Law in Contemporary Society

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ZachBlumyFirstEssay 3 - 01 Jun 2017 - Main.ZachBlumy
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Profile In Cowardice

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A Tale of Three Cities

 
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-- By ZachBlumy - 10 Mar 2017
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-- By ZachBlumy - 1 Jun 2017
 
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At heart, every lawyer is defined, at least in part, by risk aversion.
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Note: The headings for this essay's sections link to songs that should be played while one reads.
 
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I don't know this. How do you?
 
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This is particularly true if we think of lawyering as getting things done with words. Words can be risky, of course. In certain dictatorships, words can get you killed. In democratic societies, too, words can get you killed, though you’re more likely merely to be ostracized. But words are far less likely to incite force against you than is force. And even when lawyers do deliver words, even when these words are unpopular, they’re often protected by the sanctity of the courthouse. For delivering words in Selma, Alabama, John Lewis had his skull broken. Thurgood Marshall’s words, delivered before and then beside Earl Warren, were never met with such direct violence (though Bull Connor might have liked to oblige).
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"Subdivisions"

 
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You might find interesting a little exposure to the early career of Thurgood Marshall.
 
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Lincolnshire, Illinois is the Platonic form of American suburban comfort—spacious homes with wooded backyards, at least two cars in every garage, and neighbors who mind their own business unless they happen to become your friends. It’s a village of cordiality, not of community; of complacency, not of creativity. In other words, it’s no place for a restless, culture-hungry twenty-something.
 
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Perhaps this is because even oppressive states must keep the courthouse free of bloodshed to maintain the semblance of legitimacy and righteous order. And perhaps this is also why lawyers have an affinity for the courthouse—or for the comfort of an office, or the power of a deposition room. Whether they love justice, hate injustice, or have some other motive for practicing law, lawyers embrace order of some kind. Carl Wylie may have been a self-deceiving prick, but he was right about one thing: chaos, no matter how fascinating, is anathema to the lawyer’s life.
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And yet after graduating college, I returned to Lincolnshire to live with my parents. They insisted that I not spend my meager tutoring earnings on rent while I figured out my next move—at that point, freelance writing—and I agreed with them. They also insisted that I apply to law school, because a J.D. is versatile and would likely ensure my lifelong financial security. Again, I agreed. I wrote my personal statement about wanting to “help creative people create,” which was part-truth and part-cover-up. Law schools, I imagine, don’t admit students who are honest enough to say they want to be comfortable.
 
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Is that actually what he said?
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The ruse worked. I got into a great law school and left Lincolnshire, never to return. By July, my parents will have done the same, flocking to the warmer climes of San Diego.
 
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To say that I hate my hometown would be easy—but also dishonest. It’s inexorably welded to my history, and whenever I remove the rust-colored lenses, part of me will always be attracted to it. I like the personality roots I laid in Lincolnshire: thoughtfulness, loyalty, respect, the core values of Midwestern decency. And even after spending days in Chicago, the beautiful city of humble pride and brutal American honesty, I always relished the retreat to the quiet streets and forested expanse of my happy place.
 
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Death is the ultimate chaos, unknown as it is what happens to our consciousness once our bodies die, and thus it makes sense for lawyers to avoid death, even for the causes toward which they work, for as long as possible.
 
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The tricky part, though, is defining the line between an aversion to risk and cowardice.
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"New York I Love You, But You’re Bringing Me Down"

 
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It’s hard, when I’m reading the story of John Brown or watching grainy footage of Freedom Riders enduring abuse from “genteel” Southerners, not to feel a bit ashamed that I’m not out there with them, putting my body on the line for the fundamental rights of others. A part of me envies that burning passion, such a powerful sense of purpose that I can accept the risk of death because I will have died fulfilled. But I either don’t have the capacity for that passionate purpose, or if I do, it has yet to awaken in me. So here I am at law school, learning to make change in society with words, without necessarily accepting the willing risk of death. Quite simply, I’m risk averse, and I’m more or less fine with this for now. My risk-averse decision to use words rather than force will become troublesome only when words can no longer make a difference. I worry that I will deceive myself and slip into cowardice when this moment passes, but I think I’m correct in saying that words have not yet lost all possible efficacy.
 
