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PROFILE

Arun K. Thiruvengadam

Email: arun.thiruvengadam@apu.edu.in

Arun Thiruvengadam holds degrees in law from the National Law School, Bangalore and the New York University School of Law. Between 1995-97, he served as a Law-clerk-cum-research-assistant to the Chief Justice of India, Justice A.M. Ahmadi. He practiced law for approximately two years before the High Courts of Madras and Delhi and the Supreme Court of India, before commencing graduate studies in 1999. He has held research positions at the National Law School (1999-2001) and New York University School of Law (2003-05). Arun was successively a Visiting Fellow (2005-07) and an Assistant Professor of Law (2007-15) at the Faculty of Law, National University of Singapore. He has been with the School of Policy and Governance at Azim Premji University since June 2015.

Arun has taught courses, in a visiting capacity, at the following institutions: the West Bengal National University of Juridical Sciences, Kolkata (June 2007, July 2011, June 2013), the Faculty of Law at the University of Toronto, Canada (September 2008), the Faculty of Law at the University of Trento, Italy (May 2013) and the Department of Legal Studies, Central European University, Hungary (May-June 2016; May-June 2017). He is an editor of the Asian Journal of Comparative Law (Cambridge UK) and the Indian Law Review (Routledge UK).

Arun's doctoral research was on comparative constitutional law, which was the field in which he conducted his initial research and teaching. While Indian constitutional and administrative law has always been a focus of his research, it has become more central to his recent and current projects. A continuing focus of his research is constitutionalism in Asia and its intersections with the field of Law and Development. Some of his publications are available for downloading at his SSRN Author Page. A selective listing of his lectures and conference presentations is available below.

Academic Qualifications
  • JSD (Doctorate in Law), School of Law, New York University, 2007.
  • LL.M (Global Public Service Law), School of Law, New York University, 2002.
  • LL.M (Public Law and Policy Choice), National Law School of India University, Bangalore, 2001
  • B.A, LL.B (Hons), National Law School of India University, Bangalore, 1995
Courses taught at APU
  • Constitutional Foundations of State Institutions in India (Core, MPG)
  • Law and Governance (Core, MA Dev)
  • Law and Development (Core, LL.M)
  • Comparative Public Law (Core, LL.M)
  • Welfare Rights in India (Elective, cross-listed)
Areas of research interest

Indian constitutional and administrative law, Comparative constitutional theory and law, Law and Development, Law and Politics in South Asia, Legal theory, History and practice of legal education.

Publications

Book

Edited Books

Journal publications

  • Forswearing 'Foreign Moods, Fads or Fashions'? Contextualising the refusal of Koushal to engage with foreign law, Vol VI, No. 4 NUJS LAW REVIEW (Oct-Dec 2013), pp. 595-612 (published in April 2015), 17 pp.
  • Social Justice lawyering and the meaning of Indian constitutionalism: A case study of the Alternative Law Forum, Bangalore, 31 WISCONSIN INTERNATIONAL LAW JOURNAL 525-65 (2013), 41 pp. (with Arvind Narrain).
  • Of Masks, Absences and Exceptions: Cause Lawyering in Singapore, 31 WISCONSIN INTERNATIONAL LAW JOURNAL 646-671 (2013), 25 pp. (with Jothie Rajah).
  • Excavating Constitutional Antecedents in Asia: An essay on the potential and perils, 88 (1) CHICAGO-KENT LAW REVIEW 45-61 (2013), 16 pp.
  • Judiciaries as crucial actors in Southern regulatory systems: A case study of Indian telecom regulation, 6(3) REGULATION AND GOVERNANCE 327-343 (September 2012), 16 pp. (with Piyush Joshi)
  • Book Review: 'Administrative Law and Governance in Asia: Comparative Perspectives,' 32(2) SINGAPORE JOURNAL OF LEGAL STUDIES 211-221 (2010), 10 pp. 4
  • 'In Pursuit of “the Common Illumination of our House”: Trans-judicial influence and the origins of PIL jurisprudence in South Asia, 2 INDIAN JOURNAL OF CONSTITUTIONAL LAW 67-103 (2008), 36 pp.
  • Legal Education in Asia, 1 ASIAN JOURNAL OF COMPARATIVE LAW 184-207 (2006), 23 pp. (with C.H. Tan, KS Teo, J Wang, GF Bell, XH Dang, J Kim and V Vijayakumar)
  • India: Constitutional Amendment for the Right to Education, 2 INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW 148-158 (2004), 10 pp. (with Vijayshri Sripathi).
  • International Law and Constitution-making, 2 CHINESE JOURNAL OF INTERNATIONAL LAW 467-518 (2003), 52 pp. (with Thomas M. Franck)

