prompt_front: Answer the question based on the given passages. Only give me the answer and do not output any other words.

Question: The 2011 La Manga Cup was won by Viking, who beat which Norwegian football club from the town of Kristiansand, currently playing in Tippeligaen having been promoted from Adeccoligaen in 2012?

The following are given passages.
Context 1: Passage 1:
Sarpsborg 08 FF
Sarpsborg 08 Fotballforening, commonly known as Sarpsborg 08 or simply Sarpsborg ([ˈsɑ̀ʂbɔr]), is a Norwegian football club based in Sarpsborg, playing in Eliteserien  Sarpsborg 08 and its predecessors played in 1  divisjon from 2005 to 2010  In 2010, the club was promoted to the Tippeligaen, the top league in Norway, but finished last and was relegated back to 1  divisjon in 2011  In 2012, they were promoted again and 6 years after, they qualified for their first Europa League group stage  They play their home games at Sarpsborg Stadion 

History
Pre-existence
Football in Sarpsborg has traditionally been dominated by Sarpsborg FK (SFK), which won the Norwegian Cup six times and played 20 seasons in the top division, and to a lesser extent IL Sparta, which won the Norwegian Cup in 1952 and played nine seasons in the top division  However, after SFK's relegation from the 1974, no teams from Sarpsborg played in the top division for the next two decades  In 1999, 16 teams in the Sarpsborg area joined forces to create a team that could compete in the top divisions of Norwegian football, called Sarpsborg Fotball, which overtook SFK's spot in the league-system  In its first season, the team was relegated from the 2  divisjon, and several clubs, including both SFK and Sparta, withdrew from the collaboration 
The remaining clubs in the "Sarpsborg Fotball" project formed a new club called Borg Fotball, which won promotion to the 2  divisjon in 2002, but was relegated again in 2003  Meanwhile, Sparta was promoted to the Second Division the same season, and re-entered the collaboration club which now was renamed FK Sparta Sarpsborg  The club earned promotion to 1  divisjon (the second tier of Norwegian football) in 2005 

Foundation
At the end of the 2007 season, the last major club in the district, Sarpsborg FK, joined the collaboration of teams and ended a rather long and hefty rivalry between the two clubs  At the same time, in an effort to unite the different factions within the collaboration, the jersey was changed and the club renamed itself Sarpsborg Sparta FK  This name remained a source of contention throughout the 2008 season, however, and a new name, Sarpsborg 08 FF, was adopted in 2009 
The 2009 season started badly for Sarpsborg, and it appeared they would be fighting against relegation to the 2  divisjon  The situation worsened when the Football Association of Norway determined that Sarpsborg 08 had submitted an unrealistic budget when they obtained their license to play in the 1  divisjon, and were penalized three points in June, leaving Sarpsborg in a relegation spot  However, after Roar Johansen became coach, the second part of the season went well for the team, which not only climbed out of the relegation spots, but finished fifth, allowing them to participate in the qualification matches for the 2010 Tippeligaen  In the semi-final match of the qualification, Sarpsborg defeated local rivals Fredrikstad FK 2–0 (who were therefore relegated from the top division)  In the home match of the qualification final, Sarpsborg defeated Kongsvinger 3–2, but lost the second leg 3–1 and remained in the 1  divisjon 

Promotions and development
The 2010 season ended with a 4–0 home-win against Alta  This meant that the team ended in second place, after league-winner Sogndal, and won the right to play in the 2011 edition of the Tippeligaen 
The 2011 season started with a surprising 3–0 win against Molde in Ole Gunnar Solskjær first match as manager of Molde  But after a good start, Sarpsborg was relegated back to 1  divisjon on 23 October 2011, when they lost 3–0 away at Brann with three rounds left to play  The club finished last with only 21 points 
In the 2012 season, Sarpsborg finished the 1  divisjon in second place and was promoted to Tippeligaen  On 3 January 2013, former Sheffield United striker Brian Deane was appointed as head coach  In 2015, Geir Bakke took over as head coach and led the club to their first Norwegian Cup final  They lost the 2015 Norwegian Football Cup final 0−2 against Rosenborg  In 2017 they repeated the feat and reached the final again, but lost 2–3 against Lillestrøm  Sarpsborg finished in third place in the 2017 Eliteserien, their first medal-winning position in club history 
On 30 August 2018 Sarpsborg 08 qualified for the group stage of the 2018–19 UEFA Europa League for the first time in history 

African springboard
Sarpsborg 08 has gained a reputation as one of the best springboards for African players in need of a European acclimatization club  Senegalese Makthar Thioune played three years for Sparta Sarpsborg and Sarpsborg Sparta (Sarpsborg 08's predecessors) in the second tier, and when Molde purchased him in 2009 he was immediately "Player of the Year" in the top league, with the third highest rating in a 25-year period  He later played in Germany  Another big Sarpsborg 08 transfer in 2014 happened when Guangshou R&F manager Sven Göran Eriksson purchased Aaron Samuel from Sarpsborg 08 for €1 4m  Samuel blossomed in Sarpsborg with 13 goals in a year, after only 2 goals in big city club Vålerenga  He also scored both his goals for Nigeria in 2014  In 2017 Sarpsborg 08 signed Krepin Diatta from Senegal  He hardly played in his first half year in the club, but then blossomed with 5 goals and 8 assists in 3 months  Diatta was then sold to Brügge for €2 65m and later to Monaco for €16 7m  In 2019 Sarpsborg 08 signed Malian Ismaila Coulibaly and while acclimatized he only started 5 matches in the first 35 league matches while in the club  Then he was given the chance at a time the club was rock bottom with five losses in five matches  The club then took 17 points in the next 6 weeks and Coulibaly dominated with 4 goals, leading to Sheffield United purchasing him for €2m  Being only the 16th largest municipality in Norway, the processing of African teenage talents has been a major success factor leading to Sarpsborg 08 fighting above the size of the city 

Recent history
European record
Notes1QR: First qualifying round
2QR: Second qualifying round
3QR: Third qualifying round
PO: Play-off round

Players
Current squad
As of 5 May 2023Note: Flags indicate national team as defined under FIFA eligibility rules  Players may hold more than one non-FIFA nationality 

Out on loan
Note: Flags indicate national team as defined under FIFA eligibility rules  Players may hold more than one non-FIFA nationality 

Notable players
Below are notable players who have represented Sarpsborg 08  To appear in the section below, a player must have either at least two international matches or Champions League matches (group stage or later), 150 official club matches or 30 club goals, including appearances and goals for preceding teams mentioned in pre-existence phase  Players are sorted by birth date 

Managers
Passage 2:
2014 La Manga Cup
The 2014 La Manga Cup is an exhibition international club football (soccer) competition featuring football club teams from Europe, which was held in February 2014  All matches were played in La Manga Stadium in La Manga, Spain  This was the seventeenth La Manga Cup 

Teams
The following four clubs participated in the 2014 tournament:
 Aalesund
 Brann
 Sogndal
 Start

Standings
Matches
Winners
Passage 3:
2010 La Manga Cup
The 2010 La Manga Cup was an exhibition international club football (soccer) competition featuring football club teams from Europe and North America, which was held in February 2010  All matches were played in La Manga Stadium in La Manga Club, Spain  This was the thirteenth La Manga Cup  The tournament was won by Molde, who beat FC Nordsjælland 2–1 in the final 

Teams
The following eight clubs participated in the 2010 tournament:
 FC Midtjylland from the Danish Superliga in Denmark
 FC Nordsjælland from the Danish Superliga in Denmark
 SønderjyskE from the Danish Superliga in Denmark
 Seattle Sounders FC from Major League Soccer in the United States of America
 Molde from Tippeligaen in Norway
 Rosenborg from Tippeligaen in Norway
 Brann from Tippeligaen in Norway
 Stabæk from Tippeligaen in Norway

Matches
The following games are part of the tournament 

Quarterfinals
Semifinals Places 5-8
Semifinals Places 1-4
Seventh Place Match
Fifth Place Match
Third Place Match
Final
Final Placement
Passage 4:
IK Start
Idrettsklubben Start (or simply IK Start, translates to The sports club Start  ) is a Norwegian football club from the city of Kristiansand that currently plays in the Norwegian First Division, the second tier of the Norwegian football league system  The club was founded on 19 September 1905  The club's current head coach is Sindre Tjelmeland  The team plays in yellow jerseys, black shorts and socks at home, and black jerseys, yellow shorts and socks away 
They play their home matches at Sør Arena, the club's own football stadium, opened in 2007  Before moving to Sør Arena, IK Start played their games at Kristiansand Stadion  The team's official supporter club was called "Tigerberget", until 2017, when the IK Start board decided to no longer have an official supporter club 

History
Start were Norwegian champions in 1978 and 1980  They participated in the European Cup in 1979 and 1981, as well as being qualified for the UEFA Champions League 2006–07  The years since 1995 have been turbulent, but recent investments have given greater expectations for the future  In 2004 they won the Norwegian 1  divisjon and were promoted to the top flight 
In 2005 they reached second place, following Vålerenga, after a strong comeback season in the Tippeligaen  For this, Start earned a place in the UEFA Cup 2006 
In 2006, after beating Skála of the Faroe Islands in the first qualifying round of the UEFA Cup, and Drogheda United of Ireland in the second qualifying round (after penalties), they reached the first round of the UEFA Cup, where they were knocked out by Ajax of the Netherlands 
2007 was a bad year for Start, with problems working as a team and management issues  It led to a disappointing 13th place, leading to Start's relegation to 1  divisjon  In 2008 the club got financial problems  The local government saved the club from bankruptcy  The financial difficulties has plagued Start for several seasons, due to the financial crisis and the Norwegian footballteams overspending, Start being no exception  The last couple of seasons, Start has downsized and saved money, for example by changing the turf on Sør Arena, the hopes being that the savings will keep the wheels turning in Start 
Ahead of the 2009 season, Knut Tørum was appointed head coach of Start  The next two seasons, Start was positioned at the lower half of Tippeligaen although achieving some strong results, like being the only team to beat Rosenborg in 2009, at Rosenborgs homeground Lerkendal, delaying their gold celebration  On 22 June 2011, Start had 13 points in 12 matches, and Tørum decided to resign hours before a cup-match against Strømsgodset, a match Start won without Tørum  Mons Ivar Mjelde replaced Tørum as head coach, but was not able to save Start from relegation  Start started the 2012 1  divisjon in strong fashion, leading the division and winning important matches and won promotion at the end of the season 
Start defeated Stabæk 4–1 on 4 July 2015  From 12 July 2015 to 18 September 2016, Start played 39 consecutive games without a win in Tippeligaen  This is the longest run without winning a single game across any top division in Europe 

Badge
Since the club was founded in 1905, the club badge had been a blue and white pennant  In November 2017, the badge was replaced with a more modernised version in all black  The new crest was in use for four years, before Start decided to return to the old one in March 2022 

Achievements
Eliteserien:
Winners (2): 1978, 1980
Runners-up (1): 2005
Third place (7): 1973, 1975, 1979, 1983, 1984, 1991, 1992
Norwegian Cup:
Semi finalist (7): 1975, 1978, 1988, 2000, 2006, 2011, 2018
1  divisjon:
Winners (4): 1968, 1972, 2004, 2012
Promotion: 1958–59, 1988, 1999, 2001, 2008, 2017

Recent history
Source:

Current squad
As of 12 April 2023Note: Flags indicate national team as defined under FIFA eligibility rules  Players may hold more than one non-FIFA nationality 

Coaching staff
Former head coaches
European record
Passage 5:
2013 La Manga Cup
The 2013 La Manga Cup was an exhibition international club football (soccer) competition featuring football club teams from Europe, which was held in February 2013  All matches were played in La Manga Stadium in La Manga Club, Spain  This was the sixteenth La Manga Cup 

Teams
The following eight clubs participated in the 2013 tournament:
 Aalesund
 Astra Giurgiu
 CSKA Moscow
 Kalmar
 Lillestrøm
 Nordsjælland
 Start
 Vålerenga

Standings
With only six teams entered, the 2012 version of the Cup was contested in a Round Robin style format, wherein each participating team played against three of the other seven teams entered in the competition, with the winner determined by points earned 

Matches
Winners
Passage 6:
La Manga Cup
La Manga Cup is a winter football tournament played in La Manga Club, La Manga del Mar Menor (Murcia, Spain)  Usual participants are clubs from countries with a summer football season: Sweden, Finland, Denmark, Norway, Russia, Ukraine, and the United States and Canada  The first cup was played in 1999 and was won by Rosenborg, who are the most successful team to date with three wins 

Winners
Performance
Performance by club
Performance by country
External links
History of tournament
Results (1999-2009)
Results (2010-2012)
La Manga Cup Standings 2000-2013
La Manga Cup Live Scores
Passage 7:
2015 La Manga Cup
The 2015 La Manga Cup is an exhibition international club football (soccer) competition featuring football club teams from Europe, which was held in February and March 2015  All matches were played in La Manga Stadium in La Manga Club, Spain  This was the eighteenth La Manga Cup 

Teams
The following 32 clubs participated in the 2015 tournament:

Standings
Group 1
Matches
Passage 8:
2012 La Manga Cup
The 2012 La Manga Cup was an exhibition international club football (soccer) competition featuring football club teams from Europe, which was held in February 2012  All matches were played in La Manga Stadium in La Manga, Spain  This was the fifteenth La Manga Cup  The tournament was won by FC Nordsjælland, who beat Vålerenga on goal differential after both clubs finished with identical records of two wins and one draw 

Teams
The following six clubs participated in the 2012 tournament:
 FC Dnipro Dnipropetrovsk from the Ukrainian Premier League in Ukraine
 FC Nordsjælland from the Danish Superliga in Denmark
 FK Ekranas from the A Lyga in Lithuania
 Strømsgodset from the Tippeligaen in Norway
 Vålerenga from the Tippeligaen in Norway
 Viking from the Tippeligaen in Norway

Standings
With only six teams entered, the 2012 version of the Cup was contested in a Round Robin style format, wherein each participating team played against three of the other five teams entered in the competition, with the winner determined by points earned 

Matches
Passage 9:
2001 Norwegian Football Cup Final
The 2001 Norwegian Football Cup final was the final match of the 2001 Norwegian Football Cup, the 96th season of the Norwegian Football Cup, the premier Norwegian football cup competition organized by the Football Association of Norway (NFF)  The match was played on 4 November 2001 at the Ullevaal Stadion in Oslo, and opposed two Tippeligaen sides Bryne and Viking  Viking defeated Bryne 3–0 to claim the Norwegian Cup for a fifth time in their history  Despite the victory, the Viking's players reported for training at 2 p m  the next day 

Route to the final
Match
Details
Passage 10:
2011 La Manga Cup
The 2011 La Manga Cup was an exhibition international club football (soccer) competition featuring football club teams from Europe, which was held in February 2011  All matches were played in La Manga Stadium in La Manga, Spain  This was the fourteenth La Manga Cup  The tournament was won by Viking, who beat Start on goal differential after both clubs finished with identical records of two wins and one draw 

Teams
The following 8 clubs participated in the 2011 tournament:

 FC Midtjylland from the Danish Superliga in Denmark
 Esbjerg fB from the Danish Superliga in Denmark
 Randers FC from the Danish Superliga in Denmark
 Kalmar FF from the Allsvenskan in Sweden
 Strømsgodset from Tippeligaen in Norway
 Viking from Tippeligaen in Norway
 Odd Grenland from Tippeligaen in Norway
 Start from Tippeligaen in Norway

Standings
With eight teams entered, the 2011 version of the Cup was contested in a Round Robin style format, wherein each participating team played against three of the other seven teams entered in the competition, with the winner determined by points earned 

Matches



ground_truth: IK Start

prompt_front: Answer the question based on the given passages. Only give me the answer and do not output any other words.

