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Litigation notes
Class actions Contract disputes Privilege Jurisdiction Jackson reforms
Author: Litigation team
Margin by which party beat own Part 36 offer not relevant in determining costs consequences
The High Court has found that, where a claimant beat its own Part 36 offer by only a very small margin relative to the size of the claim, that was not a relevant factor in determining whether it would be unjust to award the claimant the Part 36 costs consequences in full: JLE v Warrington & Halton Hospitals NHS Trust [2019] EWHC 1582 (QB).
The judge referred to the widely criticised decision in Carver v BAA plc [2008] EWCA Civ 412, which meant that a party who beat an opponent's offer by only a small margin could be penalised in costs as if it had failed to beat the offer. That decision was effectively reversed by the Civil Procedure Rules Committee following a recommendation by Lord Justice Jackson, so that the rules now expressly provide that an offer will be beaten if the court's award is better in money terms by any amount, however small. In the present case, the court was keen not to re-introduce Carver – or in effect the flip-side of Carver – by depriving the offeror of the Part 36 costs consequences (or some of them) simply because it beat its own offer by only a small margin.
The decision re-emphasises the high hurdle required before the court will find that a party who makes a well-judged Part 36 offer will be deprived of the costs consequences that would otherwise follow: the test is whether it would be unjust to award the usual costs consequences (or any of them), and that is a stringent test. Continue reading →
What does your contract mean? How the courts interpret contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in the circumstances that have come about.
If the parties cannot resolve the issue, the court may be called on to interpret the contract. Where the parties have not made themselves clear, the result may then be difficult to predict.
In this second of our updated and relaunched series of contract disputes practical guides, Gary Milner-Moore, Sarah McNally and Steven Dalton consider the court's approach to interpreting contracts and some practical steps that can be taken to minimise the risks.
You can click here to download the PDF guide or contact webinars to access the archived version of our webinar exploring these issues.
We will be publishing further editions of the updated series of contract disputes practical guides in the coming months. In the meantime, the first edition in our relaunched series (When do you have a binding contract? It may be more (or less) often than you think), and the remaining editions from the original series, can be accessed from the home page for our contract disputes series (which is also linked under "our guides" in the top menu).
High Court finds there is no power to stay English proceedings to give effect to exclusive jurisdiction clause in favour of non-EU court unless proceedings were commenced first in the foreign court
The High Court has held that there is no power under the recast Brussels Regulation to stay English proceedings against an English domiciled defendant in favour of proceedings in a non-EU court commenced pursuant to an exclusive jurisdiction agreement in favour of that court, unless the foreign proceedings were commenced before the English proceedings: Gulf International Bank BSC v Aldwood [2019] EWHC 1666 (QB).
In a number of High Court cases decided under the Brussels I Regulation, which preceded the recast Brussels Regulation, the court held that the English court had a power to stay in favour of a non-EU court in some circumstances, including where there was an exclusive foreign jurisdiction clause in favour of the foreign court (see our posts here and here). This was on the basis that the provisions in the Brussel I Regulation could be applied by analogy, or reflexively. In other words, as an EU court had to stay its proceedings in favour of another EU court where there was an exclusive jurisdiction court in the other court's favour, the same should apply where the chosen court was in a non-EU country.
The recast Brussels Regulation introduced new express powers in articles 33 and 34 giving an EU court the discretion to stay its proceedings in favour of identical or related proceedings in a non-EU country where the foreign proceedings were first in time. That left open the question what powers, if any, the court had where the foreign proceedings were second in time but there was an exclusive jurisdiction clause in favour of the foreign court.
The High Court has now held that there is no power to stay outside of the express provisions of articles 33 and 34 of the recast Brussels Regulation. The court commented that some aspects of reflexive effect have been incorporated into the recast Regulation; finding that there is a discretionary power outside of these provisions would conflict with the principles underpinning the interpretation of the Regulation, such as legal certainty and predictability.
This is a first instance decision, and it would not have been necessary for the judge to decide the point as he found the jurisdiction clause to be non-exclusive rather than exclusive. However, the decision potentially casts doubt on the effectiveness of English exclusive jurisdiction clauses in the event of a no deal Brexit where proceedings are commenced first in an EU member state court and where the Hague Convention on Choice of Court Agreements 2005 is found not to apply – either because the clause was agreed before the Convention came into force for the UK (whether that is taken to be 1 October 2015, or 1 November 2019 when the UK is due to rejoin the Convention in its own right – see this post) or because of the domicile of the parties (if for example all parties are EU-domiciled, the rules in the recast Brussels Regulation will take precedence over the Convention for jurisdiction purposes). In those circumstances, if the approach taken in the present case is correct, an EU27 court will only be able to stay proceedings commenced in breach of an English exclusive jurisdiction clause where the English proceedings were commenced first in time.
It is also worth noting that the decision is consistent with the High Court judgment in UCP Plc v Nectrus Ltd [2018] EWHC 380 (Comm) (considered in this post), which similarly found – though in a very different context and without such a detailed analysis of the arguments relating to reflexive effect – that the court's powers to stay proceedings in favour of a non-EU court under articles 33 and 34 are exhaustive. Continue reading →
Upcoming webinar – The Hague Choice of Court Convention 2005 and the Hague Judgments Convention 2019: When and how will they apply?
On Tuesday 23 July 2019 (1-2pm BST), Anna Pertoldi and Jan O'Neill will deliver the latest in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes.
This webinar will focus mainly on the Hague Convention on Choice of Court Agreements 2005 which applies where there is an exclusive jurisdiction clause. The scope of the 2005 Convention is currently limited, but in the case of a no deal Brexit it will assume increased importance as a potential means of protecting English jurisdiction clauses and enforcing English judgments in the EU. The webinar will examine:
The Convention's scope – what it will and will not cover
Its relevance in a Brexit context, including the UK's accession plans and risks arising over timing
How the Convention works in practice – similar to the Brussels regime but with some important differences
It will then consider the new 2019 Hague Judgments Convention (finalised on 2 July 2019) which, when in force, will apply to a wider range of judgments.
This webinar looks in some depth at these important Conventions and the issues they give rise to. It is relevant to you if you are negotiating jurisdiction clauses or may need to enforce a judgment after Brexit in an EU member state.
The webinar is part of our series of HSF webinars, which are designed to update clients and contacts on the latest developments without having to leave their desks. The webinars can be accessed "live", with a facility to send in questions by e-mail, or the archived version can be accessed after the event. Please contact webinars if you would like to register for a webinar or obtain a link to the archived version.
Court of Appeal decision illustrates proper application of compensatory principle of damages, as well as modern approach to contractual interpretation
The Court of Appeal has held that a charterer was liable for substantial damages for its failure to make shipments of iron ore pellets under a shipping contract, where the charterer was unable to perform the contract due to a dam burst: Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102.
The court held that the charterer could not rely on an "exceptions" clause in the contract to avoid liability. On the proper interpretation of the clause, the charterer was required to show that it could and would have performed the contract but for the dam burst, and it could not meet this requirement. The court rejected arguments based on authorities which, the charterer argued, showed there was no need to prove "but for" causation where a party relied on a contractual frustration or force majeure clause.
The Court of Appeal emphasised that the question was not how the clause should be labelled (whether as an exceptions clause or a force majeure clause) but rather how it should be interpreted, based on its language and having regard to its context and purpose. The decision does suggest that, in cases of uncertainty, the court's approach may be influenced by whether the effect of a clause is to relieve a party of liability for past performance (in which case it may be more likely to find that the party must prove it would have been willing and able to perform) or to relieve a party of obligations to perform in future (where the focus may be simply on whether the relevant event makes performance impossible). But the practical message for those drafting or entering into contracts is to ensure the parties' intentions are made clear in the language of the clause.
The decision is also of interest in illustrating the proper approach to applying the compensatory principle of damages. The High Court had held that the charterer was liable for only nominal damages since, even if it had been willing and able to perform, it would have been prevented from doing so due to the dam burst. The Court of Appeal said this was a misapplication of the compensatory principle, under which the innocent party must be put in the position it would have been in if the contract had been performed. The charterer's obligation to make shipments was absolute, subject only to the exceptions clause which the court had found it could not rely on. Accordingly, the shipowner was entitled to be put in the position it would have been in if the charterer had in fact made the shipments as contracted – not simply the position it would have been in if the charterer had been willing and able to do so absent the dam burst. Continue reading →
Article published – Anomalies in the English law of privilege: a triumph of form over substance
Legal professional privilege is recognised as a fundamental human right, which serves an important public interest in allowing parties to take legal advice, and prepare for litigation, without fear that what they say may later be disclosed and used against them. But the English law of privilege has developed in ways that many clients and practitioners find both surprising and unsatisfactory.
Maura McIntosh has published a post on Practical Law's Dispute Resolution blog which considers some of the anomalies that arise under the current law and gives her views on how the law could be developed to address the difficulties. Click here to read the post (or here for the Practical Law Dispute Resolution blog homepage).
New Hague Judgments Convention: finally adopted but may be some years before impact is felt
On Tuesday, 2 July 2019, the Hague Conference on Private International Law finalised a new treaty on enforcement of judgments: the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, or the 2019 Hague Judgments Convention.
The new Convention has been a long time in the making. Its origins go back to 1992, when work began on a general convention dealing with jurisdiction and enforcement of judgments. Political consensus could not be reached, initially, and so the Hague Conference decided to focus on the area where consensus was possible – jurisdiction and enforcement of judgments where the relevant court was chosen under an exclusive jurisdiction clause. That resulted in the 2005 Hague Choice of Court Convention.
The new Convention goes much further than the 2005 Convention, in that it is not limited to judgments based on exclusive jurisdiction clauses. And, in contrast to the 2005 Convention, employment and consumer contracts are within scope.
The Hague Conference press release describes the 2019 Convention as "a gamechanger in international dispute resolution", saying it will be a single global framework, enabling the free circulation of judgments in civil or commercial matters, which will provide "better, more effective, and cheaper justice for individuals and businesses alike".
The 2019 Convention is welcome, but it will of course only apply between those countries that ratify it and bring it into force. The European Commission announced on Wednesday that it will now start the process of preparing EU accession to the Convention, although the timescale for accession is uncertain. The UK will also be looking closely at accession in its own right in a post-Brexit scenario, subject to any transitional arrangements that may be agreed with the EU. But it is worth noting that the Convention won't come into force for any state until (approximately) 12 months after ratification, and even then it won't apply unless the proceedings that led to a judgment were instituted at a time when the Convention was in force for both the state of origin and the state where the judgment is to be enforced. This means that there will be some considerable time before the Convention applies to any judgment, even if the EU and the UK (and other countries) take early steps to accede to it.
Some may hope that the 2019 Convention will provide an alternative route to the easy enforcement of English judgments post-Brexit, when the dynamics for enforcement will become significantly more complex as the recast Brussels Regulation and the Lugano Convention will no longer apply to the UK (as discussed here and here for example). But the 2019 Convention should not be seen as a complete answer, in part because of the likely delay before its impact is felt, and in part because its effect is more limited than the Brussels/Lugano regime (recognition and enforcement can be refused on broader grounds, for example, and it deals only with enforcement rather than jurisdiction – apparently work is underway on a further instrument addressing jurisdiction). So while it is certainly a positive step, it is still hoped that the UK and EU will be able to agree other arrangements more closely replicating the current regime, including an agreement for the UK to join the Lugano Convention.
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Maura McIntosh
Professional support consultant
Jan O'Neill
Professional support lawyer
Court of Appeal finds defendant gave good consideration for varied settlement in agreeing to give up defence that was later found to be without merit
The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v Shavleyan [2019] EWCA Civ 1105.
The claimant argued that there was a lack of consideration for the variation, as the defence which the defendant had agreed not to pursue was without merit and therefore the defendant had not given up anything of value. The court rejected that argument. It drew a distinction between, on the one hand, a claim or defence which a party knows to be invalid or does not believe to be valid and, on the other, one which may be doubtful but the party believes in and intends to pursue. In the latter case, an agreement not to pursue the claim or defence will be good consideration, even if the court later finds the point to be without merit. This serves the public policy aim of encouraging settlement.
As a practical matter, however, where the only consideration for an agreement (or the variation of an agreement) is a party's agreement not to pursue a particular claim or defence, and there is any scope for doubt as to whether the claim or defence is believed to be valid, it would be advisable to document the agreement (or variation) by deed or provide some additional consideration (eg a token payment of £1).
The decision is also of interest in that the defence in question in this case, which the defendant had agreed to give up, was an argument that the $1,000 per day interest provision in the original settlement agreement was void as a penalty. The Master found that the provision was not penal, even though it was referred to as a penalty and even though (as the Court of Appeal noted) it could have resulted in the defendant paying $1,000 per day in interest even if only $1 remained outstanding by way of principal. The Court of Appeal did not comment on the correctness of the Master's decision, saying that whether she was right or wrong was immaterial. What mattered was that there was clearly genuine doubt on the point at the time the variation was agreed. Continue reading →
High Court orders Russian claimant to provide security for costs despite evidence of assets in Switzerland and Cyprus
The High Court has granted an order for security for costs against a Russian claimant, on the basis that there was a real risk that any costs order against it would have to be enforced in Russia, where the court said there was a real risk of substantial obstacles to enforcement – even though there was evidence that the claimant also had assets in Switzerland and Cyprus, where there was no such risk: PJSC Tatneft v Bogolyubov [2019] EWHC 1400 (Comm).
The decision is of interest in illustrating the court's approach to an application for security for costs against a claimant resident in a non-convention country (ie one that is not bound by the various regimes for mutual enforcement of English judgments, namely the recast Brussels Regulation or the Brussels, Lugano or Hague Conventions), but where there is evidence that the claimant has assets in a convention country. The decision suggests that the court will look at whether, despite that evidence, there is a real risk of having to attempt enforcement in a jurisdiction where there is a real risk of non-enforcement. The court may conclude that there is such a risk despite there being no evidence of a lack of probity on the part of the claimant.
Where a claimant is considering an offer of undertakings to prevent an order for security for costs, the decision suggests that this will only be effective if the undertakings "clearly and satisfactorily eliminate the risk" of non-enforcement. Continue reading →
Court of Appeal confirms no duty on solicitor to warn opponent of error in serving claim form
The Court of Appeal has upheld a decision that there was no good reason to validate service retrospectively where the claimant's solicitors had purported to serve proceedings on the defendant's solicitors shortly before the claim form expired without first confirming that the solicitors were instructed to accept service: Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985.
Like the High Court, the Court of Appeal considered that the Master was wrong to conclude that the defendant's solicitors were in breach of a duty to the court to help further the overriding objective, and had engaged in "technical game playing", by not drawing the error to the claimant's attention.
The decision is not surprising, as it is in line with comments of Lord Sumption in Barton v Wright Hassall LLP [2018] UKSC 12 (considered here). It is however helpful confirmation of the point, in light of the Master's view that Barton was not binding authority on the point.
As with the High Court's decision, however, the judgment does not necessarily mean that solicitors can safely stay silent in all circumstances where an opponent has made an error in service. The court does not comment on the High Court's suggestion that there would or may be a duty to speak out where a defendant's own conduct has contributed to the claimant's misunderstanding, or what the position would be where the situation calls for a response from the defendant. There is also a rather puzzling comment by the Court of Appeal that, "depending on the facts, the position may well be different if there is a substantial period before the expiry of the limitation period." It is not clear how substantial the period would have to be or why the length of time should make a difference, unless perhaps it creates a situation in which the defendant will be called on to respond in some way. Continue reading →
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No, xie went to the press screening, the Tuesday before I think, and she didn't mention him there even. This was just a regular showing. Know what was funny? I expected women like me but half the people there were Chinese, not there for Gale at all but for the others in it.
You were right, it was entirely schmoopy, as you know not my favorite genre, but I loved it, guess I do have a romantic bone somewhere in my body.


