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dustedmagazine · 3 years ago

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Dust, Volume 7, Number 7

What are Grandbrothers doing to that piano?

Greetings from under the heat dome, where shipments of vinyl are melting mid-journey and even the coolest of cool jazz sounds a little wilted by the time it reaches your ear. We are sitting in the shade. We are drinking lemonade and iced tea. We are looking for the window fans and lugging old air condition units up from the basement. We are, perhaps, headed to the community pool for the first time since our kids were young, though also, perhaps not. In any case, we are still getting through piles of recorded music, even in this heat, and finding some gems. Here are dispatches from the furthest reaches of Japanese psych, European free jazz, self-released indie folk, Irish lockdown angst, Moroccan raging punk and lots of other stuff. Contributors included Mason Jones, Jennifer Kelly, Bill Meyer, Tim Clarke, Bryon Hayes, Jonathan Shaw, Arthur Krumins and Chris Liberato. Stay cool.

Yuko Araki — End of Trilogy (Room40)

End Of Trilogy by Yuko Araki

These 16 tracks whoosh past in just 35 minutes, with most of them clocking in around two minutes in length. Many don't reach a conclusion: they simply end abruptly, and the next one starts. Araki manipulates electronics to create whirling, sizzling atmospheres of confusion, sometimes fast-moving burbles of percussion and synths, at other moments pushing distorted hissing and confrontational tones to the front. The aptly-named "Dazed" begins with a cinematic feel, then its galactic drones give way to static and metallic scrapes. "Positron in Bloom" is like a chorus of machine voices shouting angry curses into space, and "Dreaming Insects" sounds as if the titular creatures are being pulled downstream in fast-moving rapids. Oscillating between menacing and humorous, End of Trilogy's bite-sized pieces of surrealist electronics are never boring.

Mason Jones

Alexander Biggs — Hit or Miss (Native Tongue Music Publishing)

Hit or Miss by Alexander Biggs

Alexander Biggs blunts sharp, stinging lyrics in the sweetest sort of strummy indie-pop, working very much in the Elliott Smith style of sincerity edged with lacerating irony. “All I Can Do Is Hate You” finds a queasy intersection between soft pop and tamped down rage, Biggs murmuring phrases like “I want you to fuck me til I can’t say your name,” but melodically, over cascades of acoustic guitar. “Madeline” is the pick of the litter here, a dawdling jangle of guitar framing knife-sharp lyrics about romantic disillusionment. “Miserable,” sports a bit of lap steel for emotional resonance, demonstrating once more, if you had any doubt, that very sad songs can make you feel better somehow. Biggs is good at both the softness and the sting, and for guy-with-a-guitar albums, that’s what you need.

Jennifer Kelly

Christer Bothén 3 — Omen (Bocian)

Omen by Christer Bothén 3

Dusted’s collective consciousness has spent a lot of time considering Blank Forms’ recent publication, Organic Music Societies, which considers Don and Moki Cherry’s convergence of artistic and familial efforts during the 1960s and 1970s, as well as the two archival recordings by Don and associates, which shed light upon his Scandinavian musical activities. All three are worth your attention, but their liveliness is shaded by the awareness that almost every hopeful soul involved is no longer with us. But Christer Bothén, who introduced Don to the donso ngoni and subsequently played in his bands for many years, is not only among the living, he’s got breath to spare. This trio recording doesn’t delve into the African sounds that bonded Bothén and Don. Rather, the Swede’s bass clarinet draws bold and emphatically punctuated melodic lines, driven by a steaming rhythm section that takes its cues from Ornette Coleman’s mid-1960s trio recordings. This music may not sound new, but it’s full of lived-in knowledge and vigor.

Bill Meyer

Briars of North America — Supermoon (Brassland)

Supermoon by Briars of North America

New York-based trio Briars of North America take patient, painterly, occasionally cosmic approach to folk music. With “Sala,” Supermoon sounds like a backwoods Sigur Ros. A falsetto voice intoning a made-up language arcs elegantly over sustained waves of electric piano. Soon after, the album touches down into more grounded guitar-and-cello territory on pieces such as “Island” and “Chirping Birds,” which bring to mind Nick Drake, albeit less contrary or withdrawn. At the album’s midway point, the listener is carried into the aether with the eerie sustained brass and wordless vocals of the eight-minute “The Albatross of Infinite Regress.” A similar space is explored at the album’s end with the 12-minute “Sleepy Not Sleepy,” as strings and warbling synthesizer tones intermingle with the return of the made-up language. Though the band’s more conventional vocal-led songs, such as “Spring Moon,” are decent enough, Briars of North America touch upon something expansive and ineffable when they explore their more experimental side.

Tim Clarke

Bryan Away — Canyons to Sawdust (self-released)

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Chicago-based actor, composer and multi-instrumentalist Elliot Korte releases music under the moniker Bryan Away. His new album, Canyons to Sawdust, begins with what feels like two introductions. “Well Alright Then” is a Grizzly Bear-style scene-setter for wordless voices, strings and woodwinds, while “Within Reach” sounds like a tentative cover of Radiohead’s “Pyramid Song” that runs out of steam before it had the chance to build momentum. The first full song, single “The Lake,” gets the album up and running in earnest with its melancholy piano and string arrangement spiked with pizzicato plucks and bright acoustic guitar figures. Half Waif lends her vocal talents to “Dreams and Circumstance,” another highlight featuring some lovely interplay between guitar arpeggios and drum machine. One pitfall of exploring romantic musical territory is the risk of sounding a tad saccharine, and the weakest links in the album, companion tracks “Scenes From a Marriage” and “Scenes From a Wedding,” have the kind of performative tone you’d expect to find on the soundtrack of a mainstream romantic comedy. Elsewhere, though, Korte’s judgment is sound, and there’s plenty of elegant music to be found. Fans of Sufjan Stevens will no doubt find a lot to like, and it’ll be interesting to see where Bryan Away ventures next.

Tim Clarke

Jonas Cambien Trio — Nature Hath Painted Painted The Body (Clean Feed)

Nature Hath Painted the Body by Jonas Cambien Trio

On its third album, the Jonas Cambien Trio has attained such confidence that it’s willing to mess with its signature sound. The Oslo-based combo’s fundamental approach is to stuff the expressive energy and textural adventure of free jazz into compositions that are by turns intricate and rhythmically insistent but always pithy. This time, the Belgian-born pianist Cambien also plays soprano sax and organ. The former, stirred into André Roligheten’s bundle of reed instruments, brings airy respite from the music’s tight structures; the latter, dubbed into locked formation with the piano and jostled by Andreas Wildhagen’s restlessly perambulating percussion, expands the music’s tonal colors. The tunes themselves have grown more catchy, so much so that their twists and turns only become apparent with time and repeat listening.