Question: Which case was brought to court first Miller v. California or Gates v. Collier ?

The following are given passages.
Context 2: Passage 1:
Trusty system (prison)
The "trusty system" (sometimes incorrectly called "trustee system") was a penitentiary system of discipline and security enforced in parts of the United States until the 1980s, in which designated inmates were given various privileges, abilities, and responsibilities not available to all inmates It was made compulsory under Mississippi state law but was used in other states as well, such as Arkansas, Alabama, Louisiana, New York and Texas  The method of controlling and working inmates at Mississippi State Penitentiary at Parchman was designed in 1901 to replace convict leasing  The case Gates v  Collier ended the flagrant abuse of inmates under the trusty system and other prison abuses that had continued essentially unchanged since the building of the Mississippi State Penitentiary  Other states using the trusty system were also forced to give it up under the ruling 

History
Prisons had trusties as far back as the 1800s 

Parchman Farm
The prison had approximately 16,000 acres (65 km2) of farmland and grew such cash crops as cotton as well as engaged in livestock production  Although the population of the prison was around 1,900 inmates (two thirds of whom were black and in racially-segregated units), the law allowed only a maximum of 150 staff members to be hired to minimize operating costs  Thus, the farm labor was done by inmates The bulk of guarding and disciplining of the inmates was performed by inmate trusties  They also performed most of the administrative work, supervised by a few employees  Therefore, the inmate trusties essentially controlled inmate care and custody, basically running the prison system Highest in the prison inmate hierarchy were the inmates armed with rifles, called the "trusty shooters"  Their job was to act as prison guards and control other inmates on a day-to-day basis in the residential camps or out on the field work crews  Next came the unarmed trusties who performed janitorial, clerical, and other menial tasks for the prison's staff  Simple tasks, such as distributing medication, were carried out by other categories of inmates such as "hallboys"  Inmate trusties enforced discipline within the prison inmate living quarters (16 different residential camps) and in the work camps and prison farms  In addition to punishment administered on site, inmate trusties could recommend further punishment in the special punishment area for disobedient or disruptive inmates According to attorney Roy Haber, who handled the series of litigation cases brought by the American Civil Liberties Union against the trusty system, inmates were whipped with leather straps for failing to pick their daily quota of cotton  The farm's camps of black inmates were supervised by one white sergeant, and under him the black inmate "trusty shooters", who were serving sentences for murder, carried rifles and enforced discipline 

Abolition
Gates v  Collier (Gates v  Collier Prison Reform Case, 1970–1971) ended the flagrant abuse of inmates under the trusty system and other prison abuses that had continued essentially unchanged since the building of the prison in 1903  On October 20, 1972, Federal Judge William Keady ordered the end of racial segregation in prison residential quarters  He also required replacement of trusty shooters with civilian prison guards Any system in which inmates were allowed to be in a position of authority and control other inmates or to use physical abuse or intimidation of other inmates was abolished  It also found some types of corporal punishment were a violation of an inmate's Eighth Amendment rights, including "handcuffing inmates to the fence and to cells for, long periods of time,    and forcing inmates to stand, sit or lie on crates, stumps, or otherwise maintain awkward positions for prolonged periods "Its structure and abuses were detailed in Hope v  Pelzer in which a former inmate sued the prison superintendent for personal injury suffered under the trusty system Other states using the trusty system, such as Arkansas, Alabama, Louisiana, and Texas were also forced to abolish it under the Gates v  Collier rulings  However, some states, such as Texas, still continued their use of trusty systems (known as "building tenders") until the 1980s, when Federal Judge William Wayne Justice, in Ruiz v  Estelle, 503 F  Supp  1265 (S D  Tex  1980), compelled the replacement of the trusty system with the strictly-regulated Support Service Inmate (SSI) system 

See also
"Parchman Farm" (song)
Louisiana State Penitentiary
Kapo
Passage 2:
Brockmeyer v  Dun &amp; Bradstreet
Brockmeyer v  Dun & Bradstreet 113 Wis  2d 561, 335 N W 2d 834 (Wis  1983), was a case in which the Wisconsin Supreme Court first identified that Wisconsin has some judicial exceptions to the employment at will doctrine 

Facts
Charles J  Brockmeyer was employed at investment firm Dun & Bradstreet as a district manager of credit services, though he lacked a formal employment contract  After the employer settled a sex discrimination suit filed by the employee's former secretary, with whom he allegedly had an affair, the employer fired the employee  The court held that it was appropriate to create a public policy exception to the employment-at-will doctrine, as the termination had clearly violated a well-defined public policy, as evidenced by existing law  While the employer's actions may have constituted bad faith, they did not contravene the policies of any statute or constitutional provision  As the employee failed to prove that his discharge violated fundamental public policy, the decision for the employer was appropriate 

Holding
The court affirmed the decision of the lower court in favor of the employer 

Citations
The case is cited in Bammert v  Don's Super Valu, Inc 
Passage 3:
Miller v  California
Miller v  California, 413 U S  15 (1973), was a landmark decision of the U S  Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value"  It is now referred to as the three-prong standard or the Miller test 

Background
In 1971, Marvin Miller, an owner/operator of a California mail-order business specializing in pornographic films and books, sent out a brochure advertising books and a film that graphically depicted sexual activity between men and women  The brochure used in the mailing contained graphic images from the books and the film  Five of the brochures were mailed to a restaurant in Newport Beach, California  The owner and his mother opened the envelope and seeing the brochures, called the police Miller was arrested and charged with violating California Penal Code 311 2(a) which says in part, "Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is for a first offense, guilty of a misdemeanor " California lawmakers wrote the statute based on two previous Supreme Court obscenity cases, Memoirs v  Massachusetts and Roth v  United States Miller was tried by jury in the Superior Court of Orange County  At the conclusion of the evidence phase, the judge instructed the jury to evaluate the evidence by the community standards of California, i e , as defined by the statute  The jury returned a guilty verdict 
Miller appealed to the Appellate Division of the Superior Court, arguing that the jury instructions did not use the standard set in Memoirs v  Massachusetts which said that in order to be judged obscene, materials must be "utterly without redeeming social value " Miller argued that only a national standard for obscenity could be applied  The appellate division rejected the argument and affirmed the jury verdict  Miller then filed an appeal with the California Court of Appeal for the Third District, which declined to review  Miller applied to the Supreme Court for certiorari, which was granted  Oral arguments were heard in January 1972 

Previous Supreme Court decisions on obscenity
The U S  Supreme Court granted certiorari to Miller because the California law was based on its two previous obscenity cases which the Court wanted to revisit  Chief Justice Warren Burger came to the Court in 1969 believing that the Court's obscenity jurisprudence was misguided and governments should be given more leeway to ban obscene materials  In consideration of Miller in May and June 1972, Burger pushed successfully for a looser definition of "obscenity" which would allow local prosecutions, while Justice William J  Brennan, Jr , who by now also believed the Roth and Memoirs tests should be abandoned, led the charge for protecting all "obscenity" unless distributed to minors or exposed offensively to unconsenting adults  Decision of the case was contentious, and Miller was put over for reargument for October term in 1972, and did not come down until June 1973, with Burger prevailing with a 5–4 vote Since the Court's decision in Roth v  United States, the Court had struggled to define what constituted constitutionally unprotected obscene material  Under the Comstock laws that prevailed before Roth, articulated most famously in the 1868 English case Regina v Hicklin, any material that tended to "deprave and corrupt those whose minds are open to such immoral influences" was deemed "obscene" and could be banned on that basis  Thus, works by Honoré de Balzac, Gustave Flaubert, James Joyce, and D  H  Lawrence were banned based on isolated passages and the effect they might have on children  Roth repudiated the "Hicklin test" and defined obscenity more strictly, as material whose "dominant theme taken as a whole appeals to the prurient interest" to the "average person, applying contemporary community standards"  Only material now meeting this test could be banned as "obscene" In Memoirs v  Massachusetts, a plurality of the Court further redefined the Roth test by holding unprotected only that which is "patently offensive" and "utterly without redeeming social value," but no opinion in that case could command a majority of the Court either, and the state of the law in the obscenity field remained confused   In Jacobellis v  Ohio, Justice Potter Stewart's concurring opinion said that the Court in earlier pornography cases "was faced with the task of trying to define what may be indefinable," and that criminal laws were constitutionally limited to "hard-core pornography," which he did not try to define: "perhaps I could never succeed in intelligibly doing so  But I know it when I see it " Other Justices  had equally been unwilling to clearly define what pornography could be prohibited by the First Amendment 

Supreme Court decision
Miller had based his appeal in California on Memoirs v  Massachusetts  The Court rejected that argument 
The question before the court was whether the sale and distribution of obscene material was protected under the First Amendment's guarantee of Freedom of Speech  The Court ruled that it was not  It indicated that "obscene material is not protected by the First Amendment," especially that of hardcore pornography, thereby reaffirming part of Roth However, the Court acknowledged "the inherent dangers of undertaking to regulate any form of expression," and said that "State statutes designed to regulate obscene materials must be carefully limited " The Court, in an attempt to set such limits, devised a set of three criteria which must be met for a work to be legitimately subject to state regulation:

whether the average person, applying contemporary "community standards," would find that the work, taken as a whole, appeals to the prurient interest;
whether the work depicts or describes, in an offensive way, sexual conduct or excretory functions, as specifically defined by applicable state law (the syllabus of the case mentions only sexual conduct, but excretory functions are explicitly mentioned on page 25 of the majority opinion); and
whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value This obscenity test overturns the definition of obscenity set out in the Memoirs decision, which held that "all ideas having even the slightest redeeming social importance     have the full protection of the guaranties [of the First Amendment]" and that obscenity was that which was "utterly without redeeming social importance" The Miller decision vacated the jury verdict and remanded the case back to the California Superior Court 

Definition of obscenity post-Miller
Miller provided states greater freedom in prosecuting alleged purveyors of "obscene" material because, for the first time since Roth, a majority of the Court agreed on a definition of "obscenity " Hundreds of "obscenity" prosecutions went forward after Miller, and the Supreme Court began denying review of these state actions after years of reviewing many "obscenity" convictions (over 60 appeared on the Court's docket for the 1971–72 term, pre-Miller) A companion case to Miller, Paris Adult Theatre I v  Slaton, provided states with greater leeway to shut down adult movie houses  Controversy arose over Miller's "community standards" analysis, with critics charging that Miller encouraged forum shopping to prosecute national producers of what some believe to be "obscenity" in locales where community standards differ substantially from the rest of the nation  For example, under the "community standards" prong of the Miller test, what might be considered "obscene" in Utah might not be considered "obscene" in Massachusetts, or the opposite might be true; in any event, prosecutors tend to bring charges in locales where they believe that they will prevail  Justice Brennan, author of the Roth opinion, argued in his dissent for Paris Adult Theatre that outright suppression of obscenity is too vague to enforce in line with the First and Fourteenth Amendments The standards established by Miller were elaborated upon in Pope v  Illinois in 1987  In the case, the jury instructions for the local court had been for the jurors to evaluate whether adult magazines had value according to a community standard, and the conviction was held by the Illinois appellate court  The Supreme Court overruled the appellate court decision, siding with the defendant  In the majority opinion, the Supreme Court held that the first two prongs of the test were to be evaluated according to a "community standard," but not the third, which was to be held to the higher standard of a "reasonable person" evaluating the work for value In 1987, Oregon became the first state to strike down the criminalization of obscenity  In State v  Henry, the Oregon Supreme Court ruled in favor of Earl Henry, the owner of an adult bookstore, stating that the state obscenity statute violated the free speech provision of Oregon's state constitution In 1997, the Supreme Court ruled in Reno v  American Civil Liberties Union that the anti-indecency provisions of the Communications Decency Act were unconstitutional  The Act had criminalized the sending of "obscene or indecent" material to minors over the Internet  The court unanimously ruled that the provision violated the First Amendment due to its burden on free speech 

Effects of the decision
In the years since Miller, many localities have cracked down on adult theatres and bookstores, as well as nude dancing, through restrictive zoning ordinances and public nudity laws Additionally, in 1982's New York v  Ferber the Court declared child pornography as unprotected by the First Amendment, upholding the state of New York's ban on that material  In the 2002 Ashcroft v  Free Speech Coalition case, however, the Court held that sexually explicit material that only appears to depict minors, but actually does not, might be exempt from obscenity rulings In American Booksellers Foundation for Free Expression v  Strickland, plaintiffs American Booksellers Foundation for Free Expression, joined by various publishers, retailers, and web site operators, sued Ohio's Attorney General and Ohio county prosecutors in United States District Court for the Southern District of Ohio  Plaintiffs alleged that Ohio Revised Code §2907 01(E) and (J), which prohibited the dissemination or display of "materials harmful to juveniles", unconstitutionally violated both the First Amendment and the Commerce Clause of the Constitution  Plaintiffs specifically challenged the statute's definition of "harmful to juveniles", as well as the provisions governing Internet dissemination of those materials  The court held the statute unconstitutional because the statute's definition of "material harmful to minors" did not comply with Miller The "community standards" portion of the decision is of particular relevance with the rise of the Internet, as materials believed by some to be "obscene" can be accessed from anywhere in the nation, including places where there is a greater concern about "obscenity" than other areas of the nation  Enforcing and applying obscenity laws to the Internet have proven difficult  Both the Child Pornography Prevention Act (CPPA) and the Child Online Protection Act (COPA) have had sections struck down as unconstitutional in cases such as Ashcroft v  Free Speech Coalition and Ashcroft v  ACLU 

See also
List of United States Supreme Court cases, volume 413
Sex-related court cases
United States obscenity law
Passage 4:
Gasser v MISAT
Gasser v MISAT (C–116/02) was a decision of the European Court of Justice regarding the interpretation of the Brussels convention of 1968 ruling that a court chosen in a choice of court agreement should stay its proceedings - as any other court chosen second within the Brussels regime - until the court first seized had declared it did not have jurisdiction  The court's decision was considered problematic as it favoured the uniformity of application of the Brussels regime jurisdictional rules temporarily over party autonomy : 572  Due to similar provisions in the 2001 Brussels Regulation and Lugano Conventions, the interpretation also affects choice of court agreements under those later instruments  However, in the 2012 Recast version of the Brussels I Regulation chosen courts can take jurisdiction, even if a court not chosen has been addressed first 

