text:
Lymejello
We've had running water for ten years, we built a tunnel all the way to Peru, and we invented the cat.
Illinois and ILLINOIS
As I prepare to move next weekend (a whole block away!), I've spent many hours sorting through all my crap, not to mention additional piles of crap left behind by past tenants. This is the first time in Boston that I'm leaving an apartment but not any roommates behind. It's an exhausting process, and it's equally staggering to think of how much *stuff* we accumulate... where can it all possibly go? Is this why we have overflowing landfills and densely-stocked thrift shops?
So, place the blame for my lack of posts as of late on the upcoming move. I've been craving to write about my trip to Chicago last weekend. I've now traveled there three times in the past three years, and this was my most enjoyable and action-packed trip so far. I primarily went to see my parents (who drove up from Des Moines) and two of my oldest friends (one of whom drove down from Milwaukee).
In approximately sixty hours, I managed to reach the top of the John Hancock tower (much taller and more spectacular than Boston's), stroll through Navy Pier, find out what an "Executive" martini is, visit Lincoln Park, Millennium Park, the Nature Museum (with its wondrous butterfly exhibit), and the glorious Superdawg, dine at my first Churrascaria, and even catch a screening of THE ARISTOCRATS at the Loews Esquire downtown.
However, more so than on my past trips to the Windy City, I could conceivably see myself living there one day—if I ever desired to return to the Midwest. I've spent almost eight years in Boston, and I still love being here, but the high cost of living is starting to wear on me like a heavy, damp, fraying suede overcoat.
I've also wanted to write about Sufjan Stevens' new album, ILLINOIS. If you're at all familiar with this blog, you know that his previous release, SEVEN SWANS, was my favorite record of 2004. The new one, however, is aesthetically more of a follow-up to MICHIGAN, which came out in 2003.
Both MICHIGAN and ILLINOIS are lengthy, ambitious song cycles that daringly blend swatches of Americana with autobiography, all of it set to a kitchen-sink musical menagerie incorporating rapturous strings, horns, Community Theater, and more glockenspiel than you're destined to find outside a high school marching band. Stevens has said he'd like to complete an album for every single state in the union, although whether he actually reaches this lofty/foolish goal is, by now, beside the point. I've listened to ILLINOIS about 10 or 20 times over the past six weeks, and as with the entirely different, stripped-down SEVEN SWANS, I'm still carefully piecing it together. That the former is a whole half-hour longer than the latter doesn't make it any easier.
But now that I'm familiar with all the melodies, if not all of the song titles, some of which stretch out to more than fifteen (and in one case, fifty) words, I can say that ILLINOIS is a significant improvement on the template set in motion by MICHIGAN. It also retains (and puts to fine use) some of SEVEN SWANS' intimacy and fragility. I briefly considered going through it track by track (as I recently did with Saint Etienne), but I'd probably end up with a monstrous, 5,000 word piece. I also thought about making a laundry list of things I love about the album (such as the surging strings that follow the first six lone xylophone notes of "Chicago") , but that wouldn't begin to explain the particular, unique essence of this album or exactly how it makes me feel.
Admittedly, Stevens is bit of a nut job—there's the laughingly lengthy song titles, but also a fair share of bad puns ("Come On! Feel the Illinoise!"), the funk/disco pastiche about zombies that includes a cheerleader chant of the state's name, and an instrumental finale which heads off into Phillip Glass/Steve Reich territory for real. But Stevens is also a bit of genius, and to complain about the length of the album and its titles or an entire cavalcade of quirks is to miss the boat entirely. After all, madness and brilliance compliment each other like the compartments of a Pullman car (which Stevens gives "one last 'woo-hoo!'" to at one instance), and when he puts on a straight face for the suitably creepy but multifaceted "John Wayne Gacy, Jr." or the remarkably joyous and sad "Casimir Pulaski Day", all those quirks quietly fade away. On a knockout track like "The Predatory Wasp of the Palisades Is Out to Get Us!", it's hard not to get wrapped up in all the layers of vocals, flutes, melodies, and symphonic glissandos as they coalesce into a stunning, swooning whole.
I'm still uncertain as to whether this is a "better" album than SEVEN SWANS—time may provide an answer to that. But, like all of Stevens' other albums, ILLINOIS resembles precious little else. He's quietly amassing a distinct, impressive body of work that, decades from now, could position him as a Woody Guthrie or Bob Dylan of his time.
posted by C. Kriofske @ 7:40 PM
In Jim Jarmusch's Cannes Grand Prix winner, Bill Murray plays Don Johnston, a weathered, aging lothario and terminal bachelor forever explaining to bemused people that his last name is Johnston with a "T". Shortly after his latest flame, Sherry (Julie Delpy) leaves him, he receives an anonymous letter from an ex-lover who informs him that he is the father of her 19-year-old son, who has just left home and set off to find him.
Encouraged by his next-door neighbor, Winston (Jeffrey Wright), Don embarks on a cross-country trip to see four possible women who might've sent the letter, played by an impressive quartet of actresses: Frances Conroy, Jessica Lange, an unrecognizable Tilda Swinton and a surprisingly good Sharon Stone. The film's title comes from Winston's insistence that Don arrives at each woman's door unannounced, but with a welcoming bouquet of flowers. As is typical for Jarmusch, the film is exceedingly deadpan and leisurely paced, with many lingering silences occasionally punctuated by an effectively moody, thoughtfully compiled soundtrack.
By the final third, it's apparent that whether or not Don finds his son or identifies his mother is irrelevant: the film is Don: a beatific character study about loneliness and a lifetime of unforeseen changes, missed opportunities, and disquieting heartbreaks piling up. As much as the word "haunting" has become cliche, it's the most appropriate one I can think of to overall describe this film--especially in the many scenes between Don's visits simply showing him driving down a highway or sitting in a plane. They masterfully express everything that needs to be said, not in words but in silences, facial expressions and other body language.
Although not as original or all-out engaging as, say, ME AND YOU AND EVERYONE WE KNOW, this is easily Jarmusch's best film since the great STRANGER THAN PARADISE.
posted by C. Kriofske @ 11:39 AM
ME AND YOU AND EVERYONE WE KNOW
About ten minutes into Miranda July's remarkable debut feature, a man and his young daughter have just bought a goldfish. As they take off in their SUV, however, the man has absent-mindedly left the fish (in a tiny plastic baggie full of water) on top of the vehicle. On the highway, the film's central character, Christine (July) notices this and conspires with her co-passenger to do what they can with their car to impossibly save this fish. The scene plays like something out of a silent-era slapstick short worthy of Chaplin and Keaton, only tinged with melancholy. Eventually, Christine realizes the brutal limitations of this small crisis, but her co-passenger assures her, "Well, at least we're all in this together."
ME AND YOU… takes this phrase to heart as it casts a gaze on about a dozen characters in a nondescript California town. All of them are lonely to some degree, attempting to make connections and find friendship, solace, and even love in each other's company. If this were a big budget studio picture, these acts would be made to seem simple, unchallenging. Conflicts would arise, but characters would logically work their way through them and everyone would feel fulfilled by the final credits. To an extent, this does happen for a few people, but July's more interested in exploring the messy, topsy-turvy, true-to-life ways in which they get there.
At the head of this ensemble are Christine and Richard (John Hawkes). Christine is an eccentric, impulsive performance artist whose work consists of her imagining and recording conversations belonging to people in still photographs. She also works for ElderCab, a geriatric transport service. When she takes her client Michael (Hector Elias) shopping, she meets Richard (John Hawkes), a department store shoe salesman who has recently separated from his wife. After a second trip to the store, Christine meets up with Richard as he's walking to his car. After another block, they'll need to head off in opposite directions to reach their vehicles. Bashfully grasping to make conversation with someone she really likes, she compares the walk to the lifespan of a relationship, and how it will end when they inevitably have to go their separate ways. The sequence is intricate and surprising, full of deftly shifting tones and pregnant but important pauses. It almost seems like something out of a novel, until in a startling, heartbreaking turn, one of them acknowledges that it is, and tells the other that life really isn't this simple.
Richard has two sons: teenaged Peter (Miles Thompson) and younger Robby (Brandon Ratcliff), who divide their time between their mother's home and their father's new, cramped apartment. Without them, ME AND YOU… might seem more ordinary—just another indie romantic comedy. But July either has a knack for getting natural performances out of her child actors or finding particularly (and refreshingly) genuine ones: especially Ratcliff, possibly the most unaffected indie kid actor since Raven Goodwin (LOVELY AND AMAZING).
As Peter and Robby spend time at their father's chatting on the internet or walking to and from school, we get to know the rest of the film's ensemble: Heather (Natasha Slayton) and Rebecca (Najarra Townsend), two of Peter's classmates who develop an obsession with Richard's adult neighbor and co-worker, Andrew (Brad William Henke), who is sweet-natured but perhaps too willing to take chances; and Sylvie, a quiet ten-year-old neighbor girl with a design for life and an active, touching imagination. There's also Nancy (Tracy Wright), a gallery curator who is less assured than she initially seems; she also has links to more than one of the film's other characters.
Some of these subplots flower to conclusive connections; others are left somewhat unresolved, revealing something about that person's behavior and not much more. But July loves all of her characters: even Heather and Rebecca, arguably the least sympathetic, are drawn with much more depth and humaneness than their "roles" in the narrative would suggest. At times July (herself a performance artist) risks being overly precious or uncomfortably obscure, but when a connection or two are finally made near the end, they suddenly, excitingly feel earned and almost emotionally overwhelming.
ME AND YOU… is a primarily a comedy, laced with offbeat humor and a vision of life depicted in all of its glorious absurdity. As comedies go, however, it's uncommonly reflective and delicate. July's carefully and lovingly constructed world is one where an unanticipated phone call (with a voice saying the word "macaroni" and hanging up) is incredibly profound. It's a world where hopes, desires and dreams continually butt heads with reason and actualities, but in the end, you get a sense that there's room for both sides. In fact, any world would seem incomplete without both. Early in the film, Richard says to Andrew, "I know I'm ready for great things to happen to me." By evidence of this delightful, powerful film, July's already there.
A SECRET HISTORY: 2002
This year, I filled approximately three composition books cover-to-cover, mostly with first-draft, stream-of-consciousness music and film reviews. As I mentioned in 2001, I never took the time to develop these scribbled assessments into pieces anyone else would actually want to read. Paging through them now, that's a shame. Early in the year, I wrote a review of Concrete Blonde's first reunion album, Group Therapy, which I approached carefully, skeptically. Three years later, I probably haven't listened to it in well over a year (or two), but reading through that initial review now, I want to hear it again, which is always a good measure of an engaging, well-written critique.
My first serious relationship ended that June. Although its demise seems painfully inevitable to me now, at the time it had all of the bludgeoning force of a Monty Python sixteen-ton anvil abruptly dropping from the sky, only without the laughs. I hate to linger on it—after all, as Black Box Recorder's Sarah Nixey sang (without a hint of pity) two years earlier, "Nobody goes through life without getting hurt,"—but it irrevocably colors this year in my memory like an impenetrable black cloud. The week it happened, I barely mentioned it in my writing notebook; I think I was a little shellshocked and wary of leaving a record of my then-mental/emotional state that I might regret revisiting at a later date. Instead, I wrote about Belle and Sebastian's recently released Storytelling soundtrack, picked up a used copy of The Housemartins' London 0 Hull 4 at the Davis Square CD Spins, and life went on.
How ironic that one of the suckiest years of my life produced an overstuffed cornucopia of monumental, excellent new albums: Stew's The Naked Dutch Painter… and Other Songs, The Mekons' OOOH! (Out Of Our Heads), Sleater-Kinney's One Beat, Wilco's Yankee Hotel Foxtrot, Badly Drawn Boy's soundtrack for About A Boy, Alison Moyet's Hometime, and Tori Amos' miraculous return to form, Scarlet's Walk. One Beat arrived in mid-August, right when I needed it. Angry, defiant, passionate, uplifting and LOUD, it was absolutely fucking therapeutic for me: a soundtrack for many lengthy, have-to-get-out-of-this-goddamn-apartment-I'm-living-in-with-my-ex-boyfriend walks through leafy, subdued Watertown and Belmont. It never failed to make me feel invincible, or at least a little better.
It's fitting that right after everything fell apart in my personal life, I began volunteering at the Brattle Theatre one night a week. This humble activity was really the genesis for establishing an identity away from the ex and my entrance into the Boston film geek inner circle. It surely cemented the notion that I loved film just a teensy-weensy bit more than music. The writing notebooks also support this, with film reviews outnumbering music reviews two-to-one. Obviously, I didn't abandon scouring multiple libraries and used record stores every week for new stuff to listen to—I don't think I ever could—but it's safe to say that at this point, I knew I wanted film to provide the basis for my career (rather than boring admin stuff), whereas music would always remain just a hobby, albeit a mildly obsessive one.
By autumn, I felt overwhelmed by the writing notebooks. I wasn't getting anywhere in my feeble attempts at sifting through all the crap I'd produced in order to retrieve golden phrases and ideas. I'd wanted to start my own website for awhile, but how, man, how? So, after reading an article by Kate Sullivan in the Da Capo Best Music Writing 2002 anthology, I found out she had something called a "blog" when I referenced her name in the book's list of contributors. Weeks later, via Blogspot, I started my very own (The one you're reading right now! Imagine that!). The first couple postings were predictably crude and innocuously cute, but it proved, as I'd hoped, an invaluable tool to push me beyond those illegible first drafts and share my thoughts on a particular movie or song with a potential audience—whether anyone wanted to hear them or not.
Kriofske Mix


