Dr Cywinski, who anchors a UK-wide thorium team, said the residual heat left behind in a crisis would be "orders of magnitude less" than in a uranium reactor.
Hmmm, have those accelerator driven people managed to somehow change the laws of physics? All reactors have the same amount of residual or decay heat to manage (until about 300 years later, then thorium has an edge). Accelerator systems help one shut down quickly but do nothing to aid in decay heat removal.
In Th-based reactors, who is ahead of who? I read India has very good Th based experimental reactor/s and has been active in Th based nuclear reactors for sometime. Now China has said to invest in Th based reactors. Why one cannot see much news from India related to Th reactors? Is it because their tech is inferior to Chinese?
Listen to Kirk's talk on google (eh, just google it). Or listen to his interview on dr kiki's science hour (at twit.tv).
Thorium doesn't generate the same byproducts, is the short answer.
all fission reactors produce about the same fission products like cesium etc. LFTR are better for the long lived transuranics like plutonium and that stuff.
Am I wrong or deacy heat of a thorium reactor is actually slightly higher than an uranium one for the presence of strong gamma products (like U-232) ?
Yeah, the U-232 adds a trivial amount of decay heat but is a substantial source of gamma rays in separated uranium.
It takes approximately the same number of U233 atoms to fision as U238 atoms to produce 1 MWh of energy. Each fision event produces approximately the same number of fision products, and each fision product has to decay away to something stable. So I would think that unless it is much more complicated than that, a 1 GW power station operating for a year would have approximately the same % of decay heat inventory to manage regardless of its fuel.
There may be an opportunity to periodic remove the decaying nucleii from the reactor core through the fuel processing that is part of the Th cycle (the fluorination step).
Which brings up the next hazard to think of: the LFTR has a chemical plant, which uses Florine and hydrogen to separate the fisile U233 from fertile Th. THis facility has to be made earthquake proof and tsunami proof. And while it is of acedemic dispute as to whether miniscule quantities of Cesium and iodine radiation will cause cancers in x number of years, it is a medical certainty that a F gas release will kill people instantly. I've never been sure where this plant would be located, is it close to the nuclear reactor, or is it somewhere else?
Chris, I anticipate that F2 and H2 would be generated on an as-needed basis from the electrolysis of HF. You can buy equipment to do this on the market today. This would eliminate the need for any stored reservoirs of H2 or F2 in the reactor design.
Not that HF is safe, HF turns into hydrofluoric acid on contact with water. Ewww.
Chris Crowe, it IS more complicated than that. Light water reactor fuel is mostly U238. The 238 is transmuted into heavy isotopes with long decay chains inside the reactor. LFTRs have almost no transuranics, so almost no decay heat from them.
The fission decay products accumulate in a light water reactor for about three years before the fuel is moved to a spent fuel pool. The decay products are continuously removed from the LFTR fuel. It is not that the energy is not released, it is that the decay energy is not left in the reactor.
In summary, there is much less radioactive decay heat in a LFTR upon shutdown.
A couple quick points. Dr. Cywinski's mistaken comment was regarding their solid thorium fueled, accelerator driven design. Their decay heat post shutdown will be virtually identical to a solid fueled reactor consuming uranium. I'll give him the benefit of doubt that the reporter misquoted him. He may have been trying to explain that their design is better at dealing with decay heat than LWRs which is probably true.
For MSR i.e. LFTR we do have less initial decay heat in the salt, but not so much because of fission product removal, more from Xenon and other volatiles coming out continuously (but their decay heat must be then taken care of elsewhere, usually our same dump tanks so it actually gets combined). In the salt it is the short lived decay products of hours or days half life that give the vast majority of the initial decay heat which needs to be safely removed. We don't remove fission products fast enough to really effect those elements (except in one proposed design that hoped to pull out fission products on a 6 hour timescale! Unworkable in my opinion).
In terms of decay heat, I don't think much of it comes from the transuranics. The reason I say that is because the news reports from Japan talk about Iodine and cesium, and these are short lived products of fision. I think that the inventory of fision products is similar in all nuclear reactors.
But you are right, it is more complicated no doubt and can only be answered with a number: Someone give me the decay heat in LFTR as a percent of generating power.
Please correct me if I misunderstand anything.