Facts
Austrian supplier Gasser and Italian distributor MISAT entered into a contract together for the supply of children's clothes  In the contract, they included a choice-of-court agreement, stipulating that an Austrian court have jurisdiction in case of conflict  However, when a dispute arose between the two parties, MISAT seised an Italian court to declare that the contract had been terminated, contrary to the choice-of-court clause they agreed on 
MISAT relied on Article 21 of the Brussels Convention, a convention to which all members of the European Community were party, and which regulates which court within those states has jurisdiction  The convention contains a lis alibi pendens-rule: where proceedings involving the same issue and between the same parties are brought before the courts of different Member States, the court seised second must stay proceedings up until the jurisdiction of the court first seised has been established – after which the court second seised must decline jurisdiction if the court first seised is indeed found to have jurisdiction  Consequently, Article 21 of the Convention establishes a type of "first come, first served"-rule: when there is a triple identity in parties,: §34  object,: §40  as well as cause of action, the court that has been seised second will only be able to decide in the case when it has been decided in the first court that the latter has no jurisdiction  The Report Jenard cites the need to "facilitate the proper administration of justice within the Community" as the underlying idea behind this lis alibi pendens rule, as irreconcilable judgments would obstruct such proper administration and ultimately be detrimental to the "mutual trust in the administration of justice in the Community"  Consequently, the lis pendens-rule can be considered as an expression of the Regulation's search for both certainty and the preservation of mutual trust amongst Member States The problem however in the case at hand was that the parties had first made an agreement as to which court would have jurisdiction in case of conflict- namely an Austrian court  Consequently, Gasser brought the same case before the Oberlandesgericht (Higher Regional Court) Innsbruck in Austria, where the question was eventually passed on to the European Court of Justice of whether or not the lis pendens-rule could override the parties' autonomous decision contained in their choice-of-court agreement and thus, if the abovementioned rule contained in Article 21 of the Convention was applicable or not : §21, §28

CJEU procedure
The reference for a preliminary ruling were made on 25 March 2002, and observations were made -in addition to the parties in the dispute- by Italy, the United Kingdom and the European Commission  While Italy, the Commission and Misat contended that the lis pendens doctrine needed to take precedence, and that thus the court second seized should stay its proceedings until the first court had decided on its position, the UK and Gasser argued that the choice of the parties should take immediate precedence over the lis pendens rule 

Advocate-General
The (advisory) opinion of Advocate-General was delivered on 9 September 2003  The Advocate-general held that the European Court of Justice had the possibility to rule that a valid choice of court clause amounted exclusive jurisdiction to a (group of) courts, and that thus it was possible to derogate from using the lis pendens doctrine and give such a court immediate jurisdiction  The court had made a similar exception before in Overseas Union Insurance Ltd and Deutsche Ruck Uk Reinsurance Ltd and Pine Top Insurance Company Ltd v New Hampshire Insurance Company where it ruled that if one of the "exclusive jurisdiction" grounds of Article 16 applied, the court that had exclusive jurisdiction did not have to stay proceedings, even if it was seized second  The exclusive jurisdiction of choice of court agreements/clauses is however placed in Article 15, and thus is not automatically covered by the judgments  The Advocate general suggested to only allow a court seized second (and which was chosen in a choice of court clause/agreement) "where there is no room for any doubt as to the jurisdiction of the court second seised"; to avoid the situations where both courts would assume jurisdiction 

Decision
The Court resolutely rejected the possibility that the party autonomy could take precedence over the abovementioned goals of certainty and mutual trust, stating that "the court second seised is never in a better position than the court first seised to determine whether the latter has jurisdiction" : §48  Even though the Austrian court was consistent with the parties choice-of-court agreement, it was for the court first seized to decide it had not jurisdiction and the presence of such a clause is "not such as to call in question the application of the procedural rule contained in Article 21 of the Convention [now Article 27], which is based clearly and solely on the chronological order in which the courts involved are seised" : §46–47

Relevance
The ruling by the Court has implications not only for the application of the Brussels Convention, but also by the Brussels I Regulation (44/2001) that mostly replaced it, and for the interpretation by EU states of the Lugano Conventions of 1998 and 2007 that contain similar provisions : 572 First, there is the (unlikely) risk that the court first seised finds the jurisdiction clause invalid, which consequently takes away the possibility for the designated court to decide the case, even if the latter would have declared the clause valid : 577  Although the Court in Gasser first seems to minimise the likelihood of this hypothesis by stating that a jurisdiction clause "must be regarded as an independent concept",: §51  it nonetheless points out that verifying the existence of jurisdiction clauses "may necessitate delicate and costly investigations" : §26  As a result, although unlikely, there is still a risk that two courts from different Member States will decide upon the validity of a jurisdiction clause differently : 572 Second, the Court's ruling, which imposes a sort of absolute first-come, first-served principle, promotes the use of tactical litigation and "torpedo claims" : 573  The reason why can be described as the difference between theory and reality  In theory, the fact that a party would have to turn to a different Member State for a ruling in his case is irrelevant or even meaningless, as the Brussels I Regulation rests upon the axiomatic assumption that procedural justice is served wherever in the community proceedings are heard : 570  In reality however, this fact is of great tactical significance to the recalcitrant party, since -apart from the aforementioned fact that the first court seised may determine the effect of Article 23 differently- some Member States have a system of much slower-moving judiciary, which makes the realisation of procedural justice unlikely : 577  Italy is a prime example thereof, with decisions on jurisdiction alone taking several months or even years; commencing proceedings in Italy is accordingly dubbed "firing the Italian torpedo"  This torpedo may well sink a jurisdiction agreement, as the crude confrontation with increased delay and expense for the other party makes it not only unlikely for him to recommence proceedings in the agreed court after jurisdiction has been settled, but can even deter him from litigating altogether at the sight of the location of the court first seised : 577 In conclusion, not only may the party defending the choice-of-court agreement experience substantive disadvantages in the other Member State, as the court situated there might declare the agreement invalid, the party may also be exposed to procedural disadvantages, caused by judicial system which is not chosen : 573  This in turn can make the jurisdiction agreement ineffective altogether, going against the principle of party autonomy  Taking a formalistic and literal approach, the Court states that "the difficulties of the kind (   ) stemming from delaying tactics by parties (   ) are not such as to call in question the interpretation of the Brussels Convention, as deduced from its wordings and purpose",: §53  pointing out that the Regulation "is necessarily based on the trust which Contracting States accord to each other's legal systems and judicidial institutions" : §72

Effect on the Brussels Regulation
In the Recast of the Brussels I Regulation, the Commission addressed the problems created by the Gasser judgment  Dealing with the problematic tactical litigation spawning from the Gasser judgment, the Recast Regulation now contains a reversal of the priority rule, by giving the court chosen by the parties in the jurisdiction agreement precedence over all other courts, regardless of when proceedings were initiated  From a prima facie point of view, this certainly seems to deal the Gasser problem effectively, as a tactical race to the court is now without effect  However, some have raised the question to whether or not this will simply encourage the use of 'sham jurisdictional agreements', and if this indisputable preference for allegedly-chosen courts could not just lead to “improved” or “reverse” torpedo claims 
Passage 5:
Adams v  Burke
Adams v  Burke, 84 U S  (17 Wall ) 453 (1873), was a United States Supreme Court case in which the Court first elaborated on the exhaustion doctrine  According to that doctrine, a so-called authorized sale of a patented product (one made by the patentee or a person authorized by it to sell the product) liberates the product from the patent monopoly  The product becomes the complete property of the purchaser and "passes without the monopoly " The property owner is then free to use or dispose of it as it may choose, free of any control by the patentee  Adams is a widely cited, leading case  A substantially identical doctrine applies in copyright law and is known as the "first sale doctrine" 
As the Supreme Court recently explained, in Kirtsaeng v  John Wiley & Sons, Inc , 133 S  Ct  1351 (2013), the principle comes from early English common law of property, explained in Coke on Littleton early in the 17th century  Under the common law, if a man is possessed of a chattel (item of personal property) and he transfers his property in it to another, no restriction against the use or disposition of the chattel will be effective, for that would hinder trade and commerce – it would interfere with bargaining among men  If once a patented product was sold and allowed to enter the stream of commerce, if it could be subject to restrictions (perhaps secret) on its use or further disposition, businessmen would not be able to know whether transactions in the product were effective and business certainty would be greatly impaired 

Factual background
In 1863, U S  Patent No  38,713 issued to the inventors Merrill and Horner for a  coffin lid that permitted interested persons to view the name-plate and inscription of the decedent in the coffin, irrespective of whether the coffin cover is open or closed  In 1865 they assigned to Lockhart & Seelye of Cambridge  Massachusetts, the ownership of the patent in a circular area around Boston having a ten-mile radius  Adams, the plaintiff in this case, was the assignee of the patent in an area outside this circle which included the town of Natick, Massachusetts Burke, the defendant, was an undertaker doing business in Natick, Massachusetts, seventeen miles from Boston  Burke purchased some patented coffin lids from Lockhart & Seelye, who had manufactured them  Burke then took them to Natick (more than ten miles from Boston), and used them in his business  Adams then sued him 

Trial court opinion
The circuit court for the district of Massachusetts dismissed the case  It said:

When a patented product passes lawfully into the hands of a purchaser without condition or restriction, it is no longer within the monopoly or under the protection of the patent act, but outside of it     It is clear that by such a sale the purchaser acquires an absolute title to the manufactured product which is the subject of a patent, and may deal with It in the same manner as if dealing with any other kind of property  He may use it, repair it, Improve upon it, or sell it  Subsequent purchasers acquire the same rights as the seller had, and may do with the article, or its materials, whatever the first purchaser could have lawfully done if he had not parted with the title 

Supreme Court opinion
Adams appealed to the Supreme Court, which affirmed  The Court began by observing that this was a case of first impression in the Supreme Court although the governing principle had been involved in other patent cases  That principle was this:

[T]he sale by a person who has the full right to make, sell, and use       a machine carries with it the right to the use of that machine to the full extent to which it can be used in point of time         [I]n the essential nature of things, when the patentee, or the person having his rights, sells a machine or instrument whose sole value is in its use, he receives the consideration for its use and he parts with the right to restrict that use  The article, in the language of the Court, passes without the limit of the monopoly  [citation omitted] That is to say the patentee or his assignee having in the act of sale received all the royalty or consideration which he claims for the use of his invention in that particular machine or instrument, it is open to the use of the purchaser without further restriction on account of the monopoly of the patentees 

Accordingly, the Court ruled that "we hold that in the class of machines or implements we have described, when they are once lawfully made and sold, there is no restriction on their use to be implied for the benefit of the patentee or his assignees or licensees "Subsequent Supreme Court cases following the doctrine of the Adams case include:

Motion Picture Patents Co  v  Universal Film Mfg  Co , 243 U S  502 (1917) 
Straus v  Victor Talking Machine Co , 243 U S  490 (1917) 
Ethyl Gasoline Corp  v  United States, 309 U S  436 (1940) 
United States v  Univis Lens Co , 316 U S  241 (1942) 
Aro Mfg  Co  v  Convertible Top Replacement Co , 365 U  S  336 (1961) 
Quanta Computer, Inc  v  LG Electronics, Inc , 553 U S  617 (2008) But see:

United States v  General Electric Co , 272 U S  476 (1926) 
General Talking Pictures Corp  v  Western Electric Co , 304 U S  175 (1938) 
Passage 6:
Jones v  Cunningham
Jones v  Cunningham, 371 U S  236 (1963), was a Supreme Court case in which the court first ruled that state inmates had the right to file  a writ of habeas corpus challenging both the legality and the conditions of their imprisonment  Prior to this, starting with Pervear v  Massachusetts, 72 U S  475 (1866), the court had maintained a "hands off" policy regarding federal interference with state incarceration policies and practices, maintaining that the Bill of Rights did not apply to the states  Subsequently, in Cooper v  Pate (1964), an inmate successfully obtained standing to challenge the denial of his right to practice his religion through a habeas corpus writ 
Passage 7:
Cheff v  Mathes
Cheff v  Mathes, 199 A 2d 548 (Del  1964), was a case in which the Delaware Supreme Court first addressed the issue of director conflict of interest in a corporate change of control setting  This case is the predecessor to future seminal corporate law cases including: Unocal Corp  v  Mesa Petroleum Co , Revlon v  MacAndrews, and Paramount v  Time 

Facts
Holland Furnace Company manufactured home furnaces  The company's marketing strategy involved door-to-door sales, which employed a large workforce  This model, if not unique to Holland Furnace, was nevertheless unusual   From the standpoint of Arnold Maremont, a businessman who had been purchasing Holland Furnace stock, it was unprofitable  These practices also implicated Holland Furnace in charges of unfair trade practices   (An investigation of these practices by the Federal Trade Commission had already been pending for a year at the time of the events underlying the decision in Cheff )  Sales representatives for Holland would go door to door posing as official inspectors  Claiming to be employed by the homeowner's utility or by the local government, these salesmen would disassemble the furnace, refusing to reassemble it for lack of spare parts  Holland's core business lay in replacement boilers 
Cheff-Landwehr family group had effective control over the company, with 18 5% of Holland stock  Cheff, a family member, was Holland's Chief Executive Officer  From 1948-1956, Holland's sales declined by 25%  Management attributed the sharp drop to a boom in sales following World War II, which could not be sustained in later years  Maremont, an owner of an automotive parts manufacturing business, approached Cheff in 1957 to discuss the possibility of a merger between the two companies  Cheff was not interested in a business combination   Rebuffed, Maremont purchased 6% of Holland stock on the open market  Cheff ordered an investigation of Maremont, and learned that Maremont had engaged in corporate takeovers and liquidation of several companies  (At the resulting trial, Cheff would testify that Maremont was not well regarded among local area businessmen )  Cheff and Maremont met a second time, by which time Maremont owned 11% of Holland Stock  Maremont told Cheff that Holland's door-to-door sales tactic was obsolete and should be abandoned in favor of a wholesaler marketing strategy 
Upon learning of Maremont's plans, Cheffs and Holland's board of directors agreed that Maremont posed a threat to Holland's continued existence   Holland's board would claim that Maremont's threat caused many of Holland's employees to quit in anticipation of the threatened takeover  With the stated aim of eliminating Maremont's threat to Holland's existence, the Holland board of directors authorized the repurchase of Maremont's holdings of Holland stock at a price above the prevailing market stock price  Essentially, the board authorized the payment of greenmail to Maremont 

Business Judgment RuleThe Delaware Supreme Court first had to determine whether Holland's directors were protected from judicial scrutiny of their actions under the business judgment rule   While the business judgment rule typically protects corporate officers from judicial scrutiny of their actions, the rule could be limited if judges found a conflict of interest   In the case of Holland Furnace, the board's purchase of shares with corporate funds prevented a hostile takeover (which could have been in the best interest of the company) while also maintaining their control of the company  Thus, the court had to decide whether the Board was so conflicted that they should not be afforded Business Judgment Rule protection 

Threat to Corporate Policy"The question then presented is whether or not [the board] satisfied the burden of proof of showing reasonable grounds to believe a danger to corporate policy and effectiveness existed by the presence of the Maremont stock ownership  It is important to remember that the directors satisfy their burden by showing good faith and reasonable investigation; the directors will not be penalized for an honest mistake of judgment, if the judgment appeared reasonable at the time the decision was made "

