Law School

The Law School of America

The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.

  1. Contracts & Sales Day 6: The Outsiders — Third-Party Beneficiaries, Assignments, and Delegations

    19時間前

    Contracts & Sales Day 6: The Outsiders — Third-Party Beneficiaries, Assignments, and Delegations

    Review Guide: The Outsiders In this episode, we break down how outsiders—people who never signed the original deal—can still acquire enforceable rights or obligations through various legal mechanisms. Whether you're a law student preparing for exams or a legal practitioner navigating modern contractual landscapes, understanding these core principles is essential. Most legal principles in contracts have a simple core—until the modern economy throws a wrench into the works. What happens when someone who never signed a deal ends up with the right to sue or the obligation to perform? In this episode, we demolish the outdated wall of privity and dive into the three pillars that shape outsiders’ rights: third party beneficiaries, assignments, and delegations. You’ll discover how the law now recognizes third parties as part of the original contract if they’re present at formation, emphasizing the crucial difference between intended and incidental beneficiaries. We’ll break down the key concepts like vesting—when rights lock in—and the subtle, highly-tested distinction between creditor and donee beneficiaries, illustrated through landmark cases like Lawrence v. Fox and Siever v. Ransom. Learn how courts determine whether outsiders can enforce promises, and why even a straightforward gift—like a life insurance policy—gives a third party direct legal standing. Then, we shift gears to post-formation transfers: how rights are assigned (transferring the prize) and duties delegated (passing the homework). You’ll get clear frameworks for identifying valid assignments—highlighting the UCC’s special rules that override typical contract limits for commercial transactions—and how notice affects obligation. Delegation mechanics are also demystified: why delegating a duty doesn’t mean escaping liability, and how novations—an explicit, three-party agreement—can set a delegation aside altogether. This episode explores the tightrope walk between facilitating free commerce and safeguarding original contractual expectations. Whether it’s a novice law student or a seasoned practitioner grappling with AI and smart contracts, these insights will sharpen your understanding of how outsiders gain enforceable rights in our complex legal ecosystem. Finish with a mental checklist to decode multi-party contract puzzles — because in the real world, relationships are messier than any textbook. Perfect for anyone preparing for exams or navigating the modern legal landscape, this episode unlocks the core principles that turn chaos into clarity and legal theory into practical mastery. The future of contracts hinges on mastering how outsiders fit into the picture—and this is your essential guide. Key topics: The fundamental difference between intended and incidental beneficiaries How rights vest and the significance of timing and reliance The three pillars: third-party beneficiaries, assignments, and delegations How contracts can be transferred after formation—practical rules and exceptions The liability implications of delegation, including novation The crucial role of notice in assignment of rights The UCC’s impact on the enforceability of contractual prohibitions The distinction between assignment of the prize and delegation of duties Common exam traps involving ambiguous language and how courts interpret vague assignments A comprehensive diagnostic workflow for analyzing complex multi-party contract scenarios