text:
Q: Angular 2 ng-class depending on function Im trying to change the class of some elements based on an array.
I have declared a function to return a boolean and say if the string(state/class) is contained in the array.
I have call it isState(st: string) {return (this.ArrayWithClasses.indexOf(st) > 0)}
And then I do
[ngClass]="{'class-I-Want-To-Activate': isState('evaluating-this-state') }"

But it is´t working. You see my mistake? A best solution?
Edit: It is working if I use just a boolean to toggle the class. So I consider if function is what is wrong...

A: Use the below
isState(st: string) {
    let temp=this.ArrayWithClasses.indexOf(st)
    if(temp)
        return true;
    else
        return false;
}

A: You shouldn't check if indexOf() value is > 0, because, if that string is located on the first place in array, you will get 0.
isState(st: string) {
    let temp = this.ArrayWithClasses.indexOf(st);
    if(temp != -1)
        return true;
    else
        return false;
}

If searched string is not located in the array , you will get -1 value for that.

redpajama_set_name: RedPajamaStackExchange


text:
<?php

// No direct access
defined('_JEXEC') or die;

/**
 * View class for a list of Admintask.
 *
 * @since  1.0
 */
class AdmintaskViewTasks extends JViewLegacy
{
	protected $items;

	protected $pagination;

	protected $state;

	/**
	 * Display the view
	 *
	 * @param   string  $tpl  Template name
	 *
	 * @return void
	 *
	 * @throws Exception
	 */
	public function display($tpl = null)
	{
		$this->state = $this->get('State');
		$this->items = $this->get('Items');
		$this->pagination = $this->get('Pagination');

		// Check for errors.
		if (count($errors = $this->get('Errors')))
		{
			throw new Exception(implode("\n", $errors));
		}

		AdmintaskHelper::addSubmenu('tasks');

		$this->addToolbar();

		$this->sidebar = JHtmlSidebar::render();
		parent::display($tpl);
	}

	/**
	 * Add the page title and toolbar.
	 *
	 * @return void
	 *
	 * @since    1.6
	 */
	protected function addToolbar()
	{
		$state = $this->get('State');
		$canDo = AdmintaskHelper::getActions();

		JToolBarHelper::title(JText::_('COM_ADMINTASK_TITLE_TASKS'), 'generic.png');

		// Check if the form exists before showing the add/edit buttons
		$formPath = JPATH_COMPONENT_ADMINISTRATOR . '/views/task';

		if (file_exists($formPath))
		{
			if ($canDo->get('core.create'))
			{
				JToolBarHelper::addNew('task.add', 'JTOOLBAR_NEW');
				JToolbarHelper::custom('tasks.duplicate', 'copy.png', 'copy_f2.png', 'JTOOLBAR_DUPLICATE', true);
			}

			if ($canDo->get('core.edit') && isset($this->items[0]))
			{
				JToolBarHelper::editList('task.edit', 'JTOOLBAR_EDIT');
			}
		}

		if ($canDo->get('core.edit.state'))
		{
			if (isset($this->items[0]->state))
			{
				JToolBarHelper::divider();
				JToolBarHelper::custom('tasks.publish', 'publish.png', 'publish_f2.png', 'JTOOLBAR_PUBLISH', true);
				JToolBarHelper::custom('tasks.unpublish', 'unpublish.png', 'unpublish_f2.png', 'JTOOLBAR_UNPUBLISH', true);
			}
			elseif (isset($this->items[0]))
			{
				// If this component does not use state then show a direct delete button as we can not trash
				JToolBarHelper::deleteList('', 'tasks.delete', 'JTOOLBAR_DELETE');
			}

			if (isset($this->items[0]->state))
			{
				JToolBarHelper::divider();
				JToolBarHelper::archiveList('tasks.archive', 'JTOOLBAR_ARCHIVE');
			}

			if (isset($this->items[0]->checked_out))
			{
				JToolBarHelper::custom('tasks.checkin', 'checkin.png', 'checkin_f2.png', 'JTOOLBAR_CHECKIN', true);
			}
		}

		// Show trash and delete for components that uses the state field
		if (isset($this->items[0]->state))
		{
			if ($state->get('filter.state') == -2 && $canDo->get('core.delete'))
			{
				JToolBarHelper::deleteList('', 'tasks.delete', 'JTOOLBAR_EMPTY_TRASH');
				JToolBarHelper::divider();
			}
			elseif ($canDo->get('core.edit.state'))
			{
				JToolBarHelper::trash('tasks.trash', 'JTOOLBAR_TRASH');
				JToolBarHelper::divider();
			}
		}

		// Set sidebar action - New in 3.0
		JHtmlSidebar::setAction('index.php?option=com_admintask&view=tasks');

		$this->extra_sidebar = '';
		JHtmlSidebar::addFilter(

			JText::_('JOPTION_SELECT_PUBLISHED'),

			'filter_published',

			JHtml::_('select.options', JHtml::_('jgrid.publishedOptions'), "value", "text", $this->state->get('filter.state'), true)

		);
	}

	/**
	 * Method to order fields
	 *
	 * @return void
	 */
	protected function getSortFields()
	{
		return array(
			'a.`id`' => JText::_('JGRID_HEADING_ID'),
			'a.`title`' => JText::_('COM_ADMINTASK_TASKS_TITLE'),
			'a.`state`' => JText::_('JSTATUS'),
			'a.`assigned_to`' => JText::_('COM_ADMINTASK_TASKS_ASSIGNED_TO'),
			'a.`assignee`' => JText::_('COM_ADMINTASK_TASKS_ASSIGNEE'),
			'a.`ordering`' => JText::_('JGRID_HEADING_ORDERING'),
			'a.`due_date`' => JText::_('COM_ADMINTASK_TASKS_DUE_DATE'),
			'a.`priority`' => JText::_('COM_ADMINTASK_TASKS_PRIORITY'),
			'a.`comments_thread`' => JText::_('COM_ADMINTASK_TASKS_COMMENTS_THREAD'),
		);
	}
}

redpajama_set_name: RedPajamaGithub


Maria currently works with English Language Arts teachers and coaches across a range of grade levels from K to 12. She has a deep understanding of the Common Core standards for English Language Arts and Literacy. Maria has a strong background in a balanced approach to literacy and has extensive experience with both the Reader's and Writer's Workshop model of instruction. She specializes in either writing units of study or supporting teachers in writing their own units to deliver the highest quality English Language Arts instruction. Her coaching work includes the following: supporting the planning of units and lessons for grades K-12 in both reading and writing, leading professional development on both the structures and practices that define a balanced approach to literacy, modeling both reading and writing lessons, side-by-side coaching, supporting teachers in integrating strategies for English language learners, and helping teachers design and implement effective assessment practices. Maria is especially passionate about student choice in both reading and writing and helping teachers develop a strong climate that reflects a community of literacy.