Bill Meyer

Ferran Fages / Lluïsa Espigolé — From Grey To Blue (Inexhaustible Editions)

From Grey To Blue by Ferran Fages

When discussion turns to a pianist’s touch, it’s tempting to think mainly of what they do with their fingers. But it must be said that Lluïsa Espigolé exhibits some next-level footwork on this realization of Ferran Fages’ From Grey To Blue. Fages is a multi-instrumentalist who functions equally persuasively within the realms of electroacoustic improvisation and heavy jazz-rock, but for this piece, which was devised specifically for Espigolé, he uses written music and an instrument he doesn’t play, the piano, to engage with resonance and melody. The three-part composition advances with extreme deliberation, often one note at a time, turning the tune into a ghostly presence and foregrounding the details of the decay of each sound. This music is so sparse that the shift to chords in the third section feels dramatically dense after a half hour of single sounds and corresponding silences. The elements of this music have been sculpted with such exquisite control that one wonders if Catalonia has looked into insuring Espigolé’s feet; her way with the piano’s pedals is a cultural resource.

Bill Meyer

Grandbrothers — All the Unknown (City Slang)

All the Unknown by Grandbrothers

The duo known as Grandbrothers hooks a grand piano up to an array of electronic interfaces, deriving not just the clear, gorgeous notes you expect, but also a variety of percussive and sustained sounds from the classic keyboard. In this third album from the two—that’s pianist Erol Sarp and electronic engineer Lukas Vogel—construct intricate, joyful collages, working clarion melodies into sharp, pointillist backgrounds. The obvious reference is Hauscka, who also works with prepared piano and electronics, but rather than his moody beauties, these compositions pulse with rave-y, trance-y exhilaration. If you ever wondered what it would sound like if the Fuck Buttons decided to cover Steve Reich, well, maybe like this, precise and complex and shimmering, but also huge and triumphant. Good stuff.

Jennifer Kelly

id m theft able — Well I Fell in Love with the Eye at the Bottom of the Well (Pogus Productions)

Well I Fell in Love With the Eye at the Bottom of the Well by id m theft able

Al Margolis’ Pogus Productions imprint has cast its gaze toward the strange happenings in Maine, netting a mutant form of electroacoustic wizardry in the process. Scott Spear is the one-man maelstrom known as id m theft able, an incredibly prolific and confounding presence in the American northeast. He draws influence from musique concrète and sound poetry, but adds a whimsical spirit, a tinker’s ingenuity and the comedic timing of a master prankster to his compositions. Sometimes this leads to the bemusement of his audience, but he tempers any surface madness with an endless curiosity and a playful sense of the meaning of the word music. Well I Fell in Love with the Eye at the Bottom of the Well ostensibly came to be via Spear’s desire to create a doo-wop tune. Only Spear himself knows whether this is fact or fiction, because it is clear from the opening moments of “Shun, Unshun and Shun” that this disc is full of sonic non-sequiturs, amplified clatter and delightful mouth happenings that are as far removed from doo-wop as possible. The madness is frequently tempered with beautiful moments: a broken music box serenades a flock of chirping birds in the middle of a mall, Spear hypnotically chants at a landscape of crickets, flutes pipe along to the patter of rain on a window. As one gets deeper into the record, the sound poetry aspects become more and more pronounced, such as on “The Curve of the Earth” and the closing piece, “Purple Rain.” Those seeking a humor-filled gateway drug into that somewhat perilous corner of the sonic spectrum would be wise to pop an ear in the direction of this frenetic assemblage of sound.

Bryon Hayes

Mia Joy — Spirit Tamer (Fire Talk)

Spirit Tamer by Mia Joy

Mia Joy turns the temperature way down on gauzy Spirit Tamer, constructing translucent castles in the air out of musical elements that you can see and hear right through. The artist, known in real life as Mia Rocha, opens with a brief statement of intent in a one-minute title track that wraps wisps of vocal melody with indistinct but lovely sustained tones. The whole track feels like looking at clouds. Other cuts are more substantial, with muted rock band instruments like acoustic and electric guitars and drum machines, but even indie-leaning “Freak” and "Ye Old Man,” are quiet epiphanies. Rocha sounds like she is singing to herself softly, inwardly, without any thought of an audience, but also so close that it tickles the hair in your ears. Rocha closes with a cover of Arthur Russell’s “Our Last Night Together,” letting rich swells of piano stand in for cello, but tracing the subtle, undulating lines of his melody in an airy register, an octave or two higher. Like Russell, Rocha sets up an interesting interplay between deep introversion and presentation for the public eye; she’s not doing it for us, but we’re listening anyway.

Jennifer Kelly

Know//Suffer — The Great Dying (Silent Pendulum Records)

The Great Dying by KNOW//SUFFER

It’s not inaccurate to describe The Great Dying as a hardcore record. You’ll hear all the burly breakdowns; buzzing, overdriven guitars; and grimly declaimed vocals that characterize the genre, which since the mid-1990s has moved ever closer to metal. But Know//Suffer have consistently infused their music with sonic elements associated with other genres of heavy music. Most of the El Paso band’s 2019 EP bashed and crashed along with grindcore’s psychotic, sprinting energy. The Great Dying is a longer record, and it slows down the proceedings considerably. There are flirtations with sludge, and even with noise rock’s ambivalent gestures toward melody: imagine Tad throwing down with a mostly-sober version of Eyehategod, and you’re more than halfway there. As ever, Toast Williams emotes forcefully, giving word to a very contemporary version existential dread. But there’s frequently a political edge to the lyrics on this new record. On “Thumbnail,” he sings, “I swallow what must be hidden / Hoping assimilation makes me whole / The whole that everyone thinks I am / Smiling under this mask knowing / I’m not hiding my face in public.” “Assimilation” is a loaded word, especially on the Southern Border, and it’s no joke walking around in public as a proud black man anywhere in Texas. Wearing a mask as you walk into Target? P.O.C. stand a chance of getting shot. Know//Suffer still sound really pissed off, but the objects of their anger seem increasing outside of their tortured psyches, located in the lifeworld’s social planes of struggle. That gives their grim music an even harder charge, and makes Williams’s performances of rage even more powerful.

Jonathan Shaw

Heimito Künst — Heimito Künst (Dissipatio)

HEIMITO KÜNST by Heimito Künst

The debut album from Italian experimental instrumentalist Heimito Künst, recorded over several years in his home studio, uses an array of electronic and primitive instrumentation to create an overall woozy, dark atmosphere. From groaning, atonal slabs of organ, like a detuned church service, to murmuring field recordings and scrapings, these seven tracks are less like songs and more like unsettling journeys through sound. Pieces like "Talking to Ulises" blend quiet Farfisa tones and a wordlessly singing voice in the distance. Ironically, although the final track is titled "Smoldering Life", it's unexpectedly brighter, with major-key synth notes over the cloudy sound of a drum being bashed to pieces before ending with an almost gentle, summertime feel.

Mason Jones

Jeanne Lee — Conspiracy (moved-by-sound)

Conspiracy by JEANNE LEE

Lots of 1960s and 1970s jazz reissues offer beautiful music, but few redefine how liberating improvised music can be. Conspiracy, originally recorded in 1974 by Lee on vocals with an ensemble that includes Sam Rivers and Gunter Hampel, falls into the latter category without feeling forced. It combines sound poetry, the conversation of spontaneity, and grooves that don’t stay on repetition but still get ingrained into your brain somehow. Best digested in a contemplative sitting, the album demands you give your whole attention to the direction of the music and words mixed with extended vocal techniques. The sound shifts from a full-on medley of flutes, drums, bass and horns with voice, to more minimal experiments. The recording is clean and uncluttered, even at its busiest. A lushly enjoyable listen.

