I shall name him Superman: An international comparison of baby naming law reform by Alex May

Late last year we worked with the University of Winchester’s brightest law students to submit articles for our blog. This was a chance for them to be published online and boost their online profiles. We received some strong submissions but, in the end, we narrowed the field down and this article, written by Alex May is the winning entry.

Naming a baby

What should we call our baby? The first question for every new set of parents when they discover the amazing news of being pregnant. However, many parents will not know the laws involved in naming their new baby. In most circumstances, the chosen name would not endure any legal consequences.

What is the law in England & Wales?

So, what is the law on baby names in the UK? The short answer… there is not any.

Superman… Gandhi… Arsenal… Bear… they have all been accepted as baby names in Britain.

Registrations of births in England and Wales are made under the Births and Deaths Registration Act 1953 and the Registration of Births and Deaths Regulations 1987, however, the legislation does not set out any guidance on what parents may name their child.

So, how do our relaxed and non-existent naming regulations compare against other countries on an international stage? In Britain, third parties can only become involved in the baby naming process in extreme cases, as long as a name is not offensive and fits in the box on the form it will be accepted. How can this be right when that name becomes a child’s label until they are of a riper age to make a change?

In the age of social media, bullying is now not only practice within schools, but cyber-bullying occurs far too often leaving children isolated and alone, it should then be questioned as to why Britain has little regulation on something that could define a child’s early life from the day they are born.

It must then be said that the judgement of Lady Justice King in Re C (Children) (Child in Care: Choice of Forename) should become an efficient and well use practice to regulate this area. She looked in relation to the child’s sense of identity and self-worth and to her day-to-day life as a child. The name, in this case, would potentially expose the child to treatment which goes far beyond acceptable teasing and therefore she ruled against it.

This judgement demonstrates exactly where the law should develop to, there should be more weight put on the child’s welfare over paternal rights, it should be the child’s future that should decide the acceptance of a name, not the parents right to call their child anything they want.

The law internationally

When compared with the international stage, Britain’s naming laws demonstrate a need for reform. In New Zealand the Births, Deaths and Marriages Registration Act of 1995 s.18 states that it is undesirable in the public interest for a person to bear a name or combination of names if it might cause offence to a reasonable person or it is unreasonably long; or it is without adequate justification.

In contrast, Sweden’s Naming Act 1982 s.34 a first name may not be accepted as being liable to offend or likely to cause discomfort to the person who is to bear it or name which, for some other reason, is obviously not suitable as a first name.

France, the most child friendly naming laws, states in their Civil Code of Persons Chapter 2, Section 1, Article 57 Where first names or one of them, alone or combined appears to be contrary to the welfare of the child the officer of civil status shall give notice thereof to the government procurator without delay [or…] refer the matter to the family causes judge. Where the judge considers that the first name is not consonant with the welfare of the child… he shall order its removal from the registers of civil status.

The need for reform

Subsequently, when looking at Britain on a global scale our stance on baby naming laws is weak and should be reformed. New Zealand is the closest to Britain in terms of its requirements, the welfare of the child is not mentioned at all, but they still have legislation. Sweden and France have the most child-friendly laws and Britain should follow suit, or at the very minimum pass legislation clarifying our exact stance on baby names.

A baby name is one of the most important things in the start of a child’s life as it will be their name for at least 16 years until they can choose to change it by deed poll, but during those first years a child will enter education and be exposed to playground teasing, and an obscure and unique name could lead a child to receive teasing far beyond what is acceptable.

Quintessentially, if something as simple as a stronger emphasis on the welfare of the child eradicates the celebrity-led culture of ‘I want my baby to be different and have a unique name’ then reform should occur. As a unique name may be welcomed by the parents, but in terms of the welfare of the child, some names could have a massive impact on their baby’s future.

The post I shall name him Superman: An international comparison of baby naming law reform by Alex May appeared first on Stowe Family Law.