    58分
  2. Contracts & Sales Day 5: The Price of the Broken Promise — Remedies

    1日前

    Contracts & Sales Day 5: The Price of the Broken Promise — Remedies

    Review Guide: The Price of the Broken Promise Understanding Contract Damages: Expectations, Limitations, and Remedies This episode provides a comprehensive breakdown of the financial and equitable remedies in contract law, illustrating how courts approach broken promises through a logical, mathematical lens. Whether you're preparing for exams or trying to intuitively grasp the purpose of damages, this guide clarifies core principles, barriers, and strategies to analyze a breach case effectively. Most contract breaches are not moral failures—they're calculated economic decisions. But how exactly does the law quantify what a broken promise is really worth? If you’ve ever felt lost trying to figure out damages after a deal falls apart, this episode will fundamentally change how you see contractual remedies. We unravel the complex mathematics behind expectation, reliance, and restitution damages, revealing the legal system’s core logic for assigning monetary value to broken promises. You’ll discover how courts preserve transactional stability by projecting the expected future when calculations are clear, and how they revert to past expenses when future profits are too murky. We break down the infamous Hadley v. Baxendale case, illustrating why foreseeability is the ultimate gatekeeper for downstream damages, and explore the three major hurdles—certainty, foreseeability, and mitigation—that every litigant must clear to secure relief. Whether it’s the UCC’s straightforward formulas for goods or the rare but powerful tool of specific performance for land and unique items, this episode gives you a toolkit for any contract dispute. Most importantly, you’ll learn why contract law avoids emotional damages altogether and how equitable remedies like injunctions can prevent unjust enrichment, all while emphasizing that modern law's focus is on efficiency—not morality. By the end, you’ll see contracts not as moral vows but as carefully calibrated options—transactions designed to optimize economic outcomes. This episode is perfect for students, lawyers, or anyone eager to understand how law simplifies the complex calculus of human promises into precise, predictable dollars. Prepare to think differently about what a broken contract really costs—and how the law ensures your future expectations can still come true. Key Topics: The fundamental goal of contract damages: expectation versus reliance and restitution The mathematical formulas for expectation damages and their practical application How courts handle murky, speculative, or complex damages through certainty, foreseeability, and mitigation The hierarchy and distinctions among expectation, reliance, and restitution interests The role of specific performance and injunctions for unique or irreplaceable items Legal boundaries on emotional distress claims and personal service contracts The detailed operation of the UCC's expectation damages for sale of goods, including lost volume seller and resale rules Conditions under which liquidated damages clauses are enforceable versus penalties The innovative embedded option theory viewing contracts as flexible financial choices rather than moral obligations

    52分
  3. Contracts & Sales Day 4: The Performance Engine — Conditions, Breach, and Excuses

    2日前

    Contracts & Sales Day 4: The Performance Engine — Conditions, Breach, and Excuses

    Review Guide: The Performance Engine Mastering Contract Performance: Key Principles and Pitfalls Most contract disputes come down to a single moment: performance. But what if you’re called to perform and the universe throws a curveball? Or your partner might just decide it's no longer worth it? If you’ve ever wondered how courts decide whether a party can delay, excuse, or even avoid performance altogether, this episode unpacks the mechanics behind the performance engine. Imagine a 1615 case where a man keeps a cow but still sues to get paid—an ancient absurdity that hints at the deeper truths of contractual obligations. Here, we explore how the law’s historic obsession with literal promises gives way to nuanced doctrines like conditions, standards of performance, breach, and excuse. You’ll learn how “conditions” act as legal “if-then” triggers for duties—whether they happen before, at the same time, or after performance. We break down the critical differences between express and implied conditions, illustrating why courts enforce express clauses strictly, while implied conditions fill the gaps with fairness. Then, we dive into the two main regimes—common law and the Uniform Commercial Code—that shape what quality of performance you need to meet. Under common law, substantial performance is enough—think: a few minor errors in a house build that still get the job done. In contrast, the UCC’s perfect tender rule demands exact conformance, but with powerful safety valves like the right to cure and installment contracts. You’ll discover why understanding these standards can prevent costly missteps in both law school exams and real-world negotiations. But the real magic unfolds when breaches happen. Not all breaches are created equal—minor deviations often just mean damages, while material breaches can blow up entire deals. We unpack five key factors—deprivation, forfeiture, opportunity to cure, good faith—to identify when a breach crosses into “material.” Crucially, we highlight the trap where refusing to pay over a tiny defect can turn into a huge liability. Knowing the difference between minor slip-ups and fundamental failures keeps you from shooting yourself in the foot. When unforeseen superstorms hit, the law offers emergency exits: impossibility, impracticality, and frustration of purpose. We explore how a music hall burning down in 1863 set the modern standard of impossibility—no one must be held liable for acts of God. Moving into modern risks, we analyze why only truly extraordinary circumstances—wars, natural disasters, or government bans—excuse performance, while general cost hikes or lost profits do not. We also discuss how courts narrowly apply doctrines like impracticality, emphasizing that risk-shifting clauses or simple economic hardship won’t get you out of a bad deal. A particularly tricky area is “frustration of purpose,” where a supervening event renders the entire reason for the contract impossible or pointless—think renting a balcony to watch a parade that gets canceled. We examine the precise limits of this doctrine, warning against overuse in exam scenarios or business plans. Only when both parties understand and mutually rely on a specific purpose, and that purpose is wiped out unexpectedly, can performance be excused. Finally, we layer all insights into a straightforward, step-by-step exam checklist that you can carry into the test or the boardroom. From identifying conditions, choosing the right performance standards, analyzing breach severity, to spotting legal excuses—this framework distills decades of legal doctrine into an actionable tool. We emphasize that strict rule enforcement isn’t about harshness but about fairness—ensuring both sides uphold their promises or properly excuse non-performance. This episode pushes beyond theory, asking: when does the law intervene to soften the strict rules in pursuit of justice? As courts historically developed doctrines like constructive conditions, right to cu