Arthur Krumins

Sarah Neufeld — Detritus (Paper Bag)

Detritus by Sarah Neufeld

Sarah Neufeld’s third solo album grew out of a collaboration with the Toronto choreographer Peggy Baker, begun before the pandemic but dealing anyway with loss, intimacy and grief. The violinist and composer works, as a consequence with a strong sense of movement, underlining rhythms with repeated, slashing motifs in her own instrument and pounding drums (that’s Jeremy Gara, who, like Neufeld, plays in Arcade Fire). You can imagine movement to nearly all these songs. “With Love and Blindness” rushes forward in a wild swirl of strings, given weight by the buzz of low-toned synthesizer and airiness in the layer of denatured vocals; you see whirling, bending, graceful gestures. “The Top” proceeds in quicker, more playful patterns; agile kicks and jumps and shimmies are implied in its contours. “Tumble Down the Undecided” has a raw, passionate undertow, its play of octave-separated notes frantic and agitated and the drumming, when it comes, fairly gallops. This latter track is perhaps the most enveloping, the notes caroming wildly in all directions, in the thick of the struggle but full of joy.

Jennifer Kelly

Aaron Novik — Grounded (Astral Editions)

Grounded by Aaron Novik

Aaron Novik is a clarinetist with an extensive background in jazz, klezmer, rock and in-between stuff, but you wouldn’t know any of that from listening to this tape. Its ten numbered instrumentals sound more derived from the sound worlds of 1970s PBS documentaries, Residents records of similar vintage, and Pop Corn’s fluke hit, “Pop Corn.” Recorded during the spring of 2020, when Novik’s new neighborhood, Queens, became NYC’s COVID central, it manifests coping strategy that many people learned well last year; when the outside world is fucked and scary, retreat to a room and then head down a rabbit hole. In this case, that meant sampling Novik’s clarinets and arranging them into perky, bobbing instrumentals. The sounds themselves aren’t processed, but it turns out that when recontextualized, long, blown tones and keypad clatter sound a lot like synths and mechanized beats. There’s a hint of subconscious longing in this music. While it was made in a time and place when many people didn’t leave the house, it sounds like just the thing for outdoor constitutionals with a Walkman.

Bill Meyer

Off Peak Arson — S-T (Self-released)

Self Titled by Off Peak Arson

Presumably named after the Truman's Water song — a fairly obscure name check, indeed — Off Peak Arson hail from Memphis, TN. Their debut EP's five songs are less reminiscent of their namesakes than of heavier, noisier bands like Zedek-era Live Skull, Dustdevils and Sonic Youth. Which is not a bad thing at all. The four-piece leverage the dual guitars to nicely intense effect, and with all four members contributing vocals there's a lot going on, at times blending an interesting sing-song pop feel with the twisty-noisy guitar. The band have a way of finding memorable hooks amidst sufficient cacophony to keep things challenging while also somehow catchy. Keep your ears open for more from this quartet.

Mason Jones

Barre Phillips / John Butcher / Ståle Liavik Solberg — We Met – And Then (Relative Pitch)

We met - and then by Phillips, Butcher, Solberg

In 2018, ECM Records issued End To End, a CD by double bassist Barre Phillips which capped a half-century of solo recording. You might expect this act to signal the winding down of the California-born, France-based improviser’s career; after all, he was born in 1934. And yet, in 2018 he played the first, but not the last, concert by this remarkable trio, which is completed by British soprano/tenor saxophonist John Butcher and Norwegian percussionist Ståle Liavik Solberg. Recorded in Germany and Norway during 2018 and 2019, this CD presents an ensemble whose members are strong in their individual concepts, but are also committed to making music that is completed by acts of collective imagination. The music is in constant flux, but purposeful. This intentionality is expressed not only through action, but through the conscious yielding of space, as though each player knows what openings will be best occupied by one of their comrades.

Bill Meyer

Round Eye — Culture Shock Treatment (Paper +Plastick)

“Culture Shock Treatment,” the lead-off track from this unhinged and ecletic album, swings like 1950s rock and roll, a sax frolicking in the spaces between sing-along choruses. And yet, the gleeful skronk goes a little past freewheeling, spinning off into chaos and wheeling back in again. Picture Mark Sultan trying to ride out the existential disorder of early Pere Ubu, add a horn line and step way back, because this is extremely unruly stuff. Round Eye, a band of expatriates now living in Shanghai, slings American heartlands oddball post-punk into unlikely corners. Frantic jackhammer hardcore beats (think Black Flag) assault free-from experimental calls and responses (maybe Curlew?) in “5000 Miles, “ and as a kicker, it’s a commentary on ethno-nationalist repression (“Thank…the country. Thank…the culture”). “I Am the Foreigner” hums and buzzes with exuberance, like a hard-edged B-52s, but it’s about the alienation that these Westerners most likely experience, every day in the Middle Kingdom. This is one busy album, exhausting really, a whac-a-mole entertainment where things keep popping out of holes and getting hammered back, but it is never, ever dull.

Jennifer Kelly

So Cow — Bisignis (Dandy Boy)

Bisignis by So Cow

This new So Cow record is a mood. Specifically, that mood during the third and “least fun” of Ireland’s lockdowns, when you head to your shed and bash out an album about everything that’s been lodged in your craw during a year of isolation — including, of all things, the crowd at a Martha Wainwright show (on “Requests”). And while sole Cow member Brian Kelly might have dubbed the record Bisignis, the Old English word for anxiety, it’s his discontent that takes center stage. “Talking politics with friends/Jesus Christ it never ends” Kelly sings on early highlight “Leave Group” before employing a guitar solo that could pass for some seriously fried bagpipes to help clear the room. This album takes the opposite approach of The Long Con, the project’s 2014 Goner Records one-off where So Cow made more complex moves towards XTC and Futureheads territory but obscured its greatest weapon: Kelly’s deadpan wit. And while a couple of these songs overstay their welcome with their sheer garage punk simplicity, others like “Somewhere Fast” work in the opposite way and win your ears over with repeat listens. “You are the reason I’m getting out of my own way,” Kelly sings, and in doing so has produced the project’s best full-length in a decade. So what? So Cow!

Chris Liberato

Taqbir — Victory Belongs to Those Who Fight for a Right Cause (La Vida Es Un Mus)

Victory Belongs To Those Who Fight For A Right Cause by Taqbir

In our super-saturated musical environment, another eight-minute, 7” record of scorching punk burners isn’t much of an event. But the appearance of Taqbir’s Victory Belongs to Those Who Fight for a Right Cause (the title is almost longer than the record itself) is at the very least a significant occurrence. The band comes from Morocco and features a woman out front, declaiming any number of contemporary socio-political ills. So there’s little wonder that the Internet isn’t bursting with info about Taqbir; you can find a Maximumrocknroll interview, some chatter about the record here and there, and not much else. It must take enormous courage to make music like this in Morocco, and even more to be a woman making music like this. The long reign of King Mohammed IV has edged the country toward marginal increments of cultural openness — if not thoroughgoing political reform — but conservative Islam and economic struggle are still dominant forces, combining to keep women relegated to submissive social roles. And the band is not fucking around: their name is a Moroccan battle cry, synonymous with “Alu Akbar!” Their repurposing of that slogan in support of their anti-traditionalist, anti-religious, anti-capitalist positions likely makes life in a place like Tangier or Casablanca pretty hard. The songs? They’re really good. Check out “Aisha Qandisha” (named for a folkloric phantasm that ambiguously mobilizes the feminine as murderous and rapacious monster): the music slashes and burns with just the right dash of melody, the vocals go from a simmer to a full-on rolling boil. Taqbir! y’all. Stay safe, stay strong and make some more records.