A. Uncontrolled reactivity increase leading to reactor damage.
B. Decay heat after fission criticality is shutdown leading to reactor damage.
C. External containment breach exposes reactor to air or water.
1. High negative temperature coefficient of reactivity in the core -> A.
2. Unpressurized core -> A+B+C.
3. Operational removal of FPs, even continuous removal -> B.
4. Passive emergency systems and cooling geometry changes -> B+C.
5. Low chemical reactivity of molten salts -> B+C.
My other understanding is that while from a prototype design and lab perspective point 4 is straightforward, it may be a significant engineering challenge as the reactor is scaled up in size or to comply with regulations. However, with point 3, it may be possible (and cost effective?) to remove FPs so often prior to an abnormal shutdown that the decay heat from the FPs can never result in the molten salt boiling which I assume may lead to reactor or containment damage.
Finally, what is not clear is the presence of moderators and the part they play in both abnormal shutdowns and controlled startups in modern LFTR designs since the speed of shutting down fission can greatly impact the amount of decay heat being managed and therefore safety. This seems to be one of the notable hallmarks of both TMI and Fukushima whereby very speedy fission emergency shutdowns/SCRAM did actually occur and all problems were subsequent to that.
I imagine the reason why you may find it tricky to obtain realistic figures for LFTR decay heat is for a given rated power plant it will depend on thermal to electrical efficiency not observed in conventional reactors and how often FPs are removed from the core.
Also, decay heat is not a fixed percentage of reactor power output but a curve over time.


On Saturday 6 August 2016, the police found the deserted body of 16 year old Lesley Makousa in a nearby field of Promosa, in the North West Province. Lesley Makousa was a gay Grade 10 learner at Promosa Secondary School.
On 11 August 2016, Iranti attended Lesley's memorial service which was hosted by Promosa Secondary School. There was a high attendance from bereaved family, school mates and the broader community of Promosa. Lesley's teacher spoke highly of them and expressed a deep regret that they had passed on so soon.
Iranti documented the memorial service and is monitoring the investigation of Lesley's murder. Rest in power Lesley, you will be missed.


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Crosses (not just a "Supergroup" or "Side Project")
When the term "side project" is thrown out in the public most people's reactions are quite speculative. Throughout the past few years there has been a number of "Supergroups" that have formed and have failed miserably, though there are now two that stand out and surpass the "supergroup" and "side project name. The first being Them Crooked Vultures (featuring Josh Homme, Dave Grohl, and John Paul Jones) and followed in a close second is Crosses (featuring Chino Moreno of Deftones, Shaun Lopez of Far/The Revolution Smile, and Chuck Doom)
In late 2011, Crosses released their first EP. This collection was met with great anticipation and was quite intriguing to fans of all the members involved. From the moment the first song "This Is A Trick" kicks in there is no denying that this was going to move you. Every ounce of the individuals working on this project is included in the songs especially my personal favorite (from the first E.P. "The Holy Ghost". It's a wonderful blend of electronic music mixed with the warm subtleties of alternative, all the while showcasing the talents of Chino Moreno as a vocalist and lyricist and Shaun Lopez's guitar and production work.
Come to January of 2012 and E.P. number two was released, continuing where the first one left off. The collection of songs on the second E.P. have a more live feel to them allowing the listener to really grasp the raw feel but at the same time have the same effect that they felt from the first E.P. The stand out track "Telepathy" has a fun good time dance vibe to it that makes you want to get up and and start moving.
Crosses recently went out on tour and I had the wonderful opportunity of getting to witness their first show at the Glass House in Pomona. They played every song they had including the B-side "The Years" and a new track that had the audience silent just listening. While it was the first show, and of course there were the fair share of routine sound issues, they certainly didn't disappoint. Their live band consisted of Chris Robyn (from FAR on drums), Dino Campanella (from Dredg on drums/keyboards), Jono Evans (From Endless Hallway on guitar/keyboards), Chuck Doom (bass), Shaun Lopez (guitar/keyboards) and Chino Moreno (vocals).
The set while short, sure hit every note and struck a chord with all in attendance. There is no denying that once these guys have a few more shows under their belts, Crosses will be one amazing entity live.
Do yourself a favor and head over to their site www.crossesmusic.com and download both E.P.'s you will be completely satisfied that you did, and it will leave you wanting more from them soon!
Posted in New Release and tagged Chino Moreno, Crosses, Deftones, Far, Shaun Lopez on February 3, 2012 by audioeclectica. 1 Comment

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Businesses Receive Relief in TCPA Revocation Claims
By Henry Pietrkowski and Abraham Colman on 23 June 2017 Posted in TCPA
In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims, the Second Circuit Court of Appeals held that consumers cannot revoke their consent to receive automated or prerecorded cell phone calls if they previously consented to receive those calls as part of a binding contract. See Reyes v. Lincoln Automotive Fin. Servs., No. 16-2104-cv, slip op. (2d Cir. June 22, 2017).