From the Heidelberg Project, a rundown neighborhood turned international tourist attraction, to the brand new Detroit Art Week, we're inspired by Detroit's revitalization and burgeoning new art scene and love getting to be a part of it.
We ship and install fine art for the museums and galleries of Detroit, including the new art galleries that are popping up as well as older institutions. Detroit is known for museums such as the Detroit Institute of Arts, which was founded in 1885 and features a diverse collection of works from all over the world, and the Museum of Contemporary Art Detroit. We are proud to serve all of these great institutions with expert fine art services.
We ship between museums and galleries in Detroit and all over the country. Our scheduled shuttle stops in Detroit every other week, and we also have exclusive transit options available to work with your timeline and specialty exhibits.
We don't only ship your art; we can install it in Detroit as well. Our employees have decades of experience in white glove fine art handling, and we can install the most heavy-duty exhibits and the most delicate sculptures.
Our master carpenters can craft custom crates for all your needs - no matter how unusual the artwork. We know how to pack sculptures, paintings, historical artifacts, personal memorabilia and much more in such a way that your valuable items are not damaged in transit to and from Detroit.
Every exhibit has its own requirements. We craft displays according to your exact specifications.
At Displays, we do what we do in order to preserve art for future generations. We can examine the age, materials, and current damage to your artwork and create a conservation and maintenance program to ensure that others are able to enjoy your masterpieces for generations to come.
We ship to and from museums and galleries in Detroit to anywhere else in the country. Our scheduled shuttle stops in Detroit every other week, and we also have exclusive transit (line haul/box truck) available to work with your timeline and specialty exhibits.
Our master carpenters can craft custom crates for all your needs - no matter how unusual the piece of artwork. We know how to pack sculptures, paintings, historical artifacts, personal memorabilia and much more in such a way that your valuable items are not damaged in transit to and from Detroit.
Let us know what you need, and we will customize a crate for you.
We have experience crafting supporting materials for any size exhibit, whether custom mounts for tiny objects or display cases.