Trav came over last night and we worked on some ideas we had. One of them could end up sounding like a mariachi band – but we'll see. The other one I had thought was more of a Pilate/Coldplay inspired tune but came out sounding more like a Sixpence song… blech. We'll see though. They're both very unfinished with not much melody worked out yet so there's still hope for them yet.
I've got three videos I have to work on for an Easter presentation at FGCC. They've been a challenge to do as they're basically your typical talking head interview video but we've been trying to make them a little more interesting to watch without going over the top with edits/cuts/effects/cheese.
Spring is finally coming and hopefully the snow is actually going to stay gone this time. We've been tempted and teased so many times by spring this year (foul temptress that she is) that it's a little hard to believe it's actually going to stick this time. But this week is supposed to be above 0 all week – that's celsius for our American friends.
What's the weather like in your world today?
I'm guessing much the same as yours.
travis looks more and more college rock all the time.
hrm… not sure if that's a good or bad thing… he needs to go for college rock angst maybe.
maybe locked in a dorm rock.


text:
Can the 49ers expect a big game from Blaine Gabbert vs. the Browns?
Gabbert to light up Browns?
The focus of the NFL world may be on who is under center for the Cleveland Browns, but the San Francisco 49ers seem to have a spark under their relatively new QB, Blaine Gabbert.
View NFL Odds
According to oddsmakers at BetDSI, the Browns are favored at home for today's game, as they are getting odds of -2 points against the 49ers. The over/under total for the game has been set at 41 points. These two meet today at 1PM ET on FOX.
A No. 10 overall pick in 2011, Gabbert's career seemed to fizzle quickly as he spent just three season with Jacksonville before coming to San Fran to be a backup. However, due to poor play and an injury to Colin Kaepernick, Gabbert has found himself as the starting QB the last four games for San Francisco (4-8, 6-6 ATS), and the team has gone 2-2 in those games, looking much more competitive. Gabbert has thrown for 963 yards and five touchdowns in the four games while rushing for 140 yards and a score. Last week, Gabbert threw for 196 yards and a score while rushing for 75 yards and a TD to lead the 49ers past the Bears, 26-20, in OT.
Today Gabbert takes on the Cleveland Browns (2-10, 4-8 ATS), who have really struggled on defense. The Browns rank 31st in the NFL in defensive scoring (28.9 ppg) and 29th in total defense (398.8 ypg). For opposing QBs, the Browns have allowed 25 touchdowns passes and three rushing touchdowns while forcing just eight interceptions. Oddsmakers expect some good things from Gabbert today as well, as his over/under for passing yards is set at 216.5. The Browns have allowed at least 230 passing yards and multiple touchdown passes in five straight games. Gabbert has thrown for at least 260 yards in two of his four starts this year.
Bet on NFL Week 14 Odds
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redpajama_set_name: RedPajamaCommonCrawl


Antwerp came to Battle Royale II as last year's champions, eager to defend their title and kick off another dream season like last year. Although forced to come with a small squad of 13 players due to several injuries (including Emile Aerts, Elisabeth Reyniers, and Jan Dubois), the Dodos had quite a convincing start, conceding just one hoop in a solid win against Three River Dragons Passau.
The Dodos' first game against the Werewolves of London was very tight, and while the Dodos caught to win, the game was anything but comforting since they suffered in the beater game, their chasers failed to keep up their efficiency, and most of all Antwerp lost their best female chaser, Florence Anslot, through injury. Antwerp showed they could be defeated and the home team got ready for a tough fight going into the next game.
Southampton Quidditch Club (SQC) gave it their all and managed to stay in range just until the 18th minute, mostly thanks to their beater game being surprisingly dominant over Antwerp's. During snitch-on-pitch, Southampton showed a refined and clinical play both in beating and chasing. They caught for overtime and caught again to reward their fighting spirit with a victory over the European champions, ending their winning streak of over 30 games. Although Antwerp managed to win their fourth game of the day quite comfortably against the OSI Vikings, the team had much to worry about going into the first game of Day Two against the Velociraptors Quidditch Club.
On Day Two, the determined Dodos showed their mental strength against the Raptors. After another bad start from the Antwerp chasers, Louis Lermytte and Seppe De Wit carried the team to create an outstanding and very close game. Although the Raptors won the game on a snitch catch, Antwerp might find some confidence in this result knowing they had only six of last year's A squad players on pitch. The Antwerp train got back on track and what followed was a destruction of the Brizzlebears in their last group stage game. Antwerp looked ready for a rematch against the Raptors in the final, but because of their head–to–head loss to Southampton, the Dodos just missed out on a place in the final. This was a hard blow for them, as it was the first time they did not proceed to the final of a tournament since European Quidditch Cup (EQC) 2015. However, they showed their mental resilience once again when they defeated Bristol to go home with the bronze medal.
With sloppy, non-efficient chaser play and below-average beating, the Dodos lost their heads in some games, which translated into even worse plays. This is surely something they should take home with them and work on going into their season defending the European title. The outcome of the tournament sounds upsetting with the EQC winners taking bronze. However, it should be noted that Antwerp was not at full power because of many injuries. While the Dodos can only be satisfied with the gold medal, there should be no doubt that this still very young team will go home with confidence for the rest of the European season.
Passau went to Battle Royale to measure with the best clubs in Europe. At EQC 2017, they missed out on the upper bracket, losing in-range to eventual bronze-medallists Werewolves of London in the Round of 16. In their first game at Battle Royale, they immediately met the European champions. This was not Passau's best game, as they kept losing a significant amount of beater battles and getting outplayed both in defence and offence in the chasing game. This seemed to be a good wake–up call because they managed to keep their next two games against Bristol and OSI very close. Both games were lost on a snitch catch, and this exposed Passau's main weakness – snitch on pitch. This should not be seen as a bad experience, as Battle Royale is a friendly preparation tournament, as well as a learning opportunity.
On Day Two, Passau showed their potential. Starting against the Raptors, they managed to surprise most spectators by dominating the Raptors' beating game for quite a while. Special mention for this should go to Heiner Elser and Peter Bogner, who exceeded their own level to play one of the best games of their careers. Although they still lost against the Raptors, Passau got stronger, and in their next game against London they managed to keep the quaffle score equal if not in their advantage, mainly thanks to better communication between chasers and beaters in their offence game. Sadly, they lost on snitch catch once more and ended the tournament with six losses.
The number of German players has been growing rapidly in the last couple of years, and their national structure seems to be very effective to develop the sport and support new teams. Whilst these are very good foundations to build further development, Germany is still missing something: the last step to make the international impact they are waiting for. They have a very wide arsenal of decent teams that can make top 16 in Europe, but they need one top team to compete with the best Europeans so the whole German community can pull themselves up to that level. This may be a matter of lacking some individual top talents, but these people can unveil themselves at any moment, and as we know, the structure is fully operational for this talent to come into play. There is no doubt that the German teams will become more and more impressive in the coming European seasons.
For the last two years, Southampton was kind of lost, almost forgotten. However, last weekend revealed that their chances to get to EQC are more realistic than ever.
Back in 2014-15, the UK quidditch scene was mostly dominated by university teams. That season, SQC won the British Quidditch Cup and made the semifinals of EQC. After that, Southampton lost several players due to retirements and transfers, which led to two years devoid of prestigious results when they underperformed at or missed EQC altogether.
However, this year Southampton made a remarkable return to the scene. With some returning players such as Aaron Veale and Fraser Posford, new additions such as Bex Lowe and Ben Guthrie, and veterans such as Imy Gregg, Alex Carpenter, and Anjit Aulakh, they managed to build a full–force squad. Mostly thanks to their aggressive beating, they managed to win against Antwerp in overtime, got a 20-0 lead against the Raptors in the final, and were leading against London when they lost. Additionally, they managed to win against Bristol, OSI, and Passau. This team looks ready to fight again at the top of the UK and will be a serious contender for an EQC spot this season.
Southampton will head into regionals with plenty of confidence, though it needs to be said that their silver medal can easily become a fourth place at Southern Cup. On the downside, when the beating game could not hold their dominant play, the chasers looked lost in many situations, showing poor passing and running, which resulted in lots of missed goals. The same goes for defence, which became painfully exposed when the Raptors got seven unanswered goals in the second part of the final. It will be a hard fight for SQC in the UK anyhow, but it is very nice to see them back in the running!
The key matchups going into Battle Royale II were arguably those between the three powerhouses of the UK Southern Region, and they certainly did not disappoint. Bristol Brizzlebears, Werewolves of London, and a resurgent Southampton Quidditch Club Firsts all finished with a three way tie against one another with all of these matches finishing in snitch range. With this parity and the inclusion of reigning champions Warwick Quidditch Club for Southern Cup, the race for the two available EQC spots from the region will be immensely tight should these four all make the semifinals as expected. Bristol, Werewolves, and SQC all showed signs of disjointedness that mark the start of a new season, but if any of them can improve on their weaknesses in the few weeks that remain before Southern, that may just be enough to steal a victory. Get ready for the most exciting and competitive UK regional championships ever.
The well–earned gold medal winners of this second edition of Battle Royale are the Raptors. Their victories at home were not matched by equal international success in their first season (silver at Battle Royale and a quarterfinal loss at EQC). This team will be extremely happy to start their second season with their first international tournament win. The Raptors went into the tournament disadvantaged with key players like Bill Orridge and Andrew Hull missing, but after the bad start from Antwerp it became clear that the Raptors were offered a chance to win. Seeing the younger Orridge replacing the older with ease, having Seb Waters as a mercenary player replacement for keeper Andrew Hull, and Michael Lewis' gorgeous debut for the Raptors, made this team look intimidating.
It was not all sunshine for the Raptors on Day One, though. They managed to win all of their games, but conceding 14 goals in three games does not make you unconquerable. With Tom Heynes not playing at the level we are used to, and Jay Holmes being a great leader on and off the field but lacking precision in the execution as ball carrier, James Thanangadan may have felt himself isolated in the chasing game at some points. Luckily for the Raptors, Waters played an impressive tournament at keeper and stepped his game up every time an opponent got too close.
The first game of Day Two was set to be the game to watch as the Raptors faced European champions Antwerp in the group stage. The Raptors had a strong start, taking an early lead with Waters and Lewis finding each other for goal after goal. The game looked over, but when De Wit powered through in the second part of the game with four consecutive goals, the Raptors were suddenly only leading by 10 points. It came down to a snitch catch where Raptors pulled out a deserved win, ensuring themselves a place in the final.
The last group stage game and the final did not present any problems for the Raptors. The Raptors could not imagine a better start for their season, and with regionals coming soon they can start working on their preparation for what can become their EQC. There is still a lot of work to do for Raptors since their MVP of this tournament, Waters, will return to Warwick and make space for Hull. There is no doubt that Hull is a great keeper, but it remains to be seen to what height their chasing game will develop, especially with the Raptor beaters struggling more and more this tournament.
One of the three non-UK teams attending the tournament were the OSI Vikings, a team competing at the top of Norwegian quidditch. OSI came with big hopes and dreams to this tournament, and while they did not do badly, they might have come out feeling a little disappointed. Their 1-6 record does not tell the whole story, but if one thing became clear, it is that their chasing was not quite ready for the level needed at this tournament. At first, it was sometimes painful to watch the OSI beaters dominate the game but still concede goal after goal because Vikings' passing game was nonexistent. It must be said, though, that OSI brought a lot of new quaffle players to Southampton.
OSI did play some great games, including a tight game against London, where they lost 90*-50, and a very much needed win over Passau. This is due mainly to the dominant beating of the OSI female beaters with Mette Sundal playing an outstanding tournament. They struggled more against teams with a better organised chaser defence; they were played out of range in almost every game because they could not capitalise on their opportunities.
If there is one thing OSI should learn from this tournament, it is that scoring only in no-bludger situations with hero runs will not suffice at the international level. There is potential in their new recruits who improved throughout the tournament, but when playing with such high–level beaters on the team it can be very tempting to rely on them in offence. This prevents chasers from developing their skills. If OSI works on this and creates some more tactics in their chasing game, they might be able to do more than just winning the Oslo Open, they might even get into the upper bracket at EQC 2018. This seems unlikely however, since they may lack experience on this matter in the team, but it is their job to prove everyone wrong in the upcoming season.
The second edition of Battle Royale can be considered a huge success. Last year, the tournament format went down well with the players and showed it can be a platform for promising high-level teams (such as Antwerp themselves). It was therefore no surprise that there was more international interest in this second edition. Going from one non-UK team to three while knowing Titans Paris and Liège Leviathans sadly dropped out at the last minute is a huge step. This, together with most of the UK teams that attended last year, promised to be a very interesting tournament.
Those who attended were not disappointed, as upsets happened everywhere. Southampton beat Antwerp, Passau was even on quaffle points against London and Bristol, Bristol beat London, and the Raptors defeated Antwerp in a spectacular game ㅡ and this is only a glimpse of everything that happened. Every single team, whether it came first or seventh, returned home with new motivation and information on what things to work on coming season.
The tournament ran smoothly thanks to the great leadership of Southampton's coordinator Kerry Aziz and pitch manager Betsy Lewin-Leigh; thank you to all of the volunteers of the playing teams, as most games had four assistant referees.
This tournament seems like the ideal start of the season for international quidditch, and we can not wait for the third edition. The only struggle Southampton may find next year is having enough teams willing to attend. Due to this and to the logistics of the current venue, they might be wise to restrict the number of attending teams to around eight.