In Reyes, the plaintiff entered into a binding auto lease agreement, which contained a provision stating that he expressly consented to be contacted using "prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems" at the cell phone number he had provided on his application. When the plaintiff defaulted on his car lease and he started receiving collection calls on his cell phone, he allegedly mailed a letter revoking his consent to receive further calls, but they continued.
The New York federal district court granted summary judgment to the defendant in part on the basis that "the TCPA does not permit a party to a legally binding contract to unilaterally revoke bargained-for consent to be contacted by telephone." On appeal, the Second Circuit affirmed the district court's decision, holding that "the TCPA does not permit a party who agrees to be contacted as part of a bargained-for exchange to unilaterally revoke that consent, and we decline to read such a provision into the act."
In reaching this ruling, the Second Circuit reasoned that the "text of the TCPA evidences no intent to deviate from common law rules in defining 'consent.'" The court distinguished between (i) "gratuitous actions" under the tort law, such as voluntarily providing one's cell phone number on a loan application without exchanging any consideration, versus (ii) providing consent "as an express provision of a contract to lease an automobile." In the former case, where the consent was purely voluntary, revocation is allowed at any time. But in the latter case, where consent is provided as a term of a binding agreement, that consent "become[s] irrevocable" because "one party may not alter a bilateral contract by revoking a term without the consent of the counterparty." Given Congress' silence about revocation in the TCPA, the Second Circuit was not willing to conclude that "Congress intended to alter the common law of contracts." The Second Circuit further rejected the plaintiff's argument that any ambiguities should be construed in the consumers' favor because the statute contained no ambiguity on the revocation point.
Take-away: Businesses face thousands of TCPA lawsuits each year based on alleged revocations of prior express consent. This Second Circuit decision creates a powerful defense to these claims as long as the defendant can show that the plaintiff's prior express consent to receive automated or prerecorded calls was given as part of a binding contractual agreement. If so, the plaintiff cannot unilaterally revoke that consent as a matter of law. While this decision only is binding in the Second Circuit, it can and should be used by defendants as persuasive precedent across the entire country.
Tags: TCPA, Telephone Consumer Protection Act
D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes
By Judith L. Harris, Henry Pietrkowski and Ashley Shively on 3 April 2017 Posted in Litigation, TCPA
On Friday, in a decision certain to please the business community as well as the Chair and new majority of the Federal Communications Committee, the D.C. Circuit struck down parts of the FCC's October 30, 2014 Order, 29 F.C.C. Rcd. 13998 (FCC 14-164), requiring that solicited faxes (those sent with consent of the recipient) must contain opt-out notices in order to avoid violating the TCPA. See Bais Yaakov of Spring Valley, et al v. FCC (No. 14-1234). In a 2-1 decision, the majority held that the FCC lacked authority under the statute to regulate solicited faxes. The D.C. Circuit thus limits liability under the TCPA to just unsolicited fax advertisements, as its plain language states.
This ruling vindicates the two Republican FCC Commissioners, now Agency Chair Ajit Pai and Commissioner Michael O'Reilly, both of whom dissented in 2014 when the Commission's fax Order was adopted. The ruling should also moot pending lawsuits based solely on the absence of an opt-out notice in faxes sent with the recipient's express permission or invitation.
One caution is worth noting though. The decision does not eliminate the need to honor opt-out requests, thus creating a potential issue of fact for litigants. On the one hand, this should make it much harder for plaintiffs' attorneys to succeed at class certification because whether any particular person opted out of receiving faxes is an individualized factual issue. On the other hand, however, it becomes harder for a defendant to refute a claim that a particular plaintiff revoked his or her consent before receiving an allegedly offending fax.
Under the FCC's 2014 Order, onerous as the requirement to include an opt-out notice in every fax was, the business community had certainty as to what was required in communicating with customers or potential customers by fax. Now, it is incumbent on businesses to review their existing procedures or implement new procedures to defend against allegations that they have ignored or mishandled attempts by consumers to withdraw consent.
It is also worth pointing out that Bais Yaakov was argued before a three judge panel consisting of D.C. Circuit Judges Brett Kavanaugh and Nina Pillard, and Senior Circuit Judge Raymond Randolph on November 8, 2016. Oral argument in the all-important TCPA case ACA International, et al. v. FCC, also before the D.C. Circuit, was argued a few weeks earlier, on October 19, 2016, before Judges Pillard, Sri Srinivasan, and Harry Edwards. Now that Bais Yaakov has been decided, one can assume that decision in ACA cannot be far behind, and with it more certainty with respect to the definition of an "automatic telephone dialing system" and — hopefully — some much needed, practical relief, such as in the case of reassigned telephone numbers.