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Federal Grant to Restore Galveston Bay Rookery Island
By Texas Saltwater Fishing Guide on January 2, 2002 in Texas Saltwater Fishing News
HOUSTON — The U.S. Fish and Wildlife Service has awarded a federal grant to Texas Parks & Wildlife Department for a more than $1.2 million project to restore wetlands on North Deer Island, the largest bird rookery island in the Galveston Bay system
The Texas grant was part of more than $15 million in grants to 12 states to help acquire, restore and protect coastal wetlands for long-term conservation benefits to wildlife and habitat under the National Coastal Wetlands Conservation Grant Program.
North Deer Island in West Galveston Bay is used each year by up to 30,000 breeding pairs of 19 species of coastal-dependent birds, including more than 1,000 nesting pairs of federally listed brown pelican.
The North Deer Island project will protect and restore over 135 acres of fish and wildlife habitats. In Phase II to be funded by the federal grant, the Texas Parks and Wildlife Department and project partners, will protect 82 acres of island habitat from erosion and restore eight acres of estuarine marsh.
The total cost of the project is $1.24 million, with $653,300 of that paid by the federal grant. The partners share of the project will be $587,000. Project partners include the Galveston Bay Estuary Program, Gulf of Mexico Program, USFWS Coastal Program, Texas Genco's EcoCenter, Shell Marine Habitat Program and Houston Audubon,.National Coastal Wetlands Conservation grants are awarded to states through a competitive process. The program is funded under provisions of the 1990 Coastal Wetlands Planning, Protection and Restoration Act, with money generated from excise taxes on fishing equipment, and motorboat and small engine fuels.
"These are win-win projects," said Dale Hall, U.S. Fish and Wildlife Service director. "I'm very excited when we're able to leverage the taxpayer dollar with our partners and get a lot more value for the money."
For more information on this project please contact Jamie Schubert at (281) 534-0135 with the Coastal Fisheries Habitat Program.
– Texas Saltwater Fishing Guide
Tampa Bay 1-1-2002 Texas Saltwater Fishing Report
Galveston Jetty Fishing 3-1-2002 Texas Saltwater Fishing Report

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Multiple outlets are now reporting that the new Disney+ subscription service will feature a live-action spinoff series starring Jeremy Renner as Hawkeye. Renner plays the same role in Marvel's "The Avengers" franchise, and the show is one of several that are lined up to launch the new Disney+ streaming service.
According to early reports, the service will introduce Kate Bishop, a fan favorite in the Marvel universe and the protege of Hawkeye. The series will most likely feature Clint Barton, the current Hawkeye, training and introducing the new character to the superhero lifestyle. In the Marvel comics, Bishop joins up with other age-appropriate superheroes that make up the Young Avengers squad. While Disney and Marvel have been quiet on the news, Variety was one of the first outlets to report Renner's involvement.
Renner was one of the original members of the Marvel Cinematic Universe, though he never got his own spinoff film. His character first appeared in "Thor" and joined the team in "Avengers" and "Avengers: Age of Ultron." While Hawkeye did make an appearance in "Captain America: Civil War," he was noticeably absent during "Avengers: Infinity War." Hawkeye is coming back strong in "Avengers: Endgame," and his character has been heavily featured in the trailers.
The Hawkeye spinoff isn't the only Marvel property in the works at Disney+. Characters like Loki, Vision, and the Scarlet Witch are expected to get their own limited-series on the Disney service. There have been rumors that Bucky and Falcon could get their own series, but nothing has been confirmed at this time. If everything goes according to plan, the limited series would run about eight-episodes each and extend the Marvel Cinematic Universe through the small screen. The shows are in good hands, as Kevin Feige, leader of the MCU, is producing the limited-series.