Judgment
The court held that the directors were protected by the business judgment rule, because they held a good faith belief that Maremont posed a threat to Holland's continued existence  Testimony established the board's understanding of Maremont's reputation for acquiring businesses and liquidating them, and that Maremont's apparent intentions negatively affected Holland's work force 
Therefore, after Delaware's holding in this case, a director could rebut any inference of a conflict of interest, and remain protected by the business judgment rule, if they showed that they held a good faith belief that they were pursuing a "business purpose" that would benefit the corporation 

Aftermath
The court's findings mention - and minimize - the FTC investigation of Holland Furnace  The court, endorsing Holland's board, also notes that Holland's downward sales-trend reversed itself in 1957, the year that Maremont was bought out  What the court does not mention is that Holland's fortunes suffered another reversal - this one fatal  Holland's sales were in excess of $31 million in 1958, but dropped to $1 1 million by 1965  That year, Holland stock reached a high of $1 63 per share, compared to a closing price of $11–1/8 per share in October 1957  Holland Furnace, listed in editions of Moody's Industrial Manual for the years covering the events of this case, did not appear in 1966 
Holland Furnace faced charges of unfair trade practices that were known prior to the decision in Cheff v  Mathes  As a result of their investigations into the sales practices of Holland Furnace, the FTC issued a "cease and desist order" against the company, an order upheld by the United States Court of Appeals, Seventh Circuit  Ultimately, Holland Furnace and Mr  Cheff were held in contempt for violating the order by continuing to engage in unfair trade practices  Mr  Cheff went to jail for 6 months The unsavory character of Arnold Maremont is a key factor in the court's decision  During proceedings leading up to the court's decision in Cheff, Mr  Cheff testified as to Maremont's reputation, that: "Throughout the whole of the Kalamazoo-Battle Creek area, and Detroit too, where I spent considerable time, he is well known and not highly regarded by any stretch "
Arnold Maremont, who died in 1978, involved himself in pursuits other than business  According to his obituary in The New York Times, Maremont was both a patron of the arts and a visionary for social justice  A governing life member of the Art Institute of Chicago and a former trustee of the Lyric Opera and Ballet Theater, Maremont was the first Illinois industrialist to back a law ending employment discrimination against African Americans  As chairman of the Illinois Public Aid Commission in the early 1960s, he campaigned for publicly supported birth control for welfare families 

See also
Weinberger v  UOP, Inc  457 A 2d 701 (Del  1983)
Unocal v  Mesa
Passage 8:
Gates v  Collier
Gates v  Collier, 501 F 2d 1291 (5th Cir  1974), was a landmark decision of the Fifth Circuit Court of Appeals that brought an end to the trusty system as well as flagrant inmate abuse at Mississippi State Penitentiary, also known as Parchman Farm, in Sunflower County, Mississippi  It was the first case in a body of law developed in the Fifth Circuit Court of Appeals holding that a variety of forms of corporal punishment against prisoners constituted cruel and unusual punishment and a violation of Eighth Amendment rights  This case was also the first broad-scale intervention by a court in the supervision of prison practices In Gates v  Collier, the Court of Appeals found certain forms of corporal punishment violate the Eighth Amendment, including "handcuffing inmates to the fence and to cells for long periods of time,     and forcing inmates to stand, sit or lie on crates, stumps, or otherwise maintain awkward positions for prolonged periods "

Parchman Farm
The Mississippi State Penitentiary, commonly known as Parchman Farm, was founded in 1904 and consisted of 20,000 acres of delta  The prison was styled after plantations, emerging in the South during the Jim Crow era  It's estimated that throughout its history, about 90% of Parchman's prisoners were black men After the Civil War, Mississippi was still dependent upon black labor to sustain its farms and plantations  As a result, the state passed a series of laws that made vagrancy a crime; African Americans had to constantly carry papers around showing proof of employment, and if they were found without documentation they would be arrested  Pig laws also played a role in the convictions of many Parchman Farm inmates  Pig laws made any kind of minor larceny a serious crime, for stealing something like a soda would typically result in five years of jail  Convict leasing was another discriminatory system used in which African Americans would be leased to do work rather than sent to jail, essentially taking the place of slavery Parchman Farm had black camps that were overseen by a white sergeant  Below the white sergeant were black trusties, who had been convicted of murder and allowed to carry a gun  The state rationalized this system economically, for hiring inmates to carry out duties rather than civilian guards meant money was being saved "The Penitentiary Board at the time was composed of 5 individuals appointed by the Governor with consent of the Senate for 4-year terms, appointed the superintendent, who was vested with exclusive management and control of the prison system in all aspects, including the care and treatment of inmates and the hiring, control and discharge of 150 civilian employees" Oshinksy, the author of Worse than Slavery, once stated in an interview with The Washington Post that "Parchman Farm was basically the leading cash cow for the state of Mississippi " They were adding hundreds of thousands of dollars and then millions of dollars to the state treasury, and thus were a huge economic asset" 

Roy Haber
In 1970, Roy Haber, a civil rights lawyer, was recruited along with other lawyers to "bring some law and order to the South" Haber first came to Parchman in 1970 after quitting his New York City divorce practice to speak with Matthew Winter, a prisoner who had been convicted of murder  Haber's initial visit to Parchman was made in order to determine whether or not Winter had been adequately represented in court  After his first meeting with Haber, Winter was threatened and beaten by trusties Haber took statements from Parchman inmates about conditions at the prison, which was not easy at first; many prisoners were afraid of facing retribution from prison officials Some of his most "damning" evidence included a document that ran over fifty single-spaced pages with a list of murders, rapes, beatings, and tortures at Parchman between 1969 and 1971 

Racial discrimination and inmate abuse
At Parchman Farm, punishments up until the 1970s were representative of slavery  "The prisoners were housed in large barracks that were rundown and filthy, with 100–120 in one room"  Each camp had open ditches that held raw sewage and medical waste  When Judge Keady of the District Court Case visited Parchman on multiple occasions, he witnessed "filthy bathrooms, rotting mattresses, polluted water supplies, and kitchens overrun with insects, rodents, and the stench of decay " Parchman was known to be dangerous and deadly  Aside from its inhumane conditions, shootings and beatings were carried out regularly, murders failed to be documented and the maximum-security unit was a torture chamber Allegations of abuse between 1969 and 1971 include:

Bogard, William: compelled to stand in the daytime and sit at night for three entire days without interruption on a coke crate 
Collins, Matthew: murdered by trusty J C  Dunnican on order of Ollis Hitt 
Goodwin, Frank: "jumped on" and had an ear ripped off by inmate Danny Williamson 
Hayes, Jessie: shot by trusty John Horn for refusal to engage in homosexual acts 
Humes, George: handcuffed to bars, on tiptoes for two days without food, water, or bathroom facilities 
Marino, Hilliard: hair cut and pulled out while forced to kneel on the concrete floor, assaulted with others in MSU with brass knuckles, causing blindness and constant pain 
Nathan, Walter: handcuffed and hung from tree 
Tackett, Bob: another inmate named Cantrell kicked out one of his eyes which was lost; that he was beaten by a trusty 
Waldie, Donald: Required to maintain a mid-suspended position which one assumes during course of doing push-ups, and at that time was guarded by J D  Gilmer, who shot above or below him if he moved 
Wells, William: fatally shot by Sgt  West 
Williams, Jessie: fatally shot by Walter Griffin, a trusty, on orders of Obar, the driver of the vehicle 

District court case
On February 8, 1971, Nazareth Gates, Willie Holmes, Matthew Winter, and Hal Zachary filed a class action against the Superintendent of the Penitentiary, the members of the Mississippi Penitentiary Board and the Governor of the State  "The plaintiffs charged that ‘deplorable conditions and practices’ at Parchman deprived them of rights guaranteed by the First, Eighth, Thirteenth, and Fourteenth amendments to the United States Constitution" Thomas D  Cook was the penitentiary superintendent accused of committing the actions, and was replaced in February 1972 by John Collier, who was substituted and appointed in his stead as a defendant 
"28 U S C  §§ 1331 and 1343, the plaintiffs allege that the defendants, by their methods of prison administration, have deprived the inmates of rights, privileges and immunities secured to them by the First, Eighth, Thirteenth and Fourteenth Amendments and by 42 U S C  §§ 1981, 1983, 1985 and 1994  The complaint stated that African American inmates had been segregated and discriminated against based on their race, which is a violation of the Equal Protection Clause of the Fourteenth Amendment  The complaint aimed for injunctive relief to remedy the alleged misconduct of the defendants and a declaratory judgment that the continuation of certain practices and conditions at the penitentiary is unconstitutional" According to a section of the Preliminary Statement, "On August 23, 1971, the United States was allowed to intervene as plaintiff pursuant to 42 U S C  § 2000h-2 [2] The complaint in intervention alleges that the defendants have, contrary to the Fourteenth Amendment, maintained a system of prison facilities segregated by race; and, additionally, the defendants have failed to provide the inmates with adequate housing, medical care, and protection from assault from other prisoners; that the conditions of the sewerage disposal and water systems create an immediate health hazard, and that prison officials have permitted the custodial staff, including inadequately trained armed trusties, to inflict cruel and unusual punishment upon inmates in violation of the Eighth Amendment  The United States seeks injunctive relief to remedy the alleged misconduct of defendants" In October 1972, Judge William Keady found for the plaintiffs, calling Parchman Farm an "affront to modern standards of decency" and its living quarters "unfit for human habitation " He ordered an end to all unconstitutional conditions and practices 

Fifth Circuit decision
The state of Mississippi appealed this decision to the Fifth Circuit Court of Appeals, though the Fifth Circuit ended up agreeing with the lower court's earlier decision  Racial segregation of inmates was abolished as well as the trusty system Subsequently, other states utilizing the trusty system, such as Arkansas, Alabama, Louisiana and Texas were also forced to abolish it under the Gates v  Collier rulings 

See also
Louisiana State Penitentiary
Cummins Unit - Arkansas and Texas
Pervear v  Massachusetts
Holt v  Sarver
Ruiz v  Estelle - Texas
Hope v  Pelzer
Passage 9:
WN Hillas &amp; Co Ltd v Arcos Ltd
WN Hillas & Co Ltd v Arcos Ltd [1932] UKHL 2 is a landmark House of Lords case on English contract law where the court first began to move away from a strict, literal interpretation of the terms of a contract, and instead interpreted it with a view to preserve the bargain  The Court ruled that judges may imply terms into a contract based on the past dealings of the parties rather than void the agreement 
Lord Wright stated in this case that people who give good consideration can bind themselves to a duty to negotiate in good faith, but this view was controversially rejected in a later House of Lords case, Walford v Miles (1992) Hillas & Company were merchants purchasing timber from Arcos  Hillas and Arcos reached an agreement to purchase 22,000 standards of timber, under the specific condition that they should also have the option of entering into a contract with Arcos to purchase 100,000 standards the following year with a 5% reduction on price  Arcos refused to sell them the 100,000 standards the following year  Hillas was successful at trial, which Arcos appealed successfully to the Court of Appeal 

See also
G Scammell & Nephew Ltd v Ouston [1941] 1 AC 251
Smith v Hughes (1871) LR 6 QB 597
Hartog v Colin & Shields [1939] 3 All ER 566
Frederick E Rose (London) Ltd v William H Pim Junior & Co Ltd [1953] 2 QB 450

Notes
External links
Full text of decision from Bailii org
Passage 10:
Fletcher v  Peck
Fletcher v  Peck, 10 U S  (6 Cranch) 87 (1810), was a landmark United States Supreme Court decision in which the Supreme Court first ruled a state law unconstitutional  The decision created a growing precedent for the sanctity of legal contracts and hinted that Native Americans did not hold complete title to their own lands (an idea fully realized in Johnson v  McIntosh) 

Yazoo lands sales
Following the Treaty of Paris ending the American Revolution, Georgia claimed possession of the Yazoo lands, a 54,000 sq mi (140,000 km2) region of the Indian Reserve, west of its own territory  The land later became the northern part of the states of Alabama and Mississippi 
In 1795, the Georgia legislature divided the area into four tracts  The state then sold the tracts to four separate land development companies for $500,000, about $0 014 per acre, a bargain even at 1790 prices  The Georgia legislature overwhelmingly approved this land grant, known as the Yazoo Land Act of 1795  However, it was later revealed that the Yazoo Land Act had been approved in return for bribes in a scandal known as the Yazoo Land Scandal  The voters rejected most of the incumbents in the next election; the new legislature, reacting to the public outcry, repealed the law and voided the transactions made under it 
Robert Fletcher and especially John Peck were speculators in the Yazoo lands  Fletcher bought a tract of land from Peck after the 1795 act was repealed  Fletcher, in 1803, brought a suit against Peck, claiming that Peck had not had clear title to the land when he sold it 
There was collusion between the two  Both would have their land secured if the Supreme Court decided that Native Americans did not hold original title  Fletcher set out to win the case 

Court ruling
The Supreme Court unanimously (with a separate concurring opinion written by William Johnson) ruled that the legislature's repeal of the law was unconstitutional  John Marshall wrote that the sale was a binding contract, which under Article I, Section 10, Clause I (the Contract Clause) of the Constitution, cannot be invalidated even if it is illegally secured 
The ruling lent further protection to property rights against popular pressure and is the earliest case of the Court asserting its right to invalidate state laws which are in conflict with or are otherwise contrary to the Constitution  A later Chief Justice, William H  Rehnquist, wrote that Fletcher v  Peck "represented an attempt by Chief Justice Marshall to extend the protection of the contract clause to infant business" 

See also
List of United States Supreme Court cases, volume 10
Yazoo land scandal
Context 3: Passage 1:
2016 Honda Indy Grand Prix of Alabama
The 2016 Honda Indy Grand Prix of Alabama was the 4th round of the 2016 IndyCar Series  The race was contested over 90 laps at Barber Motorsports Park in Birmingham, Alabama  It was the 7th time that the IndyCar Series had raced on the circuit  In qualifying, Simon Pagenaud took pole position with a time of 1:06 7762, beating out his teammate Will Power  Sébastien Bourdais set a new track record during the second round of qualifications with a time of 1:06 6001, but was unable to match that pace in the third round of qualifying, relegating him to a fifth place start  Championship contender Juan Pablo Montoya struggled heavily in qualifying, placing 21st and last The race opened with an incident before it even started  As the field came off the final turn to prepare to take the green flag, Carlos Muñoz tipped Mikhail Aleshin into a spin, sending Aleshin and Jack Hawksworth off into the outside grass  All involved escaped major damage, while the rest of the field ran an extra lap under yellow before the start  It would be the only caution flag of the day  Simon Pagenaud held the lead when the race started, with Power slotting in behind him  Further back in the field, Sébastien Bourdais and Scott Dixon made contact in turn five, sending Dixon into a spin and causing front wing damage to Bourdais' car  Both would continue, but their races were both greatly hampered due to the incident Pagenaud dominated the majority of the race  However, in the closing laps, Pagenaud was held up in lap traffic, allowing Graham Rahal to catch up and set a thrilling duel for the lead  On lap 82, Rahal and Pagenaud made contact entering turn seven, sending Pagenaud off course and handing Rahal the lead  The lead would be short lived, as four laps later, Pagenaud caught back up and attempted to make a pass at the exit of turn six  In the middle of the move, Rahal made contact with back-marker Jack Hawksworth, damaging Rahal's front wing and ending any chance of holding off Pagenaud  Pagenaud would extend his lead and take victory by 13 7 seconds  It was Pagenaud second consecutive victory of the season  Despite his damaged wing, Rahal managed to hang on and finish second  Josef Newgarden finished third  Despite his terrible starting position, Juan Pablo Montoya was able to charge through the field and finish in a respectable fifth place  The highest finishing rookie was Alexander Rossi, who came across the line in 15th, the last car on the lead lap 
For the second year in a row, there were no DNFs 