Jonathan Shaw

TOMÁ — Atom (Self-Release)

Atom by TOMÁ

Tomá Ivanov operates in interstices between smooth jazz and soul-infused electronics, splicing bits of torchy world traditions in through the addition of singers. You could certainly draw connections to the funk-leaning IDM of artists like Flying Lotus and Dam-Funk, where pristine instrumental sounds—strings, piano, percussion—meet the pop and glitch of cyber-soul. Guest artists flavor about half the tracks, pushing the music slightly off its center towards rap (“A Different You featuring I Am Tim”), quiet storm soul (“Outsight featuring Vivian Toebich”), falsetto’d art pop (“Catharsis featuring Lou Asril”) or dreaming soul-jazz experiments (“Blind War featuring Ben LaMar Gay”). Thoughout, the Bulgarian composer and guitarist paces expansive ambiences with shuffling, staggering beats, roughing up slick surfaces with just enough friction to keep things interesting.

Jennifer Kelly

The Tubs — Names EP (Trouble In Mind)

Names EP by The Tubs

“I don’t know how it works” declared The Tubs on their debut single, but they’re diving right in anyways on its follow-up, Names, with four songs that explore the self and self-other relationship. Their cover of Felt’s “Crystal Ball” tightens the musical tension of the original in places but still allows enough slack for singer Owen Williams to stretch the lyrical refrain — about the ability of another to see us better than we see ourselves — into a more melancholy shape than Lawrence. Of the EP’s three originals, Felt’s influence is most obvious in George Nicholls’ guitar work on “Illusion,” especially when the change comes and his lead spirals off Deebank-style behind Williams while he questions his connection to his own reflection. “Is it just an illusion staring back at me?” “The Name Song” is the longest one here at over three minutes, and in a similar way to The Feelies, it feels like it could go on forever, which might prove useful if Williams adds more names to his don’t-care-about list. “Two Person Love” is the best track of the bunch, though, with its classic sounding riff that swoops in and out allowing room for the chiming and chugging rhythm section to do the hard work. The relationship in the song might have been “pissed up the wall,” as Williams in his Richard Thompson-esque drawl puts it, but The Tubs certainly seem to have figured out how this music thing works.

Chris Liberato

Venus Furs — S-T (Silk Screaming)

Venus Furs by Venus Furs

Venus Furs sounds like band, but in fact, it’s one guy, Paul Krasner, somehow amassing the squalling roar of psychedelic guitar rock a la Brian Jonestown Massacre or Royal Baths all by himself. These songs have a large-scale swagger and layers and layers of effected guitars, as on the careening “Friendly Fire,” or hailstorm assault of “Paranoia.” A ponderous, swaying bass riff girds “Living in Constant.” Its nodding repetition grounds radiating sprays of surf guitar. You have to wonder how all this would play out in concert, with Krasner running from front mic to bass amp to drum kit as the songs unfold, but on record it sounds pretty good. Long live self-sufficiency.

Jennifer Kelly

Witch Vomit — Abhorrent Rapture (20 Buck Spin)

Abhorrent Rapture by Witch Vomit

Witch Vomit has one of the best names in contemporary death metal (along with Casket Huffer, Wharflurch and Snorlax — perversely inspired handles, all), and the Portland-based band has been earning increasing accolades for its records, as well. They are deserved. Witch Vomit plays fast, dense and dissonant songs, bearing the impress of Incantation’s groundbreaking (gravedigging?) records. Does that mean it’s “old school”? Song titles from the band’s previous LP Buried Deep in a Bottomless Grave (2019) certainly played to traditionalists’ tastes: “From Rotten Guts,” “Dripping Tombs,” “Fumes of Dying Bodies.” And so on. This new EP doesn’t indicate any significant changes in trajectory or tone, but the songwriting makes the occasional move toward melody. See especially the second half of “Necrometamorphosis,” which has a riff or two that one could almost call “pleasant.” If that seems paradoxical, check out the EP’s title. Is that an event, a gruesome skewing of Christianity’s big prize for the faithful? Or is it an affective state, in which abject disgust somehow builds to ecstatic transport? Who knows. For the band’s part, Witch Vomit keeps chugging, thumping and squelching along, doling out doleful songs like “Purulent Burial Mound.” Yuck. Sounds about right, dudes.

Jonathan Shaw

yes/and — s-t (Driftless Recordings)

yes/and by yes/and

This collaboration between guitarist Meg Duffy (Hand Habits) and producer Joel Ford (Oneohtrix Point Never) is an elusive collection of shape-shifting instrumentals. Each piece is built around Duffy’s guitar, yet the timbre and mood tends to switch dramatically between tracks. The album’s run-time is fairly evenly split between dark, atmospheric pieces, such as “More Than Love” and “Making A Monument,” and hopeful, glimmering miniatures, such as “Centered Shell” and the wonderfully titled “In My Heaven All Faucets Are Fountains.” “Learning About Who You Are” looms large at the album’s heart, as nearly eight minutes of hazy, wind-tunnel drone pulses and reverberates across the stereo space. Despite the variation in tone, each track stakes out its own territory in the tracklist, and it’s only “Tumble” that comes across as an unrealized idea. While it’s only half an hour, yes/and feels longer, its circuitous routes opening up all kinds of possibilities.

Tim Clarke

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mthofferings2020 · 4 years ago

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Auction ID: 1239

Will create works for the following relationships: Stephen Strange/Victor von Doom - 616