Chapters in Books

  • Flag-Bearers of a New Era?: The Evolution of New Regulatory Institutions in India (1991-2016) in Susan Rose Ackerman and Peter Lindseth (eds) Comparative Administrative Law (Edward Elgar, 2nd edition, forthcoming August 2017), pp. 218-33 (15 pages).
  • 'The continuing resistance to comparative law in constitutional adjudication in Singapore' in CONSTITUTIONAL INTERPRETATION IN SINGAPORE: THEORY AND PRACTICE (Jaclyn Neo (ed.), (Routledge, forthcoming July 2016), pp. 318-342 (24 pages).
  • 'Tribunals' in THE OXFORD HANDBOOK OF THE INDIAN CONSTITUTION (Sujit Choudhry et al eds., (Oxford University Press New York, 2016), pp. 412-31 (19 pages).
  • 'Comparative law and the role of the judiciary' in AUSTRALIA AND INDIA: A COMPARATIVE OVERVIEW OF THE LAW AND PRACTICE (Shaun Star, ed., Universal Law Publishing and Lexis Nexis, 2016), 20-45 (26 pages) (with Douglas MacDonald).
  • 'Swallowing a Bitter PIL'? Brief reflections on Public Interest Litigation in India' in THE SLIDING SCALES OF JUSTICE: THE SUPREME COURT IN NEO-LIBERAL INDIA 121- 40 (Mayur Suresh and Siddharth Narrain, eds., Orient Blackswan, 2014). 20 pp.
    • Also published in modified form as 'Swallowing a Bitter PIL? Reflections on Public Interest Litigation in India' in TRANSFORMATIVE CONSTITUTIONALISM: COMPARING THE APEX COURTS OF BRAZIL, INDIA AND SOUTH AFRICA 519-31 (Oscar Vilhena Vieira, Upendra Baxi and Frans Viljoen, eds. Pretoria University Law Press: Pretoria, 2013), 12 pages.
  • 'Judiciaries as crucial actors in Southern regulatory systems: The Indian judiciary and telecom regulation (1991-2012)' in REGULATORY STATE OF THE SOUTH (Bronwen Morgan and Navroz Dubash eds., Oxford University Press: London, 2013) 27 pp. (with Piyush Joshi) [This is a substantially revised and expanded version of the journal article published in REGULATION AND GOVERNANCE].
  • 'The competing effect of national uniqueness and comparative influences on constitutional practice, in THE ROUTLEDGE HANDBOOK OF CONSTITUTIONAL LAW (Mark Tushnet, Cheryl Saunders and Thomas Fleiner, eds., Routledge: 2013), 15 pp. (with Zaid Al-Ali).
  • 'Introduction: Reviving South Asian Comparative Constitutionalism' in COMPARATIVE CONSTITUTIONALISM IN SOUTH ASIA (Sunil Khilnani, Vikram Raghavan and Arun K. Thiruvengadam eds., Oxford University Press India, 2013), 22 pp. (with Sunil Khilnani and Vikram Raghavan).
  • 'Revisiting The role of the Judiciary in Plural societies (1987): A quarter-century retrospective on public interest litigation in South Asia' in COMPARATIVE CONSTITUTIONALISM IN SOUTH ASIA (Sunil Khilnani, Vikram Raghavan and Arun K. Thiruvengadam eds., Oxford University Press India, 2013), 28 pp.
  • 'Constitutionalism and Poverty: A complex dynamic' in THE OXFORD HANDBOOK ON COMPARATIVE CONSTITUTIONAL LAW (Michel Rosenfeld and Andras Sajo, eds., Oxford University Press, 2012), 16 pp. (with Gedion Hessebon).
  • 'Through the Looking Glass: Judicial Reform in Singapore and India' in LAW AND DEVELOPMENT IN ASIA (Gerry McAllin and Caslav Pejovic, Routledge, 2012), 28 pp. (with Michael Ewing-Chow).
  • 'Introduction: emergency powers and constitutionalism in Asia' in EMERGENCY POWERS IN ASIA (Victor V. Ramraj and Arun K. Thiruvengadam, eds., Cambridge University Press, 2010), 18 pp. (with Victor V. Ramraj).
  • 'Asian judiciaries and emergency powers: Reasons for optimism?' in EMERGENCY POWERS IN ASIA (Victor V. Ramraj and Arun K. Thiruvengadam, eds., Cambridge University Press, 2010), 29 pp.
  • 'Norms of International Law on the Process of Constitution-Making' in FRAMING THE STATE IN TIMES OF TRANSITION: CASE STUDIES IN CONSTITUTION-MAKING (Lauren Miller ed. United States Institute for Peace, 2010), 16 pp. (with Thomas M. Franck).
  • 'Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory', in EVOLUTION OF A REVOLUTION: 40 YEARS OF THE SINGAPORE CONSTITUTION (Kevin Tan & Thio Li-ann, eds., Routledge-Cavendish, 2008), 39 pp.
  • 'The Social Rights Jurisprudence of the Supreme Court of India from a Comparative Perspective' in HUMAN RIGHTS, CRIMINAL JUSTICE AND CONSTITUTIONAL EMPOWERMENT (K. Chockalingam and C. Raj Kumar, eds., Oxford University Press India, 2007), 46 pp.