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Author: Stowe Family Law

Synesthesia

An example how a synesthetic person might associate a color to letters and numbers

Making sense of shared senses

I have always enjoyed finding (or making) connections between things that don’t seem to go together. So I have a special fondness for metaphor—especially when it’s indirect and novel. A number of years ago, a friend suggested we go out to dinner together. I asked what kind of place he had in mind, and he said, “Oh, I was thinking we’d go to a green restaurant.” I didn’t know what relevance a restaurant’s color could have, and the usual metaphorical meanings of green (“environmentally sensitive,” “inexperienced,” “nauseated,” etc.) didn’t seem to apply. Noticing my confusion, my friend explained his unusual usage of the term. “There’s a class of restaurants,” he said, “whose décor consists mainly of antiques hung on the walls and brass railings. There’s always a central bar, a lively atmosphere, pub-style food, and an excessively cheerful wait staff. You know the type—T.G.I. Friday’s, Chili’s, Bennigan’s, Applebees…” I nodded. I knew the type. He continued, “These restaurants also typically have green awnings. Thus: ‘green restaurants.’” Ever since then, I’ve referred to this class of restaurants as “green,” even when the awnings are red-and-white striped, when there are no awnings at all, or when other details differ from the canonical example. I like that description, because it’s the most compact way I can think of to describe that type of restaurant.

That Name Rings a Bell

For some people, though, the word “restaurant” may literally cause them to experience the color green—or a particular texture, smell, or taste. This is just one example of a phenomenon known as synesthesia, in which senses blend together or trigger each other in one way or another. In one of the more common forms of synesthesia, a given letter or number invariably appears to be a certain color. In other cases, a certain kind of sound may cause someone to see a color or experience a tactile sensation, or a texture or color may provoke the experience of a taste.

There are at least 50 different types of synesthesia, involving various combinations of senses both as the triggering stimulus and the secondary response. Some forms of synesthesia are experienced as multiple modalities of a single physical sense. For example, seeing a number might evoke a certain color for one synesthete, while in another person the same number might cause a different visual sensation, such as a pattern or shape. One sense may also trigger another, as in a tactile sensation that has a taste. But not all synesthetic experiences are restricted to the five senses. In some synesthetes, a word or sound might evoke a sensation of motion, or even a kinesthetic response, inducing the person to assume a particular physical position. There are also cases in which abstract concepts, such as days of the week or months of the year, cause the sensation of shapes, colors, or other experiences.

Survey Says…

Estimates vary widely as to what percentage of the population experiences synesthesia. I’ve read claims that as few as 1 in 25,000 or as many as 1 in 300 people have at least one pair of overlapping senses (in rare cases, all five senses are blended together), though everyone seems to agree that it’s more common among women and left-handed persons than the rest of the population. Synesthesia is always referred to neutrally as a “condition”—neither a “defect” nor a “gift”—because even though it’s abnormal in the sense of being rare, no one can seem to work out whether it’s advantageous or disadvantageous from an evolutionary point of view. It’s simply a trait, like having blond hair or being able to curl one’s tongue, that some people have and others don’t. There are cases in which synesthesia acts as a memory aid, and it is also associated with higher-than-normal levels of creativity. On the other hand, there are a few cases where the blending of senses is so pronounced that almost any stimulus produces a disturbing state of sensory overload.

Synesthesia is an inherited trait, although researchers have not identified the responsible gene (or genes) or the exact parameters that determine how it is transmitted. In any case, people with synesthesia experience the sensations involuntarily and consistently. There have been some reported cases in which children with synesthesia lose the multisensory associations as they grow older, but for the most part, a given stimulus always produces the same secondary response in a given person—if the number 5 is red, it will always be red; if the word “groovy” tastes like mint, it will be just as minty 10 years from now. That said, though, there is little consistency from one synesthete to the next in what sensations are triggered by what stimuli. No one has yet determined exactly how the specific associations form.

It’s Not Easy Hearing Green

Although synesthesia has been known and documented in medical literature since 1880, it was largely ignored as a field of serious inquiry until late in the 20th century. Many people believed that those who reported synesthesia were “just imagining things,” which is a strange accusation considering that all sensory perception is, by definition, in one’s head. But if someone reported that the letter R felt cold, it was easy to conclude that the person was just speaking metaphorically, or remembering a childhood association of some kind—not really experiencing the sensation of cold. Recently, though, researchers have used several clever techniques to prove conclusively that the secondary sensations are actually experienced in the brain, not simply memories or a poetic way of speaking.