Work Description: This auction is for a fic that will fall between 1k and 5k. To keep to the word length I'm comfortable committing to, the prompt or starting point needs to be concise. For me and the way I write, that usually means a prompt of no more than a few words to one sentence, defining a central theme or pivotal moment, and then the fic will take shape to bring that about. For general style of my writing, my AO3 has a range, and my Dreamwidth has a bunch of recent angst fics/ficlets. Here are links to two works I've written for Doom and Strange: - Doctor Doom crack/fluff - DoomStrange angst ficlet I haven't posted a lot of Doom or DoomStrange fic yet, but I am raring to go for this ship. I have taken part in many hours of brainstorming and RP for the pairing, and I have a brain full of headcanon and a folder full of ideas I'd like to write for these two. For a prompt that hits me in the right spot, I could also write DoomStrange/Tony Stark. I'd consider writing DoomStrange with a different third, but please ask me if you have something like that in mind. I love Battleworld DoomStrange: God-Emperor Doom and Sheriff Strange, and their canonical partnership. I do like to play with dark, problematic, and manipulative power dynamics in their relationship. If it seems soft, that's probably because somewhere behind it is a knife so sharp you won't feel it till the blood loss hits. But I can also write them in bantery, humorous, and outright ridiculous interactions. On that side, I love their "snipe and bicker but would sacrifice myself for you in a heartbeat" relationship a la Savage Avengers. When I write angst, I tend to focus on breaking it hard rather than fixing it, especially in a shorter fic. However, as long as I feel it's a prompt I can accomplish in under 5k, I'm open to the idea of hurt/comfort, of heavy angst with a positive resolution, or the kinds of lighter angst that come from mutual pining, misunderstandings that will get worked out, etc. Those situations where it hurts along the way, but everything is going to be ok. I write by letting my brain get a hook into a particular idea - or maybe more like, letting a particular idea get its hooks into my brain - to where it takes me over that threshold from "interesting concept" to "I have actual words insistently demanding to be let out now." With that in mind - if you have a very specific idea for a fic you'd like, please contact me before bidding, to make sure it's something I feel like I can hook and be hooked by. Otherwise, please be prepared to chat/brainstorm with me after the auction, so we can come up with an idea that we're both enthusiastic about. OR, I can also take a very small prompt as a starting point and just run with it. By "very small," I mean something like a word prompt or a kink or trope that might be found on a Bingo square. I'd take the prompt, and your preference for the general tone (humor, romance, angst, etc.), roll it around till I land on a compelling hook to get me started, and follow it from there. As far as my pile of "ideas I'd like to write," I'm open to discussing some of those that I think could be accomplished within a 5k fic. Time Frames: I'll be able to begin brainstorming/discussing prompts anytime after the auction week. I do have one pre-existing fic-writing commitment that I aim to finish by the end of 2020. So assuming we've worked out a prompt, I should potentially be available to start writing for this pretty early in 2021. Pinning down actual writing time is tricky, but once I've actually begun writing, a fic of this length usually takes me anywhere from a few days to a few weeks to complete. Please feel free to contact me to talk over any questions or ideas!

Ratings: Teen, Mature, Explicit

CLICK HERE TO BID ON THIS WORK

-- Beta Service --

Auction ID: 2091

Will create works for the following relationships: Steve Rogers/Tony Stark - Any Universe Bucky Barnes/Steve Rogers/Tony Stark - MCU Bucky Barnes/Steve Rogers - MCU Bucky Barnes/Tony Stark - MCU Stephen Strange/Victor von Doom - 616 Tony Stark/Victor von Doom - 616 Jean Grey/Logan/Scott Summers - 616 Tony Stark/Stephen Strange/Victor von Doom - 616

Work Description: This auction is for beta reading of one fic up to 10k words, or two fics totaling up to 10k words. For beta-reading, barring my DNW, I'm generally wide open for characters, ships, universes, genres, kinks, and tropes, and for gen fics. A fic doesn't have to be "my ship" or "my kink" for me to read with care and give well-considered feedback on your writing, including elements of plot, continuity, characterization, tone, and theme, as presented within the fic itself. That said, my "Wants" and my Relationships section for this auction touch upon characters, ships, and kinds of works I read, write, and engage with the most for my own personal enjoyment. So those are where I'll be able to give the most detailed feedback on more levels, such as character voice, canon storylines, and general fluency with those characters and their worlds. My first Marvel ship is Steve-Tony, and I'm happy to read for them in any universe. I've spent the most time with them in 616, MCU, and early Ults comics, with light knowledge of AvAc, Avengers Assemble, and EMH. DoomStrange is my newer ship that I'm loving a lot: Battleworld God-Emperor Doom/Sheriff Strange; Triumph and Torment; Savage Avengers. Plus other pairings for either character, or threesomes/moresomes with the pair of them involved. Another area I'm VERY much here for is any and all fics related to Jonathan Hickman's X-Men comics: HoXPoX; Dawn of X; X of Swords. I jumped on board with X-Men at HoXPox last year, and am up to date with reading all of the current X-Men titles. I have almost no knowledge of prior X-Men canon, so, as mentioned above, I'm still happily willing to beta for other X-Men works, but I won't have that same degree of connection to canon and characters. As a beta reader, I can work on several levels, ranging from simple SPaG/proofreading, to detailed suggestions for sentence structure, flow, and word choice. I can help advise in regard to (American) English-language phrasing and word usage. I also really enjoy delving into emotional dynamics and thematic development. In terms of personal areas of expertise, I'm a musician and recording engineer. So I can give a lot of "what it's like" and some light scientific "how it works" if you have a fic where someone is a musician, in a band, playing a gig or concert, recording in a studio, or a variety of other possible situations involving the music industry and/or audio and sound systems. I prefer to beta-read in Gdocs where possible, where I can leave a lot of suggestions and comments. My goal is always to help the author feel good about their work and about making it the best it can be. So I appreciate your guidance in ways to give you feedback and/or critique that will be helpful, positive, and constructive for you. If I haven't beta-read anything for you before, I'll want to talk with you before I begin, to get an idea of the kinds of feedback you're looking for. Then I'll probably work through a page or two and wait to go further until you've had the chance to take a look. From there, you can tell me if there's anything I could approach differently, address, or avoid, in order to be more helpful for you. Time Frames/Schedule: I have a couple of pre-existing fandom commitments that I'm aiming to complete before the end of 2020. I'd prefer to say "early 2021" as the soonest I'll most likely be available to fulfill this auction. I give a lot of attention during beta reading, and often work in short sections at a time, over a period of days. For a 10k-ish fic, I might take anywhere from a few days to a couple of weeks to work through the entirety. Generally, once I've worked through the fic, I'm also happy to continue exchanging comments, or take a look to see how see how things are working after changes are made. For any questions, please feel free to contact me!

Ratings: Gen, Teen, Mature, Explicit

CLICK HERE TO BID ON THIS WORK

The auction runs from October 18 (12 AM ET) to October 24 (11:59:59 PM ET). Visit marveltrumpshate.com during Auction Week to view all of our auctions and to place your bids!

#wynnesome #auction: fic #auction: beta #mth 2020

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strangerontheotherside84 · 5 years ago

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St. Elmo’s Fire (Billy Hargrove x Reader) part 1/2

Disclaimer: As the title already tells this is heavily inspired by St. Elmos Fire. Especially one scene (which you might recorgnize in part 2 of this fic). And because you know…Billy is inspired by Rob Lowe’s character in St. Elmos Fire (which also happens to be called Billy..what a coincidence). This is most likely going to consist of only 2 parts.

Warnings: swearing, profanity, nsfw-ish

You were tapping your fingers against the half empty glass in front of you. Staring at the shimmering crystals that the neon lights seemed to create in it, while listening to the muffled sounds of the band playing on the small stage at the corner of the dimly lit room.

Spending your friday night at the local bar with your friends wasn’t very unusual. It wasn’t the nicest place in the world but there weren’t that many places for teenagers to go in Hawkins, especially none where they would serve you alcohol without checking for your ID.

However, today it was even more crowded than usual since it was the weekend after your High School graduation.

You should propably be enjoying yourself, having a laugh with Nancy, Jonathan and Steve that were seated right next to you at the small table. But you weren’t exactly in party mood. Everybody was going to leave after this summer and even though you wouldn’t admit it, you kinda had gotten attatched to your small group of friends that had formed over the course of the last two years.

„Oh come on I didn’t know she was your fucking sister. And to be honest I thought she was you at first.“

The roaring voice of Billy Hargrove echoed across the crowded bar, followed by a loud slapping sound that caused you (and many others) to turn your head.

Billy was standing in the center of the room, rubbing his cheek, furiosly gazing down at the girl that had just slapped him across the face.