2018 may be the year studios caught up with indie filmmakers.
We saw the first major studio film featuring an LGBT protagonist as the lead in Love, Simon. The popcorn-friendly MCU brought themes of structural inequality and national guilt to the masses in the global phenomenon Black Panther. Big budget sci-fi went existential horror with Annihilation.
And best of all, these were great movies. In the past few years, it felt like the balance of quality had tipped largely to the independent side (where, to be sure, filmmakers often have a larger degree of creative freedom) but these gutsier, more artistic sensibilities made their way into the studio system as the big players took "risks" on inclusion, social awareness, and complicated themes, and managed to turn out some terrific films.
As much as I've enjoyed my time in movie theaters this year, I'm a little sad why I have more time to go there – 2018 also saw the end of FilmStruck, the (now, apparently) too-good-to-be-true streaming service offered by the Criterion Collection and Turner Classic Movies. It was a tremendous digital cinema resource, enabling me to plow through many of the Italian films from Criterion (a personal goal of mine) as well as explore their proactive curation of films. I particularly enjoyed their selections for June 2018 (LGBTQ Pride Month), and discovered some great titles I hadn't seen like The Watermelon Woman, The Bitter Tears of Petra Van Kant, and introduced me to the wacky world of Derek Jarman. It was a great product while it lasted, and I look forward to the return of the Criterion Channel soon. If it's anything like FilmStruck was, there's a lot to look forward to!
A Star is Born – It's funny that a movie concerning a veteran rocker and a rising pop singer is less about fame and celebrity than it is about love. I saw it three times in seven days, and each time was fully transported and engrossed in this intimate epic. No other movie this year followed the open road of love, in all its beauty and ugliness, quite as poignantly as this one.
Love, Simon – Love, Simon is not showy, flashy, or attention-grabbing. It is a well-crafted, heartfelt high school comedy that is extraordinary in its ordinariness. Weepy coming-out movies are a dime a dozen, but a quality teen studio movie featuring a gay lead is literally a "first" in 2018. Long after its trailblazing status is an asterisk in history, Love, Simon will continue to be a warm, reassuring movie to visit again and again.
Avengers: Infinity War – It may be surprising to place this above another MCU entry (which I also love), but Infinity War truly hit all the right notes for me, as both a stand-alone film and elevating established MCU heroes to their highest stakes and best moments to date. I'm moved to tears by the sacrifices by the Guardians of the Galaxy, feel the lightning adrenaline of Thor brandishing his shiny new ax, and am horrified by the gut-punch ending. This was a massive movie with dozens of stars and sky-high expectations, and they still pulled it off.
Annihilation – I ended up in this cerebral sci-fi as the "plan B" movie of the night, and I'm so glad I did. Possibly the scariest movie of the year, this wholly unsettling journey pits a team of soldiers against alien elements in a battle against time and an unknowable enemy. Alex Garland's latest is haunting and unforgettable.
Black Panther – This cultural phenomenon is possibly the most surprising, though deserving, hit of the year. Its uncomfortable themes of imperialist guilt and the obligations of those more fortunate are captured powerfully by Michael B. Jordan's ruthless Killmonger, a villain both tragic and despicable. What's also striking is how comparatively little T'Challa / Black Panther (Chadwick Boseman) himself is in it, compared to the impact by Killmonger and the delightful leading ladies of Wakanda: Nakia (Lupita Nyong'o), Okoye (Danai Gurira, who also steals her scenes in Infinity War), and Shuri (Leticia Wright).
Hereditary – Another spooky favorite, this (also genuinely horrifying) pick crawls under your skin, lays eggs, and tears you open when you least expect it. Toni Colette is deservedly earning praise for her knockout performance, and Alex Wolff is also noteworthy for his portrayal of her troubled son in this demented family drama.
Mary Poppins Returns – This delightful musical is one of those films where every element, from art direction, costume design, music, all the way to acting and performance, come together so harmoniously it's easy to take for granted. Arguably more than the original, Mary Poppins Returns sets a clear through-line and each segment cleanly follows that trajectory, delivering memorable moments every step of the way. The finale is a warm reminder of just how magical the movies can be.
Suspiria – The third arthouse horror on the list (can you tell I'm a genre guy?), Suspiria is a big, gutsy, bloody bite into an iconic classic, but spits out an entirely new demon entirely. For its entire two-and-a-half-hour runtime, director Luca Guadagnino casts an unsettling, though surprisingly moving, spell with themes of motherhood, survivor's guilt, and forgiveness all while trapping us in a Berlin dance academy run by witches. It's insane on paper, it's insane to watch, and it's one of the year's best.
The Nun – This feels a little goofy to include, but I've made my list and checked it twice, and can't deny how much fun this fifth (!) Conjuring movie is. It's not particularly scary, but it's delightfully atmospheric, with more fog, candles, and shadows than you'll know what to do with. Taissa Farmiga also shines playing against type as a likable character.
Note: There's a handful of 2018 films still on my watch list, including Roma, Eighth Grade, Green Book, and Vice.
The Young Girls of Rochefort are also Women in Love!
What were your favorite films & discoveries from 2018? Any special movie memories? Reply below in the comments!
This holiday season, as you and your loved ones decide which holiday classic, or new release, to experience together, the right choice may not be Vox Lux. It is deeply troubling, abrasive, and polarizing. It is also (unfortunately) very timely, haunting, and profoundly thought-provoking.
One foggy morning in 1999, tragedy strikes at a suburban middle school. A teen boy commits a horrific mass shooting. Music student Celeste survives, through painful physical therapy and a bullet permanently lodged in her spine. She and her older sister Ellie express their mourning through song, capturing the hearts, and attention, of their community and the nation. Celeste is snatched away and groomed for a life of pop stardom, plunging her into an adult world of drug use, physical intimacy, and a bitter cynicism beyond her teen years.
Her innocence and light is extinguished that horrible day, and she's left bearing the scars the rest of her life. As the years pass, the sweet, artistic girl in music class is unrecognizable in the cruel, arrogant demeanor of adult Celeste (played to outrageous perfection by Natalie Portman). Closer to the present era, another tragedy strikes, and all eyes are on Celeste as to what her next move will be: cancel her hometown concert, speak out, or conduct business as usual. Her management asks her whether she's going to perform tonight as planned, and Celeste shrugs it off, asserting that pop music makes people happy and keeps their mind away from reality.
Light and dark are presented both as a dichotomy, though invariably linked concepts throughout Vox Lux. At its narrative core, a traumatic act of evil is what spurs the initial artistic expression, or at least its introduction to the world. If the attack hadn't taken place, would Celeste and Ellie have written such a beautiful song? And if they had, would they have had the world's attention, and been catapulted to stardom?
The darkness is the fuel powering and driving the light, which is senselessly snuffed out by acts of cruelty and evil. Even in the present-day, Celeste is snappy with her daughter Albertine, practically a reincarnation of the optimistic girl Celeste once was. She is the result of an early encounter by young Celeste with a male rock star, itself a meeting that would never have taken place without the tragedy, or the access and platform it brought Celeste. Like a phoenix, from the darkness comes a new light, itself in danger of having its innocence destroyed by the adult world.
At first glance, Vox Lux feels so timely due to its disturbing content, not a stretch from what's in the newspapers more and more often. But deeper to its core, it asks how we respond to such horrific acts of evil, and the imprint it can leave on the human spirit. We can let it consume us and allow it to spread, or we can confront it head-on, shining a light in the darkness.
Hot on the heels of Lady Bird comes the next great high school movie in Love, Simon. It's a tenderly told coming(-out)-of-age tale, with timeless themes of acceptance and identity set against the digital landscapes of communication, exploitation, and connection.
Nick Robinson gives a starmaking performance as Simon Spier, a teen just starting to embrace his homosexuality, whose "coming-out" moment is threatened by blackmail. It takes a toll on his friends, his family, and his online pen pal, an anonymous figure "Blue" with whom Simon has forged a deeply personal, however digital, relationship.
He knows Blue attends his school, but that's about it. He looks for clues and references wherever he goes, and finds the boy of his dreams in different moments of his everyday: a chatty waiter at a waffle house, the quiet piano player for the school musical, a friendly acquaintance. This is translated to film to compelling effect, as Blue's voice and appearance evolve throughout the movie, resembling the closest match Simon can piece together at that exact time.
It's not an unfamiliar feeling, as the sole gay kid striving to find connection. It's hard to discern a friendly smile and personal demeanor into a gay "cue" that another male could be more than just a friend. The excitement of possibility, and anxiety of rejection, from so many potential "suitors" ring very true to the closeted homosexual experience.
Just how acutely and perceptively Love, Simon captures these elements is one of its greatest strengths. In a highlight moment (with stellar acting by Mr. Robinson), Simon confronts the one who "outs" him, denying Simon his own empowerment and agency, to stake out his own identity on his own terms. The complications and nuances of this milestone moment for any young adult are difficult to translate to film, much less in a studio picture for a mainstream audience; but Love, Simon does it to astonishing effect.
But more than capturing the struggles and strife of the gay experience, Love, Simon also finds joy, warmth, and affirmation. After coming out to his family, Simon's mother (Jennifer Garner) confesses that Simon is "more of [him]self than [he's] been in years." The conflict tearing Simon apart is the fear that coming out will change others' perception of him, as though there were a "before" and "after" to his identity; but he's been the same Simon all along, and his loved ones know that.
I could have used a movie like Love, Simon ten years ago, and I'm so thankful that we have it now. As our cultural climate is evolving to be one of greater diversity and inclusion, it's great progress to see a story like this, geared toward the younger audience who needs it most, available on such a large scale. The "It Gets Better" initiative launched in 2010, promising that the troubles young LGBT people face will someday diminish; in 2018, young people are being re-affirmed through stories promising that they can have, and deserve to have, happiness right now in the present.


"It's an amazing phenomenon," says Sarah T. (a pseudonym), a former disciple of Bhagwan Shree Rajneesh. She is referring to the movement she left a few years ago when she became exhausted and ill from overwork. "And I think people still don't get that what's happening up there [at Rajneeshpuram] is very, very powerful—more so than they're giving it credit for being, even at this point. Because every person who's a sannyasin, every person who's up there in Oregon—particularly now—is a very different kind of human being than you meet out here [in the secular world].
The academic humanistic psychology movement, launched in 1961 by, among others, psychologist Abraham Maslow, sought to forge an alternative to the two dominant trends in contemporary psychology: Freudian psychoanalysis and behaviorism. Maslow believed that too much attention had been devoted in traditional psychology to pathological behavior, and not enough to healthy individuals who were able to "actualize themselves" and to attain and live from what he called "peak experiences." In 1962, the Esalen Institute was established in Big Sur, California, to offer experiential workshops designed to help people realize their "human potential" (the phrase comes originally from Aldous Huxley, an early ally and inspirer of Esalen). Human potential theorists, seeking ways to counteract what they saw as people's harsh psychological and social conditioning, found parallels among the emotional opening up process of Western cathartic psychotherapies, the peak experiences described and advocated by Maslow, and the altered states of consciousness produced by Eastern methods of meditation (and also by psychedelic drugs). The union of Western psychology and Eastern religion became one of the human potential movement's goals.
Rajneesh, in the words of one observer—social worker and cult expert Hilly Zeitlin—"picked up all the pieces of the human potential movement." Rajneesh's juxtaposition of avant-garde Western therapies, such as primal, gestalt, and encounter, with such classic Eastern meditations as kundalini yoga and zazen lured hundreds of thousands of Western disciples to his ashram in Pune in the 1970s. After reading The Book of Secrets, Sarah's next step was to attend a "Let-Go" weekend at a local Rajneesh center. The workshop involved participation in massages, therapy games, encounter groups, and meditations from 5:00 am until midnight. The effect of the Let-Go weekend on Sarah was even more profound than her reaction to Rajneesh's written words had been.
"I stopped thinking," she says. "I was driving back home and there were all these twinkly little white lights on the windshield. I was seeing things. I don't know even now what was going on." Not long afterward, Sarah was on a plane to Pune.
Rajneesh and his group leaders in Pune took the various cathartic therapy and meditation techniques associated with the human potential movement far beyond their usual limits of duration and intensity. Groups in which participants did deep, strenuous, yoga-style breathing exercises—exercises that can overoxygenate the brain and cause dizziness and nausea—would last for hours a day over several days. The ashram's therapy groups became notorious for episodes of emotional, physical, and sexual violence. Sarah reports that she suffered physical injuries, including two cracked ribs and a concussion, in an encounter-type group in Pune.
In her 1983 book, Miles from Nowhere, A Round-the-World Bicycle Adventure, writer Barbara Savage describes her experience of visiting Rajneesh's ashram in Pune and hearing him denounce Mother Theresa, who had just been awarded the Nobel Peace Prize for her charitable ministrations to the poor of Calcutta. Rajneesh called her a " sexual pervert who gets her sexual satisfaction from touching lepers." Savage says that she stood up in the audience to protest Rajneesh's tirade against Mother Theresa, but that " one of Neesh's strongmen grabbed me and literally threw me back down on the floor. After that," she writes, "I was too frightened to move.


