Daily Archives: March 4, 2022

Border agents, the First Amendment, and the continued vitality of Bivens – SCOTUSblog

Posted: March 4, 2022 at 4:45 pm

CASE PREVIEW ByHoward M. Wasserman on Mar 1, 2022 at 10:24 am

Egbert v. Boule is a lawsuit seeking damages for alleged constitutional violations by a Border Patrol agent. (DCStockPhotography via Shutterstock)

The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Six Unknown Named Agents. Egbert v. Boule considers whether to extend the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada border.

Robert Boule is a U.S. citizen who owns and runs the Smugglers Inn, a bed-and-breakfast abutting the Canadian border in Blaine, Washington. The town is a reputed locus of cross-border criminal activity, and the Smugglers Inn purportedly attracts drug traffickers and people seeking to illegally cross the border.

Blaine, Washington (Arkyan via Wikipedia)

In 2014, Erik Egbert, a Customs and Border Patrol agent, approached Boule in town and asked about guests at his inn. Boule told Egbert of a guest who had flown from Turkey to New York the previous day and was flying to Washington and driving to the inn. Later that day, Egbert followed the vehicle transporting the guest onto the inns driveway and tried to speak with him. Boule sought to intervene and asked Egbert to leave his property. Egbert twice shoved Boule out of his way, pushing him to the ground. After confirming that the guest was lawfully in the country, Egbert and two other agents (who had been called to the scene when Boule confronted Egbert) left. Boule complained to Egberts superiors, after which Egbert allegedly contacted the Internal Revenue Service and state agencies, resulting in a tax audit and investigations of Boules activities.

Boule filed a Bivens lawsuit in federal district court, alleging that Egbert retaliated against him for complaining about Egberts behavior in violation of the First Amendment and used excessive force in violation of the Fourth Amendment. The district court granted summary judgment in favor of Egbert. The U.S. Court of Appeals for the 9th Circuit reversed, and the Supreme Court granted review.

Subsequent to the events giving rise to this case, Boule pleaded guilty to aiding and abetting violations of Canadian immigration law over human smuggling and was sentenced to time served.

The judicially created Bivens cause of action functions as the counterpart to 42 U.S.C. 1983, allowing suits for damages against federal officers for past constitutional violations. The Supreme Court has allowed three Bivens claims to proceed a Fourth Amendment claim against law enforcement, a Fifth Amendment due-process employment-discrimination claim, and an Eighth Amendment claim involving medical care in prison. But the court has described Bivens actions as disfavored judicial activity, rejecting recent claims in Ziglar v. Abbasi against high-level executive officials enacting post-9/11 national-security policy and in Hernandez v. Mesa against a Border Patrol agent over a cross-border shooting of a Mexican national.

Recent cases establish a two-step inquiry. First, the court asks whether the case involves an extension of Bivens into a new context that is different in a meaningful way from previous Bivens cases decided by this Court, even if that extension is modest. If the case extends Bivens into a new context, the court considers special factors that counsel hesitation about granting the extension. Central to this analysis is the presumption that Congress, not the courts, should decide whether a cause of action should be available against federal officers or on a set of facts.

Egbert begins by urging the court to categorically reject future extensions of Bivens. While the court has not closed the door to extensions, he argues that judicially created causes of action are relics of a discredited view of federal courts authority, reflected in the Supreme Courts refusal to recognize a new Bivens claim in 10 cases over 40 years. Egbert argues that courts should hesitate before granting a Bivens extension because every extension threatens the separation of powers by usurping congressional power to create private causes of action, to evaluate the far-reaching policy involved in allowing people to sue for money damages, and to make policy judgments about how best to hold federal officers accountable for constitutional misconduct. He argues that extending Bivens in this or any new context breathe[s] new life into doctrines this Court has extinguished.

If Bivens extensions remain permissible, Egbert argues that both claims in this case entail extensions into new contexts, and special factors counsel hesitation, compelling the court to reject both.

As for the First Amendment retaliation claim, the context is new because the court has never recognized a First Amendment Bivens claim, particularly not in the context of retaliation by Border Patrol agents along an international border. A host of special factors counsel hesitation. Egbert argues that retaliation claims (in which lawful action becomes unlawful if done for the wrong reason) are nebulous and amorphous, producing difficult and complex litigation. Claims against Border Patrol agents working near the border raise national-security and immigration-enforcement concerns, different from claims against other federal agents. And a plaintiff in Boules position has alternative remedies, including claims under the Privacy Act, proceedings through the IRS and federal tax code, state tort law, and federal administrative investigations. These remedies reflect congressional consideration of the best way to deter constitutional violations by federal officers, and none involves a claim for damages based on retaliation for speech.

Fourth Amendment claims are available, as Bivens itself involved a Fourth Amendment violation for unlawful search and excessive force. But Egbert argues that the context of this case involves a new class of defendants (Border Patrol agents), a new location (an area along the border), and a new enforcement scheme (the application of immigration laws to foreign nationals). Similar special factors counsel hesitation, particularly the national-security concerns arising from claims challenging enforcement of immigration laws. And Congress provided for alternative remedies, including a claim against the United States under the Federal Tort Claims Act (which Boule began but did not pursue) and complaints to the Department of Homeland Security triggering employment sanctions for the misconduct.

The United States appears as amicus and has been given argument time. Unlike Egbert, the government does not argue that courts cannot extend Bivens. But it insists that extensions are unwarranted in this case.

Like Egbert, the government emphasizes that the Court has never recognized a First Amendment Bivens claim and that this Fourth Amendment claim is meaningfully different in several respects from the claim recognized in Bivens. Egbert is a Border Patrol agent and was investigating a foreign national who might have been involved in cross-border smuggling or immigration violations. It occurred steps away from an international border in an area known for illegal smuggling of persons, drugs, and money. The government insists these facts implicate an element of national security absent in Bivens.

The government identifies a similar list of special factors counseling hesitation and compelling the court to leave to Congress the choice to create a cause of action. It highlights past failure to extend Bivens to First Amendment claims, then emphasizes the special concerns for extending to retaliation claims against law enforcement. And it identifies a series of available alternative remedies for Egberts alleged misconduct: complaints through the IRS for false reporting of tax issues, a claim under the Privacy Act for disclosure of private information, state tort claims, administrative claims through the Customs and Border Patrol, and departmental disciplinary proceedings.