    1時間13分
  4. Contracts & Sales Day 3: The Paper Shield — Interpretation, the Parol Evidence Rule, and UCC Warranties

    3日前

    Contracts & Sales Day 3: The Paper Shield — Interpretation, the Parol Evidence Rule, and UCC Warranties

    Review Guide: The Paper Shield Navigating Contract Law’s Paper Shield: A Deep Dive into Evidence, Integration, and Warranties Contracts are more than just signatures on a page; they are complex legal architectures designed to protect parties and ensure clarity. In this episode, we unravel the layered rules that courts use to interpret written agreements, focusing on the powerful paper shield of the parole evidence rule and its exceptions. Whether you're a lawyer, law student, or simply curious about how legal deals are enforced, this breakdown offers clear insights into the rules that keep commercial and personal promises predictable and fair. Most commercial contracts hold tremendous power — until human disputes, ambiguous language, or sneaky negotiations threaten to tear them apart. When the paper says one thing but human intent screams another, how do courts decide what really counts? This episode uncovers the fascinating legal mechanisms that safeguard written promises and the clever exceptions that punch through these shields when justice demands it. We dive deep into the core of contract law’s greatest safeguard: the parole evidence rule, revealing why it’s often mistaken as a rule of evidence rather than a rule that defines what a contract is. You’ll discover how “integration”—total and partial—determines whether outside words or past negotiations can rewrite your deal. Through real-world examples like Mrs. Mitchell’s farm fiasco and the peerless ships of 1864, you’ll see how courts handle ambiguous terms, trade customs, and complex negotiations, all in the quest for contractual certainty. We break down the hierarchy of interpretive tools—words, performance, past dealings, and industry customs—showing you how courts translate collective industry language into legal meaning. You’ll learn why a simple merger clause is the ultimate lock and how mistaken assumptions about “finality” can overturn entire deals. Plus, we reveal the powerful exceptions—fraud, mistake, conditions, and ambiguous terms—that carve openings in the paper shield for fairness and truth. Step into the world of UCC warranties—express, merchantability, and fitness for a particular purpose—and understand how these invisible guarantees protect consumers even when written language tries to silence them. We explain how disclaimers, complex as they are, can be crafted to either shield or expose sellers’ liabilities, and why federal laws like MagMoss are the ultimate consumer safeguard. Finally, we explore the future of contract law in the era of smart, self-executing code. If blockchain-based agreements operate without human words, how do courts interpret certainty, intent, and fairness? This mind-bending question leaves us pondering whether the paper shield will become an inhuman fortress or evolve with technology. Perfect for lawyers, students, or anyone eager to see behind the scenes of commercial deal-making, this episode unlocks the legal architecture that doesn’t just protect contracts — it shapes commerce itself. Hit play to master the rules courts use to lock or pierce the paper shield, and gain the insight to craft smarter agreements today. Key topics: The purpose and mechanics of the parole evidence rule (PER) as a substantive law—not merely evidence law. How integration clauses and the distinction between total and partial integration determine what outside evidence courts will consider. The hierarchy of contract interpretation: from express terms to industry customs, and how extrinsic evidence is used to resolve ambiguity. The significance of exceptions to the PER: fraud, mistake, conditions precedent, ambiguity, and reformation. A comprehensive look at UCC warranties: express, merchantability, and fitness for a particular purpose. How disclaimers work under the UCC and federal law, especially in consumer contracts, highlighted by the Magnuson-Moss Warranty Act. Practical impacts of risk of loss clauses like FOB shipping point vs. FOB destinati

    1時間20分
  5. Contracts & Sales Day 2: The "Undo" Button — Defenses to Formation and the Statute of Frauds