In 2009, data from the registry showed that six counties in the western Dallas-Fort Worth area had the highest incidence of invasive breast cancer in the state. These counties are Tarrant (which includes the city of Fort Worth), Denton, Wise, Parker, Hood, and Johnson.
So, the counties with the highest rates of breast cancer in Texas are in Tarrant, Denton, Wise, Parker, Hood, and Johnson Counties. The counties with the most natural gas production are, Tarrant, Denton, Wise, Parker, Hood, and Johnson Counties. Coincidence?
This map is from my presentation yesterday to the Dallas Drilling Task Force.
Are these % or numbers.. Because it could be that more people live there, so the #'s are higher.. however, if it is percentages…then this does say something.
I'm pretty sure that the CDC realizes that areas with more people would have more cancer. But based strictly on that, then Houston would have the highest rates. Some of those counties–Wise @ 55,000–are sparsely populated.
The actual article explains that the numbers represent a rate of incidence: not a number or a percentage, it means how many cases per 100,000 people.
Two teachers at Bailey Hr High did not return to teach cause one died from an aneurism (age 34) and the other has 4th stage spine cancer (TRIPLE MYLOMA just like in the Denton Cronicle article). Both teachers happened to be downwind from 5 wells that was fracked last January. See youtubes "Fracking Near Bailey Junior High".
Will any of these people or their families talk to me?
Holy giant smoking gun Batman, its a giant smoking gun! Uh oh, Reality is taking a huge dump on the manufactured, P.R. schemed, fake reality of the Big Gas Mafia.


text:
Q: Are all iphone songs DRM protected while on the phone? AVAssetExportSession cannot find audio When a song gets placed into itunes and then synced to iphone does it automatically put DRM on it?
I'm trying to copy an mp3 I wrote into a unity3d game on the iphone and play it and use it to make a video of the game.
This fails:
I wrote a song it does not have DRM. I dropped it into itunes and sync up the phone.
 I then use an iphone plugin for unity3d that copies it from from the iphone music library to a directory in the game. I can then play the song and create a video of the game with the song. Playing the song works fine.  But when I try to access the data using AVAssetExportSession to create the video it cannot find the audio tracks of the mp3.
This succeeds:
But if I paste the song directly into the game directory by dragging it from itunes into the game library it has no problem with the song or finding the audio tracks and creating the video.
Can anyone explain why this is failing. Is it a DRM issue?
Thanks,

A: To answer the question in the title directly: No, all songs are not automagically DRM protected while on the iPhone.
That being said, you do need to jump through a few hoops if you want to get the song data, and AVAssetExportSession is a good way to do that.
The problem you are having really doesn't sound like a DRM issue.   It sounds like a path/URL problem for the audio file.    Some example code would help to better answer the other parts of your question.

redpajama_set_name: RedPajamaStackExchange


text:
Tabrizi's ®
Weddings on the water
Corporate & Social Events
Chef's Table
Tabrizi's
What the Maid of Honor Needs to Know About Giving a Toast
Open with an I.D. and a thank you.
If the emcee didn't introduce you, do it yourself, and mention how you know the bride and groom and for how long. Then thank the guests for coming to the wedding. It's a nice way of making them feel part of the toast.
Be heartfelt.
You and the bride are obviously very close. Telling a story about her that's sweet, sentimental, and short would be perfect.
Mention both the bride and groom.
While your focus will be on the bride, don't forget to mention the groom—your first impression of him, how you've grown to love him, or something else that's warm and personal.
Say something to get the crowd laughing.
You don't have to be Melissa McCarthy to use humor to great effect. There's no better way to win the crowd over than with a short, amusing anecdote.
Forget about sharing that hysterical college memory.
Sometimes there's a fine line between funny and embarrassing. Don't cross it even if you're sure the story is a winner. The bride's relatives don't want to hear any anecdote involving her underwear.
Avoid negatives.
That includes ex-partners, infidelities, health crises, or the rocky road the couple may have faced in their relationship.
Wish them well.
Glass raised, you should end with a loving toast wishing the bride and groom a long, happy marriage.
Tabrizi's Etiquette for Rehearsal Dinner
Tabrizi's Restaurant | Mediterranean Food Baltimore
Planning a Rehearsal Dinner Baltimore, MD
500 Harborview Dr. Baltimore, Maryland 21230
© 2020 Tabrizi's. All Rights Reserved. Tabrizi's is a Registered Trademark


text:
Q: Form Border Styles Wrote the following piece of code to generate a form with a thick border. But the border on my form is too thin (see pic below). Am I making a mistake?...Or is this how a thick border looks like? Can anyone pls help? Also in the code, when I change from FixedDialog to Fixed 3D they imafe of the form is the same -- no change at all!!! This cant be right.

Code I wrote:
Imports System.Windows.Forms
Imports System.Drawing
Module Module1
    Sub Main()
        Dim form1 As New Form()
        form1.FormBorderStyle = FormBorderStyle.FixedDialog
        Application.Run(form1)
    End Sub
End Module


>>>>>>>>>>>>>>>>>>>PLEASE, DO NOT POST YOUR REPLY TO THE LIST!
(to be addressed to the UN) about GMOs.
related to the environmental release of GMOs'.
STILL COULD HELP writing me in the most synthetic form the ISSUES that "you"
Thanks to all of you for your efforts.


text:
Q: Hair loss and MVVM user controls I have a user control written in C# & WPF using the MVVM pattern.
All I want to do is have a property in the bound ViewModel exposed to outside of the control. I want to be able to bind to it and I want any changes to the property to be picked up by anything outside the control that is bound to the exposed value.
This sounds simple, but its making me pull out my hair (and there is not much of that left).
I have a dependency property in the user control. The ViewModel has the property implementing the INotifyPropertyChanged interface and is calling the PropertyChanged event correctly.
Some questions:
1) How do I pick up the changes to the ViewModel Property and tie it to the Dependency Property without breaking the MVVM separation? So far the only way I've managed to do this is to assign the ViewModels PropertyChanged Event in the Controls code behind, which is definitely not MVVM.
2) Using the above fudge, I can get the Dependency property to kick off its PropertyChangedCallback, but anything bound to it outside the control does not pick up the change.
There has to be a simple way to do all of this. Note that I've not posted any code here - I'm hoping not to influence the answers with my existing code. Also, you'd probably all laugh at it anyway...
Rob
OK, to clarify - code examples:
usercontrol code behind:
   public static DependencyProperty NewRepositoryRunProperty = DependencyProperty.Register("NewRepositoryRun", typeof(int?), typeof(GroupTree),
                                                                new FrameworkPropertyMetadata( null, new PropertyChangedCallback(OnNewRepositoryRunChanged)));
    public int? NewRepositoryRun
    {
        get { return (int?)GetValue(NewRepositoryRunProperty); }
        set
        {
            SetValue(NewRepositoryRunProperty, value);
        }
    }

    private static void OnNewRepositoryRunChanged(DependencyObject d, DependencyPropertyChangedEventArgs e)
    {
        if (e.OldValue != e.NewValue)
        {

        }
    }

    public GroupTree()
    {
        InitializeComponent();

        GroupTreeVM vm = new GroupTreeVM();

        this.DataContext = vm;

    }

Viewmodel (GroupTreeVM.cs)
   private int? _NewRepositoryRun;
    public int? NewRepositoryRun
    {
        get
        {
            return _NewRepositoryRun;
        }
        set
        {
            _NewRepositoryRun = value;
            NotifyPropertyChanged();
        }
    }

A: And now for my weekly "don't do that" answer...
Creating a ViewModel for your UserControl is a code smell.
You're experiencing this issue because of that smell, and it should be an indication that you're doing something wrong.
The solution is to ditch the VM built for the UserControl. If it contains business logic, it should be moved to an appropriate location in another ViewModel.
You should think of a UserControl as nothing more than a more complex control. Does the TextBox have its own ViewModel? No. You bind your VM's property to the Text property of the control, and the control shows your text in its UI.
Think of UserControls in MVVM like this--For each model, you have a UserControl, and it is designed to present the data in that model to the user. You can use it anywhere you want to show the user that model. Does it need a button? Expose an ICommand property on your UserControl and let your business logic bind to it. Does your business logic need to know something going on inside? Add a routed event.
Normally, in WPF, if you find yourself asking why it hurts to do something, it's because you shouldn't do it.