Boule filed his brief under seal with the courts permission, leaving a redacted brief publicly available.

Boule emphasizes that Bivens is not dead or long-buried, extinguished, or demolished, contrary to Egberts arguments. Egberts cert petition asked the court to reconsider Bivens, but the court declined to review that issue. And Boule argues that Abbasi did not reject Bivens as a relic or retreat from all applications of Bivens. Rather, Abbasi left room for cases that are the same or trivially different from the courts prior cases.

Boule argues that is this case. The Fourth Amendment claim involves an unlawful search and seizure by a federal officer on private property, materially indistinguishable from Bivens. And this lawsuit challenges conduct by a ground-level official on U.S. soil against a U.S. citizen at his dwelling. Boule argues that this case does not involve national-security policy or the actions of an officer stationed on the border trying to prevent unlawful entry into the United States. Boule also argues that he has no alternative remedies, as the Federal Tort Claims Act does not replace Bivens and administrative procedures do not provide substantive remedies.

Without holding so, Boule argues, several cases have assumed that First Amendment claims, including First Amendment retaliation claims, are cognizable under Bivens. And the court has established that the First Amendment prohibits government officials from retaliating against persons for speaking out about government misconduct. As with the Fourth Amendment claim, this claim does not implicate separation of powers; it involves ground-level, non-policymaking conduct by an individual officer. Moreover, Egberts alleged retaliation has no nexus to the conduct of agents at the border. Rather, Boules claim involves conduct away from the border, following completion of the initial encounter, when Egbert contacted numerous agencies to investigate Boule. Boule argues that this is not the typical complicated retaliation claim in which a search, arrest, or prosecution may have been retaliatory or may have been independently justified, requiring a court to parse the officers state of mind and the line between lawful and unlawful conduct. Instead, his is a straightforward retaliation claim, in which the causal connection between Egberts animus and Boules injury is obvious and not bound in complex inquiries into causation or probable cause.

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New Zealand’s Ardern faces down frustration over pandemic curbs – Reuters.com

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WELLINGTON, March 3 (Reuters) - New Zealand Prime Minister Jacinda Ardern sought to cool simmering resentment over the slow unlocking of the country's pandemic restrictions on Thursday, a day after police cleared a weeks-long Canada-style protest outside parliament.

Police in riot gear battled protesters late into the night on Wednesday, finally bringing an end to the occupation which, despite acts of violence and extremist elements, helped rally some support for its calls to end pandemic restrictions. read more

In a special session of parliament to discuss the protest, the most violent in decades in the normally peaceful city, Ardern promised things would change, but gave no timeframe for easing curbs.

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"Our people are coming home. Soon, tourists will return. Vaccine passes, mandates, restrictions they will all change. There is reason to feel hopeful," she said.

A one-time poster child for tackling the coronavirus, New Zealand's swift response to the pandemic and its geographic isolation kept the country largely COVID-19 free until the end of last year, winning Ardern strong support. Total deaths stand at just 56.

However, anger over vaccine mandates for people working in sectors such as health and education and strict border closures have put pressure on the government to now soften its stance in line with much of the rest of the world.

"Ardern has to weave a path between acknowledging some of the government's mistakes without appearing like the protesters had a point," said Andrew Hughes from the Research School of Management at Australian National University.

"She can't be seen condoning their behaviour but she also can't be seen as tone deaf."

A Horizon Research snap poll released on Feb. 18 found 30% of those polled supported the protests and about the same percentage was opposed to Ardern's vaccine mandate policy.

Some local businesses helped fund the encampment and well known figures such as Olympic yachtsman Russell Coutts, Winston Peters, a former deputy prime minister under Ardern, and former prime minister Jim Bolger urged dialogue.

"I'm not anti-vaccine (I'm vaccinated) but I'm definitely against forced vaccinations," Coutts said in a Facebook post two weeks ago.

Ardern refused to meet the protesters, who she said had resorted to violence and bullying.

OMICRON SHIFT

The country of 5 million has a high COVID vaccination rate, with more than 95% of the eligible population double vaccinated. More than 70% of people have had a booster dose.

COVID-19 cases were restricted to fewer than 15,000 in total by end-2021 through a strict elimination approach, but the arrival of the Omicron variant has seen cases top 20,000 a day, reaching a cumulative total of nearly 150,000 on Thursday.

The government says restrictions that have frayed the public's patience are set to stay in place until at least mid-March, when the Omicron surge is expected to peak.

The saga has dented Ardern's popularity since she won a second term in a landslide election victory in 2020.

Her support fell to 35%, its lowest level since she became prime minister in 2017, according to a 1News Kantar Public poll at the end of January. However, Ardern remains preferred prime minister and her centre-left coalition government is still on course to win the next election in late 2023.

The government has made some changes to its tough stand on borders that prevented many Kiwis from returning home due to a compulsory stay in limited quarantine facilities. read more

But the border remains closed to foreigners, unlike in neighbouring Australia which relaxed curbs this month.

Ardern said last week that her cabinet may bring forward the entry of foreign tourists from the current proposed date of October, but again gave no timeframe.

"Unquestionably Ardern's elimination strategy was a massive success and saved lots of lives," said Martin Newell, a spokesman for Grounded Kiwis, representing overseas New Zealanders.

"But with Omicron the government just seems to have been mentally unprepared for a shift in its approach."

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Reporting by Praveen Menon; editing by Richard Pullin

Our Standards: The Thomson Reuters Trust Principles.

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Mike Munro: All finished for Ardern? Don’t you believe it – New Zealand Herald

Posted: at 4:44 pm

Jacinda Ardern visits a West Auckland drinks factory last month. Come election year, more voters could be smiling, too. Photo / Dean Purcell

OPINION:

The parliamentary term has run barely half its course, yet some of the Ardern Government's detractors are already speculating that it is doomed.

Not so fast, naysayers.

A year and a half can be an aeon in politics.

It is reckless to write off a Government amidst a bout of mid-term turbulence and a slump in its popularity.