Report
Qualifying
Source for individual rounds:

Race Results
Notes
1 Points include 1 point for leading at least 1 lap during a race, an additional 2 points for leading the most race laps, and 1 point for Pole Position 
Source for time gaps:

Championship standings after the race
Note: Only the top five positions are included 
Passage 2:
2016 IndyCar Series
The 2016 Verizon IndyCar Series was the 21st season of the IndyCar Series and the 105th season of American open wheel racing  It included the 100th running of the Indianapolis 500  Scott Dixon entered as the reigning Drivers' Champion, while Chevrolet entered the season as the reigning Manufacturer's Champion   Upon season's end, Simon Pagenaud was crowned Drivers' Champion, while Chevrolet retained the Manufacturer's Championship  
Pagenaud was the first European driver to win IndyCar Series driver's title since British driver Dario Franchitti in 2011 season 

Entries
Notes
Bryan Clauson ran the Indianapolis 500 for the 3rd and final time for Jonathan Byrd's Racing  Clauson would attempt to race in more than 200 races in 2016 among IndyCar, sprint cars and midgets but would tragically fall short of that because on August 6, 2016, Clauson was involved in a midget car crash at Belleville High Banks Speedway in Belleville, Kansas, and died the following night 
Ryan Hunter-Reay, Carlos Muñoz and Marco Andretti signed with Andretti Autosport for the 2016 and 2017 seasons  The team confirmed Townsend Bell for the Indianapolis 500 
Carpenter Fisher Hartman Racing became Ed Carpenter Racing for the 2016 season  Both Josef Newgarden and Ed Carpenter remained with the team, with only Newgarden running the full schedule  The team confirmed J  R  Hildebrand for the GP of Indy and the Indianapolis 500  ECR would add Indy Lights champion Spencer Pigot to drive the No  20 for the road/street courses beginning at Detroit 
Rahal Letterman Lanigan Racing ran only one car full-time in 2016 with Graham Rahal, but ran Indy Lights champion Spencer Pigot in three races (St  Petersburg, GP of Indy, and Indianapolis 500) 
Team Penske returned with the same four drivers as the 2015 season 
Chip Ganassi Racing retained Scott Dixon, Tony Kanaan and Charlie Kimball, but neither Sage Karam nor Sebastián Saavedra returned to the team  The team later confirmed former Manor Marussia driver Max Chilton, who drove a partial Indy Lights schedule in 2015, as their fourth driver 
Schmidt Peterson Motorsports confirmed the return of James Hinchcliffe to the team  Mikhail Aleshin returned to the team for the full season, replacing James Jakes  Oriol Servià drove the team's third entry in the Indianapolis 500 with support from Marotti Racing 
PIRTEK Team Murray confirmed that the team would race the Grand Prix of Indianapolis and Indianapolis 500 with driver Matthew Brabham  The team had support from KVSH Racing 
KVSH Racing confirmed the return of Sébastien Bourdais with the team  Stefano Coletti did not return for the team  Stefan Wilson drove the No  25 for the Indianapolis 500 
Dale Coyne Racing confirmed that Conor Daly and Luca Filippi would run the full season  Pippa Mann returned to the team for the Indianapolis 500  The team confirmed Gabby Chaves for the Grand Prix of Indianapolis and Indianapolis 500 
A  J  Foyt Enterprises confirmed the return of Takuma Sato and Jack Hawksworth to the team  The team confirmed Alex Tagliani for the Grand Prix of Indy and the Indianapolis 500 
Dreyer & Reinbold Racing reunited with Sage Karam for the Indianapolis 500 
Lazier Partners Racing confirmed the return of Buddy Lazier to the Indianapolis 500 
On February 18, Bryan Herta Autosport confirmed their alliance with fellow Honda team Andretti Autosport  The team was run out of Andretti's shop in Indianapolis  Separately, due to a sponsor default, the team was unable to retain 2014 Indy Lights Champion Gabby Chaves  The team would confirm former Caterham and Manor Racing driver Alexander Rossi to drive the No  98 for the season 
IndyCar announced on February 24, 2016, the hiring of three race stewards; former drivers Arie Luyendyk and Max Papis and longtime motorsports executive Dan Davis 
On May 15, 2016, information was revealed that Charlie Kimball would be using car number 42 instead of his usual 83 for the Indianapolis 500  This came as a promotion by Novo Nordisk and Chip Ganassi Racing that also involved Kyle Larson and Ganassi's NASCAR team  The official announcement came May 16, 2016
On June 12, 2016, Josef Newgarden suffered a fractured clavicle and wrist in an accident during the Firestone 600  Ed Carpenter Racing announced the following day that J  R  Hildebrand would fill in for Newgarden until he recovered from his injuries  However, Newgarden recovered enough from his injuries that he was able to compete in the following race at Road America 
On July 21, 2016, Dale Coyne Racing announced that R  C  Enerson would make his IndyCar debut driving for the team at Mid-Ohio  The team later signed Enerson to drive the final two races of the season 

Schedule
The 2016 Verizon IndyCar Series schedule was announced on October 27, 2015  All rounds were held in the United States, except the Toronto round 

 O  Oval/Speedway
 R  Road course/Street circuit

Schedule changes and notes
The Grand Prix of Boston was announced in late May 2015  The race was scheduled to be run on Labor Day Weekend on September 4, 2016  The proposed street circuit was based in the Boston Seaport District  On April 29, 2016, Boston newspapers reported that the race had been canceled 
Grand Prix of St  Petersburg was run on March 11–13 
Autódromo Hermanos Rodríguez was also rumored to start the 2016 season with a race in February, but did not materialize 
IndyCar did not return to NOLA Motorsports Park, Auto Club Speedway, and the Milwaukee Mile in 2016 following financial difficulties exposed shortly after the 2015 running of the former event 
Toronto returned to its original July date as a single race weekend 
Road America's return to an open-wheel calendar was announced on August 8, 2015  The race was run on June 26, 2016 
IndyCar returned to Phoenix International Raceway for the first time since 2005 
IndyCar officials explored the possibility of returning to Gateway Motorsports Park; a deal was eventually reached for the track to return for the 2017 season 
Texas Motor Speedway confirmed that the Verizon IndyCar Series would run on June 11, 2016  However, the race was postponed to the following afternoon due to persistent rain  It was further halted after 71 laps due to more rain and the rest of the race was postponed until August 27  The 248 lap race resumed starting at lap 72  This would lead to updates for the track regarding drainage and repaving in time for 2017's events 
IndyCar returned to Pocono Raceway on August 21 
In an interview with Mark Miles, Iowa Speedway was said to be set for July 10 
In a November 2 press release, IndyCar announced a two-day promoter test at Phoenix International Raceway, scheduled for February 26–27, in preparation for the series’ return to the 1-mile oval  The Phoenix promoter test in February was the only one not in conjunction with a typical race weekend schedule  The other promoter test days were: March 11 at St  Petersburg, April 22 at Barber Motorsports Park, May 12 at the Indianapolis Motor Speedway road course, June 24 at Road America, July 29 at Mid-Ohio Sports Car Course, and September 16 at Sonoma Raceway 
IndyCar CEO Mark Miles said in an interview that IndyCar was working on replacing the Boston race on Labor Day and specifically stated that Gateway Motorsports Park and Watkins Glen International were being considered as replacement venues  On May 13, 2016, IndyCar announced that Watkins Glen would replace Boston 

Results
Points standings
Ties are broken by number of wins, followed by number of 2nds, 3rds, etc , then by number of pole positions, followed by number of times qualified 2nd, etc 

Driver standings
One championship point is awarded to each driver who leads at least one race lap  Two additional championship points are awarded to the driver who leads most laps during a race 
At all races except the Indy 500, the number 1 qualifier earns one point 
Entrant-initiated engine change-outs before the engines reach their required distance run will result in the loss of ten points 

Entrant standings
Based on the entrant, used for oval qualifications order, and starting grids when qualifying is cancelled 
Only full-time entrants, and at-large part-time entrants shown 
Passage 3:
Simon Pagenaud
Simon Pierre Michel Pagenaud (born 18 May 1984) is a French professional racing driver  He is contracted to drive the No  60 Honda for Meyer Shank Racing in the IndyCar Series  After a successful career in sports car racing that saw him taking the top class championship title in the 2010 American Le Mans Series, he moved to the Indycar Series where he became the 2016 IndyCar champion and the 2019 Indianapolis 500 winner, becoming the first French driver to win the Indianapolis 500 since Gaston Chevrolet in 1920 and the first polesitter to have won the race since Helio Castroneves in 2009 Simon Pagenaud won both the 2022 24 Hours of Daytona and 2023 24 Hours of Daytona with Meyer Shank Racing 

Early years
Born in Montmorillon, Pagenaud first worked at age 14 in the family's supermarket, eventually managing the video game department  After he attended business school, he returned to the supermarket  His family established a driving school that provided the funds for Pagenaud to begin his racing career 

Career
Pagenaud competed in 2002 and 2003 in French Formula Renault and in 2002 and 2004 competed in Formula Renault Eurocup  He then moved up to the Formula Renault 3 5 Series in 2005 where he finished 16th  In 2006 he went to the United States and won the Champ Car Atlantic with Team Australia in his rookie season by just a few points over Graham Rahal 
With his Atlantic championship, Pagenaud won US$2 million to apply towards a ride in Champ Car in 2007  On 13 February 2007 Pagenaud and Team Australia confirmed that he would be staying with the team, moving up to the Champ Car program  Pagenaud finished 8th in the points standings in what was a very consistent debut season, with three consecutive 4th-place finishes in the Canadian rounds of the championship 
After the demise of the Champ Car World Series, Pagenaud in 2008 moved to the American Le Mans Series co-driving the De Ferran Motorsports Acura ARX-01b LMP2 with former CART champion Gil de Ferran  He finished 14th in the driver's standings 

2009
In 2009, Pagenaud and de Ferran Motorsports took huge steps forward, with the duo taking second place overall in the American Le Mans Series LMP1 class, only 17 points behind drivers David Brabham and Scott Sharp of champions Highcroft Racing  The duo of Pagenaud and de Ferran drove the ARX-01 to three wins over a total of ten races and three pole positions, turning the fastest lap of the ALMS weekend 6 times 
Also during 2009, Pagenaud drove in the prestigious 24 Hours of Le Mans in LMP1 for the privateer Pescarolo Sport team in the Peugeot FAP 908  The team did not finish the race, completing 210 laps  The race was won by David Brabham, driving in the factory Peugeot Sport Total No  9 FAP 908 along with former Formula One drivers Alexander Wurz and Marc Gené 

2010
For the 2010 ALMS season, Pagenaud moved over to the Patrón Highcroft racing team, replacing Scott Sharp to co-drive with Brabham in the ARX-01c in LMP1 after Sharp vacated the seat to jump to the ALMS GT2 class with his own Ferrari team  Through four rounds in the 2010 ALMS series, the team of Pagenaud and Brabham lead the LMP1 class with three wins and 91 points 
Pagenaud also earned a seat driving for the Peugeot factory team in 2010 in the prestigious 24 Hours of Le Mans on the renown Circuit de la Sarthe in the Peugeot FAP 908 No  3 with Pedro Lamy and Sébastien Bourdais 
While the No  3 Peugeot started from pole, it retired early before nightfall after a mere 38 laps when a suspension mount sheared from the car's tub  The same fate eventually befell the no 1 Peugeot car of Anthony Davidson/Gene/Wurz while in second place with mere hours left to go in the race, as Audi reclaimed the 24 Hours of Le Mans title it had retained for five years before Peugeot's 2009 win 
During the race, Pagenaud found himself competing against his Highcroft Racing team which traveled to Le Mans for the first time in its history  With Brabham driving the Acura in LMP2 alongside Marino Franchitti and Marco Werner, Highcroft maintained second through most of the race until a cooling issue sidelined the car for much of the race's final four hours 

2014
He won the inaugural Grand Prix of Indianapolis on 10 May  This was the first time his father watched him race at the venue 

2015
Pagenaud moved from Schmidt Peterson Motorsports to Team Penske in 2015  Pagenaud nearly won the 2015 Indianapolis 500, leading with less than 30 laps to go and engaging most of the race in a 3-way battle between Scott Dixon and Tony Kanaan  Pagenaud ended up being overtaken by the field and went on to finish 10th, while teammate Juan Pablo Montoya won the race  Pagenaud didn't win a race in 2015 but renewed his deal with TEAM Penske in 2016 

2016
Pagenaud got off to the best start of his IndyCar career with five consecutive podiums, including three wins in a row  As the season progressed, Pagenaud and his teammate Will Power became the primary contenders for the championship  With a strong run at the end of the season, Pagenaud took his first IndyCar Series championship victory, giving Team Penske another championship victory in its 50th year of racing  He finished the season with five race victories and a total of eight podiums 

2017–2019
Pagenaud would go winless throughout 2018 
Pagenaud won the Grand Prix of Indianapolis and he would also win the 2019 Indianapolis 500 from pole position  Pagenaud took the championship lead from Team Penske teammate Josef Newgarden, however Newgarden would retake the championship lead one race later in Detroit  Pagenaud would take pole and the win at the 2019 Honda Indy Toronto and took pole at the 2019 Iowa 300, though the win would go to Newgarden  
Pagenaud is currently 3rd in the points standings, one point behind Andretti Autosport driver, Alexander Rossi and 34 points behind points leader Newgarden 

2020
During the 2020 iRacing virtual Indy 500 event, Pagenaud was accused of deliberately crashing into leading driver Lando Norris, which led to his being accused of bad sportsmanship Pagenaud finished 2nd in the first race of the 2020 season at Texas Motor Speedway  Pagenaud finished 3rd at the IndyGP after starting in 20th 
Due to a fuel pump issue, Pagenaud's Iowa IndyCar 250 at Iowa Speedway race 1 entry failed to make qualifying and started the race at the back of the grid in 23rd  By lap 178, Pagenaud took the lead and held on to win the 250 lap race 