A: Perhaps I've misunderstood, but it seems like you're trying to use binding in the code behind?
public MyUserControl()
{
    InitializeComponent();

    // Set your datacontext.

    var binding = new Binding("SomeVMProperty");
    binding.Source = this.DataContext;

    SetBinding(MyDependencyProperty, binding);
}


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This is a superb vehicle at an affordable price! The engine breathes better thanks to a turbocharger, improving both performance and economy. Lincoln prioritized fit and finish as evidenced by: a blind spot monitoring system, front and rear air conditioning, and seat memory. It features an automatic transmission, 4-wheel drive, and a 3.5 liter 6 cylinder engine.


text:
Recess | Culture
Stupid as a noun
By Sydny Long | April 23, 2021
Intelligence is not everything. It is the only thing.
10 fashion tips for summer 2021
By Kerry Rork | April 19, 2021
With summer just around the corner and the idea of leaving our houses becoming more and more possible, it is time to think about non-pajama outfits.
BROCKHAMPTON brings the band back together for a successful penultimate album
By Ben Smith | April 19, 2021
BROCKHAMPTON's maturation process continues with their new album, "ROADRUNNER: NEW LIGHT, NEW MACHINE," which may be the most polished and cohesive project to come from the group yet.
Taylor Swift's re-recorded 'Fearless' is more than an improvement
By Jonathan Pertile | April 19, 2021
For Swift's statement to work though, her new version of the album needs to be better than the original to get people to listen to her rerecording. Thankfully for Swift, "Fearless (Taylor's Version)" does that and more thanks to her vastly improved vocals and six previously-unreleased songs, marketed as "From The Vault."
After a seven-year hiatus, The Antlers are back with the jarringly gentle 'Green to Gold'
By Sydny Long | April 5, 2021
While "Green to Gold" is far from ambitious or even striking, it does follow the band's legacy of novelty, however softly.
Bob Odenkirk reveals his action journey in 'Nobody'
By Skyler Graham | March 30, 2021
Wake up. Shower. Make coffee. Go to work. Take out the trash moments before the garbage truck arrives. It's a monotony we know all too well, and one that often calls for an escape.
Marilynne Robinson's 'Gilead' mines epic emotion out of quiet drudgery
By Bates Crawford | March 29, 2021
When reading, I often felt as though I was part of a conversation not meant for me.
CULTURE | FOOD
Life at Duke during COVID-19 from a food lover's perspective
By Maddie Menkes | March 28, 2021
Even though Zooming was a fine alternative for this situation, it did not replace the enjoyment of the in-person company of others while eating.
CULTURE | MOVIES
'9 to 5' and women supporting women since 1980
I love the typewriter-rhythmed feature track and album of the same name, but what I appreciate most about this film is that it is based on the premise of women banding together.
'Spaceman' is Nick Jonas's COVID-era tribute to love
By Ellie Selden | March 22, 2021
Though Nick Jonas is by no means a new artist, he is starting a new chapter in his career.
Snyder's 'Justice League' addresses Whedon's shortcomings
By Devinne Moses | March 22, 2021
After watching both back-to-back, the difference between the original release and the new version is truly night and day, and despite the additional two hours, the investment in a new cut was worth it.
RECESS | CULTURE POP CULTURE
Authoring a fan-led revolution with Archive of Our Own
By Jasmine Santos | March 18, 2021
They are empowered to do what they love without feeling the pressure to monetize their hobbies nor the need to adhere to a corporate agenda.
Wait, how much is a GIF of 'Nyan Cat' worth?
By Ben Smith | March 18, 2021
On March 11, legendary auction house Christie's oversaw the first-ever major NFT auction, with bidding ending at a staggering $69.3 million.
The complicated legacy of 'Cidade de Deus'
By Jack Rubenstein | March 18, 2021
When it came time to write about "Cidade de Deus" for class, I wanted to focus on these powerful performances, the unique editing, the perfect score or the exciting camera work, but I couldn't help but think about the film's production, response and aftermath, all of which have complicated its legacy.
'Life Support' has Madison Beer confidently moving into the spotlight
By Jonathan Pertile | March 8, 2021
The best moments on "Life Support" come when Beer combines these two sides – anger and vulnerability – together.
A look back at Dolly Parton's philanthropic legacy
By Ellie Selden | March 4, 2021
From scholarships to benefit concerts, The Dollywood Foundation has been responsible for improving the lives of many.
The Haim sisters and Taylor Swift show off their creative chemistry on 'Gasoline' remix
Regardless, it's gratifying to see talented musicians come together to make terrific music, especially considering how hard it is to collaborate virtually in the midst of a pandemic.
Pincho Loco ice cream is a staple for Duke first years
By Meredith Cohen | March 1, 2021
In my opinion, Pincho Loco offers the best of both worlds — or rather, the best of multiple worlds.
'Judas and the Black Messiah:' The narratives of black power for today's divided America
By Ben Smith | February 25, 2021
Ultimately, the messages of "Judas and the Black Messiah" are just as important to contemporary America as Hampton's messages to Chicago in 1969.
The Weeknd and a halftime show to (possibly) remember
By Ellie Selden | February 23, 2021
Many wondered how The Weeknd's halftime performance at Super Bowl LV would look — and specifically, how the Weeknd's face would look.
Tweets by chroniclerecess