In 2004, Helen Clark's Labour-led Government endured a gnarly second term as Mori anger over the foreshore and seabed issue escalated. Then with the Don Brash-led National Party on the charge over "race-based political correctness", welfare dependency and law and order tensions, Labour fell up to 10 points behind in the polls. For five months, in fact, National maintained a lead.

Yet Clark was able to rally her troops, reclaim the narrative and, aided by Brash's fumbling ineptitude, surge back to win the next election, thus securing a third term.

These are unequivocally difficult days for Jacinda Ardern's Government. The pandemic and its consequences have been tiring for everyone, especially ministers charged with making the big and critical decisions on protecting lives and livelihoods.

It certainly has been tiring for the populace. Sir Geoffrey Palmer noted in a newspaper column last week that after two years of having their freedoms restricted restrictions greater than any outside wartime "people are sick of it". Business failures, chronic labour shortages and cost-of-living increases are adding to a feeling of malaise.

Unsurprisingly, the polls have tightened and National can be expected to pull ahead of Labour in the near future even though Wednesday's police operation to disperse the deranged mob who defiled the parliamentary precinct in the name of anti-mandate protest action might yet play favourably for the Government.

4 Mar, 2022 04:00 PMQuick Read

A dip in popularity as a consequence of general pandemic-related disquiet, coupled with a range of economic headaches, need not be a terminal condition for the Government.

This is because March could be our worst month for Covid-19. Omicron cases are expected to hit a peak in the next three or four weeks. Beyond the autumn there is the prospect of better times ahead.

Of course, the possibility remains that a new variant, causing severe disease, emerges and displaces Omicron, which would necessitate more restrictions in the future. That is the big unknowable.

But in announcing this week that self-isolation requirements are being lifted, and that the end is nigh for the divisive MIQ system, the PM will have lifted the mood of many affected by border bottlenecks. Ardern has herself acknowledged that the anguish of MIQ has been real for families and their loved ones.

Presupposing that the pandemic begins to abate in the second half of 2022, the Government will go into the election year basking in the distinction of a job well done: one of the most vaccinated countries in the world, and public health measures that have worked, as evidenced by the lowest death rate from Covid-19 in the OECD.

Overall, the Government's response to the pandemic has reflected the country's inherent anxiety about the virus.

The latest Ipsos Issues Monitor, drawing on fieldwork conducted in mid-February, found that about 75per cent of respondents believed the restrictions were about right, or could have been tighter.

And nearly half (47per cent) of those surveyed by Ipsos wanted the border kept closed, with nobody allowed in or out of the country until Covid-19 was contained.

So the Government's cautious approach has been well aligned with public sentiment. That will not be forgotten by voters come election time.

There has clearly been an economic price to pay for Covid-19, as closures and labour shortages have illustrated, though macro indicators are heading in the right direction.

Tax revenue fuelled by strong GST returns is above forecast and debt levels remain well below economies with which we compare ourselves, so much so that the markets barely flutter.

The deficit remains lower than expected, despite Grant Robertson dishing out $23 billion in wage subsidies and resurgence payments to businesses over the past two years. The country is still expected to return to surplus in 2023/24, three years earlier than forecast in the May 2021 Budget.

But it is clear that economists and the populace are in two different places. In the focus groups people tend to use the likes of their hairdresser or local caf as an indicator of economic health, and so the narrative that has emerged is one of flatness and failures.

They commonly lose sight of the bigger picture namely the resilience of the New Zealand economy as reflected by the Crown's financial accounts and a buoyant export sector. This mindset can be expected to change as border restrictions are lifted and international tourists begin to arrive.

Inflation, pushed along by rising oil prices and supply chain constraints beyond New Zealand's control, had been expected to begin easing from the third quarter of 2022, but with Russia waging war in Ukraine, those hopes might've been dashed for now.

If cost-of-living pressures are weakening as election year begins, and consumer behaviour changes quickly, the Government stands to have the benefit of tailwinds in the run-up to the election.

Imagine for a moment that 2023 sees inflation cooling, farmgate milk prices still at giddy heights, overseas tourists beginning to return, Kiwi exporters cashing in on the UK Free Trade Agreement, FTA talks in Brussels striking paydirt and house prices stabilising.

Under that scenario it would be an intrepid punter who bets against the Government's re-election.

- Mike Munro is a former chief of staff for Jacinda Ardern and was chief press secretary for Helen Clark.

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Ardern’s response to Ukraine invasion is too cautious – Newsroom

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Comment

New Zealand now finds itself standing virtually alone among western countries in having applied few meaningful economic sanctions against Russia.

New Zealands initial response to Russias invasion of Ukraine has been remarkably nuanced.

In Parliament this week, Prime Minister Jacinda Ardern againcondemnedVladimir Putins attack, describing it as the blatant act of a bully brutal, intolerable, and an act of aggression.

Other party leaders largely echoed the Labour leader with the National Partys Christopher Luxon describing Putin as completely unhinged.

The strong language and condemnation may suggest that New Zealands position is indistinguishable from that of other western countries.

However, New Zealand now finds itself standing virtually alone among western countries in having applied few meaningful economic sanctions against Russia.

This week, evenJapanandSingaporefell into line with EU, UK and US-led moves to make Russians pay a heavy economic price for Putins brutal war. Both countries had been traditional hold-outs on sanctions.

But instead of immediately reintroducing a ready-to-go autonomous sanctions bill from National that Labour had previously blocked, this week Ardern said the Government was working on a bespokeRussian sanctions bill.

For Ardern, this is a typically pragmatic solution, with advice to be sought and details to be worked out in good time.

But the problem for the Government is that, globally, nuance has largely been thrown out of the window in the wests response to Russias brutal assault against its neighbour.

Shocking images of Russias bombing and destruction of Kyiv, Kharkiv and other Ukrainian cities alongside the massive influx of refugees into Poland and other EU countries have galvanised the worlds response to Ukraine in a way few would have thought possible, even just a few short weeks ago.

Rather than Arderns cautious approach, rapid decision-making and retribution are now very much the order of the day.

Across the west, countries are rushing to supply Ukraine with weapons to defend itself. From New Zealands part of the world, Australias contribution of$70 million in armsis notable.