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Jarvis Cocker's 10 Favorite Music Books
As founder and frontman of Britpop powerhouse Pulp, Jarvis Cocker became an icon of alt-90s music. Following the band's hiatus, Cocker's led a successful solo career, and spent seven years hosting the much-loved BBC Radio 6 Music show Jarvis Cocker's Sunday Service.
In a list of his top ten books on music for The Guardian, Cocker reflected on the futility of putting song into words:
"'It's impossible to write about music' – I once began an interview with a music journalist with that statement. He probably thought that I was being wilfully confrontational, but I was really trying to sympathize with his position of trying to define something that can never be adequately defined due to its essential nature. It's nothing to do with the skill of the writer – it's just an enterprise that is always doomed to failure. Sorry. That said, there have been some pretty noble failures…"
Find Cocker's favorite 'failures' below – and complement with the reading lists of David Bowie, David Byrne, Kurt Cobain, Lou Reed, and Nick Cave.
Awopbopaloobop Alopbamboom: The Golden Age of Rock by Nik Cohn (also rec'd by David Bowie)
"The original title for this book was 'Pop From the Beginning' and that pretty much sums it up. Nik Cohn was only just out of his teens when he wrote it & it's the best book to read if you want to get some idea of the original, primal energy of pop music. Loads of unfounded, biased assertions that almost always turn out to be right. He went on to provide the inspiration for 'Saturday Night Fever' (Hurrah!) & 'Tommy' (Boo!) but this is still his best book. Absolutely essential." -JC
Tales from Moominvalley by Tove Jansson
"Specifically the story called 'The Spring Tune' – the best description I've read about the elusive nature of the tunes that we carry around in our heads and how we must be careful as to how and when we try to 'harvest' them. All songwriters need to read this story." -JC
The Heart Is a Lonely Hunter by Carson McCullers (also rec'd by Gloria Steinem)
"I ripped this off royally for the song 'Big Julie' from my first solo album. The description of Mick Kelly hearing Beethoven's 3rd symphony for the first time, whilst hiding beneath a neighbour's window & eavesdropping on their radio, is still the only piece of writing I've found that comes close to describing the effect that a great piece of music has on the human organism. The rest of the book isn't bad either…" -JC
Liverpool Explodes by Mark Cooper
"Before he became responsible for Later… and the bulk of the BBC's music output, Mark Cooper wrote this affectionate & hilarious account of the early 1980s music scene in Liverpool & specifically the careers of The Teardrop Explodes and Echo and the Bunnymen. Unfortunately out of print at the mo…. You could console yourself by reading 45 by Bill Drummond which features some of the same characters. (And is also an immense book in its own right)." -JC
The Beatles Illustrated Lyrics edited by John Aldridge
"This is the first music book I was ever aware of – I spent hours of my childhood poring over the illustrations: some scared me, some turned me on, I was convinced that the photo that accompanies 'Strawberry Fields Forever' was of me and my sister. I still get lost in it sometimes." -JC
"There's a section when Hank and Leland Stamper have an argument about jazz and Leland tells Hank that the reason he can't handle John Coltrane is cos it's too 'black' for him – then he goes and smokes a joint. It's good to read Tom Wolfe's The Electric Kool-Aid Acid Test in tandem with this. Kesey is king." -JC
The Favourite Game by Leonard Cohen
"We all know Leonard Cohen is The Don: perhaps the ONLY true musician/poet/novelist ever. This is his first novel and there is a great section where he describes driving through the Canadian night listening to Pat Boone singing 'I Almost Lost My Mind' which totally captures the essence of teenage years and their infatuation with all things Rock." -JC
Mingering Mike: The Amazing Career of an Imaginary Soul Superstar by Dori Hadar
"This is the place where Outsider Art and Record Collecting meet: one day a DJ was 'crate-digging' – searching through piles of old vinyl in search of hidden treasures – when he discovered a cache of hand-made covers with cardboard 'records' inside. Mingering Mike had finally been discovered! Mingering Mike was the alter-ego of Mike Stevens and this book tells his story and reproduces the handmade artwork of the albums that comprised his imaginary career as a soul superstar." -JC
Enjoy the Experience: Homemade Records 1958-1992 by Gregg Turkington & Will Louviere
"Another outsider experience: a collection of sleeves from 'private-press' albums dating from the 50s through to the 90s. For a price, anyone could have their album pressed on vinyl and housed in a sleeve of their own design. The results are often hilarious – but, in conjunction with the download links to some of the music featured on the records – you will be introduced to a raw, unfiltered mode of expression often missing from commercial releases. Enjoy indeed." -JC
Yeah, Yeah, Yeah by Bob Stanley
"If Nik Cohn's book is 'Pop from the Beginning' then maybe Bob Stanley's work should be retitled 'Pop at the End'. He valiantly attempts to encompass all developments and movements in pop as captured during the age of the 7″ 45rpm single. With the death of the singles chart as a national pastime, Stanley seems to imply that some kind of golden age has come to an end. Reluctantly, I guess I kind of have to agree with him. You can prove me wrong if you like, though." -JC
(via The Guardian)
carson mccullersjarvis cockerleonard cohen
Limited Series Adaptation of Stephen King's CARRIE in the Works at FX and MGM Television
Top 10 Things Making A Comeback In 2020


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If huge jackpots are your thing, then you should look no further than progressive slots. You see, there are no fixed jackpots on these; instead, every time a player spins the reels a progressive jackpot increases. And since so many people can play a progressive slot around the world thanks to the internet, the prize money keeps rising. Microgaming's Megah Moolah is a case in point. Winners of the top prize in this game, such as British solider Jon Heywood (who won £13.2 million from a 25p bet in 2015), have entered the Guinness Book of Records for the biggest online slot wins of all time. One drawback with progressive slots, however, is the odds, or return to player (RTP), is quite low compared with other games.
With graphics and strong narratives, 3D slots play like contemporary computer games. For instance, Enchanted is a 3D slot from Betsoft with ogres, wizards and other mythical features. There a four characters in this game – Elrid, Feera, Rufus and Tonk – and you have to do things like drop magical spells during the bonus rounds. But Enchanted also operates like a regular slot with 5 reels, 30 paylines, free spins and huge payouts.
We hope that you've enjoyed our look at slot types and if you've a few minutes to spare, why not give one of them a few spins?
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Peter Dixon wants midtowners to know Paradise Comics is more of a bookstore with a comic book theme, rather than just a comic book store.
Paradise Comics celebrated its most important holiday on May 7: Free Comic Book Day.
Is comic book phobia a midtown affliction?
I never pass up an opportunity to visit comic book conventions in this city.
Toronto artist Marcus To, known for his work on DC Comics' Batwing and Red Robin, and colourist Ian Herring, launch the comic Hacktivist at Paradise Comics.
As our fathers get older, it gets tougher to find special gifts come Christmastime.
It's October, a time for harvest.