Before one starts uncorking the champagne, however, it is worth noting that Judge Pillard, the only judge on both the panel that heard Bais Yaakov and the panel that heard ACA, was the lone dissenter in the just decided fax case. In her dissent, Judge Pillard focused on consumer harm and the need to address what she referred to as "a fusillade of annoying and unstoppable advertisements." In her view, Congress expressly delegated authority to the FCC to implement a prohibition on unsolicited fax advertisements, and the opt-out notice requirement gave practical effect to that ban.
In any event, it shouldn't be long now until we see how Judge Pillard and the rest of the D.C. Circuit's ACA panel weighs in on this ever-evolving area of the law.
Ohio Federal Court Rules That Bank Is Not Liable Under Ohio Securities Act For Providing Ordinary Banking Services To Customers Who Operated Ponzi Scheme
By Seth Kean on 19 January 2017 Posted in Litigation
In a January 10, 2017 decision, United States District Judge Thomas M. Rose in the Southern District of Ohio ruled that plaintiffs, who claimed to be investors in a Ponzi scheme operated by customers of PNC Bank, failed to state a claim against PNC Bank, National Association and The PNC Financial Services Group, Inc. (collectively, "PNC") for allegedly violating the Ohio Securities Act, Ohio Rev. Code § 1707.01, et seq. Cruz v. PNC Bank, N.A., No. 3:16-cv-292, slip op. (S.D. Ohio Jan. 10, 2017). Plaintiffs alleged that PNC was liable for their losses because the alleged ringleaders of the fraud, William and Connie Apostelos (who are currently awaiting trial on various federal criminal charges), deposited virtually all of the funds they raised from investors into a PNC business account and made interest payments to investors from the account. Plaintiffs claimed that by providing the Aposteloses with account services and allegedly allowing them to use PNC facilities, PNC participated in the sale of unregistered securities by the Aposteloses.
Tags: Ohio Securities Act
California Amends Identity Theft Requirements for Debt Collectors
By Le T. Duong and Travis Sabalewski on 21 October 2016 Posted in Litigation
The California legislature has amended the existing requirements for debt collectors who receive consumer claims of identity theft with the Identity Theft Resolution Act ("Act"). See AB 1723; Cal. Civ. Code § 1785.16.2.[1] The Act does not take effect until January 1, 2017, but creditors should immediately start implementing new policies and procedures for debt collectors to follow to ensure that the creditor's interest is protected under the amendments.
Under the Act, the time frame for reviewing claims of identity theft has been dramatically reduced for debt collectors. Once the debt collector receives the police report, written statement, and other information required under the law, it will have 10 business days to start an investigation of the dispute. After concluding its review, the debt collector must send the results of its investigation to the consumer within 10 business days. The timeframe under the Act is in stark contrast to current law, which sets no time frame for when a debt collector must investigate a consumer's claim of identity theft, or when the debt collector must notify the creditor associated with the account or any consumer reporting agency ("CRA") to which the debt has been reported. Current law only requires a debt collector to cease collection of a debt upon receipt of a police report filed by a consumer and a written statement alleging identity theft regarding the debt at issue.
While investigating the debtor's claim of identity theft, the debt collector must review and consider all of the information provided by the debtor as well as information available to the debt collector in its file or from the creditor. The debt collector may apply common sense. For example, if the debtor has previously affirmed the debt or acknowledged it, that fact can be considered in determining whether the claim of identity theft is valid or made in good faith. The debt collector should document all communications and provide a clear explanation if it is decided that the claim is not valid. As mentioned above, once the debt collector concludes its review, it must send its decision to the debtor within 10 business days, notifying the debtor in writing that he or she is still responsible for the debt, as well as the basis for that determination. The debt collector may recommence collection activities only after making a good faith determination that the evidence presented does not establish the debtor is not responsible for that specific debt.
Tags: debt collection, Identity Theft Resolution Act
FCC Adds New Wrinkle to Collection of Federally Backed Debts
By Le T. Duong and Ashley Shively on 15 August 2016 Posted in TCPA
Federal Communications Commission announced new rules on Thursday that imposes limitations on private collection agencies and servicers seeking to collect on behalf of federal debts. While the TCPA places limitations around many autodialed calls, it provides an exception to liability for federal debt collection calls, such for as some mortgages and student loans. Under the new rules, however, debt collectors can now only place three calls or texts per month to people with loans "owed to or guaranteed by the United States." The new limitation applies regardless of how many separate accounts a single borrower has with the caller and only consumers at risk of delinquency can be called. The caller is required to inform the borrower that he or she has the right to stop calls at any point. In addition, the FCC clarified that a borrower's do-not-call instruction remains in place even if an account is transferred to a new servicer. There are also new restrictions around contacting borrowers' family or friends.