But Germanys overnighttransformationof its foreign policy is perhaps even more instructive. In response to the invasion, German Chancellor Olaf Scholz not only scrapped the Nord Stream 2 gas pipeline between Germany and Russia itself a hugely significant and symbolic shift but is also reversing Germanys long-held ban on sending arms into foreign conflicts. Berlin will now supply Kyiv with a wide range of weapons.

Scholz is also pledging an enormous new, one-off war-chest of 100 billion (NZ$163 billion) and is committing to lifting its military budget to a minimum of 2% of GDP a huge increase on the countrys current spending level of roughly 1.5%.

After a steadydeclinefrom 3% of GDP in 1980 to a low-point of about 1.1% in 2015, New Zealands own military spending has been increasing rapidly ever since.

It currently hovers around the same 1.5% level that Germany had until Scholzs new commitment.

Could New Zealand follow Germanys lead and seek to increase its military budget even further?

Both the recently releasedIndo-Pacific Strategyof the US and New Zealands new, hawkishdefence assessmentsuggest that it may.

The two new blueprints openly identify China as a threat.

Russias sudden invasion of Ukraine may well be harnessed to emphasise the risk of geopolitical instability in Asia and the perceived need to counter this with military deterrence.

If Russias invasion of Ukraine heralds the start of a new militarisation of the world, Labours decisionlast yearto spend another $20 billion on defence could be just the beginning.

During the early Cold War period, US President Dwight Eisenhowers Cross of Ironspeechin 1953 warned of the trade-offs that higher military spending brings: Every gun that is made, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed.

In other words, the peace dividend of the post-Cold War era is now gone as geopolitical analyst Ian Bremmerpoints out.

By arming Ukraine and imposing massive economic sanctions on Russia, the west hopes that Vladimir Putin will reconsider his actions and stop the war.

Alternatively, some hope that Putin could be rolled in apalace coupthat brings a more benevolent leader to power.

But there are far less palatable endings as well.

If Russias economy collapses, it may bring about a repeat of Russias turmoil of the 1990s the ultimate outcome of which was Putins own rise to power.

Another worst-case scenario could be a war inside Russia itself.

The Russian Civil War from 1917 to 1922 still holds the Guinness World Record for being the worldscostliest civil war, with some 10 million soldiers and civilians dying from fighting, starvation and illness.

It is also worth recalling the more recent, sobering experience of the Arab Spring.

Revolutions across the Middle East in 2011 ultimately resulted in long-running, bloody civil wars in Libya, Syria and Yemen and powerful new strongmen in Egypt and Tunisia who tolerate little in the way of dissent.

As always, it is a case of being careful what you wish for.

Away from sanctions and military spending, New Zealand has some other useful options that it could tap into as a small democracy.

Using the tools of multilateralism has been one pathway.

Foreign affairs minister Nanaia MahutacondemnedRussias actions at the UN Human Rights Council in Geneva as a clear act of aggression, a blatant breach of Ukraines sovereignty.

New Zealand was also one of more than 90 countries to co-sponsor a UN General Assemblyresolutioncondemning Russias military offensive, which passed with support from 141 of 193 member states.

Moscows current disregard for diplomacy makes an intermediary role for New Zealand seem less likely in the short term, although Putins belligerence has not stoppedIsrael,Franceand evenChinafrom trying to keep dialogue alive this week.

Another area on which New Zealand could focus is the nuclear threat.

Vladimir Putin announced on Sunday that he had placed Russias nuclear forces onhigh alert.

The implicit nuclear threat also underpins therefusalby Nato and its allies to enforce the no-fly zoneover Ukraine that Ukrainian President Volodymyr Zelensky has called for.

Jacinda Ardern made no mention of the nuclear dimension in her speech to Parliament this week.

This is perhaps surprising, given that Labours adoption of a nuclear-free policy in 1984 became such a cornerstone of New Zealands identity and outlook.

Ardern declaredthat climate change was my generations nuclear-free moment during Labours 2017 election campaign.

Behind the scenes, however, this week New Zealand did sign up to ajoint statementfrom 13 countries at the UN mainly from Latin America that expressed grave concern and rejection of Putins threats.

Phil Twyford, New Zealands disarmament minister, also expressed similar sentiments in aspeechto the UN Conference on Disarmament.

Twyford called Putins nuclear threats an irresponsible and destabilising act that could bring catastrophic consequences for humanity.

In just one week, Russias invasion of Ukraine has already changed geopolitical calculations around the world.

Putin has certainly given New Zealand a lot to think about.

And this is just the start.

Geoffrey Miller is the Democracy Projects international analyst and writes on current New Zealand foreign policy and related geopolitical issues. He has lived in Germany and the Middle East and is a learner of Arabic and Russian.

This article can be republished under a Creative CommonsCC BY-ND 4.0license. Attributions should include a link to the Democracy Project.

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Jacinda Ardern reveals she forgot anniversary with Clarke Gayford on air with Jono and Ben – New Zealand Herald

Posted: at 4:43 pm

Lifestyle

1 Mar, 2022 07:15 PM2 minutes to read

Jacinda Ardern reveals she forgot her and Clarke Gayford's anniversary. Video / The Hits

We've all forgotten important dates before - and Prime Minister Jacinda Ardern is no exception.

The PM has quite the to-do list each day, and sometimes important things get left off the list, she revealed on The Hits Breakfast this morning to hosts Jono Pryor and Ben Boyce.

The hosts asked her if, with everything she has to remember, she occasionally forgets things - and admitted she recently forgot a very important date.

"I forgot our anniversary," she said on air this morning.

"I did ... Clarke sent me a message just as I was going into a Cabinet committee."

"I just had to own it. There was no wriggling out of it, there was no backup, it was all on me."

It's not the first time the PM's busy schedule has had an impact on her personal life.

When the Omicron outbreak first hit this year, she was forced to postpone her wedding, which was rumoured to be taking place in late January in Gisborne.

Ardern called off her wedding to partner Clarke Gayford as the country prepared to move to the red traffic light setting on January 23.

"When it comes to events, whether it's a birthday or a wedding or any kind of event of that nature, gathering limits of 100 do come in with the red light setting at 11.59pm tonight," Ardern said.