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Asylum seekers celebrate heritage at Asian Cup
Published: Friday, 06 February 2015 16:01
Asylum seeker Abiat is originally from Iran but he and his Iranian friends threw their support behind Qatar during the Iran v Qatar match of the Asian Cup.
"We knew Iran would have many supporters, so we went along to cheer for Qatar," Abiat said. "Iranian people have the same roots as Qatari people, and people from other countries surrounding Iran. We are happy to show support for all our neighbours."
Asylum Seekers like Abiat have celebrated their heritage at the Asian Cup.
Abiat has joined dozens of Settlement Services International's (SSI) asylum seeker and refugee clients at Asian Cup matches, thanks to tickets donated by Multicultural NSW.
At the game, Abiat and his friends waved Qatari flags and held up a larger flag displaying a green star. He explained: "the flag is a symbolic thing – Iran is made up of many people from different cultures, Turkish, Kurdish, Arabic, etc. The flag shows unity; that despite being from different cultures, we all share a heritage."
"Soccer is something everyone is interested in," said Abiat. "Since we were young, everyone I know has followed it. But this [live Asian Cup] match was the first time we had been to something like that. There was a huge crowd. We enjoyed it tremendously. And although we were supporting Qatar, we were very happy when Iran won the match."
SSI CEO Violet Roumeliotis said Abiat's views demonstrated soccer's ability to bring people from around the globe together.
"Many of the refugees and asylum seekers supported by SSI have a relationship with soccer, whether that is as a player or fan or someone who has always wanted to participate but never had the opportunity to," Ms Roumeliotis said.
"This sport allows people from all walks of life to come together around a shared passion, to celebrate one of the many commonalities between us all."
Talar Hagob Syrian graphic design teacher secures a role with Australia for UNHCR
Being witness to acts of war as an adolescent has increased the maturity of 22-year-old graphic design teacher Talar Hagob, who has recently secured part-time employment with Australia for UNHCR.


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NBC Sports Northwest
Chris Simms ranks Seahawks Russell Wilson as NFL's second-best QB behind Patrick Mahomes
Joe Fann
June 26, 2020, 11:03 AM ·2 min read
Russell Wilson has been getting some well-deserved love lately.
A few weeks ago, Wilson was selected second-overall in ESPN's re-draft of all NFL players.
This week, Chris Simms ranked Wilson as his second-best QB.
With the #SimmsTop40QB Countdown revealed, Thursday's pod with @FareedNBCS is all about your questions. #AskMeAnything pic.twitter.com/yvbv6cPWaw
— Chris Simms (@CSimmsQB) June 25, 2020
In both instances, Wilson fell second to only Patrick Mahomes. The Chiefs quarterback has had an incredible two-year run of winning the NFL's MVP award in 2018 and winning the Super Bowl MVP award in 2019.
Meanwhile, Wilson hasn't made it back to a Super Bowl since 2014 and he's yet to receive a single vote for MVP. That second part is quite remarkable given Wilson's tremendous level of production and success in his eight NFL seasons.
The conversation of Mahomes vs. Wilson is an interesting one. A vast majority of NFL fans and media, myself included, would pick Mahomes as the NFL's best QB. But Wilson does have a case, and I think he was aptly ranked No. 2 by both Simms and ESPN. The hardest part of having the debate is the stark differences in the Chiefs offense vs. the Seahawks offense. Andy Reid's system has always been quarterback friendly, and he went full air-raid mode upon drafting Mahomes. Reid making tweaks to his offense in order to cater to Mahomes' strengths shouldn't be used as a case against picking the Chiefs QB.
In the same vein, Wilson's case shouldn't be tarnished by Seattle's continued run-first approach. Wilson's importance and value to the Seahawks is more apparent than ever. Each year, the conversation turns away from "Wilson helps the Seahawks win" and toward "the Seahawks win because of Wilson."
Would Wilson have similar numbers if the quarterbacks switched locations and Wilson was inserted into Reid's offense? Maybe, but it's impossible to know for sure, which makes comparing the two QBs so challenging.
Wilson is still in the heart of his prime, and there's no reason to believe he's already played his best football given his year-over-year improvement to this point. We very well might be revisiting this Mahomes vs. Wilson discussion should the Seahawks QB win MVP in 2020 or lead the Seahawks back to the Super Bowl.
Chris Simms ranks Seahawks Russell Wilson as NFL's second-best QB behind Patrick Mahomes originally appeared on NBC Sports Northwest
These women are bringing a new look to the classic shoe.
Marti Gould Cummings gives their husband a retro-inspired drag makeover
Blake becomes the retro-inspired Emma Tallgal in this episode of "Dragged."


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Classically Trained Painter Elizabeth Colomba Paints the Women Art History Ignored
Meet the Former Olympic Soccer Player Who Made History Calling the Men's World Cup
Janelle Monáe's Ready to Burn Sh*t Down
Ariana Grande Wrote an Emotional Letter to Fans After Crying On-Stage During Tour
This Is the Reason Behind John F. Kennedy Jr. and Carolyn Bessette's Infamous Public Screaming Match
Meet the Music Mogul Bringing Motown Back
9 hrs ago Patricia Arquette and Patti Hansen Talk Love, Friendship, and Work After 50
Why Brené Brown's Vulnerability TED Talk Has Been Viewed Over 41 Million Times
Meet the Artist Who Body Painted Ariana Grande for "God is a Woman"
Badass Women celebrates women who show up, speak up, and get things done.
By Shalayne Pulia
Updated: Dec 27, 2018 @ 2:04 pm
Before Alexa Meade answered the call to body paint Ariana Grande for her Grammy-nominated "God is a Woman" music video, she was focused on a career in politics. The Washington D.C. native pivoted to painting after an art class elective in college. She's transformed her fascination with 2D representations of 3D life into her very own style of art, drawing a vast array of fans in the process.
"I've had my work in museums and exhibited in fine art galleries, but then again, I also have teenagers putting pink lipstick on their cheeks to try to look like my painting of Ariana Grande. Seeing the range of people who come to my artwork is amazing," she says. "My greatest legacy would be working across disciplines and creating work that might not have a label, but that speaks to people in new ways. You just have to see it, experience it, and take the inspiration from it as it speaks to you."
RELATED: How to Make it in the Art World, According to Jenner-Favorite Beau Dunn
Accidental artist: "I was an artistic kid, but I never thought I could be an artist," Meade admits. An elective art class in college changed her mind. Before long, Meade was teaching herself how to paint and developing her own unique style by painting real-world objects and people.
@arianagrande thank you for being such an incredible, inspiring woman to paint and have as the greatest muse! You're unbelievably talented and you bring so much light into the world! It's been a huge honor #giaw #godisawoman @dave_meyers @freenjoy @dontworryitssheila 📷 by @alfredoflores
A post shared by Alexa Meade (@alexameadeart) on Jul 13, 2018 at 7:38pm PDT
Politics to painting: Meade interned on Capitol Hill for four summers and worked on a half-dozen campaigns (including Barak Obama's), setting up a very neat and orderly trajectory for her future career. When she finally found her true calling, it wasn't all that easy to switch gears.
"When I first started making my art after I graduated from college, I was really embarrassed to tell people that I was an artist. When people asked me what I did, I would say, 'I'm an artist, but really that's a euphemism for being unemployed,'" Meade says. "Now the thing that means the most to me is just that I'm creating and I'm just in bliss. That's more important to me than my parents or other people seeing me as a success."
Points of pride: Meade's current Rodeo Drive exhibit, which closes at the end of the year, invites visitors to put on painted clothes and watch painted musicians perform. "We've been getting 1,000 people every day," Meade says. She's also exceptionally proud of her work with Ariana Grande for her iconic "God is a Woman" video. "It was really exciting working with her. I love her music. She's really a big inspiration for me," Meade says. "I was excited and absolutely terrified going into it because I knew that I had to get this right and also I wanted to challenge myself outside of what I would normally do." The video, inspired by a collaboration Mead had previously done with performance artist Sheila Vand, earned a Grammy nomination in December.
Toughest part: Unlike many artists, who can let a piece rest while taking a mental break from their work, Meade paints live, which presents its own set of challenges. "It's hard because if I don't have a good day at the studio, it's not like I can go back and say okay, well, I'll fix it tomorrow or let me get some fresh eyes on it because once the painting is done, it's over and I need to just accept that whatever was created is the final product." But Meade says she wouldn't have it any other way. "It does really force me to be focused and pull something out me I didn't know was in there, which is very intense."
Meade says she struggles to describe the work that she does to people who haven't seen it. "The largest thing that stood in my way is that I don't have a name for my style of painting," she says. "There aren't words to describe it succinctly and I think that when you're doing something new, people don't quite know how to wrap their heads around it, so it's really easy to glaze over."
Doing it her way: "I've had a lot of people tell me, 'Wow you've reached a large audience of people with your paintings on humans, what if you now start painting on canvas and then people can buy and collect your artwork?' and I'm like, 'You just missed the whole point of what has gotten me to this place of notoriety: not doing exactly what everyone else is doing.'"
Art for everyone: "I think a lot of people feel that [art] is not for them, whether it's the ability to create artwork themselves or the feeling of being intimidated going into a gallery or museum space that requires some sort of background knowledge rather than just having a human experience with art," Meade says. "I think that the art that you appreciate is art that is good. I know so many people who are like, 'Oh I like to paint, but I don't do it because it doesn't turn out very well.' If you want to paint something, it doesn't matter whether other people like it or not."
Insatiable: "There have been so many times where I think that once I reach this I'll be happy and I'll be successful and I'll known I've made it," Meade says. "And then I'll get there and I'll feel really proud, but then I'll be like, 'Okay cool, now I want to take over the world.' I've had to be content with the understanding that I'm never going to be content."


The film is raw footage from a dive using MIR1 and MIR2 to the Titanic wreckage. The film begins with a view of the bow exterior of the Titanic lit by MIR2 light. Content includes railing on the bow, starboard, and port side, collapsed decks, capstan, and steering stand. The steering stand is filmed from various camera angles and with white and yellow lights.