In one experiment, for example, scientists filled a page with nearly identical monochrome 2s and 5s, asking subjects to tell them what pattern was formed by the 2s. Nonsynesthetes had great difficulty in picking out any pattern, because they had to look at each individual character. But for synesthetes who perceived 2s and 5s in different colors, the pattern (say, a triangle) formed by the 2s immediately jumped out.

Light Me Up

Having learned that synesthesia is a genuine sensory experience, researchers concocted more elaborate tests to determine what may be going on in the brain when such experiences occur. One such technique is a Functional MRI (magnetic resonance imaging) test, in which subjects are placed in a machine that can display a dynamic, real-time, 3D representation of blood flow in the brain. The parts of the brain that are activated in response to specific stimuli “light up” in distinctive colors. So in the case of someone who hears colors, showing the subject a color will cause the parts of the brain that handle auditory information to be activated, just as they would be if the person had actually heard the sound.

When discussing what happens in the brain in synesthesia, it’s common to talk about “crossed wires,” and of course the phenomenon does suggest communication between parts of the brain that do not normally interact. But the image of crossed wires is probably misleading; strictly speaking, synesthesia does not appear to require a different or more elaborate set of neural connections than in a normal brain. Instead, the prevailing belief is that existing connections are simply used in a new way, or that chemicals that ordinarily inhibit this type of cross-communication are not released. This notion is supported by the fact that phenomena similar to synesthesia sometimes occur in otherwise normal people who suffer seizures, have brain injuries, or use certain kinds of drugs. But apart from physical or chemical trauma to the brain, there is no evidence that synesthesia is a trait that can be learned or acquired deliberately.

A recurring theme among people with synesthesia is that they have learned by experience not to share their unusual sensations; painful tales of childhood ridicule are common. This is a great pity, because one person’s scary mutation is another person’s super power. With any luck, the combination of more generous cultural attitudes and really expensive scientific equipment will open all new doors for understanding and appreciating the unusual abilities of synesthetes.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on August 27, 2003, and again in a slightly revised form on July 8, 2004.

Image credit: User:Mysid [Public domain], via Wikimedia Commons


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Author: Joe Kissell

National Oysters Rockefeller Day

Oysters Rockefeller

We’ve covered Oysters Rockefeller previously here on Interesting Thing of the Day—it’s a baked oyster dish with a secret recipe—often imitated but never precisely replicated. If you want the original version, I’m afraid you’ll have to visit Antoine’s in New Orleans—the same restaurant that declared January 10 to be National Oysters Rockefeller Day starting in 2017. Today, however, if you are inclined to make Oysters Rockefeller yourself, or buy them at another restaurant, I hereby authorize you to use any recipe that tastes good. (Offer expires at midnight, sorry.)

Image credit: Larry Hoffman [CC BY-SA 2.0], via Flickr


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Author: Joe Kissell

Easy Paleo Chili “Cheese” Fries Recipe with Chocolate Chili and Dairy Free Cheese Sauce

A few months back I went out with friends to eat, and I ordered chili “cheese” fries (with non dairy cheese sauce), and it was so delicious. Since then, I’ve made it so many times at home; it’s become a bit of an obsession here. The reason for that is it is super easy to make, relatively frugal, my kids all enjoy it, and it tastes amazing.

I was in a rush yesterday and I made the chili


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Author: Penniless Parenting

How to Stop Getting Sucked Into Sales

It doesn’t matter how good of a deal something is. If we don’t need something and buy it unnecessarily, it’s a waste of money. Here’s some suggestions from a reader how to stop getting sucked into sales.

It’s fair to say we all love a bargain. With the rise of Black Friday, Boxing Day sales and January sales, it’s easy to be tempted into splurging. This year, American shoppers spent a record


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Author: Penniless Parenting

A word of caution for cohabitees without a will

Non-married couples get a raw deal under English law when their relationship ends, regardless of how long they lived together.

As a family lawyer specialising in cases involving claims against estates under the Inheritance Act, I am regularly consulted by clients whose partners have recently died and who feel that they have not received a fair share of their loved one’s estate if anything at all.