    4日前

    Contracts & Sales Day 2: The "Undo" Button — Defenses to Formation and the Statute of Frauds

    Review Guide: The Undo Button Ever feel overwhelmed by the myriad ways contracts can fail even when they seem perfect? This episode dissects the core defenses that can invalidate or prevent enforcement of agreements—crucial knowledge whether you're in court or studying for exams. We explore how legal flaws operate beneath the surface, examining capacity, bargaining flaws, and the statute of frauds, all through a structured, clear lens that turns complex doctrine into practical expertise. Most contracts are not as bulletproof as they seem. Hidden flaws—like a buyer’s age, a secret mistake, or a shady bargaining tactic—can turn a seemingly solid deal into a legal ghost. Understanding when and how these flaws can kill a contract gives you the power to force a reset or avoid a costly mistake. Whether you're prepping for law school, the bar exam, or just want to decode the secret life of agreements, this episode reveals the crucial defenses that can unravel even the most seemingly airtight contracts. Imagine a bustling Bombay dock in 1862. Two merchants shake hands—what seems like a binding deal—except unknown to both, two ships named Peerless are setting sail at different times. That tiny ambiguity becomes the key to understanding how courts decide whether a contract truly exists. From capacity issues with minors and mental incapacity to trickery and duress, we break down the core flaws that can invalidate agreements. You’ll discover how courts differentiate between void and voidable contracts, and the precise moments when an agreement can be rescinded, even after signing. We delve into specific legal defenses: capacity, mistake, fraud, duress, undue influence, and unconscionability. You’ll learn how courts scrutinize each, from a minor’s ability to disaffirm for non-necessities, to the tricky nuances of digital consent in today’s tech-driven world. We cover key doctrines like the Statute of Frauds—the law’s way of preventing perjury on land deals, big sales, and promises to pay others’ debts—and how modern UCC exceptions keep commerce flowing even without a formal signed document. Why does all this matter? Because missing a flaw means losing your chance to undo a bad deal or enforce a valid one. Whether you're a law student, a contract drafter, or a savvy negotiator, recognizing these invisible cracks can save you from disaster or give you leverage when things go wrong. This episode isn’t just a rules rundown—it’s a masterclass in thinking critically about the life and death of agreements. Perfect for anyone navigating the complex terrain of contract law—law students, legal professionals, or entrepreneurs—this deep dive arms you with the insight and tools to see beyond the surface. After all, understanding how contracts can fail is the first step toward mastering how they succeed. Main topics include: The distinction between void and voidable contracts The biological metaphor of contract anatomy: DNA, viruses, and paper trails How capacity issues—like minors, mental incapacity, and intoxication—affect enforceability Flaws in bargaining: mistake, fraud, duress, undue influence, and unconscionability The statutory framework: MY LEGS mnemonic and UCC exceptions How conflicts between doctrines play out in real-world scenarios, such as digital contracts and high-stakes dealings

    1時間4分
  6. Contracts & Sales Part One: The Anatomy of an Agreement — Offer, Acceptance, and Consideration

    5日前

    Contracts & Sales Part One: The Anatomy of an Agreement — Offer, Acceptance, and Consideration