Invited Lectures and Conference Presentations (Selected, 2010-17 only)

  • 'Multitudes and Contradictions: The Uniform Civil Code in India' presented at the workshop on 'The Uniform Civil Code in India: New perspectives on constitutional secularism in India and personal law regimes in Asia', organized by the University of Trento Faculty of Jurisprudence, Trento, Italy, between April 27-28, 2017.
  • 'Federalism in India and the EU: Comparisons and Contrasts' co-presented with Phillip Dann at the Indo-European Advanced Research Network (IEARN) conference on 'Democracy in Diversity' held at the Institute for Human Sciences, Vienna, between March 22-24, 2017.
  • 'The History and Evolution of Constitutional Tribunals in India' presented at the first Karnataka Appellate Tribunal Conference 2017 on 'Access to Justice: the Role of State Tribunals in India' held at Hotel Lalit Ashok, Bengaluru on March 18-19, 2017.
  • 'Seeking Constitutional Truths: A limited justification for originalism in Indian constitutional interpretation' presented at a panel on 'Evidence and Constitutional Interpretation in India', the Law and Social Sciences Research Network (LASSNET) conference 2016, Dec 10-12, 2016, Habitat Centre, New Delhi.
  • Presenter and commentator on Weitseng Chan's paper on comparing law and development in China and Taiwan, at the Fourth University of Washington Trans-Pacific Roundtable on Comparative Constitutional Law, held at the University of Washington School Of Law, Seattle on Oct 29, 2016.
  • Law and Development: An overview of the field and an Indian perspective, at a panel on 'Comparing models of development' as part of the 2016 annual meeting of the American Society of Comparative Law held at the University of Washington School of Law, Seattle, Washington, on October 28-29, 2016.
  • The evolution of Independent Regulatory Institutions in India (1991-2016)', presented at the 2016 workshop on Comparative Administrative Law, Yale Law School, New Haven, CT;, on April 29-30, 2016.
  • 'Federalism in India and the EU', presented at a workshop on 'Democracy and Diversity: Indian and European perspectives' organized by the Indian and European Advanced Research Network (IEARN) at the India International Centre, New Delhi, between March 03-06, 2016.
  • 'Reviewing 'Unstable Constitutionalism', presented at a workshop to mark the publication of Mark Tushnet and Madhav Khosla (eds.), Unstable Constitutionalism (Cambridge University Press: 2015), organized by the South Asia Institute, Harvard University and the Centre for Policy Research New Delhi, at the Conference Hall, CPR, Dharma Lane, New Delhi on Jan 20, 2016.
  • 'One Year on: Salient constitutional issues in the first year of the Modi Administration (2014-15)' presented at the 6th Asian Constitutional Law Forum, organized by the Centre for Asian Legal Studies at the Faculty of Law, National University of Singapore between Dec 10-11, 2015.
  • 'Freedom of Speech: Historical perspectives on contemporary issues', presented at the National Conference for High Court Judges on developments in constitutional law, held at the National Judicial Academy, Bhopal between Oct 15-18, 2015.
  • 'Anxieties about the foreign and the indigenous in the Indian constitutional tradition', delivered on November 26, 2015 on the occasion of Constitution Day at the Centre for Law and Policy Research, Dona Cynthia, Bangalore.
  • 'Assessing the Social Rights Jurisprudence of the Indian Judiciary: Perspectives from comparative constitutional theory and practice,' delivered on May 07, 2015 at the University of Zurich, in Zurich, Switzerland as part of the public lecture series on 'Constitutional Reform and Social Change in Asia and the Middle East' organized by the University of Zurich Priority Programme (URPP) Asia and Europe and the Faculty of Law, University of Zurich. [Vodcast available online at: https://cast.switch.ch/vod/clips/2qcfoolh5h/link_box. ]
  • 'A historical perspective on contemporary debates about legal education in India', at the first National Law School Alumni conference on Legal Services, Legal Education and the State of the Legal Profession, organized by the Alumni Association of the National Law School at the National Law School, Bangalore on April 25-26, 2015.