THE PROJECT HATE MCMXCIX — the Swedish band featuring Jörgen Sandström (vocals; VICIOUS ART, KRUX, ex-ENTOMBED, GRAVE), Lord K. Philipson (guitar; TORTURE DIVISION, ex-GOD AMONG INSECTS, HOUSE OF USHER, LEUKEMIA) and Anders Bertilsson (guitar; COLDWORKER), has parted ways with bassist Michael Håkansson (ex-ENGEL, EVERGREY), singer Jo Enckell (SIREN ON), and drummer Thomas Ohlsson (ex-KAMTJATKA, AXENSTAR, SEVEN WISHES, CELLOUT).
Commented Philipson: "Many [fans] will wonder why Jo is relieved of duty after all these years. It's simple — we have done fantastic albums with her since 'Hate, Dominate Congregate, Eliminate' some seven years ago, but now we feel it's time to go for another type of vocals when it comes to the female parts. We are looking for something else to further enhance our sound. And we have found it. In fucken Portugal, of all places.
"Let us introduce Ms. Roque [a.k.a. Ruby Roque of WITCHBREED] to the fold. A killer chick with an absolutely fantastic voice, including range, dynamics and power. Ms. Roque [pictured below] is destined to make her mark in THE PROJECT HATE history with the strongest vocals we have ever had."
Regarding Ohlsson's exit and the decision to enlist Tobben Gustafsson of TORTURE DIVISION and VOMITORY fame as his replacement, Philipson stated, "It dawned on us some time ago; why the hell isn't [Gustafsson, who happens to be] one of our fave drummers and best friends playing drums for THE PROJECT HATE? We know what this guy is capable of and it's safe to say we'll get the finest drumming of our career with the next album by having Golden T on it. As said before, his nickname isn't fucken Golden for nothing, you know."
On the topic of Håkansson's departure, Philipson said, "We haven't heard from Michael Håkansson in quite some time. We actually don't even know what he thinks about the latest album. Whatever he's doing (probably repairing motorcycles and whatnot), we wish him the best, 'coz Michael is one terrific guy. He didn't play on [the latest THE PROJECT HATE album, 'The Lustrate Process'] and [I don't] mind doing bass so [I'll] do that on the coming albums as [I] used to before Michael entered the HATE fold on 'Armageddon' and 'Hora'."
THE PROJECT HATE is currently working on the material for its seventh album. According to Philipson, "Things are going really well with the songwriting and we are not walking away from the formula that's made us achieve recognition." He added, "We won't guess when all the material for this album will be completed but let us state that we are far into the process. We will work harder than ever before on this coming, guaranteed-to-be masterpiece. And trust us — it will be downright fucken phenomenal."
"The Lustrate Process" was released last July via Vic Records. The CD was mixed and mastered by Dan Swanö at Unisound in Örebro, Sweden. The artwork and booklet design was handled by Statik Majik.