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This particular opposition, between risk-aversion and the use of force rather than words, doesn't seem to make either analytic or moral sense. Perhaps more clarity about the subject actually under discussion would help.
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My happy place in Manhattan is the roof of my building. I discovered it in a moment of nerve—I called the door’s bluff that “alarm will sound”—and then I bought a reclining lawn chair so I could better enjoy the unobstructed view of the Midtown skyline. It’s especially beautiful at sunset, when Riverside Church becomes a silhouette and the Empire State Building glows orange-gold.
 
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I hated New York when I arrived last August. Chicago’s big shoulders already carry a New York-sized chip, and the oppressive Atlantic humidity and ubiquitous stench of roasting garbage didn’t help matters. But as the weather cooled and I began to explore the city’s cultural landscape, my stance softened. The density I once saw as crushing morphed into vibrancy. The urban bustle that once overwhelmed me now felt exhilarating. By May, something incredible had happened: I actually meant what I had written in my law school personal statement so long before. My friends and teachers at Columbia deserve much credit for that epiphany, but the New York atmosphere, saturated with meaningful creativity, played a necessary role in setting the stage.
 
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But am I already a coward? This is a much more serious accusation to level upon myself, and it arises out of my lack of desire to pursue the most contentious, vital issues of our time: climate change, freedom of thought, state violence against people of color. My interest lies in the entertainment industry, which is, among other things, a means of distraction and escape from the aforementioned nastiness. Can I possibly reconcile my interest in distraction, and my awareness of and subsequent inaction upon more pressing matters, with any semblance of bravery? Particularly when at least some of the appeal of the entertainment industry is knowing that I will make enough money to live comfortably and, should I have children, provide them as comparatively easy an upbringing as I had? The potential of losing that sense of security, for me, constitutes a fear that I find far more embarrassing than my unwillingness to risk death. And even though I’m not always focused upon it, I know it perpetually floats in the back of my mind like a venomous jellyfish, always capable of ensnaring and paralyzing me.
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And yet I still prefer to take it all in from my rooftop in tranquil Morningside Heights. New York and I have a healthy relationship for now, but were we to marry, we’d be destined for divorce, citing irreconcilable differences: she’s too clingy—inescapable, even—and she thinks she’s all that matters in the world. My Midwestern pride and craving for space will not abide it.
 
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This is the psychological kabuki that every lawyer has to play—not even the public interest devotees ever possess a singular, unfractured mind—but it strikes especially hard at lawyers who take active part in industries that hurt society to some degree. And although entertainment might not be as deleterious as hedge fund management or big oil, it still represents a siren song drawing my abilities away from legal practices where I might work to protect people’s lives and most fundamental rights every day.
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That goes double for New York’s legal community. Larry Joseph paints an intricate picture of it in Lawyerland, and of all his colorful characters, the one that most struck me was the city itself—a vast, oppressive pressure cooker. Carl Wylie might be an asshole anywhere, but spending his entire career in such an environment probably brought out the worst in him. Given that my goals likely involve me beginning in transactional law, I’d like to minimize my chances of slipping down his path.
 
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But try as I might, I can’t force myself, either by manufactured passion or a sense of duty, to abandon my hopes for a comfortable, fulfilling Hollywood life in favor of a more crucial arena. Perhaps this is because a major reason I came to law school was that grinding out an existence below the poverty line as a writer or musician seemed too risky. I decided that a J.D. would provide a more ideal pathway into the industry, and even as I’m confronted with seemingly better ways to use my legal knowledge, the original vision and half-baked passion behind it persist. And as cowardly as I feel for allowing financial security to have dictated many of my past and future life choices, I’m either too convinced that I’ll be personally fulfilled in entertainment or too afraid to disrupt my current state of order to change my mind. So I tell myself that I’ll use my law degree to help bring subversive art into the world, to break what Marcuse called one-dimensional thought.
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Instead, give me mountains I can climb and oceans I can surf on the same day when I need room to breathe. Give me an entertainment hub that won’t suffocate my body. Give me a city with Lincolnshirian space that also boasts a network I can tap to help artists who believe in more than wealth and fame, be it via my own boutique law firm or independent film production house. Give me Los Angeles.
 
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A lofty, noble goal, I hope. But does it matter if I’m driven to it, even partially, out of self-interested fear of material poverty? Even if I answered that question affirmatively—yes, Zachary, you shouldn’t feel bad about following your passion, and you’re doing helpful work!—I’d question my own sincerity. So here I am, telling my story, just as Wylie told his, hoping for confirmation that I’m less cowardly and self-duplicitous than he. I’m averse to the risk of leaving that judgment to my own flawed mind.
 