  • 'One Year On: Salient constitutional issues in the first year of the Modi administration (2014-15)', presented at the Workshop on Contemporary issues in Indian public law, organized by the Universities of Oxford and Melbourne at the National Law University, Delhi on April 10-11, 2015.
  • Commentator for 'Mapping paper on India' at a conference on 'The Past and Future of Law and Development' organized by the Conference on Global Law and Development (CGLAD) at the FGV Law School, Sao Paulo, Brazil between December 8-9, 2014. [Invited].
  • Cause Lawyers in Contemporary Singapore: Prophets of a False Dawn or Symbols of a nascent Constitutional Moment? presented at a conference on 'Constitutional Moments, Turning Points and Legacies in the Formation of Political Communities in Historical Perspective' organized by the German Southeast Asian Center of Excellence for Public Policy and Good Governance 6 (CPG), Thammasat University between Nov 27-29, 2014 at the Lebua at State Tower Hotel, Bangkok. [Invited].
  • The Role of the Indian Judiciary in navigating constitutional transitions, presented at a workshop on 'The Judiciary in Constitutional Transitions' organized by the International IDEA (Institute for Democracy and Electoral Assistance) and IDLO (International Development Law Organisation) at The Hague, The Netherlands between Nov 14-15, 2014. [Invited].
  • Tribunals and the Constitution: Battling Backlog whilst preserving Judicial Independence, paper presented at the Workshop on the Oxford Handbook on the Indian Constitution, Taj Mahal Hotel, New Delhi, India, between July 17-20, 2014. [Invited].
  • Juridification of Democracy and the political sphere, presented at a conference on 'Democracy in Diversity: Indian and European perspectives' organized by the Indian European Advanced Research Network (IEARN) at the National Law School, Bangalore, India between January 09-11, 2014. [Invited].
  • The interplay of the universal and the particular in the evolution of the right to free speech in India (1800-1950), presented at the University of Washington Trans-Pacific Roundtable on Comparative Constitutional Law, held at the University of Washington School of Law, Seattle on Dec 06, 2013. [Invited].
  • The challenges of comparative law research in Asia: Reflections from two case studies on public interest/human rights lawyering in India and Singapore, presented at the Institutum Jurisprudentiae, Academia Sincica, Taipei, Taiwan at a Faculty Workshop held on November 15, 2013. [Invited].
  • The challenges of comparative law research in Asia: Reflections from two case studies on public interest/human rights lawyering in India and Singapore, presented at the National Taiwan University College of Law, Taipei, Taiwan at a Faculty Workshop held on November 14, 2013. [Invited].
  • Commentator for a four-paper panel on 'State Power, Exclusion and Legitimacy: Economic Policy, Property Rights and Rule of Law in India' at the Seventh Annual South Asia Legal Studies Workshop, held at the University of Wisconsin Law School, Madison on October 13, 2013.
  • The Role of the Indian Judiciary in enforcing social rights, presented at the Second Azim Premji University International Conference on Law, Governance and Development on Rights to Welfare at the Royal Orchid Hotel in Bangalore between August 02-03, 2013. [Invited].
  • Centre-State-local relations in India: A broad overview, presented at a workshop on 'Centre-local relations in constitutional law in Asia and Beyond' organized by the Centre for Asian Legal Studies, Faculty of Law, National University of Singapore, Singapore, between June 28-29, 2013. [Invited].
  • From the founding to the present: Salient issues in Indian constitutional law, presented at a panel on 'Current constitutional issues in India from a comparative perspective' at the 10th Asian Law Institute (ASLI) conference held at the National Law School, Bangalore, India, on May 23-24, 2013.