Sometimes this is because the partner did not leave them anything but often it is that the deceased did not prepare a will. Without one, intestacy rules apply meaning that an unmarried partner is not entitled to receive anything. The estate instead passes to the deceased’s children or other relatives.

Unfortunately, some people still believe that they are common law spouses because they have lived together for a long period of time.  But the concept of a common law spouse does not exist in English law, except in some very unusual circumstances.

The bottom line is that if you are not married, you have less legal protection if your relationship ends through the death of one partner.

However, a recent High Court case has thrown the spotlight on claims brought by cohabitees against a late partner’s estate.

In Thompson v Raggott, the High Court ruled in favour of Joan Thompson’s claim for reasonable financial provision out of the estate of her late partner, Wynford Hodge.

Mr Hodge, worth £1.5 million, left nothing for Mrs Thompson or her four children. He felt that three of her children had taken advantage of him during his lifetime and instead left the estate to his friends – who were also tenants at one of his properties.

Mrs Thompson claimed she had been financially dependent on her late partner and had lived with him for approximately 42 years.

Following evidence from her GP, Mrs Thompson made it clear that she was in fact well enough to live at home alone, with an appropriate care package. Her claim was also supported by the fact that one of Mr Hodge’s properties had been purchased for the couple to move into after retirement.

The court decided to provide an outright transfer of the property to Mrs Thompson, rather than holding it on trust with a lifetime interest.

It is worth bearing in mind that most of the estate passed to Mr Hodge’s friends as per his will.  However, it is highly likely that Mrs Thompson would have received significantly more financial provision if she had been Mr Hodge’s widow rather than his surviving cohabitee as the law states that a widow or widower should receive a higher level of financial provision from an estate than a surviving cohabitee.

Cohabitees claims under Inheritance (Provision for Family and Dependants) Act 1975 are a complex area of family law and it is important you seek specialist advice if you think you have a claim over a former partner’s estate.

You can get in touch with me below or email theo.hoppen@stowefamilylaw.co.uk

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Author: Theo Hoppen

Father ordered to return child to Sudan despite wishes of child

I’ve said it
here before, but quite often a large part of the job of a judge is simply to
decide which party is telling the truth. And so it was in the child abduction
case AH v AMH F (Summary return of child
to Sudan)
, decided by Her Honour Judge Hillier in the High Court last
October, but only recently reported on the Bailii website. The case is also
interesting for other reasons, including the weight to be given to the wishes
of the child.

Before
proceeding, I should explain something for the benefit of those who are
familiar with the principles used to decide child abduction cases involving
countries that are signatories to the Hague Convention on Child Abduction. This
case was a ‘non Convention’ case, as Sudan is not a signatory to the Convention,
and when deciding whether or not to order the summary return of a child to a
non-Convention country, the court does not operate by the principles laid down
in the Convention. In particular, the court must follow the principle that the
welfare of the child is its ‘paramount consideration’ (Hague convention cases
are one of the few types of children cases in which this ‘paramountcy
principle’ does not apply).

The case
concerned ‘B’, a boy aged ten, who has both British and Sudanese Nationality.
His mother is a Sudanese National, and his father is a British National, of
Sudanese descent. They married in Sudan in 2007 and B is their only child. B
was born in Sudan, but he and the mother lived for a short period with the
father in the UK. The parents separated and the mother applied to the English court
for permission to relocate permanently with B to the Sudan. The application was
granted, and B and the mother returned to Sudan in September 2009.

It was
agreed that B would return to England to see his father during the summer
holidays once he had reached the age of six. He came to the UK in 2016, but was
retained by his father at the end of the agreed period, and as a result the
mother did not agree to him coming in 2017. She did, however, agree to him
coming to England in March last year (when the school holidays began in Sudan),
although the exact circumstances were disputed by the parents.

The father
maintained that he had no particular intention to keep B here, until he asked
him what he wanted to do. He gave B the option of staying here and getting a
better education and healthcare. B had told him that he wanted to stay here. He
suggested that the mother had indicated that she didn’t mind whether B was
educated in Sudan or England.