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Why not try a draft that says "I don't love justice, and I don't hate injustice. I like narcissists, and I'd like to be rich and comfortable hanging out with the pretty ones. I'll marry one after fucking as many as possible, and have some bratty Westwood children, and spend a fortune buffing myself and them. This is what I'm investing time, effort and money in a law degree in order to get, and I'd like to stop feeling self-doubtful about the fact that this is what I'm committing my life to"? Even if you're quite sure that's not who you are, writing it would certainly help you decide what should be put next in this space, and what it will mean to you to have done so.
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"Lost in Hollywood?"

“No!” cries the Greek chorus. Hollywood will wither your soul, your naïveté, your resolve, it chants. After a few years sitting in traffic and hobnobbing with self-obsessed primadonnas and their parasitic, obsequious attendants, it urges, you'll be in it for money and thrills, not for justice, not even for art. This is how Los Angeles invariably preys on its immigrés, I’m warned, because they lack a sense of place. And into that void step their materialistic, complacent tendencies—tendencies to which I will never be immune.

I can’t call Lincolnshire home. I won’t call New York home. But I can take the best aspects of each—the values I built in Lincolnshire, the purpose I built in New York—and deliberately construct a sense of place in Los Angeles that shelters my soul from the blistering Santa Ana winds of superficiality.

I take heart in knowing that like-minded people battle the same stiff wind. LA’s animation community manifests a powerful hatred of injustice posing as innocuous cartoons. Its rap scene draws millions of well-off white kids’ attention to the ugly reality of institutional racism. Its independent filmmakers and distributors relate bold stories, and their successes renew my faith in the American viewing public. I won’t be creating alongside them, but I will allow their passion to guide my own legal practice and ambitions.

A question remains: if I falter, if I wake up one day and realize I’m on the path toward suburban complacency or Wylian hedonism or Kardashian fakeness, will I have the courage to leave? I’ve glimpsed an unhappy Hollywood ending, and it terrifies me. But I trust in the voice that compelled me from Lincolnshire, the same voice that now compels me to leave New York and go West in search of the perfect spiritual place I haven’t yet found.

 


ZachBlumyFirstEssay 2 - 06 May 2017 - Main.EbenMoglen
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META TOPICPARENT name="FirstEssay"
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 At heart, every lawyer is defined, at least in part, by risk aversion.
Changed:
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This is particularly true if we think of lawyering as getting things done with words. Words can be risky, of course. In certain dictatorships, words can get you killed. In democratic societies, too, words can get you killed, though you’re more likely merely to be ostracized. But words are far less likely to incite force against you than is force. And even when lawyers do deliver words, even when these words are unpopular, they’re often protected by the sanctity of the courthouse. For delivering words in Selma, Alabama, John Lewis had his skull broken. Thurgood Marshall’s words, delivered before and then beside Earl Warren, were never met with such direct violence (though Bull Connor might have liked to oblige). Perhaps this is because even oppressive states must keep the courthouse free of bloodshed to maintain the semblance of legitimacy and righteous order. And perhaps this is also why lawyers have an affinity for the courthouse—or for the comfort of an office, or the power of a deposition room. Whether they love justice, hate injustice, or have some other motive for practicing law, lawyers embrace order of some kind. Carl Wylie may have been a self-deceiving prick, but he was right about one thing: chaos, no matter how fascinating, is anathema to the lawyer’s life. Death is the ultimate chaos, unknown as it is what happens to our consciousness once our bodies die, and thus it makes sense for lawyers to avoid death, even for the causes toward which they work, for as long as possible.
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I don't know this. How do you?

This is particularly true if we think of lawyering as getting things done with words. Words can be risky, of course. In certain dictatorships, words can get you killed. In democratic societies, too, words can get you killed, though you’re more likely merely to be ostracized. But words are far less likely to incite force against you than is force. And even when lawyers do deliver words, even when these words are unpopular, they’re often protected by the sanctity of the courthouse. For delivering words in Selma, Alabama, John Lewis had his skull broken. Thurgood Marshall’s words, delivered before and then beside Earl Warren, were never met with such direct violence (though Bull Connor might have liked to oblige).

You might find interesting a little exposure to the early career of Thurgood Marshall.