  • The approach of the Alternative Law Forum, Bangalore to cause lawyering in India, co-presented (with Arvind Narrain) at a panel on 'Studying and documenting cause lawyering in India' at the 10th Asian Law Institute (ASLI) conference held at the National Law School, Bangalore, India, on May 23-24, 2013.
  • Commentary on the Modernity of the Indian Constitution: Origins and Prospects, presented at a conference on 'The Indian Constitution: Analysis and Prospects' held at University LUISS, Rome, Italy on May 10, 2013. [Invited].
  • Personal laws and Rights of Equality: The case of Muslim women in India, presented at a workshop on 'The Constitutional Status of Personal Laws in Asian Legal Pluralism', held at the Faculty of Law, University of Trento, Italy on May 03, 2013. [Invited].
  • Social justice lawyering and the meaning of Indian constitutionalism: A case study of the Alternative Law Forum, presented at the 2013 Wisconsin International Law Journal symposium on 'A comparative perspective on social justice lawyering in Asia: Conditions, Practices and Possibilities' held at the University of Wisconsin Law School, Madison, USA, on April 12, 2013. [Invited].
  • Of masks, absences and exceptions: Cause lawyering in Singapore, co-presented (with Jothie Rajah) at the 2013 Wisconsin International Law Journal symposium on 'A comparative perspective on social justice lawyering in Asia: Conditions, Practices and Possibilities' held at the University of Wisconsin Law School, Madison, USA, on April 12, 2013. [Invited].
  • The Constitution of India: Presentation of a book proposal, presented at the Faculty Research Staff Seminar at the Faculty of Law, National University of Singapore on March 20, 2013.
  • The scope and content of 'Comparative Constitutionalism in South Asia', presented at a panel discussion on 'Comparative Constitutionalism in South Asia', organized at the King's India Institute, King's College London, UK, on February 28, 2013.
  • Introduction: The book project on Comparative Constitutionalism in South Asia, presented at a book panel/roundtable on 'Reviving Comparative Constitutional Discourse in South Asia' at the Third Law and Social Sciences Network (LASSNET) conference held at the University of Peredeniya Faculty of Law, Kandy, Sri Lanka between December 14th-16th, 2012.
  • Exploring the relationship between Constitutionalism and Impoverishment, presented at a conference on 'Realisation of socio-economic rights in emerging free markets: Perspectives from China and India' organized at the City University of Hong Kong School of Law, Hong Kong, between November 29-30, 2013. [Invited].
  • Judiciaries as crucial actors in Southern regulatory systems: The Indian judiciary and telecom regulation (1991-2012), presented at the First Young Scholars Workshop on Comparative Administrative Law organized by the Institutum Jurisprudentia, Academia Sinica in Taipei, Taiwan between Aug 09-10, 2012. [Invited]
  • Commentator, Roundtable on Theorizing Politics of Postcolonial Legal Professions organized by the Collaborative Research Network on British Colonial Legalities at the 2012 Annual Meeting of the Law and Society Association, held in Hawaii, USA, between June 05-08, 2012. [Invited]
  • Regulation in the Global South and Judiciaries: A case study of Indian telecom regulation, presented at a panel titled 'Role of Courts in the Regulatory State of the South' organized by the International Research Collaborative on Regulatory State, Global South at the 2012 Annual Meeting of the Law and Society Association, held in Hawaii, USA, between June 05-08, 2012.
  • Cause lawyering in Singapore, co-presented (with Jothie Rajah) at a panel titled 'Public Interest Practitioners in Asia' organized by the Reflective Practitioner International Research Collaboration at the 2012 Annual Meeting of the Law and Society Association, held in Hawaii, USA, between June 05-08, 2012. [Invited].
  • Shadowing justice through the mirror of the law: Public interest lawyering in India and the Alternative Law Forum, Bangalore, co-presented (with Arvind Narrain) at a panel tited 'Public Interest Practitioners in Asia' organized by the Reflective Practitioner International Research Collaboration at the 2012 Annual Meeting of the Law and Society Association, held in Hawaii, USA, between June 05-08, 2012. [Invited]