The mother’s
version of events was that she agreed for B to stay in England with his father,
but only until the school was due to start again in Sudan, in July. She had
never indicated that she agreed to B remaining in England. The father told her
in April that he did not intend to return B to Sudan, and enrolled B in an
English school, without asking her.

The mother
applied for the summary return of B to Sudan.

Judge
Hillier did not accept the father’s evidence. She found that he had lied about
several things, and had had no intention at all of returning B to Sudan when he
collected him at the end of March. On the other hand, the mother had been
truthful, and Judge Hillier accepted her version of events.

As to B’s
welfare, she found that this would be best served by his returning to Sudan. He
had a much stronger connection with that country, having lived there for the
vast majority of his life. B had indicated a preference to remain in this
country, but Judge Hillier, who had met him, found that he was clearly too
immature for her to give very significant weight to his views, and that he had
been significantly affected by his father, saying what his father wanted him to
say.

Judge
Hillier also expressed concern about the father’s behaviour, which she said demonstrated
his complete lack of insight into his son’s needs. In her assessment, she said, B will
have suffered emotional damage by his father’s unilateral actions, because it was
not a planned consensual move. She found that the mother was able to meet all
of B’s physical, emotional and health needs, whereas the father seemed “absolutely
unable to comprehend his son’s emotional needs”, and therefore could not meet
them.

Accordingly,
Judge Hillier ordered that B should immediately be returned to Sudan.

You can read
the full judgment here.

The post Father ordered to return child to Sudan despite wishes of child appeared first on Stowe Family Law.


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Author: John Bolch

Bahasa Indonesia

Samples of Bahasa Indonesia books

The complex story of a simple language

During college I spent a summer in Indonesia, and naturally I picked up a bit of the language. When I say “the language,” I’m referring to Indonesian or, as it is known in Indonesian, Bahasa Indonesia (“language of Indonesia”). This statement is not as obvious as it may sound; Indonesia is home to hundreds of languages, and of these, Indonesian is not spoken as a first language by the majority of the population. But it is the lingua franca, so it’s useful for citizens and travelers alike. I found Indonesian to be straightforward and easy to learn, free of most of the irregularities and annoyances of the Romance languages.

What I understood at the time was that Indonesian is, for the most part, the same language as Malay (Bahasa Melayu), the national language of neighboring Malaysia. I assumed that there were some differences, but that the main one was simply the name. I had no idea at that time of how either version of the language came into existence. It turns out that there’s a bit of a modern myth about the language’s origin—but the truth is even more interesting.

Artificial Intelligence

While doing some research on an unrelated topic, I stumbled upon a webpage claiming that Indonesian was an artificial language. I’d never heard that before and it piqued my interest, so I dug further. A few minutes of web searches turned up quotes such as the following (identities omitted to protect the guilty):

Bahasa Indonesia is an artificial language made official in 1928. By artificial I mean it was designed by academics rather than evolving naturally as most common languages have.

…Indonesian [is] a very simple Malay-based artificial language, designed by academics, and was the official language for a multiethnic country of over 230 million inhabitants.

…Indonesian is a constructed language made by a Dutch missionary in the 1920s on the basis of synthesizing some local languages.

…[Indonesian] was devised by a Dutch linguist, based on various Malayan and Indonesian varieties…in the 1920s.

The language in Malaysia, Bahasa Malay, is a constructed language, and was designed to be easy to learn, as the various people in Malaysia and Indonesia who were told to form rather large nations after WWII needed a common language.

…every language is artificial—it just depends how many people create it. Bahasa Indonesia is also invented but by a group.

Bahasa Indonesia is essentially a constructed language designed to fool foreigners into thinking Indonesia is a monoculture.

…the other major semi-artificial language of recent times, Bahasa Indonesia, the national language of Indonesia, is a syncretic amalgamation of existing Malay dialects that were still in current use.

Even though it is basically the Malay language, [Indonesian] has in common with Esperanto…the fact of having underwent [sic] a kind of planned restructuration to simplify grammar and reduce exceptions.