„Fucking bitch.“ he mouthed as she pushed past him, immediately focusing his gaze on another girl that had been standing behind him this whole time. „Well, you’re way hotter anyway babe. How about I’ll introduce you to the backseat of my car and we can finish what we just started?“

Another slap echoed across the room, this time even causing the band to quit playing. „Oh I’m sorry I wouldn’t have thought that you were such prudes judging by how fast you get down on your knees.“ Billy yelled after the second girl, his voice slurred from obvious intoxication.

„Jesus Christ.“ Steve mumbled, the rest of you agreeing in silence by rolling your eyes.

Many people didn’t quite understand how all of you could be friends, especially after Billy had tried to make Steve’s life a living hell during his first weeks in Hawkins. But they also didn’t know about the supernatural shitshow that had been going down right in front of their door during the last two years. Stuff like that kinda brings people together.

You had been getting along with Billy right from the start, since both of you were into Heavy Metal music, fast cars and horror movies. And to be honest you were kind of an outcast in Hawkins anyway.

At first the others weren’t too fond of you hanging out with him but after they found out about how Billy’s dad had been treating him basically all his life, they were willing to accept him into the group. Even though they would get fed up with his bullshit from time to time. Or more like: all of the time.

„What did you just say about my girl, asshole?“ some tall blonde guy had emerged out of the group of bystanders, only to push Billy against the chest which caused him to stagger for a short moment.

„Which one?“, the curly haired boy laughed as he faced his attacker, „The one that was very eager to get to know me at Tinas party or the one that just sucked my dick in the restroom?“

Billy got closer and closer to the guys face, smirking at him cockily.

„Ok that’s enough.“ you sighed, getting up from your seat „I’m gonna go get our loverboy over there before he gets the shit beaten out of him again.“

„Hargrove! We’re leaving.“ you ordered, grabbing your friend by the shoulder and dangling your car keys in front of his face.

„(Y/n)!“ His eyes lit up mischievously at your sight, „You know I would love to but I’m just having so much fun with our new jock friend over here. Sorry I didn’t quite catch your name…” Billy gestured dramatically into the guys direction,”..Matt?“

„It’s Michael.“ the tall blonde mumbled through gritted teeth, fists clenched.

„Well buddy, that’s not what your girl was screaming in my ear last night.“ Billy chuckled, licking across his lips while turning his back at Michael. Only to be struck by his fist just seconds later, causing him to fall to the ground face first.

„Billy!“

You immediately rushed to Billy’s defense, helping him to get back up on his feet. At this point the rest of the group had rushed to your side aswell. Steve and Jonathan were holding back Michael, stopping him from doing even more damage to their friend’s face. Nancy was standing beside you, making sure that Billy was alright.

„You really had to wait for him to turn his back at you, hadn’t you? Fucking coward!“ You barked at the tall jock.

„He fucked my girlfriend! Why would you defend this asshole?“

„Maybe blame your girlfriend then!“ you clapped back, „He’s drunk as hell. Jesus Christ. Fuck off and pick a fight with someone your size.“

Steve and Jonathan let go of the guy who immediately stormed off while cursing several other things into your direction.

„You alright man?“ Jonathan asked Billy who had only just gained back his full consciousness.

„Yeah sure. That little bitch didn’t even aim correctly.“ „Shut up Hargrove.“ Steve shook his head, „You can be lucky that we were here to save your ass once again.“

„Yeah whatever…“ Billy mumbled, wiping away the blood from the corner of his mouth with the back of his hand. „Fuck…“

„Are you sure, you’re okay Billy?“ Nancy asked concerned.

„Yeah everything’s fine. Let’s party.“ „Definitely not! You! Leave my bar right now!“

„We’re sorry. It’s not gonna happen again.“ Nancy tried to appease the bar’s owner, who had obviously witnessed everything that just happened.

„That’s what you tell me every time and then he pulls some of this bullshit over and over again.“ He pointed towards Billy, his voice roaring. The curly haired boy seemed rather unimpressed and only reacted with his typical cocky grin.

„It’s fine guys! I’m gonna take him home.“ you intervened before he could say another stupid thing that would propably get him banned for life.

„You sure?“ Steve asked.

„Yeah I didn’t drink too much and I’m not really feeling like partying anyway…see you around guys. Have fun.“ you smiled at your friends and grabbed Billy by the collar of his shirt „Come on asshole let’s go.“

#billy hargrove #billy hargrove x reader #billy hagrove imagine #fanfic #stranger things #billy hargrove x you #billy hargrove x y/n #jonathan byers #nancy wheeler #steve harrington

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torentialtribute · 6 years ago

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Leaked plans for ‘Project Reset’ has seen Wales players kick off in rather a large way

Well, well, that was quite a week or so? ] It would be forgivable if you take yourself to a quiet corner, wrap yourself in a reassuring blanket, to try to rock your body in a kind of calm with all that going on.

World League – or Nations Championship – quarrel, salary cap storms, Welsh regional rantings and ravings, it feels like all rugby news is currently happening at a time.

So thank heaven there is actually some rugby to watch this weekend.

The Six Nations is back, back – all the fuss and hooey are on hold for a few minutes – and here is Scrum & # 39; s the Word to take you and a part of the madness that us has here

Welcome, everyone.

Their preparations for Scotland were however this week affected by off-field diversion

NEWS OF ROUND THE NATIONS

POSITIONS OF INTENT

] Okay, okay. If you go to Murrayfield on Saturday to watch Scotland / Wales – bring binoculars with you.

When the national anthem of Wales goes and if it is on the & # 39; O bydded i & # 39; r heniaith barhau & # 39; comes out

Often they stand next to each other to sing. One to Scarlet of 13 years, the other an Osprey of 14, both gentlemen from one region to their socks.

[BreedbeeldrugbygingdezeweekineenvanzijngemoedstoestandenEenvandiemodderigevurigevervelendegruwelijkeschreeuwendestemmingenwaariedereenschreeuwtenschreeuwtplannennaarvorenwordengeschovenendemeesteeruitkomenzienerstomuit

It's all been in the world theme & # 39 Project Reset & # 39; the Welsh Rugby Union and Wales's Professional Game Board's plan to find a better way to do things about the Severn Bridge.

And let's be honest, the plans have been leaked, people have kicked

We have – in our role as reporter about Wales when the tests are underway – trying to follow the whole sad mess. Here is a potted summary of the week that was.

Players panic, have WhatsApp talks about sorting contracts within a few days and the prospect of the & # 39; coin & # 39; in the newly created northern region. Uncertainty prevails.

Tuesday – The Welsh national team is holding a press conference to play their Scotland game, which if they win one victory from a Grand Slam will result. But now that Monday's news is over and it's circling, the agenda has changed. Wales-coach Warren Gatland – after selecting his team two days earlier to try and change the agenda – sits down and calls the politics & # 39; distraction & # 39; Justin Tipuric, Alun Wyn Jones and Ken Owens have to speak alongside – they are all greatly influenced by the proposed merger.