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text:
The Usūlī
Traditionalists vs. Traditionalism
Relevant and Important Usūl-ul-Fiqh discussions and more
Learning Tips
Kalam (7)
Learning Tips (10)
Quran (3)
Tasawwuf (3)
Usul (6)
Written by Samir Hussain
This is a very important piece that I should have written a long time ago, but in the end Allah's will is supreme.
Traditionalism as understood in this article is the collective amalgamate of Sunni theological, legal and spiritual traditions. In theology, the Ash'ari, Maturidi and Athari traditions in theology, the Hanafi, Maliki, Shafii and Hanbali traditions in fiqh, and mystical and non-mystical understandings of tasawwuf either via a tariqah or independently of them.
Traditionalists as understood in this article are those who claim either be in support of, part of or participating in tradition and traditionalism as outlined above.
As the name of this article suggests, I want to discuss a sentiment that is increasingly common among many Muslims today, which is the de-legitimization of tradition and traditionalism as a valid and useful means of understanding Islam and defining Islamic orthodoxy and normative understandings. As I have come to observe, much of this is done for two reasons: either due to a harmful attachment to modernism and liberalism inspired by Western/Eurocentric cultural and political hegemony, or a disillusionment with the varied and increasingly public gaffes of many traditionalists.
As such, I want to explain two things in this article:
That traditionalism is not just a useful means of understanding Islam, but rather that it is THE authoritative means by which to understand Islam.
That the mistakes of many traditionalists in either understanding of applying tradition is not indicative of the weakness of tradition and traditionalism in and of itself.
So why is traditionalism the ideal candidate by which to understand Islam?
Firstly, Sunni intellectual tradition serves as a direct or indirect commentary to the sacred texts of Islam – the Qur'an and the Sunnah. The primacy of the Qur'an and the Prophetic Sunnah in understanding Islam and forming an authentic and normative Islamic ontology should be an a priori understanding for every Sunni Muslim. Any attempt to understand Islam without giving primacy to the Qur'an and Sunnah is not an attempt to understand Islam as a religion, rather it is something else.
So, for example, understanding Islamic history or Islamic political theory to be a primary paradigm by which to understand Islam itself is not approaching the question from a theological or religious studies perspective, it is rather a historical or political one. Yes, Islamic history or political theory are useful secondary extractions from the Qur'an and Sunnah by which we can add to our understanding of the sacred texts themselves, but they are not the primary ontologies by which we begin to understand Islam. The Qur'an makes this clear on numerous occasions, giving primacy to obeying the Creator and his Prophet as a characterizing feature of being a believer:
O believers! Obey Allah and obey the Messenger and those in authority among you. Should you disagree on anything, then refer it to Allah and His Messenger, if you ˹truly˺ believe in Allah and the Last Day. This is the best and fairest understanding. [4:59]
Therefore, Sunni intellectual tradition, since its claim to the normative is based on being true – in varying degrees – to this ontological premise, acts as a sort of intellectual means to understand the Quran and Sunnah. If the Sunnah is to be understood as Prophetic commentary on the Quran – as per Shafii parlance, then Sunni intellectual tradition is a resulting meta-commentary on both.
So, this is establishing the utility of tradition and traditionalism purely from an epistemological perspective. And it is in my view, an inescapable truth. Not only does the verse of the Qur'an quoted above in its mention of authority – widely understood to be referring to intellectual authority – implicitly state this, but one observes that even those who attempt to deconstruct tradition such as those of anti-madhhab Salafis/Ahul-Hadith persuasion, or progressive Muslims attempting to challenge the authority of tradition find no means to do so except by referring to the tradition itself.
Indeed the fact that it comes across as ridiculously unscientific, unsophisticated, arrogant and disingenuous to claim a normative understanding of Islam that is not based in any way on any previous understanding is enough of a proof in itself, as that would indicate that 1400+ years of Muslim understanding of the sacred texts was incorrect. Most Sunni Muslims with enough understanding foundational themes of the Qur'an would instantly rebuke such an attempt, unless it was veiled and hidden away effectively enough – which would amount to deception.
The second argument to be made in favor of traditionalism is its pedagogical utility. An effective pedagogy to learn an intellectual construct must by necessity be based on the ontology that the same construct is based on. For example, if we suggest that the better means by which to understand the natural sciences is a more empirical approach grounded in some sort of scientific method, a scientific education that did not comprise of some participating in laboratory experiments and methodological practicums would be an undoubtedly poor scientific education.
In a similar vein, traditionalism must form a substantial part of any effective pedagogy for studying and learning Sunni Islam. And by simply analyzing the different fields of study that make up the Sunni intellectual tradition, one can easily understand why it is so effective. Take the emphasis in most traditional curricula on the Arabic language i.e. the sciences of Arabic literature, syntax, morphology and rhetoric is a highly logical approach to understanding sacred text presented in the Arabic language, and that purports itself to be miraculously worded, and ontologically comprehensive. Or the emphasis on usul-ul-fiqh and mustalah al-hadith, the very sciences designed to filter out accurate understandings of sacred text from inaccurate ones. Lastly of course is the emphasis on direct study of the resulting extraction of fiqh that the above is based on, as well as direct study of tafsir and hadith themselves.
In this way, no pedagogical approach is able to overcome subjects of traditional study in their utility of understanding Islam, unless it incorporates traditional study itself because these subjects by their very nature are founded on a direct interaction with the sacred texts themselves.
The third argument to be made in favor of traditionalism is its decolonial utility. A commonly understood problem in Islamic academia whether salafi, traditional or contemporary is the obstacle of colonial or post-colonial influence on Islamic understandings. These are often considered foreign, malignant and insidious intrusions into Islamic thought whose main concern was to undermine authentic Islamic understandings, deconstruct Islamic intellectual culture, and dismantle Islamic civilization from within to render it politically impotent and thus unable to ideologically withstand the onslaught of European imperialism.
Intellectual tradition, therefore, a preserved continuation of the Islamic intellectual legacy, has immense utility in delineating where an Islamicate understanding of Islam ends, and when a foreign imposed or unwittingly abstracted-in understanding of Islam begins. Otherwise there is no other way to isolate colonial and post-colonial influence, as ill-intentioned Orientalist or Islamophobe understandings of Islam also utilize sacred text with which to mount their assault against Islam and Muslims. Most contemporary academics in Islamic Studies – Muslim or non-Muslim – have understood this, and it's only a rare few who persist in trying to put forward an anti-traditional narrative which ends up contributing little to nothing substantial in our understanding of Islam.
In conclusion, Sunni intellectual tradition is critical to understanding Islam (i.e. Sunni Islam for the majority of Muslims who consider Sunni Islam to be the authentic understanding of Islam in opposition to Shi'i Islam). It is why to this day, those who do not have a sufficient academic background in the traditional Islamic disciplines will always fail to accurately, academically and intelligently delineate what exactly Islam is and what it isn't, rendering any applicative effort on their part to understand an extra-Islamic idea, philosophy or ideology to be weak and quite often wrong.
Any Muslim who wishes to pursue research in anything 'Islamic' whether it be for the purpose of activism, academia or polemics, must be proficient at some level in the Islamic tradition for their work to be efficient, productive and contributive to the Islamic tradition and Muslims as a whole. Otherwise, when the definition of Islam is itself of low resolution and ill-defined, there is a high risk of denying that which can be correctly defined as 'Islamic' or approving of that which can be correctly defined as 'unIslamic' in whatever pursuit they are engaged in.
In my humble opinion, it is worse to be purposefully weak in the Islamic tradition and engage in such work, rather than to serve Islam intellectually while being deficient in the understanding of the tradition. I use the word 'purposefully' here for a reason: to demonstrate that these individuals always have the option for acquiring a traditional Islamic Studies background via the many local and online educational services available today. Learning Islam has never been easier, and it's a disservice to themselves and to the community for them to speak about Islam without sufficient knowledge of it, not to mention a grave sin as understood by almost all traditional scholars of Islam.
The problem with traditionalists
Just like how Muslims do not necessarily indicate a causatively linked problem within Islam, neither do the mistakes of traditionalists necessarily indicate a causatively linked problem with traditionalism. Unfortunately, many Muslims seem to have done just that, which is to not understand tradition and traditionalism before debating the problems with traditionalists. This has resulted in many Muslims believing traditionalism to be outdated, problematic or unnecessary. Let us discuss some of these mistakes and understand why this conclusion is untrue:
1) Poor political acumen – Ever since the Arab Spring – for our generation at least – traditionalists have been under intense scrutiny by both 'religious' and 'secular' Muslims for their betrayal of the public in correcting the course of Muslim states headed by corrupt, despotic and oppressive leaders and their respective bureaucracies. Many a traditional scholar has been rightfully 'exposed' often in self-incriminating rhetoric or guilt by association in their support, aid or cooperation with rulers who have otherwise caused much grief to either their own constituents or others in Muslims lands.
But the truth – as most students of traditional knowledge know from experience with their teachers – is that this is not true of all traditional scholars. Many are the scholars who have left positions with the government or avoided joining them to prevent themselves from being taken to account by the Creator. Still too are the many scholars such as in Malaysia, India, Turkey or Qatar who do have a voice and use it quite effectively.
One should also not forget how many scholars either sit behind bars or are afraid to voice their political views out of fear of being thrown in jail or worse. Others have chosen the 'wiser' approach, engaging in rectification of Muslim minds or giving subtle reminders to rulers, realizing that a drastic public engagement with these tyrants is often unproductive or even destructive. It is unwise and foolish to judge an entire scholastic community with the examples of just a handful of outwardly problematic figures.
The poor political choices made by some do not demonstrate any problem with traditionalism, rather they demonstrate a poor grasp of politics and dealing with politicians in general, or a general naivete in dealing with practical problems that the ummah faces. Also, academically minded people in general don't always have a good sense for the viciousness of politics. This leads us into our next point.
2) Intellectual ossification and traditionalist culture – One of the core problems of traditionalists is their fear of change in the tradition. Brought about by a century and a half's worth of unhealthy exposure to the rhetoric and antagonism of foreign colonial powers and Muslim liberals, secularists, modernists, progressives and salafis, many traditionalists have retreated into their own bubbles and isolationist ideologies, fearing rebellious and drastic measures by some to either drastically revise or effectively neuter tradition.