To be cited as: CISG-AC Opinion no 3, Parol Evidence Rule, Plain Meaning Rule, Contractual Merger Clause and the CISG, 23 October 2004. Rapporteur: Professor Richard Hyland, Rutgers Law School, Camden, NJ, USA.
Adopted by the CISG-AC on its 7th meeting in Madrid with no dissent. Reproduction of this opinion is authorized.
The opinion is dedicated to the memory of our dear friend, colleague, and teacher Allan Farnsworth who passed away on 31 January 2005.
1. The Parol Evidence Rule has not been incorporated into the CISG. The CISG governs the role and weight to be ascribed to contractual writing.
2. In some common law jurisdictions, the Plain Meaning Rule prevents a court from considering evidence outside a seemingly unambiguous writing for purposes of contractual interpretation. The Plain Meaning Rule does not apply under the CISG.
3. A Merger Clause, also referred to as an Entire Agreement Clause, when in a contract governed by the CISG, derogates from norms of interpretation and evidence contained in the CISG. The effect may be to prevent a party from relying on evidence of statements or agreements not contained in the writing. Moreover, if the parties so intend, a Merger Clause may bar evidence of trade usages.
However, in determining the effect of such a Merger Clause, the parties' statements and negotiations, as well as all other relevant circumstances shall be taken into account.
1.1.1. The CISG provides norms and principles for the interpretation and evidence of international sales transactions. These include Article 8, which generally permits all relevant circumstances to be considered in the course of contract interpretation, Article 9, which incorporates certain usages into the contract, and Article 11, which indicates that a contract and its terms may be proved by any means, including by witnesses. These rules prevail over domestic rules on interpretation and evidence of contractual agreements. Since these are default rules, Article 6 permits the parties to derogate from them or vary their effect.
1.1.2. Article 6 permits the parties to derogate from them or vary their effect, e.g., by merger clauses. This Opinion considers some issues that arise when a court or tribunal is asked to determine whether the parties intended by a merger clause to derogate from the Convention's norms governing contract interpretation.
1.2.1. The Parol Evidence Rule refers to the principles which common law courts have developed for the purpose of determining the role and weight to ascribe to contractual writings. The basic purpose of these principles is "to preserve the integrity of written contracts by refusing to allow the admission of [prior] oral statements or previous correspondence to contradict the written agreement." In order to allow the intent of the writing to prevail, the judge may exclude what is known as extrinsic or parol evidence, particularly statements made during the negotiations. The Parol Evidence Rule applies to the general law of contracts, including the sale of goods law of common law jurisdictions.
1.2.2. The Parol Evidence Rule is believed to have developed as a method for judges to prevent common law juries from ignoring credible and reliable written evidence of the contract. The US legal system maintains the right to a jury trial in civil matters, and most civil jury trials take place in the United States. As a result, the Parol Evidence Rule has become more important in US law than in other common law systems.
1.2.3. The Parol Evidence Rule comes into play when two circumstances meet. First, the agreement has been reduced to writing. Second, one of the parties seeks to present extrinsic or parol evidence to the fact finder. Extrinsic or parol evidence includes evidence of the negotiations or of agreements related to the contractual subject matter which was not incorporated into the written contract. A typical case involves representations made during the negotiations by Seller or Seller's representatives regarding the quality of the goods. Under the Parol Evidence Rule, Seller may ask the tribunal to bar introduction of evidence of any representations not incorporated into the written contract.
1.2.4.	In English law, the Parol Evidence Rule involves a rebuttable presumption that the writing was intended to include all the terms of the contract. English courts first examine the writing to determine whether it was meant to serve as a true record of the contract. Thus, under English law, the party relying on a writing has the benefit that, when the writing appears to be complete, it is presumed to represent the complete contract, subject to the other party's right of rebuttal.
1.2.5	In US law, the Parol Evidence Rule operates in two steps. A US court asks first whether the writing was "integrated," meaning whether the writing was intended to represent the final expression of the terms it contains. The parties' notes, or a mere draft of the agreement, for example, would usually be deemed not to be integrated. A writing signed by the parties and containing detailed specifications will usually be found to be integrated. If the writing is integrated, neither party may introduce parol evidence to contradict the terms of the writing. If the writing is deemed to be integrated, the second step is to determine whether it is "completely integrated," namely whether it was intended to represent the complete expression of the parties' agreement. If the writing is completely integrated, parol evidence may not be introduced either to contradict or to supplement the writing's terms.
1.2.6.	Different methods are used in US law to determine whether a writing is completely integrated. Some courts engage in a conclusive presumption that a writing fully incorporates the contract. Other courts presume that the writing is completely integrated unless, by its terms, it refers to factors beyond its four corners. Still other courts allow evidence of extrinsic circumstances, though not of the preliminary negotiations, when considering whether the writing is integrated. Perhaps the most liberal method is that proposed by the Restatement (Second) of Contracts--all extrinsic evidence, including the negotiations, may be considered when determining whether the parties intended the writing to be the complete and final statement of their obligations. US sales law has adopted a similarly liberal approach.
1.2.7.	The Parol Evidence Rule was designed to serve both an evidentiary and a channeling function, but its efficacy has often been challenged. The evidentiary function serves to protect a contractual writing against perjured or unreliable testimony regarding parol terms. The channeling function excludes prior agreements that have been superseded or merged into the writing. Despite its name, the Parol Evidence Rule is a substantive rule of contract interpretation rather than a rule of evidence. The Parol Evidence Rule therefore applies when the substantive law governing the contract contains a Parol Evidence Rule.
1.2.8.	The civil law generally does not have jury trials in civil cases  and civilian jurisdictions usually do not place limits on the kind of evidence admissible to prove contracts between merchants. Though the French Civil Code, for example, incorporates a version of the Parol Evidence Rule for ordinary contracts, all forms of proof are generally available against merchants. In German law, no Parol Evidence Rule exists for either civil or commercial contracts, though German law presumes that a contractual writing is accurate and complete. This is also the case in other laws, e.g., Japanese law and Scandinavian laws.
1.2.9.	Statements, agreements, and conduct that arise after the conclusion of the writing are treated differently in the different common law systems. In US law, they are not considered parol evidence and are therefore not barred by the Parol Evidence Rule. English law, on the contrary, attempts to avoid the situation in which a contract's meaning when concluded varies at a later date. Therefore, English law does not permit evidence of the parties' statements or conduct after the conclusion of the contract to impact the issue of contract interpretation.
Even when the Parol Evidence Rule bars parol evidence for purposes of contradicting or supplementing a contract's terms, parol evidence is generally still admissible for the purpose of interpreting terms found in the writing. Nonetheless, a US law doctrine known as the Plain Meaning Rule, where adopted, bars extrinsic evidence, particularly evidence of prior negotiations, for the purposes of interpreting a contract, unless the term in question has first been found to be ambiguous. In contrast to the Parol Evidence Rule, the Plain Meaning Rule concerns only contract interpretation and does not purport to bar contradictory or supplementary terms. The Plain Meaning Rule is based on the proposition that, when language is sufficiently clear, its meaning can be conclusively determined without recourse to extrinsic evidence. Under the Plain Meaning Rule, the preliminary analysis concerns whether the contract term in dispute is clear. Only if the term is deemed ambiguous, may evidence of prior negotiations be admitted for purposes of clarification.
The parties may wish to assure themselves that reliance will not be placed on representations made prior to the execution of the writing. The Merger or Entire Agreement Clause (the "Merger Clause") has been developed to achieve certainty in this regard. The Merger Clause, which usually appears among the concluding terms of a written agreement, provides that the writing contains the entire agreement of the parties and that neither party may rely on representations made outside the writing.
2.1. The CISG includes no version of the Parol Evidence Rule. To the contrary, several CISG provisions provide that statements and other relevant circumstances are to be considered when determining the effect of a contract and its terms. The most important of these are Articles 8 and 11.
2.2. Article 11 sentence 2 provides that a party may seek to prove that a statement has become a term of the contract by any means, including by the statements of witnesses. Article 8 concerns contract interpretation. Article 8(1) provides that, in certain circumstances, contracts are to be interpreted according to actual intent. When the inquiry into subjective intent proves insufficient, Article 8(2) provides that statements and conduct are to be interpreted from the point of view of a reasonable person. This evaluation according to Article 8(3) takes into account all relevant circumstances of the case, including the negotiations, any course of conduct or performance between the parties, any relevant usages, and subsequent conduct of the parties. Thus Article 8 allows that extrinsic evidence may generally be considered when determining the meaning of a contractual term. In sum, the CISG indicates that a writing is one, but only one, of many circumstances to be considered when establishing and interpreting the terms of a contract.
2.3. The Convention's legislative history is in accord. A version of the Parol Evidence Rule was proposed by the Canadian delegate in Vienna. The proposal was justified as a means to limit admissible evidence in those cases in which the parties had chosen to reduce their agreement to writing. The Austrian Representative indicated that his delegation opposed the amendment because it "was aimed at limiting the free appreciation of evidence" by the judge. To prevent a judge from reviewing all the evidence would violate a "fundamental principle of Austrian law." The Representative from Japan also opposed the amendment, which he characterized as a "restatement of the rule on extrinsic evidence which prevailed in English-speaking common-law countries." The only other nation to speak in support of the proposal was Iraq. The amendment received little support and was rejected.
2.4. There were several practical reasons for not including a Parol Evidence Rule in the CISG. First, most of the world's legal systems admit all relevant evidence in contract litigation. Secondly, the Parol Evidence Rule, especially as it operates in the United States, is characterized by great variation and extreme complexity. It has also been the subject of constant criticism.
2.5. Since the Convention has specifically resolved questions governed by the common law Parol Evidence Rule, there can be no question of a gap in the CISG, and no grounds for recourse to non-uniform domestic law. The Parol Evidence Rule therefore does not apply when the CISG governs a contract. US courts have so held.
2.6. The leading US case is MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino, S.p.A. D'Agostino, the Italian seller, agreed to sell the buyer, MCC-Marble, a Florida company, the buyer's requirements in ceramic tile. After MCC-Marble refused to make certain monthly payments, D'Agostino refused to fill remaining orders. MCC-Marble sued for breach. D'Agostino defended on the basis of the payment default. D'Agostino pointed to pre-printed terms on the verso of the written contract which gave D'Agostino the right to cancel the agreement if MCC failed to make payment. At trial, MCC-Marble sought to introduce evidence from the parties' negotiations to prove that the agreement did not include the pre-printed terms. The trial court applied the Parol Evidence Rule and granted summary judgment for the seller. The Eleventh Circuit reversed, holding that the Parol Evidence Rule does not apply when a contract is governed by the CISG.
2.7. Though the Parol Evidence Rule does not apply to contracts governed by the CISG, similar policy considerations are incorporated into the CISG itself. The principal purpose of the Parol Evidence Rule is to respect the importance the parties may have accorded to their writing. Under the Convention as well, a writing constitutes an important fact of a transaction - it must be presumed to fulfill a function, otherwise it would not have been employed. One of the goals of contract interpretation is to determine the role the writing was designed to play. The commentators agree that a contractual writing will often receive special consideration under the CISG.
2.8. The special role of a writing, however, must be construed in accordance with the general principles that govern the CISG. The parties' intent with regard to the role of their writing is due the same respect as any other element of their intent. The principles of Article 8 are to be used to determine that intent. If the parties intended their writing as the sole manifestation of their obligations, prior negotiations and other extrinsic circumstances should not be considered during contract interpretation. However, Articles 8 and 11 express the general principle that writings are not to be presumed to be "integrations".
3.1. The majority jurisdictions in the United States retain some version of the Plain Meaning rule in their common law, though it has been rejected by other of the United States as well as by the Restatement (Second) of Contracts, and the Uniform Commercial Code. The Unidroit Principles of International Commercial Contracts also reject the Plain Meaning Rule, by providing that, even in the presence of a Merger Clause, prior statements or agreements may be used to interpret a writing.
3.2. Article 8 specifies the Convention's method for contract interpretation. As a general rule, Article 8 mandates that all facts and circumstances of the case, including the parties' negotiations, are to be considered during the course of contract interpretation. The writing constitutes one of those factors, and though always important, it is not the exclusive factor. Words are almost never unambiguous. Moreover, the application of the Plain Meaning Rule would impede one of the basic goals of contract interpretation under the CISG, which is to focus on the parties' actual intent. If contract terms are deemed to be unambiguous, the Plain Meaning Rule would prevent presentation of other proof of the parties' intent.
3.3. Under the CISG, therefore, the fact that the meaning of the writing seems unambiguous does not bar recourse to extrinsic evidence to assist in ascertaining the parties' intent.
A Merger Clause, also referred to as an Entire Agreement Clause, when in a contract governed by the CISG, derogates from norms of interpretation and evidence contained in the CISG. The effect may be to prevent a party from relying on evidence of statements or agreements not contained in the writing. Moreover, if the parties so intend, a Merger Clause may bar evidence of trade usages.
4.1. When the parties agree to a Merger Clause, its effect may be to derogate under Article 6 from norms of interpretation and evidence contained in the CISG. In this regard Merger Clauses have two objectives. The first objective is to bar extrinsic evidence that would otherwise supplement or contradict the terms of the writing. Such Merger Clauses mainly derogate from Article 11, which provides that a sales contract may be proved by any means, including witnesses. The second objective is to prevent recourse to extrinsic evidence for the purpose of contract interpretation. This objective would constitute a derogation from the Convention's canons of interpretation incorporated in Article 8. Under the CISG the extent to which a Merger Clause accomplishes one or both of these purposes is a question of interpretation of this clause.