"As for mine, my wedding won't be going ahead but I just join many other New Zealanders who have had an experience like that as a result of the pandemic. And to anyone caught up in that scenario, I am so sorry, but we are all so resilient and I know we understand we are doing this for one another and it will help us carry on."

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Federal designation goes to millions of Southern Indiana acres – Evening News and Tribune

Posted: at 4:42 pm

SOUTHERN INDIANA It's a title that Southern Indiana shares with only nine other regions nationwide.

Earlier this year more the 3.5 million acres near military installations Naval Support Activity Crane, Lake Glendora Test Facility, Atterbury Muscatatuck Training Center and the Indiana Air Range Complex earned the Sentinel Landscape designation.

This means the lands around these locations, often used as buffers between the facilities and civilian life, will be protected.

The Conservation Law Center at the Indiana University Maurer School of Law in Bloomington will help to manage this designation.

It took about six months to work on the application for these lands, saidAndrea Lutz, Conservation Law Center Director of Advancement.

"It's an interesting thing to have the Department of Defense partnered in conservation," Lutz said. "The military manages so much land in our country, they're a big part of conservation people don't think about."

The Department of Defense, U.S. Department of Agriculture and the Department of the Interior are all part of the project. In addition to Indiana, officials chose lands in Florida and Texas to be part of the program.

"(We were) putting together the application, pulling together a plan and showing the federal Department of Defense, 'Listen we are serious about conservation and we are serious about your mission as well,'" she said. "We can work together to make this a really impactful thing for the state."

The Conservation Law Center is part of IU Bloomington, and Lutz said it's a pro bono law firm that helps conservation organizations statewide.

"Like a land trust in Indiana (for example)," she said. "As a non-profit it's expensive, so we supply that legal advice and support free of charge."

The CLC is interested in making sure land can be conserved across Indiana and often, she said, it's only conserved in pieces and parcels, like a park or nature preserve. The Sentinel Landscape connects these kinds of areas.

This designation will allow the maintenance of healthy forests and saving of habitats for wildlife. Two of those animals are the endangered Indiana bat and threatened northern long-eared bat. Partners will also work on protecting local rivers and watersheds.

Lutz said a major goal of this project is also to support agricultural land in Indiana. The group is still working on the ins-and-outs of the designation.

"This is not something where we are looking to change how people use land without their buy-in or without their interest," she said.

Ideas about conservation have changed since the law center opened in 2005.

"I think back in the day, 40 years ago, people thought conservation was more liberal," she said. "They wanted to put kind of a political stamp on it. We are not a political organization whatsoever. We are looking to have cleaner water, more conservation and to save endangered species."

Conservation Law Center Executive Director Christian Freitag said in news release that this is one of the biggest conservation projects of all time in Indiana.

"This is a tremendous opportunity for farmers, forest owners and other private landowners to gain even greater access to existing federal land management programs," he said.

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Opinion | The Week That Awoke the World – The New York Times

Posted: at 4:42 pm

Theyve reminded us that you can believe things with greater and lesser intensity, faintly, with words, or deeply and fervently, with a conviction in your bones. Theyve reminded us how much the events of the past few years have conspired to weaken our faith in ourselves. Theyve reminded us how the setbacks and humiliations (Donald Trump, Afghanistan, racial injustice, political dysfunction) have caused us to doubt and be passive about the gospel of democracy. But despite all our failings the gospel is still glowingly true.

This has been a week of restored faith. In what exactly? Well, in the first place, in leadership. Weve seen so many leadership failures of late, but over the past week Volodymyr Zelensky emerged as the everyman leader the guy in the T-shirt, the Jewish comedian, the guy who didnt flee but knew what to say: I need ammunition, not a ride.

It wasnt only Zelensky. Joe Biden masterly and humbly helped organize a global coalition. Chancellor Olaf Scholz of Germany understood the moment. So did Emmanuel Macron of France and Fumio Kishida of Japan. Across governments, businesses and the arts, we were well led this week.

Theres been restored faith in true patriotism. Over the past few years, weve seen so much sour ethnonationalism from the right, an angry and xenophobic form of patriotism. From the left weve seen a disdain of patriotism, from people who vaguely support abstract national ideals while showing limited gratitude toward ones own inheritance; people who rightly focus on national crimes but while slighting national achievements. Some elites, meanwhile, have drifted into a soulless globalism, an effort to rise above nations into an ethereal multilateral stratosphere.

But the Ukrainians have shown us how the right kind of patriotism is ennobling, a source of meaning and a reason to risk life. Theyve shown us that the love of a particular place, their own land and people, warts and all, can be part and parcel of a love for universal ideals, like democracy, liberalism and freedom.

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Economic Ties Among Nations Spur Peace. Or Do They? – The New York Times

Posted: at 4:42 pm

Russias war in Ukraine is not only reshaping the strategic and political order in Europe, it is also upending long-held assumptions about the intricate connections that are a signature of the global economy.

Millions of times a day, far-flung exchanges of money and goods crisscross land borders and oceans, creating enormous wealth, however unequally distributed. But those connections have also exposed economies to financial upheaval and crippling shortages when the flows are interrupted.

The snarled supply lines and shortfalls caused by the pandemic created a wide awareness of these vulnerabilities. Now, the invasion has delivered a bracing new spur to governments in Europe and elsewhere to reassess how to balance the desire for efficiency and growth with the need for self-sufficiency and national security.

And it is calling into question a tenet of liberal capitalism that shared economic interests help prevent military conflicts.

It is an idea that stretches back over the centuries and has been endorsed by romantic idealists and steely realists. The philosophers John Stuart Mill and Immanuel Kant wrote about it in treatises. The British politicians Richard Cobden and John Bright invoked it in the 19th century to repeal the protectionist Corn Laws, the tariffs and restrictions imposed on imported grains that shielded landowners from competition and stifled free trade.

Later, Norman Angell was awarded the Nobel Peace Prize for writing that world leaders were under A Great Illusion that armed conflict and conquest would bring greater wealth. During the Cold War, it was an element of the rationale for dtente with the Soviet Union to, as Henry Kissinger said, create links that will provide incentive for moderation.

Since the disintegration of the Soviet Union three decades ago, the idea that economic ties can help prevent conflict has partly guided the policies toward Russia by Germany, Italy and several other European nations.