But a contemporary understanding of Islam that is effective in demonstrating the sophistication, applicability, utility and relevance of Islamic tradition – as well as granting it philosophical and civilizational strength, power and transformative capability – must by necessity incorporate elements of the contemporary world.
Tradition MUST continue to evolve, and traditionalists MUST be a part of that process. In fact such an understanding is clearly demonstrated in the early half of Islamic history. Otherwise the people who will be most involved are the same people lacking a traditional background that are intruding into Islamic understandings in the first place.
An absence of this understanding has contributed to a traditionalist 'culture' in many places. Although now it is starting to change alhamdulillah, for the most part most traditionalist scholars and institutions display a strong disregard and dismissal of the need for traditional knowledge to be combined with contemporary fields of study. The most effective example of this is the Islamic seminary. Although seminaries – especially the larger ones – should be applauded for their excellent traditional curricula. But the graduates emerge with an intellectual chasm obstructing them from the mind and life of the contemporary Muslim. Not only have they been locked away in a seminary for years, they will often enter the world of religious work – being an Imam or otherwise that will continue to isolate them from real people and real-world experience. This leads us into our next point.
3) A poor grasp of the contemporary world – Most traditionalist students and scholars unfortunately do not end up learning much about the contemporary world. Although they do acquire systematic knowledge and understanding of traditional Islamic knowledge, very few will do so for the natural or social sciences. Few are those also who will study tradition but continue to live and exist in the real world.
This creates an understanding of tradition that is irrelevant and disconnected to Muslims, thus cutting them off from tradition and rendering them vulnerable to ideologies such as salafism, liberalism and progressivism.
Traditional curricula must be merged together with contemporary ones. The mutakallim who hasn't studied contemporary epistemology and philosophy of logic and language, the faqih who lacks a systematic understanding of contemporary law and ethics, and the muhaddith who falls short in contemporary historical method and critique will all be somewhat capable in their own fields, but will be unable to deliver much to the average educated Muslim who is in desperate need of relevancy and applicability in their Islam.
Ignoring this problem may be intellectually convenient for many, but it will result in a failure to bring back a globally significant Islamic civilization and renders any hope for a future Islamic state or polity useless and fantastical. It is also without precedent – Muslim Imams and scholars were known not just for their mastery of traditional Islamic disciplines, but also of their polymathic abilities across different fields, whether they be philosophy, Greek metaphysics, medicine, mathematics or even the social sciences in rare examples like Ibn Khaldun.
4) Traditionalists without tradition – Another problem common in many traditionalists is a poor understanding of traditionalism, leaving them traditionalists in name only rather than substance. If you read this article, you will see an example where traditionalists are not following the example of Imams that they themselves champion and portray as legendary intellectual figures.
There are many other examples of this. Students of fiqh who don't understand how fiqh evolved over time or who over-utilize شذوذ from the madhhabs, students of kalam and usul who can't think logically, understand the effects of their philosophical environments and make irrevocably ridiculous claims, students of hadith who deny the authenticity of Bukhari or students of the Arabic language who can't understand the difference between linguistic and legal analysis.
Seminaries themselves are often at fault for this. Attempting to squeeze traditional curricula into a crowd-pleasing space of 4 or 5 years is a disaster in the making. I personally have met students who have completed a study of the Hanafi fiqh manual al-Hidayah, as well as attended readings of the six famous hadith texts, yet have barely studied a text or so in usul-ul-fiqh, Arabic syntax, rhetoric or literature. Students who emerge from such poorly designed and destructive curricula are effectively drones, not muftis or scholars as they are often celebrated to be. For intellectually sophisticated madhhabs such as the Hanafi and Maturidi schools, this is a neutered education where the graduate bears little resemblance to the traditional legacy he or she claims to have studied and become a part of.
This is of course, not even mentioning the many Muslims who characterize themselves as 'traditionalists' but have little to show in terms of traditional study, understanding or character.
5) Ego – Lastly, and probably the most unfortunate characteristic common in some traditionalists, is the ego and poor adab that naturally accompanies all the previous problems listed. As traditionalists are forced to defend their contracted understanding of tradition, they often develop ego problems out of their constant defense and debate for the sake of what they rightly perceive is the best way to study and understand Islam.
I have seen it all unfortunately – whether it be a takfirist attitude towards Imam ibn Taymiyyah and salafis in general, an exclusionary attitude towards Atharis and Hanbalis, a fondness for overly conservative and 'hard' positions on social issues, a resistance to being corrected on the aforementioned, or a condescending perspective towards the common public or those who find it difficult to understand the importance of traditionalism.
And this is in stark contrast to many of traditionalist legends in tasawwuf and character. Those how demonstrated a softness towards the average Muslim and a resentment to judging others too harshly. It's problematic nature could also be compared to our jadal tradition and openness to critique that many of the early Imams possessed.
In conclusion, these problems show not a problem with traditionalism, but that many traditionalists are not good examples of how traditionalism should look like in a scholar. There are numerous historical, political and social reasons for these problems, and they do not indicate that traditionalism in itself is necessarily a problem. If anything, they indicate that traditionalism manifested in its true form among traditionalists is what is really needed and missing.
And Allah is more knowing.
Posted in Kalam, Society
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Home » Magazine » Breitling Chronomat 38 SleekT – A Feminine Twist to the Renowned Pilot's Timekeeper
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Breitling Chronomat 38 SleekT – A Feminine Twist to the Renowned Pilot's Timekeeper
Written by Boris Ivkovic on July 21, 2015 in Breitling Chronomat, Breitling Watches, Magazine, News & Events - No comments
The Swiss watchmaker, Breitling, has broadened its offer of watches with a new ladies' model from its flagship Chronomat series. The new timekeeper is based on a reliable self-winding mechanical caliber and placed inside a package that is befitting to a woman's wrist. The "SleekT" part of its name refers to the fact that it is supplied with a new type of bezel made of high-tech tungsten carbide that has exceptional physical qualities. The watch is available with a black or with a white mother-of-pearl dial, while the latter can be supplemented with additional diamond hour-markers or even gems on its bezel.
When it comes purely to the functioning of the newcomer, it does not offer anything revolutionary. As a matter of fact, it runs on Breitling B 13 caliber which is made on ETA Valjoux 7750 base caliber, one of the most ubiquitously used movements in the world of watchmaking, especially when it comes to chronographs.
The 25-jeweled caliber runs on the frequency of 28,800 vph and offers a power storage that lasts 42 hours. The COSC-certified chronometer is made with a date display (at the traditional three o'clock position), as well as a chronograph that includes totalizers in also one of the classic layouts (12,6,9 positions). The sub-dials are for small seconds, 30 minutes and 12 hours, while the central chrono hand has the accuracy within 1/4th of a second.
The true strengths of the watch actually lay in its construction. It is a ladies' watch (which are not that numerous in this brand's offer, though they are naturally present) and has the appropriate diameter of 38 mm. Breitling Chronomat 38 Sleek T is relatively quite thick with the height of 14.8 mm, while its weight sans the bracelet measures to exactly 84.6 grams.
Moreover, the construction of the steel housing includes a screw-locked crown with two gaskets, a screwed in solid metal case-back and a sapphire crystal with anti-reflective coatings on both of its sides. Supported water resistance is 100 meters.
The trait that separates the newcomer from the older models by Breitling is the new type of bezel made of modern tungsten-carbide material. The high-tech material features improved scratch resistance and exceptional hardness. In addition, it gives it a sporty and contemporary style. This time, the bezel is fixed, which differs from the most of the brand's palette of products.
As it has been mentioned, there are two options for the dial of the watch with hands and hour markers which are coated with luminous matter. Both of them feature tone-on-tone color schemes. The first on is lacquered Onyx black one, while the other one is in white mother-of-pearl.
The latter of these two can be complemented with additional embellishments. These can be in the form of diamond hour markers on the watch's face, which can be further enriched with diamonds that are set all over its bezel. Since the high-tech bezel is actually the prominent feature of the watch, this sort of decorations seems way too excessive and unnecessary. However, if you require an additional doze of bling, than this is the version for you.
The watch from the flagship collection which originated from the once wider Windrider series can be bought with two types of attachments. The first one of these is with steel five-row bracelet of Pilot style which locks with a deployant clasp. It is likewise possible to pair the watch with leather wristlets in a number of colors. The plain leather one with contrasting stitching is available in black, brown, blue or gold. The croco leather one is even richer when it comes to the offer of colors. This one can be black, burgundy, green, brown, gold, Camille and blue. The leather straps allow its buyer to choose among a tang-type buckle and a folding clasp.
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The Future of Food Safety: Bacterial Detection through a Smartphone
Lauren DiVito
Ingenium – Canada's Museums of Science and Innovation
Researchers at MIT and the Max Planck Institute have developed a method for quick, on-site E. coli detection in food. While current food safety testing either requires days to complete or expensive equipment, this new method, paired with a smartphone and QR code, will make testing inexpensive and portable. The new detection process uses Janus emulsions, droplets consisting of two hemispheres of different densities. In water, the less dense, hydrocarbon hemisphere sits above the denser hemisphere
How the Canada Science and Technology Museum designed an accessible, modular headphone jack | Innovation150
Accessible headphone jacks aren't hard to find nowadays, but they're always built into your average neighbourhood fixtures, like an ATM. This isn't the most welcoming design since there's no way to get the device as a standalone product. But the Canada Science and Technology Museum strives for inclusive design, and since they couldn't buy an accessible headphone jack, their innovators decided to design their own.


UPDATE: Hollywood didn't lie this time, but you had to know the Princes' "Auditorium" pretty well to recognize the opening riff. We got straight instrumental, no vocals. Still cool.
Hollywood's already burned us once this week, so it's with cautious excitement that I report that an American Princes track is supposed to play during this Sunday's "Entourage," which's gotta be in the top 10 of shows whose soundtracks influence sales. There's even a dedicated music page for the show, with handy "buy now" tabs.