However, before they can step on Ospreys, chairman Mike James shows up at the PGB meeting, resigns, does not vote and then pulls the trigger over a caustic statement that accuses the WRU of & catastrophic mismanagement & # 39 ;. Jones and Tipuric are therefore from the press conference and Owens only takes questions. He is clearly devastated but eloquent, emotional and honest. Through the Welsh Rugby Players & # 39; Association – of which he is the chairman – he has already issued a statement in which he & # 39; expresses deep concern. The ospreys are NOT (daring and their cap) on the verge of merging with the Scarlets. & # 39;

The PGB issues their own statement in which they say that they continue with the plan but express their disappointment about the timing and uncertainty this has caused for players, staff, coaches and the Welsh rugbypubliek. & # 39; In the evening, the Wales players go home and the Ospreys – led by Alun Wyn Jones – all meet in Swansea to discuss things, where the message is & # 39; fight for their future. & # 39;

Wednesday – Scarlets issue a statement confirming that the Ospreys approached them twice, and another region (Cardiff Blues) once to form a merger. The Scarlets now declare every deal dead. The regions & # 39; s seem to stay the same for the next season. Ospreys has made another statement, from the new chairman Rob Davies, who mentions events to strengthen the convenience and asks that the & # 39; adults & # 39; return to the negotiating table.

Thursday – The players from Wales train again, the regions & # 39; s endeavor to sort contracts that were on hold. For example, players such as Rob Evans – the prop – have deals that run out in the summer. Wales from some press about the game and flies to Scotland.

So with all of that, without knowing what the hell was going on with your career, salary, family and home region, you can imagine that the players can not

And do not be surprised to see Owens and Jones let it all come & # 39; barhau & # 39 ;. You will forgive them for a tear or two. This is important.

What was proposed?

– The Welsh Rugby Union (WRU) announced the & # 39; Project Reset & # 39; plan to renew the Welsh game.

– There have long been talks about regional mergers between the four Welsh teams – Ospreys, Scarlets, Cardiff Blues and Newport-Gwent Dragons.

– This plan would have been Ospreys based in Swansea) and Scarlets (from Llanelli) merged into a single West Wales team in time for the 2019/20 season.

– A new region in North Wales, based on RwC Bay 1404 from Colwyn Bay, would become part of the Pro 12 and European competitions.

– It would have been the biggest commotion in Welsh club rugby since the current regional system was introduced in 2003.

– It came to the fore when the national team of Wales was looking for a Six Nations grand slam. Ospreys chairman Mike James resigned and called "catastrophic mismanagement & # 39; by the WRU.

– Ken Owens, the hooker of Wales and Scarlets who is also the chairman of the Welsh Rugby Players & # 39; voiced & # 39; deep concern & # 39 ;.

– Warren Gatland, the head coach of Wales, admitted that his players were away for the Saturday Scotland game

– Wales called their team early to Murrayfield to change the ever unraveling agenda

– Ospreys players were called up for crisis talks with their club directors in Swansea, where the message to

– Scarlets released a statement on Wednesday confirming that the merger would not take place.

What the chances of Chris Robshaw, Danny Care, Mike Brown and Jonathan Joseph – of which up to now none have been seen in the Six Nations – bringing the plane to Japan at the end of the year for the World Championship?

At this moment you would think that it is slim for everyone based on the last few weeks.

But if you look at history, they should be filled with a sense of calm. Every recent team from the English World Cup match has included players who are not at all in the Six Nations of that year.

Have a stunner on this list?) Chris, Danny, Mike and Jonathan …

* = uncapped as of the conclusion of Six Nations in that year + = Rob Webber, Joe Launchbury, Ben Morgan, Sam Burgess *, Henry Slade *. [Edit] [vermelding toevoegen] Do not play that year in Six Nations or World Cup

2015 Lee Mears, Matt Stevens, Thomas Waldrom +, Richard Wigglesworth, Manu Tuilagi, Delon Armitage.

Mark Regan, Andrew Sheridan, Matt Stevens, Steve Borthwick, Ben Kay, Lewis Moody, Lawrence Dallaglio, Andy Gomarsall, Olly Barkley, Danny Hipkiss *, Paul Sackey, Nick Abendanon +

Even if you are Jones and you choose a team of 31 men, the characteristics you want the number 23-31 for is probably experience, nous and an ability to go through to deal with things.

We think that, if the injuries allow it, they are all on the ol 'jet to Japan.

[Bourgondië]

[Bourgondië] [Bourgondië] [Bourgondië] Townsend chooses a backline so full of vim, strength and one that seems built in his image.

Ali Price, Finn Russell, Peter Horne, Nick Grigg, Darcy Graham, Tommy Seymour, Blair Kinghorn

The nippy nine, the maverick 10, two play-makers, mini-dashers and meter-makers.

It could be a laugh. Or a painful guard.

It could be glorious on the front footman. But holy moly like Jon Davies, Hadleigh Parkes, George North and Co bashing – and Scotland is not in the mood to crash – it could be ugly.

COUNTRY FILE

New Zealand; Italy, Italy, Italy, Italy; Italy, Italy;

& # 39; What is that? & # 39;

[Wat is dat?]

[Watisdat?'Ihoorjehuilen!Herkomstvandelaatsteflessenwijndewedronken?

Do not go crazy – it is the country where each of the 23-member squadrons the English duel was born. That is a decent spread of Italians between the backs and the first row … and then it goes to jet-setty.

Remove a collection on that couch – and yes, they are not the only qualifying and grandparent laws – at this stage Italian rugby needs all the international help they can get

While we have you, the only two letters of the alphabet that do not appear in the Italian team names for Saturday's game?

FRENCH FRANCE, LAST ONE!

Italy full-fledged Jayden Hayward (left) was born in Hawera, New Zealand (unchanged French team)

STOP, press! France has done the unthinkable.

THE LESS SPOTTED BE TE

THE LESS SPOTTED BE TE & # 39; O

We have mentioned this before, against the match of Saturday against Italy of Italy against Ben Te & # 39; o will have played no minute rugby in 49 days – since playing 71 minutes for Worcester against Stade Francais on January 19 –

Worcester matches: 5

Worcester minutes: 339

England Tests

England minutes: 217

TOTAL: 8 matches (556 minutes)

Ben Te & # 39; o has just played eight matches in total during an injury-ridden season until now a row for Wales in this tournament, and when they have done so in the first three games of the Six Nations they have always won the tournament with a Grand Slam.

16 POINTS is England's average profit margin at their last 16 home victories in the Six Nations

50 CAPS for Jonny Gray this weekend, making him just the second Scot is half a century before the age of 25 – with Stuart Hogg.

1999 The last time that Ireland lost back-to-back championship matches – 20 years ago they lost to France and England, so they are defeated by the last party in the opening round will prevent themselves repeat this Sunday.

6 POINTS n Eeded by Owen Farrell to reach 800 in his Test (England & Lions) career. Only 13 others have so many people in the history of the game.

9 DEFEATS in the last eleven matches of Six Nations in France. They go to Dublin this weekend and have defeated Italy (twice) only in two years.

SIX NATIONS MATCH GUIDES

SCOTLAND against WALES Saturday, 2.15 pm Murrayfield LIVE BBC One from 2.00 pm

SCOTLAND: Kinghorn ; Seymour, Grigg, P Horne, Graham; Russell, Price;

WALES: L, WILLIAM, WILSON, WILSON, LAIDLAW, HASTINGS, McGuigan, Williams; North, J Davies, Parkes, Adams; Anscombe, G Davies; R Evans, Owens, Francis, Beard, AW Jones, Navidi, Tipuric, Moriarty

Bank: Dee, Smith, Lewis, Ball, Wainwright, Davies, Biggar, Watkin. : Wales.