Perhaps this is because even oppressive states must keep the courthouse free of bloodshed to maintain the semblance of legitimacy and righteous order. And perhaps this is also why lawyers have an affinity for the courthouse—or for the comfort of an office, or the power of a deposition room. Whether they love justice, hate injustice, or have some other motive for practicing law, lawyers embrace order of some kind. Carl Wylie may have been a self-deceiving prick, but he was right about one thing: chaos, no matter how fascinating, is anathema to the lawyer’s life.

Is that actually what he said?

Death is the ultimate chaos, unknown as it is what happens to our consciousness once our bodies die, and thus it makes sense for lawyers to avoid death, even for the causes toward which they work, for as long as possible.

 The tricky part, though, is defining the line between an aversion to risk and cowardice.

It’s hard, when I’m reading the story of John Brown or watching grainy footage of Freedom Riders enduring abuse from “genteel” Southerners, not to feel a bit ashamed that I’m not out there with them, putting my body on the line for the fundamental rights of others. A part of me envies that burning passion, such a powerful sense of purpose that I can accept the risk of death because I will have died fulfilled. But I either don’t have the capacity for that passionate purpose, or if I do, it has yet to awaken in me. So here I am at law school, learning to make change in society with words, without necessarily accepting the willing risk of death. Quite simply, I’m risk averse, and I’m more or less fine with this for now. My risk-averse decision to use words rather than force will become troublesome only when words can no longer make a difference. I worry that I will deceive myself and slip into cowardice when this moment passes, but I think I’m correct in saying that words have not yet lost all possible efficacy.

Added:
>
>
This particular opposition, between risk-aversion and the use of force rather than words, doesn't seem to make either analytic or moral sense. Perhaps more clarity about the subject actually under discussion would help.

 But am I already a coward? This is a much more serious accusation to level upon myself, and it arises out of my lack of desire to pursue the most contentious, vital issues of our time: climate change, freedom of thought, state violence against people of color. My interest lies in the entertainment industry, which is, among other things, a means of distraction and escape from the aforementioned nastiness. Can I possibly reconcile my interest in distraction, and my awareness of and subsequent inaction upon more pressing matters, with any semblance of bravery? Particularly when at least some of the appeal of the entertainment industry is knowing that I will make enough money to live comfortably and, should I have children, provide them as comparatively easy an upbringing as I had? The potential of losing that sense of security, for me, constitutes a fear that I find far more embarrassing than my unwillingness to risk death. And even though I’m not always focused upon it, I know it perpetually floats in the back of my mind like a venomous jellyfish, always capable of ensnaring and paralyzing me.

This is the psychological kabuki that every lawyer has to play—not even the public interest devotees ever possess a singular, unfractured mind—but it strikes especially hard at lawyers who take active part in industries that hurt society to some degree. And although entertainment might not be as deleterious as hedge fund management or big oil, it still represents a siren song drawing my abilities away from legal practices where I might work to protect people’s lives and most fundamental rights every day.

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 A lofty, noble goal, I hope. But does it matter if I’m driven to it, even partially, out of self-interested fear of material poverty? Even if I answered that question affirmatively—yes, Zachary, you shouldn’t feel bad about following your passion, and you’re doing helpful work!—I’d question my own sincerity. So here I am, telling my story, just as Wylie told his, hoping for confirmation that I’m less cowardly and self-duplicitous than he. I’m averse to the risk of leaving that judgment to my own flawed mind.
Added:
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Why not try a draft that says "I don't love justice, and I don't hate injustice. I like narcissists, and I'd like to be rich and comfortable hanging out with the pretty ones. I'll marry one after fucking as many as possible, and have some bratty Westwood children, and spend a fortune buffing myself and them. This is what I'm investing time, effort and money in a law degree in order to get, and I'd like to stop feeling self-doubtful about the fact that this is what I'm committing my life to"? Even if you're quite sure that's not who you are, writing it would certainly help you decide what should be put next in this space, and what it will mean to you to have done so.

 

ZachBlumyFirstEssay 1 - 10 Mar 2017 - Main.ZachBlumy
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META TOPICPARENT name="FirstEssay"

Profile In Cowardice

-- By ZachBlumy - 10 Mar 2017

At heart, every lawyer is defined, at least in part, by risk aversion.