2021
Pagenaud would enter 2021 as a contract year  2021 was a difficult year for Pagenaud and Team Penske in general, as the team only recorded three wins of the season with Pagenaud scoring none of them  Pagenaud's best results of the season were two third-place finishes, one at St  Petersburg and the other at the 2021 Indianapolis 500  Outside of those finishes, he would frequently be beset by poor luck and on-track confrontations with his teammates  By the end of the season the racing press reported Pagenaud did not intend to re-sign with Team Penske 

2022
After a difficult 2021 campaign, Pagenaud left the Penske team & joined Meyer Shank Racing alongside former Penske teammate, Helio Castroneves 

2023
In 2023, Pagenaud returned to the 24 Hours of Le Mans, taking part in the LMP2 class for Cool Racing  It would be the first time Pagenaud competed in the race since 2011, where he finished second overall driving for the Peugeot Sport factory team 

Motorsports career results
Career summary
* Season still in progress 

Formula Renault 3 5 Series results
(key)

American open-wheel racing results
(key) (Races in bold indicate pole position, races in italics indicate fastest race lap)

Champ Car Atlantic
Champ Car
IndyCar Series
1 The Las Vegas Indy 300 was abandoned after Dan Wheldon died from injuries sustained in a 15-car crash on lap 11 

Indianapolis 500
Sports car racing
Le Mans 24 Hours results
American Le Mans Series results
1 Driver competed for the Intercontinental Le Mans Cup, no points awarded for the American Le Mans Series 

IMSA SportsCar Championship results
(key) (Races in bold indicate pole position)

* Season still in progress 

Le Mans Series results
1 Driver competed for the Intercontinental Le Mans Cup, no points awarded for the Le Mans Series 

Intercontinental Le Mans Cup results
1 Driver did not run for the Intercontinental Le Mans Cup 

Touring car racing
Complete V8 Supercar results
+ Not Eligible for points
Passage 4:
2017 Honda Indy Toronto
The 2017 Honda Indy Toronto was an IndyCar Series event held on July 16, 2017 in Toronto, Ontario, Canada  The race served as the 12th round of the 2017 IndyCar Series season  Frenchman Simon Pagenaud qualified on pole position, while American Josef Newgarden took victory in the race 

Pre-Race
Prior to the race, Schmidt Peterson Motorsports elected to replace Mikhail Aleshin in the No  7 car, instead opting for veteran driver Sebastián Saavedra  The reasons for the change were undisclosed by the team 

Qualifying
Qualifying was held on Saturday, July 15  Simon Pagenaud secured pole position, setting a new track record time of 58 9124 at an average speed of 109 14 mph (175 64 km/h)  Alongside him on the front row was Graham Rahal  The remained of the top six was rounded out by Hélio Castroneves, Will Power, Scott Dixon, and James Hinchcliffe 
Qualifying saw two incidents during the course of its several sessions  During the second group of round 1 qualifying, Esteban Gutiérrez suffered a heavy crash in turn 11 that placed doubt on his participation in the race, both due to damage to the car and due to Gutiérrez displaying concussion-like symptoms  However, the car was repaired, and Guitérrez was cleared by IndyCar's doctors, allowing him to participate in the race  A second, more minor incident occurred in round 2 qualifying, when J  R  Hildebrand made contact with the wall in turn 8 

Race
The race was held on Sunday, July 16  At the start, Hélio Castroneves managed to pass both Simon Pagenaud and Graham Rahal going into turn 1, giving him the lead of the race  Behind them, Scott Dixon managed to get to the inside of Will Power to move to third  However, as cars approached turn 3, Dixon moved wide to avoid hitting the back of Rahal, in the process making contact with Power and forcing him into the outside wall  Power's car suffered terminal suspension damage, relegating him to a last place finish  Dixon limped around the track with a flat tire, which, after repairs, dropped him to the tail-end of the field  He would then be assessed a drive-through penalty for entering a closed pit-lane  The incident brought out the race's first caution period 
Racing resumed on lap 6, with Castroneves leading Pagenaud, Rahal, Josef Newgarden, and James Hinchcliffe  The top five remained unchanged until lap 20, when Spencer Pigot, who had charged through the field, managed to move around Hinchcliffe  Shortly thereafter, drivers began making their first pit stops, including Hinchcliffe, Alexander Rossi, and Josef Newgarden  Just as Newgarden entered the pits, Tony Kanaan nosed into the wall in turn 1, bringing out the race's second caution, forcing the leaders and anyone else who had not pitted to make their first stop under caution and secede track position  Newgarden proved the biggest beneficiary of the caution, moving into the lead once the leaders came into pit lane  Behind him were Ed Jones, who had not yet pitted, Charlie Kimball, Rossi, and Hinchcliffe 
Racing resumed on lap 27 with the top five remaining intact  Further back, Takuma Sato suffered front wing damage and a punctured tire, forcing him to pit again  On lap 29, Jones began to fall back in the field due to his worn tires, losing position first to Kimball, then to Rossi, Hinchcliffe, and Marco Andretti before finally coming in to pit on lap 33  Several drivers began to make their second pit stops shortly thereafter, including Carlos Muñoz, Scott Dixon, and second-place running Kimball  This promoted Rossi to second, but Newgarden continued to extend his lead 
The running order remained the same until the leaders made their pit-stops at lap 54, when Newgarden led the entire top five into the pits  Max Chilton briefly inherited the lead before handing the lead over to Pagenaud with his stop on lap later  Pagenaud led until lap 57 when he pitted, allowing Newgarden to return to the lead of the race  The order now ran Newgarden, Rossi, Hinchcliffe, Dixon, Andretti, though Dixon would pit for the final time on lap 61, promoting Ryan Hunter-Reay into the top 5, though with heavy pressure from Pagenaud behind  The top five remained the same until lap 81, when Hunter-Reay ran wide at turn 7, allowing Pagenaud to move ahead for position  Up front, despite dealing with traffic from a dueling Takuma Sato and Conor Daly, Josef Newgarden held on to take his second victory of the 2017 season by a comfortable margin of 1 87 seconds over Alexander Rossi, while James Hinchcliffe came across the line third  Marco Andretti secured his first top 5 finish in IndyCar since the 2015 MAVTV 500 with his fourth-place finish 
In the point standings, Scott Dixon remained in the lead of the championship, but his lead dropped to only three points over Hélio Castroneves  Simon Pagenaud remained in third place, while Newgarden moved past his teammate Will Power thanks to his victory 

Results
Qualifying
Source for individual rounds:

Race results
Notes
1 Points include 1 point for leading at least 1 lap during a race, an additional 2 points for leading the most race laps, and 1 point for Pole Position 
Source for time gaps:

Championship standings
Note: Only the top five positions are included 
Passage 5:
2011 Indy Grand Prix of Sonoma
The 2011 Indy Grand Prix of Sonoma was the seventh running of the Indy Grand Prix of Sonoma and the fourteenth round of the 2011 IndyCar Series season  It took place on Sunday, August 28, 2011  The race contested over 75 laps at the 2 303-mile (3 706 km) Infineon Raceway in Sonoma, California  Will Power led 71 of 75 laps, as Team Penske swept 1st–2nd–3rd on the podium  It was the first 1–2–3 finish in an Indycar race for Penske since Nazareth in 1994  Power closed to within 26 points of championship leader Dario Franchitti  Power also closed within 7 points of Franchitti for the Mario Andretti Road Course Trophy  Simon Pagenaud substituted for Simona de Silvestro after she had complications renewing her visa, and U S  Customs would not allow her into the country 

Classification
Race
1 Penalty for blocking, moved to end of lead lap

Championship standings after the race
Drivers' Championship standingsNote: Only the top five positions are included 
Passage 6:
2009 Monterey Sports Car Championships
The 2009 Monterey Sports Car Championships presented by Patrón was the tenth and final round of the 2009 American Le Mans Series season   It took place at Mazda Raceway Laguna Seca, Monterey, California on October 11, 2009   The race was won by the Acura of de Ferran Motorsports, driven by Simon Pagenaud and retiring driver Gil de Ferran, which wore a tribute livery based on Jim Hall's Chaparrals   Adrian Fernández and Luis Díaz won the LMP2 category in the Fernández Racing Acura while only six tenths of a second behind the overall winning de Ferran car   The GT2 class was won by the #45 Flying Lizard Motorsports Porsche after contact with the #3 Corvette Racing while approaching the finish line on the final lap   Guy Cosmo and John Baker of Orbit Racing won their first race in the ALMS Challenge category after the Velox Motorsport entry was disqualified 

Qualifying result
Pole position winners in each class are marked in bold 

Race result
Class winners are marked in bold  Cars failing to complete 70% of winner's distance are marked as Not classified (NC) 
Passage 7:
Simona de Silvestro
Simona de Silvestro (born 1 September 1988) is a Swiss-Italian racing driver, who is currently employed by Porsche as a factory driver  She has previously driven for Amlin Andretti in the 2015/16 season of the FIA Formula E Championship as well as several years competing in the IndyCar Series  Her nicknames are the "Iron Maiden" and "Swiss Miss" 

Racing career
Junior formulae
She raced for Newman Wachs Racing's Nuclear Clean Air Energy-Entergy team in the Atlantic Championship in 2008 and for Team Stargate Worlds in 2009   She won the Atlantic race at the 2008 Grand Prix of Long Beach, making her the second woman to win in that series – after Katherine Legge – and providing NWR with its first win  She won four times during the 2009 season and led in points for most of the season, but ultimately finished third in the standings after retiring on the first lap during the season finale at Mazda Raceway Laguna Seca 
De Silvestro participated in an IndyCar Series test over 8–9 December 2009 at Sebring International Raceway, a joint effort between HVM Racing and Team Stargate Worlds 

IndyCar
De Silvestro competed full-time in the IndyCar Series for HVM Racing for the 2010 season  On 22 May 2010, she qualified in the 22nd position for the 2010 Indianapolis 500  She finished the race in 14th position, and earned Indianapolis 500 Rookie of the Year honors  She suffered a burned right hand after a fiery crash at the Firestone 550 at Texas Motor Speedway on 5 June 2010  Her team strongly criticized IndyCar Series safety officials for their response to that accident  For the season, de Silvestro started 17 races, finished ten, and recorded two top-10 finishes, with a best finish of eighth at Mid-Ohio   She finished 19th overall in the series standings and was runner-up to Alex Lloyd for rookie of the year honors 
The 2011 season began with fourth- and ninth-place finishes at St  Petersburg and Barber; however the next race, at Long Beach, was not as successful: she started 18th and finished 20th  At the next race, the São Paulo Indy 300, an accident between her and Hélio Castroneves put her nine laps down, after the race was postponed to the next morning due to severe rain conditions  She started 13th and finished 20th, nine laps down, but recorded the fastest lap of the race 
She received second degree burns on her right hand and superficial burns on her left hand in a crash during practice for the 2011 Indianapolis 500 on 19 May  The crash, which sent her car sailing into the catch fence before flipping and landing on its left tires, was caused by a mechanical failure in the left rear of her No  78 Dallara-Honda  On 21 May, using her backup car, she qualified 24th for the race with a four-lap average of 224 392 mph 
After a crash at the Milwaukee Mile during qualifying, de Silvestro was cleared to drive in the race, but withdrew after experiencing dizziness and impaired vision  At the next race, in Iowa, she was not cleared to compete, due to continuing dizziness De Silvestro missed round 13 of the season at Sonoma, after being refused entry to the United States  De Silvestro said she did not know why she was turned away  She finished 20th overall in the 2011 series standings 
De Silvestro returned to HVM Racing for the 2012 IndyCar Series season, piloting the No  78 Nuclear Clean Air Energy sponsored Dallara-Lotus   The entry was one of five cars to start the season powered by the new Lotus engine   The Lotus proved to be significantly underpowered compared to the Chevrolet and Honda engines used by the rest of the field   By the end of May, all entrants other than de Silvestro's No  78 had abandoned the Lotus powerplant and switched to either Chevy or Honda   De Silvestro was saddled for the entire season with the inferior Lotus   The underpowered engine made it impossible for de Silvestro to be competitive, resulting in consistently poor qualifying and race results   On several occasions the car was black flagged for failing to maintain the minimum safe speed, including the 2012 Indianapolis 500   For the season, de Silvestro qualified for all 15 races on the schedule, started 14, and finished 6   Her best finish was 14th at Detroit and Iowa   She finished 24th overall in the series standings 
On 30 October 2012, de Silvestro signed on with KV Racing Technology for the 2013 IndyCar Series season, driving the No  78 Dallara-Chevrolet with sponsorship from Nuclear Clean Air Energy  De Silvestro joined veteran driver Tony Kanaan to make KV Racing Technology a two-car team for the 2013 season  On 5 October 2013 at the Grand Prix of Houston, de Silvestro finished second in the first race for her first podium finish, joining Danica Patrick and Sarah Fisher as the only women in IndyCar history to record a podium finish On 2 April 2015, de Silvestro announced she would drive the Andretti Autosport No  29 Honda in the 2015 IndyCar Series season in an attempt to make the Indianapolis 500   De Silvestro finished fourth in the second race of the season, the Indy Grand Prix of Louisiana 
On 19 January 2021, Paretta Autosport announced they would make their Indycar debut at the 2021 Indianapolis 500 with de Silvestro as the driver in the no  16 Rocket Pro Chevrolet 

Formula One
In February 2014, Formula One team Sauber announced that de Silvestro would join the team as an "affiliated driver" and would undergo a year-long training programme with the team, with the ultimate objective of racing in 2015  De Silvestro began testing with the team at the end of April 2014 at Fiorano Circuit  She had her first drive in the 2012 Sauber on 26 April, and completed 112 laps during the test  However, in October 2014, Sauber team principal Monisha Kaltenborn stated that the team had suspended de Silvestro's driving chances due to contractual troubles 

Formula E
On 15 June 2015, it was announced de Silvestro would drive for Andretti's Formula E team at the championship's double-header finale in London  She was confirmed with the team full-time for the 2015-16 season opposite Formula Renault 3 5 champion Robin Frijns 
In 2016, de Silvestro became the first female driver to score points in Formula E with a 9th place in the 2016 Long Beach ePrix  She finished the championship in 18th place with 4 points 

V8 Supercars
It was announced on 19 August 2015 that she would partner Renee Gracie at Prodrive Racing Australia in the Bathurst 1000 for V8 Supercars  Following an impact with the wall at Forrest's Elbow on lap 15 for Gracie, the car underwent extensive repairs before being sent back out to finish 21st and 40 laps down – one more lap lost and the car would not have been classified 
On 5 September 2016 it was announced that she had signed a three-year contract as a full-time driver for Nissan Motorsport in the Australian Supercars Championship, beginning from the 2017 Series  This followed another appearance at Bathurst alongside Gracie, this time with the Nissan squad, where the pair managed to stay out of trouble amid the chaotic final laps and finish in 14th place and two laps down 

GT3
In 2020, De Silvestro returned to Europe as a factory Porsche GT driver; contesting the 2020 ADAC GT Masters for Timo Bernhard's Team75 with Klaus Bachler  She finished 23rd in the championship with 41 points  The duo switched to Herberth Motorsport for the 2021 ADAC GT Masters 

Racing record
Career summary
† As de Silvestro was a guest driver, she was ineligible to score points 