4.2. Several issues in relation to Merger Clauses are dealt with in international uniform law instruments, such as the UNIDROIT Principles and the Principles of European Contract Law.
4.3. The Unidroit Principles of International Commercial Contracts expressly recognize Merger Clauses. Under the Unidroit Principles, though prior statements and agreements may not be used to contradict or supplement a writing that contains a Merger Clause, such statements and agreements may be used for purposes of interpreting the contract.
4.4. Article 2:105 of the Principles of European Contract Law distinguishes between Merger Clauses that result from individual negotiation and those that do not. If the Merger Clause is individually negotiated, prior statements, undertakings or agreements that are not embodied in the writing do not form part of the contract. If it has not been individually negotiated, the Merger Clause merely establishes a presumption that the prior statements and agreements were not intended to become part of the contract. The presumption may be rebutted. Furthermore, the European Principles provide that a party may, by its statements or conduct, be precluded from asserting a Merger Clause to the extent that the other party has reasonably relied on those statements or that conduct.
4.5. The CISG does not deal with Merger Clauses and therefore does not contain similar distinctions. Indeed, the dividing line may be blurred. Under the CISG there is authority for the proposition that a properly worded Merger Clause bars the consideration of extrinsic evidence. However, extrinsic evidence should not be excluded, unless the parties actually intended the Merger Clause to have this effect. The question is to be resolved by reference to the criteria enunciated in Article 8, without reference to national law. Article 8 requires an examination of all relevant facts and circumstances when deciding whether the Merger Clause represents the parties' intent.
4.6. Under the CISG, a Merger Clause does not generally have the effect of excluding extrinsic evidence for purposes of contract interpretation. However, the Merger Clause may prevent recourse to extrinsic evidence for this purpose if specific wording, together with all other relevant factors, make clear the parties' intent to derogate from Article 8 for purposes of contract interpretation.
4.7.	Article 9 requires a court or tribunal to consider a number of factors when determining whether usages have been agreed or trade practices have been established between the parties. A Merger Clause generally will not be held to exclude trade usages relevant under Article 9(1) or established practices concerning the implicit background of the transaction unless those usages and practices are specifically mentioned.
For more information please contact <L.Mistelis@qmul.ac.uk>.
"1. By holding that the CISG permits a court to abandon the parol evidence rule, which generally bars 'evidence of any prior agreement' (UCC 2-202), the Eleventh Circuit has introduced what may be an unnecessary degree of uncertainty in the drafting of contracts. If the MCC-Marble rule prevails, there is no certainty that the provisions of even the most carefully negotiated and drafted contract will be determinative.
3. Does the 'plain meaning rule' apply under the CISG?
4. Would a merger clause invoke the parol evidence rule under the CISG, regardless of whether the rule would otherwise be applicable?"
3. Unless a state has made a reservation under Article 96.
4. Larry DiMatteo, The Law of International Contracting 212 (2000).
5. For example, the Parol Evidence Rule has been incorporated into the sales law of the US Uniform Commercial Code: "Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented (a) by course of performance, course of dealing, or usage of trade (Section 1-303), and (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement." UCC � 2-202.
6. Charles McCormick, Handbook of the Law of Evidence �� 210-11 (1954).
7. Edward J Imwinkelried, "A Comparative Critique of the Interface between Hearsay and Expert Opinion in American Evidence Law, 33 Boston College Law Review 1 (1991) at 34.
8. G. H. Treitel, The Law of Contract, 192 (11th ed. 2003).
11. See E. Allan Farnsworth, Contracts, � 7.3 (3rd ed. 1999).
12. Peter Linzer, "The Comfort of Certainty: Plain Meaning and the Parol Evidence Rule," 71 Fordham L. Rev. 799, 805-06 (2002).
13. Restatement (Second) of Contracts � 214 (1981).
14. For example, the fact that a writing contains detailed specifications does not create a presumption that it is completely integrated. "This section definitely rejects . . . [a]ny assumption that because a writing has been worked out which is final on some matters, it is to be taken as including all the matters agreed upon . . . ." UCC � 2-202 comment 1 (a).
15. John Calamari & Joseph Perillo, Contracts � 3.2 at 123 (4th ed. 1998).
16. See MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino, S.p.A., 114 F.3d 1384, 1388-89 (11th Cir. 1998); E Allan Farnsworth, supra note 11, � 7.2 at 428-30.
17. Max Rheinstein, "Comparative Law--Its Functions, Methods and Usages," 22 Ark. L. Rev. 415, 422 (1968).
18. C.Civ. (Fr.) Art. 1341 (1). See also Italian Codice civile Art. 2722, but see also Art. 1350.
19. See C.Comm. (Fr.) Art. L. 110-3.
20. See Otto Palandt (Helmut Heinrichs), Bürgerliches Gesetzbuch, � 125 BGB Rn. 15 (64th ed., Munich 2005).
22. "[T]he course of actual performance by the parties is considered the best indication of what they intended the writing to mean." UCC � 2-202 comment 2.
23. G. H. Treitel, supra note 8, at 195-6.
24. E. Allan Farnsworth, supra note 11, � 7.12 at 476.
25. See id. � 7.12.
Purchaser agrees that the Purchase Order and Sales Contract relating to this transaction include all of the terms and conditions of this Agreement and that this Agreement cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of the Agreement relating to the subject matters covered hereby. Purchaser further understands that verbal promises by sales representatives are not valid and any promises or understandings not herein specified in writing are hereby expressly waived by the Purchaser.
27. Most commentators agree that Article 8, which expressly covers the interpretation of a party's statements and conduct, should also be used, mutatis mutandis, to interpret the terms of the contract. John Honnold, Uniform Law for International Sales � 105 (3rd ed. 1999). See also Schlechtriem & Schwenzer (Schmidt-Kessel), Kommentar zum Einheitlichen UN-Kaufrecht - CISG -, 4. Auflage, München 2004, N 3, 4 and 32-34; English edition: Schlechtriem & Schwenzer (Schlechtriem), Commentary on the UN Convention on the International Sale of Goods (CISG), Art. 8 N 21 (2nd ed., Oxford 2005).
28. J. von Staudinger (Ulrich Magnus), Kommentar zum Bürgerlichen Gesetzbuch, Art. 8 CISG Rn. 24 (Neubearbeitung 1999).
29. "Between the parties to a contract of sale evidenced by a written document, evidence by witnesses shall be inadmissible for the purposes of confuting or altering its terms, unless there is prima facie evidence resulting from a written document from the opposing party, from his evidence or from a fact the existence of which has been clearly demonstrated. However, evidence by witnesses shall be admissible for purposes of interpreting the written document." United Nations Conference on Contracts for the International Sale of Goods, Official Records, U.N. Doc. A/Conf./97/19, U.N. Sales No. E.81.IV.3, at 90 (1981) [hereinafter UNCISG Official Records], reprinted in John Honnold, Documentary History of the Uniform Law for International Sales, 662 (1989). For a summary of the legislative history, see Note, "The Inapplicability of the Parol Evidence Rule to the United Nations Convention on Contracts for the International Sale of Goods," 28 Hofstra L. Rev. 799, 823-26 (2000).
30. "Mr. Samson (Canada), introducing [this] amendment . . . said that the aim was to introduce a limitation on admissible evidence in cases where contracting parties had freely chosen to have a written contract. In the international context, it was important to ensure a minimum of protection for parties who had made such a choice. The amendment sought to exclude evidence by witnesses unless it was supported by other evidence resulting from a written document from the opposing party or circumstantial evidence. The amendment called for some degree of certainty as to facts which could be used to establish a prima facie case: for example, a clearly established material fact could be adduced as evidence of the existence of an agreement." UNCISG Official Records, supra note 29, at 270, reprinted in John Honnold, Documentary History, supra note 29, at 491.
34. See Note, "MCC-Marble Ceramic Center: The Parol Evidence Rule and Other Domestic Law Under the Convention on Contracts for the International Sale of Goods," 1999 B.Y.U. L. Rev. 351, 360-62.
35. "Few things are darker than this, or fuller of subtle difficulties. ... [A] mass of incongruous matter is here grouped together, and then looked at in a wrong focus." James Thayer, "The 'Parol Evidence' Rule," 6 Harv. L. Rev. 325, 325 (1893).
36. "The truth is that the [Parol Evidence Rule] does but little to achieve the ends it supposedly serves." Zell v. American Seating Co., 138 F.2d 641, 644 (2d Cir. 1943) (Frank, J.).
37. Since the Parol Evidence Rule does not apply when the CISG governs the contract, there is nothing to be gained, as some scholars have attempted, by deciding which of the various aspects of the Parol Evidence Rule comport with the basic principles of the CISG. See, e.g., Harry Flechtner, "The U.N. Sales Convention (CISG) and MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino, S.p.A.: The Eleventh Circuit Weighs in on Interpretation, Subjective Intent, Procedural Limits to the Convention's Scope, and the Parol Evidence Rule," 18 J. L. & Com. 259, 284 (1999) ("Some aspects of the parol evidence rule ... appear to remain valid under the Convention"); Note, "The Parol Evidence Rule and the United Nations Convention on Contracts for the International Sale of Goods: Justifying Beijing Metals & Minerals Import/Export Corp. v. American Business Center, Inc.," 1995 B.Y.U. L. Rev. 1347 (1995). Instead, the particular interpretive method of the CISG must be developed from the text and purposes of the CISG itself.
38. Most commentators are in accord. See, e.g., Larry DiMatteo, supra note 4, at 21; John Honnold, Uniform Law, supra note 27, � 110; Schlechtriem & Schwenzer (Peter Schlechtriem), Commentary on the UN Convention on the International Sale of Goods (CISG), Art. 11 N 13 (2nd ed., Oxford 2005) - (German edition, 4th edition 2004, Art. 11 N 13); Albert Kritzer, Guide to Practical Applications of the United Nations Convention on Contracts for the International Sale of Goods 94 (1994) ; Bernard Audit, La vente internationale de marchandises 43 n. 3 (1990); Note, supra note 34, 1999 B.Y.U. L. Rev. at 359; Peter Winship, "Domesticating International Commercial Law: Revising U.C.C. Article 2 in Light of the United Nations Sales Convention," 37 Loyola L. Rev. 43, 57 (1991); John Murray, "An Essay on the Formation of Contracts and Related Matters Under the United Nations Convention on Contracts for the International Sale of Goods," 8 J. L. & Comm. 11, 44 (1988) ("CISG rejects the parol evidence rule in the most frugal terms"). For the contrary view, see Note, supra note 37, 1995 B.Y.U. L. Rev. at 1351.
39. See MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino, S.p.A., supra note 16, 114 F.3d at 1392-93 ("The CISG ... precludes the application of the parol evidence rule, which would otherwise bar the consideration of evidence concerning a prior or contemporaneously negotiated oral agreement"); Shuttle Packaging Systems, LLC v. Tsonakis, 2001 WL 34046276 (W.D.Mich. 2001) ("international sales agreements under the Convention are not subject to the parol evidence rule"); Mitchell Aircraft Spares, Inc. v. European Aircraft Service AB, 23 F.Supp.2d 915, 919-21 (N.D.Ill. 1998); Claudia v. Olivieri Footwear Ltd., 1998 WL 164824 *5-6 (S.D.N.Y.) ("contracts governed by the CISG are freed from the limits of the parol evidence rule and there is a wider spectrum of admissible evidence to consider in construing the terms of the parties' agreement"); Filanto S.p.A. v. Chilewich International Corp., 789 F.Supp. 1229, 1238 n. 7 (S.D.N.Y. 1992), app. dismissed, 984 F.2d 58 (2nd Cir. 1993) ("the Convention essentially rejects ... the parol evidence rule"). Contra: Beijing Metals & Minerals Import/Export Corp. v. US Business Center, Inc., 993 F.2d 1178, 1183 n. 9 (5th Cir. 1993) (in dictum (the court applied Texas law)).
41. See Schlechtriem & Schwenzer (Schlechtriem), Kommentar zum Einheitlichen UN-Kaufrecht - CISG -, 4. Auflage, München 2004, Art. 11 N 13; English edition: Schlechtriem & Schwenzer (Schlechtriem), Commentary on the UN Convention on the International Sale of Goods (CISG), Art. 11 N 13 (2nd ed., Oxford 2005). ("that does not preclude the existence of a 'preference' for evidence of declarations in written form"); John Honnold, Uniform Law, supra note 27, � 110 ("Jurists interpreting agreements subject to the Convention can be expected to continue to give special and, in most cases, controlling effect to detailed written agreements").
42. Harry Flechtner, supra note 37, 18 J. L. & Comm. at 278-79 ("the question whether the parties intended a writing to be an integration must be resolved like any other question of intent under the CISG, and without benefit of a presumption that the writing is an integration").
43. "It is sometimes said that extrinsic evidence cannot change the plain meaning of a writing, but meaning can almost never be plain except in a context. ... Any determination of meaning or ambiguity should only be made in the light of the relevant evidence of the situation and relations of the parties, the subject matter of the transaction, preliminary negotiations and statements made therein, usages of trade, and the course of dealing between the parties. ... But after the transaction has been shown in all its length and breadth, the words of an integrated agreement remain the most important evidence of intention." Restatement (Second) of Contracts � 212 comment b (1981).
44. "This section definitely rejects ... [t]he premise that the language used has the meaning attributable to such language by rules of construction existing in the law rather than the meaning which arises out of the commercial context in which it was used ... ." UCC � 2-202 comment 1 (b).
45. Unidroit Principles of International Commercial Contracts Art. 2.1.17 (2nd sentence).
46. One can never preclude the possibility that, by agreement of the parties ,usages of trade or commercial sense, ordinary words are given a special meaning. For the same reason there cannot be any such thing as a wholly unambiguous contract term, despite the supposed rule that reference may be made to extrinsic evidence only where there is ambiguity. Among bakers, apparently, a dozen means thirteen. More significantly, the House of Lords in The Antaios  AC 191 upheld an arbitral award which construed "breach" as meaning "fundamental breach" to give commercial sense to the contract, even though "breach" is wholly unambiguous.
47. "When a contract is unambiguous, the court must ... give effect to the contract as written, the duty of the court being to declare the meaning of what was written in the instrument, not what was intended to be written." Vol 11 Samuel Williston, A Treatise on the Law of Contracts � 30:6 at 80-83 (Richard Lord ed., 4th ed. 1999). For a critique of the Plain Meaning Rule, see Vol 5 Arthur Corbin (Margaret Kniffen), Contracts � 24.7 (rev. ed. 1998).
48. For an example see note 27 supra.
49. See, e.g., C. M. Bianca & M. J. Bonell (E. Allan Farnsworth), Commentary on the International Sales Law Art. 8 � 3.3 at 102 (1987).
53. "It often happens that parties use standard form contracts containing a merger clause to which they pay no attention. A rule under which such a clause would always prevent a party from invoking prior statements or undertakings would be too rigid and often lead to results which were contrary to good faith." Principles of European Contract Law Article 2:105 Comment.
54. See, e.g., MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino, S.p.A., supra note 16, 114 F.3d at 1391 ("to the extent parties wish to avoid parol evidence problems they can do so by including a merger clause in their agreement that extinguishes any and all prior agreements and understandings not expressed in the writing"); John Honnold, Uniform Law, supra note 27, � 110 (1) ("contract terms (often called 'integration clauses') that any contemporaneous or prior agreement shall be without effect would be supported by Article 6"); Bernard Audit, supra note 38, at 43 n. 3 (1990) ("la clause relativement fréquente selon laquelle seul l'écrit souscrit par les parties doit être pris en considération à l'exclusion de tout autre élément . . . devrait recevoir effet en vertu de l'art. 6"); Larry DiMatteo, supra note 4, at 215-16.
55. See John Murray, supra note 38, 8 J. L. & Comm. at 45 ("the typical merger clause familiar to American lawyers may be insufficient for this purpose. At least some explicit reference to the parties' intention to derogate from Article 8(3) through Article 6 would provide a safer course").