ENGLAND – ITALY Saturday, 4.45 pm Twickenham LIVE ITV from sixteen

ENGLAND: Daly; Cokanasiga, Tuilagi, Te & # 39; o, May; Farrell, Youngs; Genge, George, Sinckler, Launchbury, Cross, Shields, Curry, B Vunipola

Bench: Cowan-Dickie, Moon, Cole, Hughes, Wilson, Robson, Ford, Slade. : Hayward; Padovani, Campagnaro, Morisi, Esposito; Allan, Tebaldi; Lovotti, Bigi, Ferrari, Ruzza, Budd, Negri, Steyn, Parisse

Bank: Ghiraldini, Traore, Pasquali, Sisi, Polledri, Palazanni, McKinley, Castello.

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#Leaked plans for ‘Project Reset’ has seen Wales players kick off in rather a large way"

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lucindatracey-blog · 7 years ago

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nancyedimick · 8 years ago

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The ‘do no harm’ amicus brief in ‘BNSF Railway’

A Burlington Northern Santa Fe (BNSF) train moves through Cajon Pass near San Bernardino, Calif., in 2009. (Jonathan Alcorn/Bloomberg)

Next week the Supreme Court will hear oral argument in BNSF Railway v. Tyrrell, a case that has not been at the top of most media coverage about the court, despite confronting the important question:

Whether, notwithstanding this Court’s decision in Daimler AG v. Bauman, 134 S. Ct. 746 (2014), a state court can exercise personal jurisdiction over a defendant railroad that is not at home in the state, in a case that does not arise in the state, on the ground that the plaintiff pleads a cause of action under the Federal Employers’ Liability Act and the railroad is not incorporated overseas.

In essence, this is a personal jurisdiction case about a federal railroad law in which the petitioners have both a statutory and constitutional objection to the jurisdiction asserted by the Montana courts.

What I found worthy of posting about was an academic amicus brief filed by the often-quoted Steve Sachs, which does something that more amicus briefs should do — warn courts that a question is much harder than it may seem and encourage them not to answer it. (In this case, the brief argues that the court should avoid the constitutional question and stick to the statutory question.)

Such briefs perform an important service by trying to prevent bad precedent from being made or extended, especially in cases where that may not be the first priority of the parties and may not be obvious to the court. I also suspect that such briefs are more likely to be effective than briefs which ask the court to adopt an unargued academic theory, since they make the more modest request to “do no harm.”

In any event, to give you a sense of how such an argument proceeds, here is the summary of the argument. I particularly like the last paragraph.

BNSF Railway Co. should win this case, but on statutory grounds alone. BNSF makes three arguments:

1) That Daimler AG v. Bauman, 134 S. Ct. 746 (2014), forbids Montana’s exercise of general personal jurisdiction here, Pet. Br. 22–27;

2) That Congress has not sought to license the state’s exercise of jurisdiction, Pet. Br. 27–48; and

3) That such a license would be void under the Fourteenth Amendment, Pet. Br. 48–54.

BNSF’s first two arguments are fully persuasive and decide the case. As a result, the Court should decline to reach the third argument. Not only is it unnecessary to decide, it has the further defect of being wrong.

Respondents’ case hinges on whether Congress in 1910 affirmatively licensed state personal jurisdiction over railroads doing business within state lines. Br. in Opp. (BIO) 3, 15–18; see Act of April 5, 1910 (1910 Act),ch. 143, § 1, 36 Stat. 291, 291 (codified as amended at 45 U.S.C. § 56 (2012)). It did not. The 1910 Act specified which federal courts might hear certain actions under the Second Federal Employers’ Liability Act (FELA), ch. 149, 35 Stat. 65 (1908) (codified as amended at 45 U.S.C. § 51 et seq. (2012)). It did not say which state courts might do so—only that state courts might do so. Later discussions of doing-business jurisdiction in fact referred to a preexisting standard for state personal jurisdiction, established well before International Shoe Co. v. Washington, 326 U.S. 310 (1945). Respondents’ theory gets things backwards: Congress did not reshape state personal jurisdiction to fit the statutory rules for federal courts; rather, it shaped the statutory rules for federal courts to fit preexisting rules for state personal jurisdiction.

While Congress in 1910 left state personal jurisdiction as it found it, this Court’s modern decisions have not. Respondents do not ask for Daimler to be overruled, nor do they deny that Daimler requires reversal in the absence of a statutory override. BIO 7–12; cf. this Court’s Rule 15.2. This is enough to end the case.

That being so, the Court has no need to reach an important constitutional question. This Court has never squarely decided whether Congress may license the exercise of state personal jurisdiction that might otherwise be invalid. See BIO 17–18; Reply to Br. in Opp. 8. It should not do so in this case. “[N]ormally the Court will not decide a constitutional question if there is some other ground upon which to dispose of the case,” Bond v. United States, 134 S. Ct. 2077, 2087 (2014) (internal quotation marks omitted); see also Ashwander v. TVA, 297 U.S. 288, 347 (1936) (Brandeis, J., concurring), and here there are further reasons for reticence. The United States did not participate before the Montana courts, and limiting Congress’s power in this case may have the effect of striking down other federal statutes or may undermine ongoing legislative efforts and treaty negotiations. If the Court is going to restrict the power of Congress, it should wait for a case in which Congress has actually tried to use the power in question, and in which the United States has been available to defend it.

The Court may be tempted to reach the issue regardless, simply because it seems easy—so easy, in fact, as to obviate any need for caution. Congress cannot license what the Constitution forbids, and the Constitution is widely thought to forbid particular types of personal jurisdiction. Yet that widespread belief is actually mistaken. When originally enacted, the Fifth and Fourteenth Amendments did not themselves impose any fixed limits on personal jurisdiction. They required only that a court have jurisdiction, over the subject matter as well as the parties—with the substantive doctrines of personal jurisdiction supplied by separate bodies of general and international law. The Fourteenth Amendment, in particular, was correctly understood by this Court in Pennoyer v. Neff to create a federal question of what had been merely a matter of general law, outside the scope of Article III appellate review. See 95 U.S. 714, 722, 732–33 (1878); see generally Sachs, Pennoyer Was Right, 95 Tex. L. Rev. (forthcoming 2017), http://ssrn.com/id=2832200. Modern doctrine is correct to hold that federal courts can review state judgments for their compliance with jurisdictional standards. But it is wrong to suggest that those standards are supplied by the Constitution itself, and so may not be altered by treaty or by Congress’s enumerated power under Article IV.

To be clear: this brief does not suggest that the Court conduct its own inquiry as to the original law of due process, or even discuss the issue in any way. The necessary arguments were not briefed at the certiorari stage; they were not raised in the Montana courts; and they have been overlooked by decades of contrary decisions. Yet if the Court now finds itself in a deep hole of incorrect precedent, the least it can do is to stop digging. It should reverse and remand this judgment on statutory grounds, and it should wait for an appropriate case in which to consider the powers of Congress.

Originally Found On: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/04/18/the-do-no-harm-amicus-brief-in-bnsf-railway/

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wolfandpravato · 8 years ago