Today, Russia is the worlds largest exporter of oil and wheat. The European Union was its biggest trading partner, receiving 40 percent of its natural gas, 25 percent of its oil and a hefty portion of its coal from Russia. Russia also supplies other countries with raw materials like palladium, titanium, neon and aluminum that are used in everything from semiconductors to car manufacturing.

Just last summer, Russian, British, French and German gas companies completed a decade-long, $11 billion project to build a direct pipeline, Nord Stream 2, that was awaiting approval from a German regulator. But Germany halted certification of the pipeline after Russia recognized two separatist regions in Ukraine.

From the start, part of Germanys argument for the pipeline the second to connect Russia and Germany was that it would more closely align Russias interests with Europes. Germany also built its climate policy around Russian oil and gas, assuming it would provide energy as Germany developed more renewable sources and closed its nuclear power plants.

Benefits ran both ways. Globalization rescued Russia from a financial meltdown and staggering inflation in 1998 and ultimately smoothed the way for the rise to power of Vladimir V. Putin, Russias president. Money earned from energy exports accounted for a quarter of Russias gross domestic product last year.

Critics of Nord Stream 2, particularly in the United States and Eastern Europe, warned that increasing reliance on Russian energy would give it too much leverage, a point that President Ronald Reagan made 40 years earlier to block a previous pipeline. Europeans were still under an illusion, the argument went, only this time it was that economic ties would prevent baldfaced aggression.

Still, more recently, those economic ties contributed to skepticism that Russia would launch an all-out attack on Ukraine in defiance of its major trading partners.

In the weeks leading up to the invasion, many European leaders demurred from joining what they viewed as the United States overhyped warnings. One by one, French President Emmanuel Macron, German Chancellor Olaf Scholz and Italian Prime Minister Mario Draghi talked or met with Mr. Putin, hopeful that a diplomatic settlement would prevail.

There are good reasons for the European Union to believe that economic ties would bind potential combatants more closely together, said Richard Haass, president of the Council on Foreign Relations. The proof was the European Union itself. The organizations roots go back to the creation after World War II of the European Coal and Steel Community, a pact among six nations meant to avert conflict by pooling control of these two essential commodities.

The idea was that if you knit together the French and German economies, they wouldnt be able to go to war, Mr. Haass said. The aim was to prevent World War III.

Scholars have attempted to prove that the theory worked in the real world studying tens of thousands of trade relations and military conflicts over several decades and have come to different conclusions.

Gas supplies. Europe gets nearly 40 percent of its natural gas from Russia, and it is likely to be walloped with higher heating bills. Natural gas reserves are running low, and European leaders have accused Russias president, Vladimir V. Putin, of reducing supplies to gain a political edge.

Shortages of essential metals. The price of palladium, used in automotive exhaust systems and mobile phones, has been soaring amid fears that Russia, the worlds largest exporter of the metal, could be cut off from global markets. The price of nickel, another key Russian export, has also been rising.

Financial turmoil. Global banks are bracing for the effects of sanctionsintended to restrict Russias access to foreign capital and limit its ability to process payments in dollars, euros and other currencies crucial for trade. Banks are also on alert for retaliatory cyberattacks by Russia.

In terms of the current crisis, Mr. Haass argued, in some ways the economic benefits were not mutual enough. The Germans needed Russian gas much more than Russia needs exports, because they can make up for lost revenue with higher prices, he said.

Thats where Europe handled the relationship all wrong, Mr. Haass added. The leverage wasnt reciprocal.

Despite its huge land mass, nuclear arsenal and energy exports, Russia is otherwise relatively insulated from the global economy, accounting for 1.7 percent of global output. And since Russias invasion of Crimea in 2014, Mr. Putin has moved to isolate the economy even more to protect against retaliation.

Adam Posen, president of the Peterson Institute for International Economics, said that the willingness to impose such devastating sanctions against Russia may point to the flaw in that strategy. If Russias financial system was more integrated with those of the allies, they might have been more hesitant to take measures that could provoke a financial crisis.

At the moment, economic relations with Russia are running on parallel tracks. Countries opposed to Russias invasion of Ukraine have imposed a series of damaging financial and trade sanctions, yet Russian oil and gas exempted from the bans are still flowing.

The reality is economic interdependence can breed insecurity as well as mutual benefits, particularly when the relationship is lopsided.

Philippe Martin, the dean of the School of Public Affairs at SciencesPo in Paris, said that the 2014 agreement between Ukraine and the European Union may have marked a turning point for Russia. That translated into more trade with the E.U. and less with Russa, he said.

Mr. Martin has written skeptically that economic ties promote peace, arguing that countries open to global trade can be less worried about picking a fight with a single nation because they have diverse trading partners.

In the case of Russias march toward Kyiv, though, he offered two possible explanations. One is that no one including the European leaders who imposed them expected such crippling sanctions.

I think that Putin miscalculated and was surprised by the harshness of the sanctions, Mr. Martin said. The second interpretation is that Putin does not care about the impact that sanctions are having on the welfare of most Russians.

Which does he think is correct? I think both interpretations are valid, he said.

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Liberal internationalism gets its wake-up call – The Week

Posted: at 4:42 pm

March 3, 2022

March 3, 2022

One of the many things that Russian President Vladimir Putin did not expect when he launched his gratuitously stupid invasion of Ukraine was international resolve. After all, from the genocide against Uyghurs in China to the devastating civil wars in Syria and Yemen, the international community has proven unwilling or unable to consistently come to the aid of innocent civilians facing violence and displacement.

But in having his forces beeline for the Ukrainian capital of Kyiv last week, Putin stumbled headlong into one principle that global leaders appear willing to fight for: state sovereignty.

The reaction to Russia's aggression has been swift and overwhelming. The U.S. and its allies moved to cut Russia out of the international banking system and freeze critical assets overseas. European countries closed their airspace to Russian traffic and fell over one another in the rush to provide both lethal and non-lethal aid to Ukraine including Finland, which had maintained its alliance neutrality for decades. Germany announced a major increase in defense spending, and NATO moved to reposition forces in Eastern Europe, both as a show of solidarity with Ukraine and as a warning in the highly unlikely event that Putin is tempted to continue West.

