rights reserved. Transgender Policies for Athletics ProgramsThe development of fair, practical and legally sufficient policies regarding the inclusion of transgender athletes in school sports activities is one of the latest civil rights challenges facing educational institutions. As in all negligence claims, in a claim against a medical provider or responsible person involving a sport-related injury, the defendant will be evaluated under the "reasonable person" standard. Ideal for the private sector or the classroom. Subscribe to our newsletter by entering your email to receive more like it. Internationalization & US Pro Sports: Opportunities & Challenges. In the era of ESPN and Budweiser, professional athletes are often treated like rock stars and worshipped by countless fans. Phone: 414.288.7090 Pro Athletes? Sports lawyers will need to advise on media rights strategies with some new faces and technologies at the table. Currently, there are no events scheduled for this time period. One way to manage this risk is with an exculpatory agreement, also known as a liability waiver. Research released by the BBC in relation to Englands Premier League and Championship and the Scottish Premiership has shown that 322 players would not meet the current foreign player criteria if they were to be imposed on EU/EEA players. Social media is starting to take a real interest in sport and rights holders will be need to carefully balance their media rights between social and traditional platforms. National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma, 468 U.S. 85 (1984) Not many cases never mind sports law cases make it to the United States Supreme Court. Most professional athletes tend to avoid criminal liability; however, it is not left to be punishable. As the sport sector has become more professional, the law surrounding sport seems to have become more complex and challenging for those involved. Professional Sports, Ltd. V. Virginia Squires Basketball Club Ltd. Pship. The expansion of the sports industry in recent times has helped fuel growth of related professional fields such as sports management. The National Labor Relations Act (NLRA) guarantees the right to form labor unions and requires employers to deal with elected union leaders. We see these issues arising in areas from the management of community athletic centers to the organization of amateur/school sports activities and the major leagues. A clear example of this rapid growth is the inclusion of eSports as a medal event at the 2022 Asian Games. And as part of a proactive compliance strategy, schools should conduct periodic self-audits in an effort to identify and correct any violations of either the letter or the spirit of Title IX law. Last month, voters in California dealt a massive blow to legal sports betting in California, or so it seemed. It will consist of a set of essays on a variety of legal issues facing professional basketball. Take Me Out to the Ball Game . Combining experience on a broad range of business and personal matters allows Fredrikson to offer professional athletes, and others in the sports and entertainment industry, practical advice on everyday issues. These areas include NCAA rules violations, domestic violence, substance abuse, diversity (players and coaches), and player safety. COVID-19: Three Legal Issues for Leagues, Teams, and Stadium Operators as Live Sports Return. In addition to these traditional areas of work, eSports brings with it some unique legal challenges. in Digital Technology & Design Mobile App Development, B.S. Greg and Mike, both of your teams recently built new facilities, and MLB has mandated that all teams in the league begin the process of applying for designation and/or certification under the Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act). A link has been emailed to you - check your inbox. Pub. Speech, Debate & Theatre Directors & Judges, Wisconsin Board Sanctions Lacrosse as Spring Sport Offering in 2024, Dana Pappas Named to BattleFields2BallFields Board of Directors, NFHS Recognizes High School Athletic Directors with 2022 Citation Awards, 53rd National Athletic Directors Conference to be Held in Nashville, Tennessee, Unified Sports Level the Playing Field for Students With Disabilities, Moms Perspectives on Supporting Children Who Play High School Sports, Technical Theatre Curriculum, Training for High School Participants, Stepping Up: Indiana Coach to Lead Boys and Girls Basketball Teams, Creating a Work-Life Balance for Better Mental Health, Top Ten Sports Law Issues Impacting School Athletics Programs. Dan Bowden and Nicole Isherwood work as Associates at The Sports Consultancy Legal (The Sports Consultancys wholly owned, regulated law firm) where they advise rights holders, host cities, major events and brands in relation to a broad range of commercial, operational and other legal issues. Sports lawyers will also need to sit down with their counterparts in the music industry as they attempt to protect their clients intellectual property from being pirated around the world. Sports Broadcasting Act of 1961. Concussion Management and Return-To-Play ProtocolsOn January 30, 2014, the governor of Mississippi signed into law the Mississippi Youth Concussion Act. in Digital Technology & Design Web Design, View All Undergraduate Technology and Engineering Programs, MSE in Educational Theory and Practice Adult Education, MSE in School Counseling Crisis and Trauma, MSE in School Counseling Special Populations, MSE in Special Ed. The NFL, NHL and NBA have salary caps that limit how much each team can spend on players, though the NBA has a "soft cap," allowing teams to exceed limits if they are willing to pay the league a luxury tax. Athletes Playing in Foreign Countries. Prepare for NFL 2021. PSL is an electronic PDF that is e-mailed to subscribers every two months. 1. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. Are Major . However, the way we are consuming sport is changing and this is exhibited by decreased viewing figures. The true extent of the impact will not be known until the Brexit negotiations are concluded but sports lawyers will be paying especially close attention to the outcome of negotiations concerning the free movement of people. Opportunities abound for graduates of the online M.S. Social Media Issues and School Authority to Sanction Student-AthletesCourts continue to struggle with the issue whether schools have the authority to sanction students or student-athletes for inappropriate, off-campus postings on social media websites in violation of school or athletics codes of conduct. Courts decide on the reasonable level of care that a party owes toward another party, given the circumstances of a particular situation. Legal Issues in Professional Hockey: National And International Dimensions A suspension for misbehavior often results in a Fifth/Fourteenth Amendment due process challenge. Currently, there are no events scheduled for this time period. The second issue to consider is the tax burden. Such issues commonly involve the contracts, torts and the discrimination issues. Legal, professional ethical, moral and practice management issues. Some may argue that this will improve the fortunes of the national game but rights holders will be concerned about the knock-on effects to the commercialisation of sport in the UK through broadcast and sponsorship revenue. 3. In order to proactively ensure that sanctions against student-athletes withstand judicial scrutiny, school and athletics personnel must have a thorough understanding of the interpretation by courts of constitutional rights in sports settings. He is a member of the High School Today Publications Committee. Consumer Information (ABA Required Disclosures), Lubar Center for Public Policy Research and Civic Education, Marquette Law and Entrepreneurship Clinic, Recent Developments in Sports Law (formerly You Make the Call), Charles W. Mentkowski Sports Law Alumnus of the Year Award, https://scholar.google.com/scholar_case?case=6336903476694992840&q=138+S.Ct.+1461+&hl=en&as_sdt=6,50, https://www.si.com/nba/2018/09/19/mavericks-mark-cuban-terdema-ussery-earl-sneed-nba-investigation, https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf, http://a.espncdn.com/pdf/2017/1015/KaepernickGrievance_r.pdf, https://www.reviewjournal.com/sports/51sbaseball/las-vegas-51s-announce-new-affiliation-with-oakland-as/amp/, https://www.youtube.com/watch?v=K6dhuqAbYMI, https://1.next.westlaw.com/Document/I824fbe2038aa11e8a054a06708233710/View/FullText.html?transitionType=UniqueDocItem&contextData=(sc.Default)&userEnteredCitation=2018+WL+1626145, https://www.hollywoodreporter.com/live-feed/lebron-james-prepping-female-driven-basketball-drama-at-nbc-1143075, https://www.sportslawbulletin.org/future-sports-governance-will-sport-sustain-its-traditional-model-autonomy/, https://www.lawinsport.com/topics/features/item/us-sports-law-year-in-review-2017-18-parts-1-2-agents-agent-regulation-and-leagues-labor-, https://sportsradioamerica.com/2018/03/27/eports-if-you-cannot-play-you-hould-pay-attention/, https://sportsradioamerica.com/2018/07/30/netflix-and-sports-the-next-disruption-in-media-and-entertainment/, https://techcrunch.com/2018/09/25/live-streams-of-karate-and-niche-sports-are-terrifying-major-sports-leagues/, https://techcrunch.com/2018/10/02/heed-softbank/, https://www.cnbc.com/2018/09/25/does-sponsorship-work-deals-value-to-reach-66-billion-in-2018.html, https://www.si.com/nba/2018/09/21/nba-teams-revenue-spending-breakdown-small-large-market, https://www.nielsen.com/us/en/insights/news/2018/fields-and-fairways-college-football-fans-are-saturday-stars.html. 220501-220529. Following Professor Westons overview, a panel of experts will provide their insight on how these issues impact their respective work in professional sports operations. Sports Event Management and Security: Legal Issues, Strategies By Lee Green, J.D. Intellectual Property The single most important issue in esports transactions is understanding that, unlike. The inclusion of transgender students in the new guidance reflects evolving legal standards nationwide, both through laws enacted by state legislatures and via policies implemented by state associations. This is the first article of a two-part series focused on marijuana's impact on professional sports and current developments in professional league policies, legislation, and elsewhere. The coronavirus has presented a number of legal issues for MLB and the players association to hash out. As eSports continues its huge commercial growth, the need for legal specialists is sure to grow with it. in Strategic Communications Global Communications, M.S. Sports law covers the legal issues which pertain to the world of both amateur and professional sports. Eckstein Hall, 238 While some sports share multiple issues, some of the problems presented have to do with particular aspects of the game. Top 5 Sports Law Controversies to Watch in 2022 Michael McCann January 3, 2022, 9:01 PM With a baseball labor brawl, an aggrieved ex- NFL coach, crumbling college amateurism and a pandemic that. The National Labor Relations Board enforces the NLRA and investigates charges of unfair practices. Here is my list of the most important legal cases involving sports, fitness and recreation over the past 40 years. Ultimately, the Supreme Court ruled in favor of MLB, upholding the 1922 ruling that established the antitrust exemption. Thank you for your interest in the Arkansas State University online newsletter. Artificial intelligence adds a new dimension to these questions. Integrity and good governance must be a high priority for all sporting organisations. . 1291-1295. Specifically, they voted . This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). 3. Statutes. The collection and use of biometric data of professional athletes has become ubiquitous in professional sports. Cert. For instance, The Sherman Antitrust Act prohibits monopolies and price fixing. Michael McCann. The stakeholders can include:[5] Health care professionals (doctor, physiotherapist, athletic trainer, etc) The athletes themselves Team management (coaches, general manager) Team owner (in professional sport) Other stakeholders such as agents, family (parents), the media and the sports fans Conflicts of Interest[edit| edit source] Briggs, J. Other clauses in the contracts enable teams to cut players not performing up to expectations, owing an agreed-upon sum when the player is released. 6. Although Major League Baseball (MLB) has held an exemption from antitrust laws, which have kept new, competitive leagues from forming, because the MLB could restrict its players from joining another league. [1] https://sportsradioamerica.com/2018/03/27/eports-if-you-cannot-play-you-hould-pay-attention/, [2] https://sportsradioamerica.com/2018/07/30/netflix-and-sports-the-next-disruption-in-media-and-entertainment/, [3] https://techcrunch.com/2018/09/25/live-streams-of-karate-and-niche-sports-are-terrifying-major-sports-leagues/, [4] SoftBank leads $35M investment in sports engagement startup Heed TechCrunch, https://techcrunch.com/2018/10/02/heed-softbank/. 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