With all that evidence, I was nearly convinced, though I wasn’t entirely certain what I was convinced of. This string of claims sounded a bit like the telephone game, where a message changes just a bit with each retelling. Then a little voice in the back of my head whispered, “Primary sources, Grasshopper.” Every fact on the web appears to be equally authoritative, but just because somebody says something with conviction doesn’t mean it’s true. So I went to an actual library (two of them, in fact) and looked at ancient documents known as “books”—some more than fifty years old—to see if I could get to the bottom of this story. After all, if a Dutch linguist (or missionary) did in fact invent the language, I should be able to find that person’s name. And if a committee of academics invented it, I should be able to find some record of that momentous project.

Let me cut to the chase: as with all myths, this one has a kernel of truth to it. But the claim that Indonesian is an “artificial” or “constructed” language is simply false.

This Land Is Your Land, This Land Is Island

Indonesia is an archipelago consisting of over 18,000 islands, of which about a third are inhabited. That these islands—and their greatly varying cultures and languages—should be considered a single nation is a relatively recent (and, ethnographically speaking, artificial) notion. Nevertheless, for centuries, traders sailing from one island to another have needed to communicate with each other. Malay was the local language of Malacca, a port town near the southern tip of the Malaysian peninsula. According to legend, local fisherman in Malacca developed Malay as a synthesis of several nearby languages in the late 16th century. However, written records of Malay date back as far as the 7th century, so it is more likely that the fisherman simply integrated new words into the language. (Such borrowing happens in virtually all languages, and the newly incorporated words are known as “loan words.”) In any event, Malacca was a hot spot for traders, and by the time the Dutch colonized Indonesia (then known as the Dutch East Indies) in the 17th century, Malay had already come into widespread use as the regional trade language.

During their more than three centuries of occupation, the Dutch, unsurprisingly, attempted to enforce the use of their own language for trade. In the process, Malay—as spoken in Dutch territory—picked up a number of Dutch loan words, while the Malaysian speakers of Malay developed a somewhat different vocabulary. Meanwhile, due to the influence of Islam, which had been introduced in Indonesia as far back as the 13th century, Malay also picked up a number of Arabic loan words. Because parts of Indonesia were Hindu, Sanskrit also gave numerous words to Indonesian—including “bahasa” (“language”). And since Portugal traded in Indonesia and for many years controlled East Timor, many Portuguese words also found their way into the language. In short: without question, the Indonesian variety of Malay did indeed borrow heavily from numerous other languages, but this was a natural linguistic evolution. However, there’s still more to the story.

The Language of Change

By the 1920s, public sentiment in Indonesia was turning strongly toward gaining independence from the Netherlands. In October 1928, the Sumpah Pemuda (Pledge of the Youth) proclaimed that in Indonesia, Malay was to be called “Bahasa Indonesia” and considered the national language. However, there being no nation as yet, this was more of a rallying cry than anything else. In 1945, Indonesia declared its independence from the Netherlands and stated in its constitution that Bahasa Indonesia was its official language—though it took four years of fighting before the Dutch acknowledged Indonesia’s right to self-rule. So depending on how you look at it, Indonesian became the official language in 1928, 1945, or 1949—though at that time, only a tiny percentage of the nation’s population spoke Indonesian as a first language.

Following independence, the people of Indonesia rapidly abandoned Dutch (to the extent that they had grudgingly adopted it) and began to embrace their new official tongue. It is now the first language of more than 40 million people, and a second language for over 150 million. Although these numbers are still small given Indonesia’s total population of more than 260 million, they represent astonishingly rapid growth for the language.

In 1972, the governments of Indonesia and Malaysia collaborated on a project to reform and simplify spelling for both versions of the language; this consisted largely of eliminating Dutch spellings in favor of more phonetic Malaysian spellings. Malay and Indonesian have about an 80% overlap in vocabulary and are mutually intelligible; the variations in vocabulary, pronunciation, and usage have been compared to the difference between American English and British English. Where Indonesian retains many Dutch loan words, Malay typically replaces these with words based on English.

I like Indonesian a great deal; it has such an elegant structure that it’s tempting to believe it could only have been made artificially. But in fact it’s as natural as the next language, notwithstanding its exceptional capacity for absorbing foreign vocabulary—and contributing to linguistic mythology.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on September 17, 2004.

Image credit: Laura Pro [CC BY-SA 4.0], from Wikimedia Commons


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Author: Joe Kissell