Despite the creeping authoritarianism on the American right, supermajorities of the American people expressed disapproval of Russia's actions, proving that not every issue can be immediately polarized along partisan lines by the Fox News propaganda machine. The gallantry of Ukrainian President Volodymyr Zelensky, who was offered evacuation by the United States but decided to stay with his people in Kyiv, has surely played a role in galvanizing Ukrainian resistance as well as international support. At this point, there is no way that Putin will not end up paying far more than he will gain with this ill-advised provocation, including possibly his hold on power in Russia.

But it is clear what principle is driving this across-the-board pushback, and that is the right of states to be secure within their own borders. What is happening to the Ukrainian people today, while tragic and harrowing, is not experientially different than what Syrians and Yemenis have endured in recent years, or what is transpiring in Ethiopia today. While outside actors may be involved in these conflicts, they are civil wars, and the external patrons of various factions do not have designs on permanent occupation or annexation of territory.

My colleague Samuel Goldman wrote that the Russian invasion of Ukraine heralds "a decisive end to the era" of rules-based internationalism. If it leads to a period of widespread and successful territorial land-grabs and interstate wars launched by revisionist powers, he might be right. But there's another way of looking at it. The liberal international order, after all, was never capable of preventing territorial aggression altogether. But since the Second World War, there has been a consensus that this aggression is wrong. Whether force or even economic statecraft was used to roll back territorial gains always depended on the relative balance of power between norm-enforcers and aggressors.

What hasn't really changed is the normative principle that interstate war should not happen. The U.S. felt the wrath of global condemnation with its outrageous and self-defeating invasion of Iraq in 2003 just as the Soviet Union did in 1968 when Leonid Brezhnev ordered the invasion of Czechoslovakia to crush the Prague Spring reform movement. That neither was meaningfully punished for their actions says less about the global acceptance of the principle of state sovereignty and more about the overwhelming power asymmetries that allow the strongest states to violate international law.

What would herald the true end of the liberal international order would be global indifference to interstate aggression. And that's not what we see here. On the contrary, Putin's reckless invasion andbarbaric siege of major Ukrainian cities have created a global sense of indignity, forcing even governments that are very reluctant to tussle with Moscow to get off the fence. Only the cold reality of Russia's nuclear arsenal is preventing NATO from intervening to rescue Ukrainian democracy, but other punitive measures are being thrown against the wall to make the costs to Russia as steep as possible.

Ironically, the sanctity of sovereignty has long been a cherished principle for Russia. After all, it was Putin himself who declared in 2008 that the NATO-led creation of an independent Kosovo carved out of Serbia "will de facto blow apart the whole system of international relations, developed not over decades, but over centuries." He then added ominously, "At the end of the day it is a two-ended stick and the second end will come back and hit them in the face." Later that year, Russia went to war with Georgia, a development that would mark the beginning of a new phase of Russian expansionism.

Putin calculated that because he paid no major price for annexing Crimea in 2014, the global community neither cared much about Ukraine nor would do much of anything to oppose Russian efforts to claw back territory from non-NATO states on Moscow's periphery. But it seems more likely that world leaders mistakenly believed he would stop there. The move from piecemeal dismemberment of Ukraine to total obliteration triggered a normative tripwire that finally alerted the democratic world to the gathering menace of Russian revanchism and the broader phenomenon of authoritarianism on the march.

But Putin clearly misjudged the international community's commitment to sovereignty as a going concern. It is one thing to implicitly accept that there is insufficient resolve to intervene in every civil conflict that erupts around the world; it is quite another to stand aside and watch one U.N. member state get gobbled up by another without even the flimsiest pretext.

Giving real teeth to the principle of sovereignty was perhaps the most important piece of the effort to prevent another calamitous world war driven by the imperial ambitions of expansionist countries. And while effectively freezing borders has led to a great deal of subnational conflict, it has largely succeeded in making it more or less unthinkable for a state to embark on a campaign of subjugating neighbors by force as part of a project of regional or continental domination.

Whether the punitive measures that have been put into place will succeed in restoring Ukraine's democracy and frontiers is an open question. But the imposition of harsh sanctions and other restrictions on a country as powerful as Russia, even with the potential for significant economic blowback, is actually a sign that liberal internationalism is far from dead. In fact, this might be a wake-up call for prosperous democracies: If the long post-war peace is not to be seen as a historical aberration, it must be fought for rather than taken for granted.

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ASU alum’s lyrical novel explores a time of revolution in Ukraine – ASU News Now

Posted: at 4:42 pm

March 3, 2022

Sometimes fiction can illuminate a real-life topic better than nonfiction.

That's the reason Book Riot gave for including anArizona State University alumna's novel about Ukraine as part of its list posted earlier this week of "Books for understanding Russia's invasion of Ukraine."Kalani Pickhart's lyrical "I Will Die in a Foreign Land," published this past October, was the only fiction entry on the list.

The novel takes place during the Euromaidan protests in Kyiv, which began in late 2013 and stretched into 2014, when hundreds of thousands of Ukrainians protested against then-President Viktor Yanukovych's decision not to sign a referendum with the European Union, choosing instead to build closer ties with Russia. The demonstrations and civil unrest would widen to encompass more rights and corruption issues. By the end of summer 2014, hundreds of civilians and dozens of police officers had been killed,Yanukovych fled the country, a new president was elected, Russia seized the parliament of Crimea, and Malaysian Airlines Flight 17 was shot downIn September 2016, an international team of criminal investigators said evidence showed the Buk missile had been brought in from Russian territory and was fired from a field controlled by Russian-backed separatists. Russia has denied any role. while flying over eastern Ukraine, killing all 298 aboard.

All of that is covered in a three-page timeline at the start of the book.

The rest of the novel follows more slowly and more personally the lives of four people whose paths intersect over the course of those protests and the months that followed a Ukrainian-born doctor adopted by U.S. parents who returns to help at a makeshift medical clinic; a former KGB agent; a mining engineer whose life was forever altered by the Chernobyl meltdown; and a young activist who finds both love and grief.