    Review Guide: The Anatomy of an Agreement Unpacking Contract Formation This episode breaks down the intricate process of contract formation, revealing how ordinary interactions become legally binding agreements. Whether you're studying for the bar or navigating real-world negotiations, understanding these foundational principles is essential for clarity and strategic advantage. Most contract disputes hinge on one simple question: When does a casual conversation or a fleeting promise become a legally enforceable deal? If you think it’s only about formal paperwork, think again. In fact, the most surprising battles often occur over the tiniest details—like whether an ad was an intention to offer, or if a handshake was meant to be a final, binding agreement. This episode cuts through the legal jargon to reveal how the law differentiates what’s an invitation to negotiate from an actual deal—and why understanding these distinctions matters for every business, lawyer, or buyer. We break down the anatomy of contract formation step by step. You'll discover how courts look at objective actions, not secret thoughts—like Zimmer’s bar napkin or Pepsi’s humorous ad—determining whether a real offer exists or if it’s just marketing. We explore crucial concepts like the intent standard, the importance of definite terms, and how communication makes or breaks a deal. Curious about what happens when two different form contracts collide? We’ll analyze the UCC’s revolutionary “Battle of the Forms,” showing how modern commerce sidesteps traditional rigidity and what that means for your next big transaction. This episode also reveals key pitfalls—such as counteroffers, lapses, revocations, and death—that can kill an offer before it’s accepted. You’ll learn about the mailbox rule, the significance of consideration, and the classic pre-existing duty rule that faces off against the flexible provisions of the UCC. Most importantly, we show how to use this framework to quickly assess whether an enforceable contract exists, a skill every student and professional needs. Why does some legal language seem counterintuitive? Because the law balances between objective certainty and pragmatic flexibility—an ongoing tug-of-war that sustains the economy. Perfectly formed contracts aren’t invincible, and knowing how defenses like fraud, duress, or mistake can unravel an agreement is crucial. This episode primes you to recognize the subtle signals of when a deal is real, when it’s a bluff, or when the law steps in to prevent injustice. Perfect for law students buckling under exam pressure, entrepreneurs navigating supply chains, or lawyers crafting airtight deals—this is your comprehensive guide to the rules that turn talk into binding promises. Hit play and master the contract formation process that runs beneath every commercial victory and legal dispute. In this episode: How a casual comment can trigger legal obligations and the importance of the objective standard in offer-making. The critical difference between advertisements and offers, including the Lefkovitz case. The role of the "battle of the forms" under UCC §2207, and how it relaxes traditional mirror image rules in commercial transactions. The four primary ways an offer terminates—revocation, rejection, lapse, and death—and their exceptions. The significance of timing, including mailbox rule complexities and the "butt" clause. The essential elements of mutual assent: intent, definite terms, and communication, plus how courts fill gaps. The importance of consideration, the pre-existing duty rule, and common pitfalls like illusory promises.

    1時間15分
  7. Criminal Procedure Day 7: The Trial, Double Jeopardy, and the Final Review

    6日前

    Criminal Procedure Day 7: The Trial, Double Jeopardy, and the Final Review

    Reference Material: Day 7 Confrontation, Double Jeopardy, and Habeas Corpus Criminal Procedure Final Exam Prep — Mastering Justice and Fairness This episode offers a comprehensive walkthrough of core criminal procedure concepts, essential for law students and exam takers alike. From the nuances of the Sixth Amendment's rights to speedy trial, impartial jury, and confrontation clause, to the complexities of double jeopardy and evidentiary rules—every doctrinal pillar is analyzed with clarity and practical insight. Most students overlook one crucial fact: in criminal procedure, the rules governing fairness often overshadow the pursuit of truth itself. This episode extracts the core doctrine from seven days of dense law—clarifying when procedural protections fail or succeed—and reveals why the system sometimes sacrifices facts to safeguard liberty. Step into the courtroom of constitutional criminal procedure as we unravel deeply interconnected protections: the speedy trial clock, the impartial jury mandate, the confrontation rights, and double jeopardy barriers. We break down Barker’s four-factor test—showing how vague notions of “speedy” become a precise legal balancing act—and reveal the major trap students always miss: confusing statutory deadlines with constitutional standards. You’ll discover how a constitutional violation rarely just results in a do-over; it often leads to outright dismissal with prejudice, emphasizing finality over accuracy. We explore the recent explosion of jury-selection rules, from voir dire challenges to systemic exclusions, culminating in Ramos v. Louisiana’s victory for unanimity—an unmissable landmark. You’ll learn how the Supreme Court shifted against non-unanimous verdicts and how the Batson challenge exposes the subtle dance of race- and gender-neutral jury strikes. Beyond the jury, we dissect the landmark Crawford doctrine—showing how testimonial hearsay, even highly reliable lab reports, can be excluded if cross-examination isn’t possible. The episode reveals the high stakes of assigning “testimonial” labels and how the entire evidence landscape hinges on simple, but often misunderstood, definitions. Finally, we reveal how the double jeopardy protection, once thought absolute, hinges on exact timing—when jeopardy “attaches” and what makes two offenses the “same” under the strict Blockburger test—exposing the legal boundaries that stop endless prosecution. Always emphasized: the importance of understanding when the protections activate, and how exceptions like dual sovereignty or mistrials reshape the landscape. This episode isn’t just a review; it’s a blueprint for understanding the procedural fences that protect liberty and ensure a fair fight, even at the expense of factual certainty. Perfect for exam prep, inspired litigators, or anyone who needs to see how procedural rules serve a higher purpose: safeguarding individual rights against the immense power of the state. Are you ready to see the courtroom through a lawyer’s most powerful doctrinal lens? Hit play and master the procedural pillars that uphold justice—because in the courtroom, the lines are never as clear as they seem. In this episode: Understand the constitutional standards for a speedy trial under Barker v. Wingo, including the four-factor balancing test Clarify when and how the Sixth Amendment's right to a jury trial attaches, and the significance of Ramos v. Louisiana on jury unanimity Learn how the challenge process works during jury selection, especially Batson challenges and peremptory strikes Grasp the framework for analyzing testimonial statements under Crawford v. Washington and the importance of cross-examination for admissibility Dive deep into the double jeopardy protections, including when jeopardy attaches and the blockburger test for same offenses Explore the differences between harmless and structural errors on appeal, and the broader question of procedural fairness versus justice