  • Reforming the Appellate Courts in India: Lessons from the field of Law and Development, presented at the First Azim Premji University conference on Law, Governance and Development, Bangalore, India, held on May 18-19, 2012. [Invited].
  • The evolution of the right to free speech in colonial India, presented as a public talk at the Centre for the Study of Developing Societies, New Delhi, India, on February 23, 2012. [Invited].
  • The interplay of the universal and the particular in the evolution of free speech in India, presented at a Roundtable on Freedom of Expression: Universal or Particular? Organized by the Centre for Comparative Constitutional Studies, University of Melbourne Law School, Melbourne, Australia, on December 15-16, 2011. [Invited].
  • Comparative insights into Socio-economic rights adjudication in India: Evaluating successful campaigns in South Africa and India, presented at the First National Law School of India Review Symposium on Public Law, Bangalore, India, on December 10, 2011. [Invited].
  • Constitutionalism and Poverty, presented at a staff seminar at the WB National University of Juridical Sciences, Kolkata, India, on July 15, 2011. [Invited].
  • Multi-faceted strategies for Public Interest Law in India: A case study of the Alternative Law Forum, Bangalore presented at the 2011 annual meeting of the Law and Society Association held in San Francisco, USA, on June 2-5, 2011.
  • The puzzling persistence of the judicial role in the regulation of Indian telecommunications regulation presented at a conference on 'The Rise of the regulatory state in the Global South' held at the Centre for Policy Research, New Delhi, India, on January 14-15, 2011. [Invited].
  • The use of foreign decisions in constitutional cases in Singapore and India: Empirical trends and theoretical concerns presented at the VIIIth World Congress of the International Association of Constitutional Law held in Mexico City, Mexico on December 6-10, 2010.
  • Commentator, Presentation by Professor Tom Ginsburg on Constitutional Antecedents in East Asia, presented at a conference on 'East Asian Perspectives on Legal Order' held at the Asia Research Institute, National University of Singapore, Singapore, between August 26-28, 2010. [Invited].
  • The judicial role in constitution-making in India, Australia and Canada presented at a conference on 'Constitution-making as a learning process' held at the University of Witwatersrand, Johannesburg, South Africa, on August 4-7, 2010. [Invited]
  • Inconsistent Cosmopolitanism: Resisting foreign decisions in constitutional adjudication in Australia and Singapore presented at the 2nd NUS-Sydney Law Symposium, held at the NUS Law Faculty, Singapore on June 15-16, 2010.
  • Privacy versus Equality: Analyzing constitutional arguments in challenges to anti-sodomy statutes presented at the 7th Asian Law Institute (ASLI) conference held at the International Islamic University of Malaysia, Kuala Lumpur, Malaysia, on May 25-26, 2010.
  • Role of Indian law teachers in legal educational reform presented at the National Consultation for Second Generation Reforms in Indian legal education, held at the Vigyan Bhavan, New Delhi, India, on May 01-02, 2010. [Invited].
  • Rule of Law and Judicial Review presented at a meeting of the Indo-European Advanced Research Network (IEARN) on the theme of 'Rule of Law and Democracy' held at the Centre for Studies in Social Science, Kolkata, India on January 14-15, 2010. [Invited].

Ongoing Projects

  • 'Amartya Sen and Law' (Routledge USA, forthcoming 2018) (under contract, part of the Philosophers and Law series) (co-edited with Carrie Menkel-Meadow, Victor V. Ramraj and Supriya Routh).
  • 'The Collected Works of Upendra Baxi' (Oxford University Press India, forthcoming 2018) (editor of volume on 'Constitutionalism') (co-edited with Amita Dhanda and Kalpana Kannabiran).
  • Report on 'Citizenship Laws in India' for the European Union Democracy Observatory on Citizenship project (forthcoming 2017) (with Ashna Ashesh).


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