American open-wheel racing results
(key) (Races in bold indicate pole position; races in italics indicate fastest lap)

Atlantic Championship/Champ Car Atlantic
* Podium (non-win) indicates second and third place finishes
** Top 10s (non-podium) indicates 4th through 10th place finishes

IndyCar Series
1 The Las Vegas Indy 300 was abandoned after Dan Wheldon died from injuries sustained in a 15-car crash on lap 11 

Indianapolis 500
Complete Formula E results
(key) (Races in bold indicate pole position; races in italics indicate fastest lap)

Complete Supercars Championship results
Complete Bathurst 1000 results
Complete WeatherTech SportsCar Championship results
(key) (Races in bold indicate pole position; races in italics indicate fastest lap)

Notes
Passage 8:
2003 Formula Renault 2000 Masters
The 2003 Formula Renault 2000 Masters season was the thirteenth Eurocup Formula Renault 2 0 season  The season began at Brno on 24 May and finished at the Donington Park on 26 October, after eight races  Cram Competition's Esteban Guerrieri who is also Argentine Formula Renault champion won three races on his way to the championship by a 36 point margin over Danish driver Robert Schlünssen, who won abandoned race at Assen  ASM's Simon Pagenaud was two points behind Schlünssen  Pagenaud also won second races on TT Circuit Assen  Other wins were scored by Paul Meijer, Ryan Sharp and Reinhard Kofler 

Driver Lineup
Calendar
Championship standings
Drivers
Points are awarded to the drivers as follows:

‡ Points were not awarded in the first race at Assen as race was abandoned after three laps due to massive crash 

Teams
Passage 9:
2006 Atlantic Championship
The 2006 Champ Car Atlantic season was the 33rd season of the Champ Car Atlantic Championship  It began April 9 at Long Beach and concluded September 24 at Road America  The Yokohama Presents the Champ Car Atlantic Championship Powered by Mazda Drivers' Champion was Simon Pagenaud driving for Team Australia 

Teams and drivers
Schedule
(O) Oval/Speedway

Season Summary
Race results
Final driver standings
See also
2006 Champ Car season
2006 Indianapolis 500
2006 IndyCar Series season
2006 Indy Pro Series season

External links
ChampCarStats com
Passage 10:
2014 Grand Prix of Houston
The 2014 Shell and Pennzoil Grand Prix of Houston was the second doubleheader of the 2014 season, hosting Rounds 9 and 10 of the 2014 IndyCar Series season  Carlos Huertas won Race 1, and Simon Pagenaud won the second race 

Classification



ground_truth: Miller v. California

prompt_front: Answer the question based on the given passages. Only give me the answer and do not output any other words.

Question: What championship did the person who substituted for Simon Pagenaud secure a contract to drive in 2017?

The following are given passages.
Context 4:  Out of the Unknown: Brisbane Bands 1976–1988  Brisbane: Time Off 
McFarlane, Ian (1999)  The Encyclopedia of Australian Rock and Pop  St  Leonards, NSW: Allen & Unwin  ISBN 1-86508-072-1 
McKinnon, Robert; Negric, Frank (1986)  "The Absolute Beginners Guide to Brisbane Bands" November 1986 pp  13-15 Semper Floreat  Brisbane: University of Queensland Union 
Savage, Jon (1991)  England's Dreaming: Anarchy, Sex Pistols, Punk Rock, and Beyond  New York: Faber and Faber 
Spencer, Chris; Nowara, Zbig; McHenry, Paul (2002) [1989]  Who's Who of Australian Rock (5th ed )  Noble Park, Vic: The Five Mile Press 
Walker, Clinton (1981)  Inner City Sound  NSW: Wild & Woolley  ISBN 9780909331481 
Walker, Clinton (1996)  Stranded: The Secret History of Australian Independent Music 1977-1991  NSW: Pan Macmillan 
Passage 5:
List of Circle Jerks band members
The Circle Jerks are an American punk rock band which consists of vocalist Keith Morris and guitarist Greg Hetson (both since 1979) alongside bassist Zander Schloss (since 1983), and drummer Joey Castillo (since 2019)  The band was formed in Southern California in 1979, and originally comprised Morris, Hetson, Roger Rogerson on bass and Lucky Lehrer on drums 
The first Circle Jerks lineup released three albums (including their 1980 debut Group Sex), before Rogerson and Lehrer were kicked out of the band in 1983 and replaced by Earl Liberty and Chuck Biscuits respectively  This lineup lasted only a year, and the Circle Jerks hired Zander Schloss and Keith Clark as Liberty and Biscuits' replacements  The new lineup, consisting of Morris, Hetson, Schloss and Clark, recorded two more albums before the Circle Jerks split up for the first time in 1990, when Hetson left to concentrate on Bad Religion, which he had joined a few years before 
A long period of inactivity ended in 1994, when the Circle Jerks, with the 1984-1990 lineup, reunited and signed a major label deal with Mercury Records, a move that had a few business complications: Hetson was still with Bad Religion, who had signed a long-term contract with Atlantic Records, while Schloss had been part of a band contracted to Interscope  After ironing out these difficulties, the band recorded Oddities, Abnormalities and Curiosities and released it in the summer of 1995, but broke up once again  Reasons for this breakup were essentially the same as they were in 1990 
A second Circle Jerks reunion occurred in 2001  Participating this time were Morris, Hetson, Schloss and Kevin Fitzgerald, who filled in on drums for Clark, who at that time had retired from the music business  Tensions among its members and failed attempts to record the follow-up to Oddities, Abnormalities and Curiosities resulted in the Circle Jerks breaking up yet again in 2011  The band announced in November 2019 that they would reunite in 2020 to celebrate the 40th anniversary of Group Sex with live shows 

Members
Current

Former

Touring

Timeline
Passage 6:
Yours Truly (Sublime with Rome album)
Yours Truly is the debut studio album by American rock group Sublime with Rome, released on July 12, 2011 by Fueled by Ramen  It is the first album since the original Sublime disbanded in 1996 following lead singer and guitarist Bradley Nowell's death  According to the liner notes, the album is dedicated to him  
In 2009, Sublime's surviving members, Eric Wilson and Bud Gaugh, reformed the band, with Rome Ramirez filling in for Nowell  However, the group were unable to use the name Sublime for legal reasons, resulting in the name change to Sublime with Rome  After embarking on their first US tour in 2010, Sublime with Rome signed with the record label Fueled by Ramen and began recording their first full-length album  Guitarist Paul Leary of Butthole Surfers, who co-produced Sublime's eponymous final album, produced it 
Yours Truly received mixed reviews  "Panic" was released as the album's first single and achieved success, reaching No  4 on Billboard's Alternative Songs and cracking the top 10 on the Rock Songs chart  "Lovers Rock" and "Take It or Leave It" were also released as singles 
Yours Truly is the only Sublime with Rome album recorded with co-founder Bud Gaugh, who left the group in December 2011 

Background and history
Sublime broke up immediately after Bradley Nowell died from a drug overdose in 1996  After the break up, Eric Wilson and Bud Gaugh resurfaced in the band Long Beach Dub Allstars, releasing two albums and then splitting up in 2002  After Long Beach Dub Allstars, Wilson went on to form Long Beach Shortbus, while Gaugh went on to form Eyes Adrift and Volcano (both of which featured Meat Puppets guitarist/vocalist Curt Kirkwood) 
In 2009, Gaugh and Wilson reunited for a show in Nevada and called themselves Sublime  They were joined by a new singer-guitarist whose identity was not announced; on March 1, 2009, Gaugh confirmed this was then-20-year-old Northern California native Rome Ramirez, who had previously collaborated with Wilson on RAWsession where he played Sublime songs such a "Saw Red" and "Boss DJ"  The trio played another show at Cypress Hill's Smokeout Festival on October 24, 2009 in San Bernardino, California  The festival also featured performances from Kottonmouth Kings, Slipknot, Deftones, Bad Brains and Pennywise  However, because the name Sublime had been trademarked by Bradley Nowell, the band decided to call themselves Sublime with Rome to curtail any legal difficulties Work on Yours Truly began as early as 2010 and Gaugh told Billboard com that Sublime with Rome would enter the studio in June for a week "and nail down some of the more worked-out songs, and possibly even finish one or two of them for a late summer radio release"  The band was expected to have the album out in 2011  On February 5, 2011, Sublime With Rome announced on their official website that they were planning to enter the studio in March to begin recording their debut album, with Butthole Surfers guitarist Paul Leary producing  On February 21, 2011 (Wilson's 41st birthday), the band posted a statement on their Facebook page saying that they had begun recording the album and would be posting "mad videos" to "let everyone know where to go for a behind the scenes look at the Sublime With Rome process " On April 14, 2011, Rome posted an update on Sublime With Rome's official website saying that the album was almost finished and expected for a summer release  During the summer 2010 tour, Sublime With Rome performed their first new song "Panic" on Jimmy Kimmel Live!  It was also announced that Sublime with Rome officially signed to record label Fueled By Ramen and would release their debut album Yours Truly on July 12, 2011 The band began streaming the album in its entirety via their official Facebook page on July 6, 2011 
Sublime with Rome was invited to promote Yours Truly by supporting 311 on their Universal Pulse tour, dubbed the 2011 Unity Tour  Special guests included DJ Soulman and DJ Trichrome 

Critical reception
Critical reception has been generally mixed, with the album receiving a 48 on Metacritic  The Allmusic review by Jason Lymangrover states: "Yours Truly doesn't quite match the caliber of the albums in the Sublime discography, but it's a fairly enjoyable spin-off just the same"  Ultimate-Guitar com praised Yours Truly as a "solid release with tracks appealing to original fans as well as those with Rome's flair of originality "

Commercial performance
The album debuted at No  9 on Billboard 200, and No  3 on Rock Albums, selling 35,000 copies in its first week  The album has sold 153,000 copies in the United States as of June 2015 

Charts
Track listing
Personnel
Rome Ramirez – vocals, guitar
Eric Wilson – bass
Bud Gaugh – drums, percussion
Todd Forman – Saxophone
DJ Rocky Rock – DJ /Turntables
Aimee Allen – Additional vocals ("Safe And Sound")
Maggie Walters – Additional vocals ("You Better Listen" and other tracks)
Passage 7:
Keith Morris
Keith Morris (born September 18, 1955) is an American singer and songwriter known for his role as frontman of the hardcore punk bands Black Flag, Circle Jerks, and Off!  Born and raised in Hermosa Beach, California, he formed Black Flag at the age of 21 with guitarist Greg Ginn and performed on the band's 1979 debut EP Nervous Breakdown  Shortly after leaving Black Flag in 1979, he formed the Circle Jerks with guitarist Greg Hetson; the band released seven albums between 1980 and 1995 and have broken up and reformed on numerous occasions  In 2009 Morris formed the supergroup Off! with guitarist Dimitri Coats, bassist Steven Shane McDonald, and drummer Mario Rubalcaba  Morris has also appeared as a guest vocalist on several albums by other artists 

Biography
Early life
Morris was born September 18, 1955 and grew up in Hermosa Beach, California  His father, Jerry, had been a budding jazz drummer in his youth and practiced with visiting jazz groups at the Lighthouse Café  Jerry later opened a bait shop in the 1970s and struck up a friendship with jazz record producer Ozzie Cadena (both men's sons, Keith and Dez, later became singers in Black Flag)  Keith attended Mira Costa High School, where brothers Greg and Raymond Ginn were also students, and graduated in 1973  He then studied fine art and painting at the Pasadena Arts Center while working at his father's bait shop  One of his co-workers at the shop was Bill Stevenson, a Mira Costa student eight years Morris' junior who would also go on to be a member of Black Flag Morris and his friends spent their spare time hanging out by the Strand under Hermosa Beach pier, where they took drugs: "I'd get off work, and we'd get up to trouble," he later recalled, "smoking angel dust, snorting elephant tranquilizers  Just real goofy, 'why-would-you-want-to-do-that?' kinda stuff, the kind of thing you get up to when you're young, and into experimenting  If it was a good experience, then cool; if not, well, then it was just a real hard lesson learned " His early musical tastes included various rock acts such as Bob Seger, Foreigner, Montrose, Styx, Deep Purple, Black Sabbath, Queen, Ten Years After, Status Quo, Uriah Heep, UFO, the Scorpions, Aerosmith, Ted Nugent, and the MC5, "any kind of fist-pumping, 'flick-your-bic' rock  I was into anything that was loud"  He became a freely opinionated and passionate fan of heavy rock and protopunk, and took a job working at local record store Rubicon Records 

Black Flag
In 1976, Morris co-founded Black Flag (then-known as Panic) along with guitarist Greg Ginn  Their work ethic proved too challenging for some early members; Ginn and  Morris had an especially hard time finding a reliable bass guitarist, and often rehearsed without a bassist, a factor that contributed to the development of Ginn's distinctive, often low-pitched guitar sound  The band went through three bass players before Chuck Dukowski joined and then Robo answered a Pennysaver ad and became their drummer After a number of line-up changes, Morris recorded vocals for the first Black Flag EP Nervous Breakdown  After two years in the band, Morris left the band citing, among other reasons, creative differences with Ginn, and his own "freaking out on cocaine and speed "

Circle Jerks
After leaving Black Flag in 1979, Morris founded the Circle Jerks, along with former Redd Kross guitarist Greg Hetson  Cited as one of the most important hardcore punk groups, the Circle Jerks were active until 1990, when Hetson left the band to continue playing guitar and release a number of albums with Bad Religion  The Circle Jerks reunited in 1994 and released their last studio album to date in 1995  The group performed on and off until 2011, when they went back on hiatus  In November 2019, plans were announced for a 2020 reunion tour in support of the 40th anniversary of their 1980 album, Group Sex, however the tour was postponed until September 2021 due to the COVID-19 pandemic  In April 2022, six of the dates on their 40th anniversary tour were postponed due to Morris testing positive for the COVID-19 virus 

Off!
As of 2010, Morris has been performing and touring with his latest project Off!, which he founded with Dimitri Coats from Burning Brides, Steven Shane McDonald from Redd Kross, and Mario Rubalcaba from Earthless/Rocket From The Crypt/Hot Snakes Morris stated in a March 2011 interview that Off! was asked to open future dates for the Red Hot Chili Peppers and they said they would even though it might anger some of their younger punk fans  Ultimately, Off! ended up not touring with Red Hot Chili Peppers  Morris has known the band for over 30 years and the Circle Jerks had performed shows with the Chili Peppers in the 80s  The Chili Peppers had also covered Black Flag and the Circle Jerks during their shows  Chili Peppers singer, Anthony Kiedis, wore an Off! hat at every show on the band's entire I'm with You World Tour including some of their music videos  Morris even filled in for Kiedis during one of the Chili Peppers' shows in 1984  When Kiedis, who was off scoring drugs, failed to show up for the performance, the band asked Morris to fill in on vocals  Morris, who didn't know any of the lyrics, yelled and made up lyrics to the band's songs to get through the performance  In the Chili Peppers' "An Oral/Visual History" book, bassist Flea said "We got an opening slot at the Olympic Auditorium  But Anthony in all his junkie splendor did not show up  Keith Morris from the Circle Jerks said 'I'll sing' and so we went out with him  We were just playing the songs and he would yell out stuff - whatever he could "As of 2014, the group has released three studio albums  In July 2021, Off! released their first new song in seven years, a cover of Metallica's “Holier than Thou ” The song is on The Metallica Blacklist covers album that was released on September 10, 2021  Off! also announced that they are working on a new album and a sci-fi feature film 