This is particularly true if we think of lawyering as getting things done with words. Words can be risky, of course. In certain dictatorships, words can get you killed. In democratic societies, too, words can get you killed, though you’re more likely merely to be ostracized. But words are far less likely to incite force against you than is force. And even when lawyers do deliver words, even when these words are unpopular, they’re often protected by the sanctity of the courthouse. For delivering words in Selma, Alabama, John Lewis had his skull broken. Thurgood Marshall’s words, delivered before and then beside Earl Warren, were never met with such direct violence (though Bull Connor might have liked to oblige). Perhaps this is because even oppressive states must keep the courthouse free of bloodshed to maintain the semblance of legitimacy and righteous order. And perhaps this is also why lawyers have an affinity for the courthouse—or for the comfort of an office, or the power of a deposition room. Whether they love justice, hate injustice, or have some other motive for practicing law, lawyers embrace order of some kind. Carl Wylie may have been a self-deceiving prick, but he was right about one thing: chaos, no matter how fascinating, is anathema to the lawyer’s life. Death is the ultimate chaos, unknown as it is what happens to our consciousness once our bodies die, and thus it makes sense for lawyers to avoid death, even for the causes toward which they work, for as long as possible.

The tricky part, though, is defining the line between an aversion to risk and cowardice.

It’s hard, when I’m reading the story of John Brown or watching grainy footage of Freedom Riders enduring abuse from “genteel” Southerners, not to feel a bit ashamed that I’m not out there with them, putting my body on the line for the fundamental rights of others. A part of me envies that burning passion, such a powerful sense of purpose that I can accept the risk of death because I will have died fulfilled. But I either don’t have the capacity for that passionate purpose, or if I do, it has yet to awaken in me. So here I am at law school, learning to make change in society with words, without necessarily accepting the willing risk of death. Quite simply, I’m risk averse, and I’m more or less fine with this for now. My risk-averse decision to use words rather than force will become troublesome only when words can no longer make a difference. I worry that I will deceive myself and slip into cowardice when this moment passes, but I think I’m correct in saying that words have not yet lost all possible efficacy.

But am I already a coward? This is a much more serious accusation to level upon myself, and it arises out of my lack of desire to pursue the most contentious, vital issues of our time: climate change, freedom of thought, state violence against people of color. My interest lies in the entertainment industry, which is, among other things, a means of distraction and escape from the aforementioned nastiness. Can I possibly reconcile my interest in distraction, and my awareness of and subsequent inaction upon more pressing matters, with any semblance of bravery? Particularly when at least some of the appeal of the entertainment industry is knowing that I will make enough money to live comfortably and, should I have children, provide them as comparatively easy an upbringing as I had? The potential of losing that sense of security, for me, constitutes a fear that I find far more embarrassing than my unwillingness to risk death. And even though I’m not always focused upon it, I know it perpetually floats in the back of my mind like a venomous jellyfish, always capable of ensnaring and paralyzing me.

This is the psychological kabuki that every lawyer has to play—not even the public interest devotees ever possess a singular, unfractured mind—but it strikes especially hard at lawyers who take active part in industries that hurt society to some degree. And although entertainment might not be as deleterious as hedge fund management or big oil, it still represents a siren song drawing my abilities away from legal practices where I might work to protect people’s lives and most fundamental rights every day.

But try as I might, I can’t force myself, either by manufactured passion or a sense of duty, to abandon my hopes for a comfortable, fulfilling Hollywood life in favor of a more crucial arena. Perhaps this is because a major reason I came to law school was that grinding out an existence below the poverty line as a writer or musician seemed too risky. I decided that a J.D. would provide a more ideal pathway into the industry, and even as I’m confronted with seemingly better ways to use my legal knowledge, the original vision and half-baked passion behind it persist. And as cowardly as I feel for allowing financial security to have dictated many of my past and future life choices, I’m either too convinced that I’ll be personally fulfilled in entertainment or too afraid to disrupt my current state of order to change my mind. So I tell myself that I’ll use my law degree to help bring subversive art into the world, to break what Marcuse called one-dimensional thought.

A lofty, noble goal, I hope. But does it matter if I’m driven to it, even partially, out of self-interested fear of material poverty? Even if I answered that question affirmatively—yes, Zachary, you shouldn’t feel bad about following your passion, and you’re doing helpful work!—I’d question my own sincerity. So here I am, telling my story, just as Wylie told his, hoping for confirmation that I’m less cowardly and self-duplicitous than he. I’m averse to the risk of leaving that judgment to my own flawed mind.


Revision 3r3 - 01 Jun 2017 - 05:21:40 - ZachBlumy
Revision 2r2 - 06 May 2017 - 17:42:22 - EbenMoglen
Revision 1r1 - 10 Mar 2017 - 00:46:06 - ZachBlumy
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