    48分
  8. Criminal Procedure Day 6: Pre-Trial Process, Grand Juries, and Guilty Pleas

    5月2日

    Criminal Procedure Day 6: Pre-Trial Process, Grand Juries, and Guilty Pleas

    Reference Material: Day 6 Pre-Trial Process, Grand Juries, and Guilty Pleas Inside the Engine Room of the US Criminal Justice System: From Bail to Pleas Most defendants never step into a courtroom—over 95% resolve their cases through a plea bargain, often under coercive pressure and hidden power dynamics. What if the system designed to deliver justice is actually a relentless factory, filtering millions of arrests into a crushing funnel that leaves the courtroom as the rare exception? This episode lifts the curtain on the "engine room" of American criminal law—where the real power lies and the stakes are unimaginable. We explore how the pretrial machinery — from bail and grand juries to discovery and plea bargaining — is built for efficiency, not fairness. You'll discover how wealth-based detention causes constitutional violations that perpetuate inequality, and how plea deals often function as contracts that strip defendants of fundamental rights like jury trials and confrontations. The legal loopholes around bail, especially fixed bail schedules and wealth-based incarceration, threaten the presumption of innocence and fuel systemic disparities. We'll break down the hidden power of prosecutors—using threats, leverage, and promises—while highlighting key Supreme Court rulings like Bordenkircher and Santabello. You'll learn how judicial procedures treat plea negotiations as almost a separate legal universe, where convictions are secured not by trials but by strategic deals built on prosecutorial discretion and lawyer performance. And, crucially, we interrogate whether the constitutional protections for fair trials still matter—when over 95% of cases are resolved through these bargained shortcuts. This episode is perfect for anyone questioning if modern justice is driven by the rule of law or the "law of the deal." If you believe justice should be more than just efficiency, understanding this machinery is essential. The systemic power of the prosecutor, the mechanics of plea bargaining, and the hidden costs of wealth and negotiation shape the lives of millions—yet often go unseen. By pulling back the curtain, we reveal a system where the odds are stacked, rights are negotiable, and true justice hangs in the balance. Whether you're a legal professional, student, or concerned citizen, this deep dive offers critical insight into how our criminal justice system truly operates—and the urgent reforms needed to realign it with its foundational ideals. Note: This episode is a must-listen for those ready to see the criminal justice system from the engine room, where most cases are quietly decided without a jury. Key Topics: The metaphor of the system as a factory floor, filtering arrests through bail, charging decisions, and plea bargains How the Eighth Amendment's bail provisions are often misunderstood and practically weaponized against the indigent The stark contrast between grand jury investigations and preliminary hearings, and their implications for defendants' rights The significance of Brady v. Maryland in discovery, with systemic flaws that allow suppression of exculpatory evidence The heavy leverage prosecutors hold in plea negotiations, and the legal safeguards like Santabello vs. New York The impact of ineffective assistance of counsel under the modern cases Frye and Lafler The question of whether the reality of plea bargaining has overtaken constitutional protections for trial

    1時間2分

予告編

番組について

The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.

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