The story dips in and out of their individual stories, interspering those chapters with lists of the dead, folk-song lamentations based on the traditional kobzari, wandering Ukrainian bards news reports and transcripts of cassette recordings. All the pieces add up to a novel that has garnered praise from a range of sources, from a starred review in Kirkus to a recommendation by a Washingon Post critic.

Pickhart has a number of ties to ASU: She finished her Master of Fine Arts with the Department of English in 2019. Afirst-generation college student, she also earned a bachelor's degree in English literature from ASU in 2009 and was a Barrett, The Honors College student. Now she works as a coordinator at the Design School, part of the Herberger Institute for Design and the Arts.

She spoke with ASU News about the inspiration behind her novel and how it came about.

Question: What first drew you to this nation and its history? What was your aha moment when you knew this was the story you wanted to tell?

Kalani Pickhart

Answer: As many people around the world are now witnessing, Ukrainians are tough people. They arent mincing words or actions with the Russian president and invaders.I watched a documentary about the 2014 protests in Kyiv called "Winter on Fire: Ukraines Fight for Democracy," and I was simultaneously in my first semester in grad school, in a novel-writing course taught by Matt Bell. I was really moved by the story, and the sheer grit and fighting spirit Ukrainians have as a nation.

The moment I knew I wanted to write the book was the ringing of the bells at St. Michaels Golden-Domed Monastery in Kyiv: The last time all the bells had been rung, it was during the invasion of Kyiv from the Mongols in AD 1240 in order to warn the people of the attack. I found it especially heavy that they were being rung in 2013 against their own police force. There was something there I couldnt shake.

Q: What kind of research and travel went into writing this book?

A: A lot! Because Im not Ukrainian, I felt an immense responsibility to tell the story compassionately and accurately it also became clear very quickly that even though I was writing a story that took place in 20132014, there was a ton of history that led to that particular protest, so I was doing a lot of reading to try to understand the context of the moment. Meanwhile, we were reading about two novels a week at the time, so a lot of ideas on how to write the book came from a few choice authors, with the most obvious being Milan Kunderas "Unbearable Lightness of Being." I was fortunate to have this confluence of both logistical research and artistic influence it helped me get a quick, bare-bones draft at the end of my first semester of graduate school.

I went to Kyiv and Prague on research and language fellowships the summer of 2018: one from the Melikian Centers Critical Languages Institute through the U.S. Department of State, and the other from the Virginia G. Piper Center for Creative Writing. I took eight intense weeks of Ukrainian easily the most difficult courses Ive ever taken and immediately left for Europe afterward. At one time, my Ukrainian wasnt too bad! But I have certainly, regrettably, lost a lot of it now.

Q: Your book begins with a timeline of the events that were part of the Euromaidan demonstrations and unrest in late 2013 and into 2014. Why did you decide to start a historical fiction book this way?

A: This was a conversation I had with my publisher, Two Dollar Radio. I had originally made a timeline when drafting the book but removed it when I was sending it out to publishers and agents. I owe a lot of credit to Eric and Eliza (Obenauf, the husband-and-wife team that runs Two Dollar Radio) for thinking critically about this book we decided a general timeline and a map would be helpful for American readers, especially since theres a lot of movement. The timeline helps provide some more straightforward context that the kobzari and journalists touch on here and there.

The map was something my dad wanted, actually. He told me after reading it that it could use one because he wanted to be able to have a simple frame of reference since he didnt know anything about it. Im glad we included it he was right. Its strange right now seeing maps of Ukraine every day, everywhere. I check one every day on the movement of Russian troops. Its surreal and incredibly sad.

Q: The structure of the book not strictly chronological, with chapters of the four main characters action interspersed with news reports, lists of the dead and the lamentations of the kobzari is unusual, and quite lyrical. It forms a tapestry of the story, rather than a strict timeline such as you put at the start of the book. What were your goals/thoughts in structuring it this way?

A: So, I mentioned that as I was doing research on this particular protest, I quickly realized that I was uncovering a long, intense historical context. I felt that in order for a reader to understand why these protests were so important, it was critical to provide that context so they realized what was at stake. Practically speaking, I didnt want to have the people in the book Katya, Misha and Slava bogged down with that responsibility. There was no way to do it without it feeling heavy-handed or awkward. The kobzari sections and articles help fill in that context in a way that felt more natural this omniscient and third-person perspective that knows more than the perspective characters do.

Q: You weave the history and effects of Chernobyl into some of the characters stories. How important is it to include Chernobyl in any story of Ukraine?

A: Chernobyl is a word that I think most people recognize, so I wanted to be careful with it. I didnt initially seek to include Chernobyl in the book because I was afraid it would be too much of a kitchen sink book with everything significant in Ukrainian history. Everything needed to be intentional.

When I was learned about the old generation of survivors who did not leave their homes despite the radiation, the samoselyResidents of the roughly 20-mile Chernobyl Exclusion Zone surrounding the most heavily contaminated areas near the Chernobyl Nuclear Power Plant., things changed. The research for this book was really geared toward understanding the Ukrainian psyche as much as I could, and the particular fact about Pripyats samosley population organically reflected this protectiveness over home and the land of Ukraine that I was seeing pop up again and again through my studies. Ukrainians had been murdered by the millions because Stalin wanted their land, for example. There are a number of Ukrainian poems and laments from soldiers missing their villages while fighting for the Russian Empire the significance of home and identifying as Ukrainian is profound.

The other reason I included Chernobyl was the fact of the negative influence of the USSR and the lasting effects of one of the largest environmental disasters in human history under ineffective and corrupt leadership. In 201314, Ukrainians were still trying to shake that Soviet influence and had been both literally and figuratively cleaning up for decades. You feel that significance in the novel even though its not blatantly stated.

There are many ways people can donate to help Ukrainians displaced and in need during the current conflict. Pickhart highlighted these groups:

Top photo: Protests in Kyiv, Ukraine, on Feb. 18, 2014, when Ukrainian police used tear gas, grenades and live and rubber ammunition on Euromaidan protesters in Independence Square, or Maidan Nezalezhnosti. More than 100 civilians and a dozen police officers were killed over the course of several days. Photo byVadven/iStock

News director , Media Relations and Strategic Communications

480-965-9689 penny.walker@asu.edu

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ASU alum's lyrical novel explores a time of revolution in Ukraine - ASU News Now

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