FLAG
In 2013, Keith Morris, Chuck Dukowski, Dez Cadena, Bill Stevenson and Descendents member Stephen Egerton, created FLAG as an offshoot of Black Flag  As of now, they are only touring  No plans for an album have been announced 

Other works
After the Circle Jerks' first break-up in 1990, Morris led the bands Bug Lamp and Midget Handjob  He also provided backing vocals on "Operation Rescue", from Bad Religion's album Against the Grain (1990) 
Morris also narrated Chris Fuller's 2007 Gotham Award-nominated independent film Loren Cass 
Morris appeared as the DJ for the West Coast Punk Rock station Channel X in the video game Grand Theft Auto V released on September 17, 2013
In 2016, Morris released an autobiography called My Damage: The Story of a Punk Rock Survivor 

Personal life
In 1999, Morris was diagnosed with adult onset diabetes  He has also been sober since the 1980s On April 13, 2022, it was revealed on the Circle Jerks' Facebook page that Morris had contracted and was recovering from COVID-19 

Discography
With Black Flag
Nervous Breakdown (1979)
Tracks 1-9 Everything Went Black (1982)

With Circle Jerks
Group Sex (1980)
Wild in the Streets (1982)
Golden Shower of Hits (1983)
Wonderful (1985)
VI (1987)
Gig (1992)
Oddities, Abnormalities and Curiosities (1995)

With Bug Lamp
"Howling at the Moon (Sha-La-La)" on Gabba Gabba Hey: A Tribute to the Ramones (1991)
"El Dorado" on Roadside Prophets soundtrack (1992)
"The Ballad of Dwight Fry" on Welcome to Our Nightmare: A Tribute to Alice Cooper (1993)

With Midget Handjob
Midnight Snack Break at the Poodle Factory (2000)

With Off!
1st EP (2010)
First Four EPs (2010)
"Compared to What" (2011)
Live at Generation Records (2011)
Sugar Daddy Live Split Series Vol  3 (split with the Taylor's) (2012)
Off! (2012)
The Music of Grand Theft Auto V ("What's Next) (2013)
Live at 9:30 Club (2013)
Wasted Years (2014)
"Learn to Obey" (2014)
Live From the BBC (2015)
The Metallica Blacklist  ("Holier than Thou") (2021)
Free LSD (2022)

Guest appearances
Passage 8:
Rome Ramirez
Roman René Ramírez (born June 11, 1988), better known as Rome Ramirez or simply Rome, is an American singer and guitarist best known for playing with Eric Wilson from Sublime in the band Sublime with Rome 

Early life
Ramirez was born and raised in Fremont, California  Both of his parents are of Mexican heritage, his mother being from Guadalajara and his father's parents from Tijuana, but his father relocated the family to Oakland  He first started playing guitar at age 11, and one of the first songs he learned was a Sublime song 
At 18, Ramirez headed to Los Angeles to focus full-time on music  There, he was introduced to one of his idols, Eric Wilson, bassist for Sublime  They became friends and started jamming together at Eric's infamous holiday parties in Long Beach  Within the year, the plan to bring back Sublime had been set into motion 

Sublime With Rome
In 2008, Rome collaborated with Eric Wilson on a RAWsession video (also at 17th Street Recording Studio) where he played Sublime songs such as "Saw Red" and "Boss DJ", and eventually began to play with the band's two surviving members, Eric and Bud Gaugh 
The trio then went on tour together playing covers of original Sublime material  Sublime with Rome made its debut in 2009 at Cypress Hill's Smoke Out Festival in San Bernardino, California  Ramirez was soon touring steadily with Sublime with Rome, and the trio released their debut album Yours Truly on July 12, 2011  Shortly after, Gaugh left the band and Josh Freese stepped in to play drums  In 2015, they released another album, Sirens  Freese left in 2017 to tour with Sting, and Carlos Verdugo of Tribal Seeds joined the band  They then released a new album in 2019 with producer Rob Cavallo 

Songwriting and Producing
Rome co-wrote the song "Lay Me Down" with The Dirty Heads and has collaborated with the band on several albums including Sounds of Change, Dirty Heads, Dessert EP and Swim Team 
Rome also worked extensively with Enrique Iglesias on his 10th studio album 
Rome has said in interviews that his influences are Sublime, Muse, Jimi Hendrix, Bad Brains, Nirvana, Led Zeppelin, Public Enemy, The Beastie Boys and Primus Rome's promotional solo single, "Dedication," was premiered on the Rolling Stone website May 30, 2012   "The song's about loving someone who is struggling with getting their life together and eventually having to move on," says Rome  "It's probably some of the most personal stuff I've put in a song   Sometimes all you need is the right people to pull the best out of you, and that's what I feel happened with the three of us  The right individuals, at the right place and time " His debut solo EP was released on June 12, 2012 In March 2015, Ramirez appeared on Blues Traveler's album Blow Up the Moon, co writing the song "Castaway" and "Vagabond Blues" with Dirty Heads 
Passage 9:
Circle Jerks
Circle Jerks (stylized as Ciʀcle JƎʀᴋs) are an American hardcore punk band, formed in 1979 in Los Angeles, California  The group was founded by former Black Flag vocalist Keith Morris and Redd Kross guitarist Greg Hetson  To date, Circle Jerks have released six studio albums, one compilation, a live album and a live DVD  Their debut album, Group Sex (1980), is considered a landmark of the hardcore genre 
The band has broken up and re-formed several times, sometimes with different bassists and/or drummers  They disbanded for the first time after the release of their fifth album VI (1987), allowing Hetson to focus on Bad Religion (which he joined in 1984 and stayed with until 2013) full-time  The Circle Jerks first reunited in 1994 and released their sixth and last studio album to date, Oddities, Abnormalities and Curiosities, the following year before separating for the second time  The band reunited for the second time in 2001 and spent the next ten years performing live periodically; this reunion released only one new song, "I'm Gonna Live", which was posted on their MySpace profile in 2007  Tensions among members and failed attempts to record the follow-up to Oddities, Abnormalities and Curiosities resulted in the Circle Jerks breaking up yet again in 2011  However, the band announced in November 2019 that they would reunite in 2020 to celebrate the 40th anniversary of Group Sex with live shows Many groups and artists have cited Circle Jerks as an influence, including Red Hot Chili Peppers, Pearl Jam, Anti-Flag, Dropkick Murphys, the Offspring, NOFX, and Pennywise 

History
Early days and increasing popularity (1979–1982)
Lead vocalist Keith Morris was an original member of Black Flag, co-founding the band with guitarist Greg Ginn and recording the Nervous Breakdown EP with them before suddenly departing the group in December 1979  Morris formed Circle Jerks as the Bedwetters along with guitarist Greg Hetson, bassist Roger Rogerson (a classically-trained guitarist) and drummer Lucky Lehrer (a jazz-trained drummer)  Lehrer did not like the name the Bedwetters, so Morris looked through a dictionary of slang words and renamed the band the Circle Jerks The band's first recordings took place in spring 1980, including the original version of "Wild in the Streets", which appeared on Posh Boy's first Rodney on the ROQ compilation  In July of that year, the band recorded their debut studio album, Group Sex, which was released in October 1980 on the Frontier Records label; its 14 songs totaled just 15 minutes  The album featured several songs that Morris had written while in Black Flag  That same year, the group was one of several California punk bands to be immortalized in the Penelope Spheeris documentary The Decline of Western Civilization; live versions of five songs from Group Sex appeared on the movie's soundtrack 
In late 1980, the group signed with IRS Records subsidiary Faulty Products and recorded their second album, Wild in the Streets, released in 1982  The title track was a cover version of a song by Garland Jeffreys  Faulty Products ceased operations several months after its release, forcing Circle Jerks to seek their third record deal in as many years  While they regained the copyright to Wild in the Streets, the original stereo master tape was lost, forcing the band to remix it from the multi-track tapes when they reissued the album in 1988 

Later years (1983–1989)
They signed a management deal with War producer/manager Jerry Goldstein's Far Out Productions, and recorded their third album, Golden Shower of Hits, in 1983  The album was released on Goldstein's LAX Records label  The title track was a medley of six cover versions (of artists as diverse and unexpected as the Association, the Carpenters and Tammy Wynette) strung together to create a storyline of two people who fall in love, have an unplanned pregnancy, rush into marriage and end up divorced  Another song from the album, "Coup d'État", was used in the soundtrack of Alex Cox's 1984 film Repo Man, which the band appeared in, playing an acoustic lounge version of "When the Shit Hits the Fan", featuring new members Chuck Biscuits (formerly of Black Flag and D O A ) on drums and Earl Liberty (formerly of Saccharine Trust) on bass  Just prior to joining Circle Jerks at the suggestion of Biscuits, Liberty worked 10 weeks as a roadie for the Misfits as he became increasingly disillusioned with Saccharine Trust's lack of interest in developing new material, recalling in a 1983 interview that his former bandmates "were just getting too lazy "Biscuits and Liberty were eventually replaced by Keith Clark and Zander Schloss (who also appeared in Repo Man), respectively  The band also changed labels for the fourth time, signing a deal with Relativity Records' metal imprint Combat Records, which had started a punk sub-label, Combat Core  The newly revamped group recorded Wonderful, released in 1985  Their newfound stability allowed the lineup to record a second album for Relativity, VI, issued in 1987  One track from VI, "Love Kills", had been commissioned by Cox for the soundtrack of the 1986 movie Sid and Nancy, and was heard in the film 
Chris Poland played bass with Circle Jerks briefly circa 1989 after being fired as guitarist for Megadeth (Schloss had left the band by that point) 

Hiatus (1990–1993)
Circle Jerks dissolved in 1990 after Hetson left the band to continue recording with Bad Religion  Live recordings made during what would be their final tour at the time were immortalized in the live album Gig in 1992, their third and last release for Relativity 
During the hiatus, Hetson would continue playing in Bad Religion; Schloss played guitar and bass with various acts; Clark initially retired from music; Morris worked menial jobs and battled health problems (he had kicked a longtime dependence on drugs and alcohol in 1988) 

Reunions and hiatuses (1994–2011)
A long period of inactivity for Circle Jerks ended in 1994, when the Wonderful-era lineup reunited and signed a major label deal with Mercury Records, a move that had a few business complications: Hetson was still with Bad Religion, who had signed a long-term contract with Atlantic Records, while Schloss had been part of a band contracted to Interscope Records  After ironing out these difficulties, the band recorded their final studio album to date, Oddities, Abnormalities and Curiosities, released June 20, 1995  One track on the album, a cover of the Soft Boys' "I Wanna Destroy You", featured backing vocals from pop singer/songwriter Deborah Gibson, who had just finished a solo album with the same producer that Circle Jerks were using  Gibson later made a surprise appearance at Circle Jerks' performance at punk mecca CBGB to perform "I Wanna Destroy You" with the band  Despite such media attention, the group suddenly imploded three weeks into a tour behind the album  The breakup would not be totally permanent, with the Jerks playing sporadically throughout the late 1990s, but Clark left music for good afterward  Original bassist Rogerson died in 1996 of a drug overdose  He was 41 years old 
Further Circle Jerks activity was suddenly held up when Morris announced that he had been diagnosed with adult onset diabetes in 1999  A multitude of punk bands held benefits on his behalf 
The core of Morris, Hetson and Schloss, with drummer Kevin Fitzgerald, continued to tour until 2011, in between other commitments — Hetson was still a full-time member of Bad Religion, Schloss played bass for the reformed first-generation LA punk band the Weirdos, and Morris was an A&R director for V2 Records until the label was suddenly shuttered by its owners in 2007 
In 2004, the Circle Jerks shot a live concert DVD as part of Kung-Fu Records' live DVD series The Show Must Go Off!, in which the band played songs from all six of their studio albums, plus – in nods to Schloss' other current band and Morris' first band, respectively – covers of the Weirdos' "Solitary Confinement" and Black Flag's "Nervous Breakdown"  In 2005, Hetson formed another band, Black President 
For several years, a rumored Circle Jerks album featuring new material was said to be imminent, although no further formal announcement was made  In late February 2007, the band released their first new song since 1995 on their Myspace page, titled "I'm Gonna Live", adding more anticipation to the possibility of a new album emerging  However, in an April 2008 interview, guitarist Hetson admitted that Circle Jerks would not release any new studio material, saying that he does not know what will happen in the future, "but in the near future, no Circle Jerks stuff will come out" Circle Jerks were featured on a television commercial for XM Satellite Radio (they were the first band played in the commercial, which included "Operation" from the album Group Sex), and the band also posted a cover of  Germs song "The Slave" on their Myspace page 
The Circle Jerks played their final show for nearly a decade at the Bluebird Theater in Denver on January 27, 2011 From 2011 to 2019, the Circle Jerks were on hiatus due to a dispute between Morris and the rest of the band  The conflict was over songs that were written by Morris and Dimitri Coats  Coats (from Burning Brides), who was supposed to produce a new Circle Jerks album, decided that the songs Hetson had written were not up to par with Circle Jerks' catalog  Morris agreed, and both he and Coats wrote multiple songs intended for the new album  The other members of Circle Jerks believed Coats to be "arrogant, overbearing, egotistical" and called for him to be fired from producing the new record  Morris disagreed, and he and Coats recruited Steven Shane McDonald (from Redd Kross) and Mario Rubalcaba (Rocket from the Crypt, Hot Snakes, 411, Clikatat Ikatowi, Earthless) to start a new band called Off! 

Group Sex anniversary shows (2019–present)
On November 22, 2019, the Circle Jerks announced that they were going to reunite in 2020 for a number of shows to celebrate the 40th anniversary of their debut album Group Sex, including that year's Punk Rock Bowling  However, the COVID-19 pandemic caused performances to be postponed until 2021  Three-fourths of the final lineup — Keith Morris, guitarist Greg Hetson, bassist Zander Schloss — were involved in the reunion 
On July 15, 2021 it was announced that former Queens of the Stone Age and Danzig drummer Joey Castillo would be joining the band on drums In April 2022, six dates on the anniversary tour were postponed after Morris tested positive for the COVID-19 virus 

Band members
Current members
Keith Morris – vocals (1979–1990, 1994–1995, 2001–2011, 2019–present)
Greg Hetson – guitars (1979–1990, 1994–1995, 2001–2011, 2019–present)
Zander Schloss – bass (1984–1988, 1989-1990, 1994–1995, 2001–2011, 2019–present)
Joey Castillo – drums (2021–present)

Discography
Studio albums

Group Sex (1980)
Wild in the Streets (1982)
Golden Shower of Hits (1983)
Wonderful (1985)
VI (1987)
Oddities, Abnormalities and Curiosities (1995)



ground_truth: Australian Supercars Championship