The FCC's new requirements are likely to impact both large and small institution that act as servicers on federal debts. "The commission is establishing strong, pro-consumer limits on robocalls to collect federal debt," FCC Chairman Tom Wheeler said in a statement. "These protections are particularly important following a January Supreme Court ruling that federal government entities conducting official business are not subject to robocall limits unless Congress says otherwise. Our decision implements Congress' directive and responds to thousands of comments from consumers expressing frustration with robocalls and urging clear, strong limits on debt-collection calls."
Tags: call limits, TCPA
Illinois Supreme Court Expands Who Can Seek TILA Rescission
By Elizabeth S. McCall on 2 March 2016 Posted in Litigation, TILA
A recent Illinois Supreme Court opinion may expose banks to a flood of TILA rescission claims by anyone who claims an ownership interest in mortgaged property. The state supreme court ruled that the right to rescind includes "each consumer whose ownership interest is or will be subject to the security interest" or "is subject to the risk of loss." Financial Freedom Acquisition v. Standard Bank & Trust Co. et al., 2015 IL 117950 (9/24/2015), rehearing denied, OneWest Bank N.A. v. Standard Bank & Trust Co., et al., (11/23/2015.
The Financial Freedom decision permitted the trustee for a reverse mortgage to rescind the loan signed by the deceased borrower after a foreclosure action had been filed. More recently, an appellate court relied upon the Financial Freedom decision to reverse the dismissal of a TILA claim by a co-mortgagor who did not sign the loan and remanded the case to the trial court. Lakeview Loan Servicing, LLC v. Pendleton, 2015 IL App (1st) 143114 (12/24/2015). It may now be possible for an heir of a mortgagor to demand TILA rescission since the heir would have an ownership interest in the property. Will this decision permit a creditor of a mortgagor, claiming an ownership interest in the property, to demand TILA rescission?
There are decisions from other jurisdictions that limit TILA rescission to the obligor who signed the loan. See, e.g., In re Smith-Pena, 484 B.R. 512 , 528 (Bankr. D. Mass. 2013) ("To the extent [Regulation Z] grants a right of rescission to a person who incurred no obligations on the transaction, it is an irrational construction of [TILA] that does not bind this Court."). However, the Illinois supreme court rejected these cases (and the clear wording of the law) and relied upon the provisions of Regulation Z and commentary in the Code of Federal Regulations.
Third Circuit Affirms Summary Judgment for M&T in RESPA Class Action Involving Private Mortgage Insurance Reinsurance
By Molly Q. Campbell on 25 February 2016 Posted in Litigation, RESPA
Andrew Soven, Dan Booker and Molly Campbell secured a precedential Third Circuit victory of a putative class action asserted against firm client M&T Bank Corp. and its subsidiaries claiming that, under the Real Estate Settlement Procedures Act ("RESPA") and unjust enrichment, M&T operated an illegal captive reinsurance scheme. Originally filed in the U.S. District Court for the Middle District of Pennsylvania, plaintiffs alleged that M&T Bank and its reinsurer colluded with private mortgage insurers, referring customers to those insurers and receiving in return reinsurance agreements that required M&T Mortgage Reinsurance to take on little or no actual risk. Plaintiffs also alleged that M&T fraudulently concealed the reinsurance scheme such that plaintiffs were unable to bring their claims within the limitations period. After allowing discovery related to the timeliness of plaintiffs' claims, the District Court granted summary judgment for M&T finding plaintiffs' claims were untimely and not subject to equitable tolling.
The Third Circuit agreed, ruling that plaintiffs had not exercised reasonable diligence in investigating any potential claims such that the limitations period could be tolled. Specifically, the limitations period runs from the date of the occurrence of the violation, which in this case, began at the closing of plaintiffs' mortgage loans. Because M&T specifically provided plaintiffs opt out forms concerning the captive reinsurance, thereby evidencing plaintiffs' knowledge about the reinsurance arrangement, the court held that equitable tolling could not rescue the otherwise barred claims. Cunningham v. M & T Bank Corp., No. 15-1412, ___ F.3d___, 2016 WL 683372, at *3 (3d Cir. Feb. 19, 2016). The court also rejected plaintiffs' argument that their inaction should be excused until they were put on notice by attorneys investigating the captive reinsurance claims in late 2011. The Third Circuit's decision also may end actions pending against other banks represented Reed Smith in similar cases. Law360 covered this case, and that account can be found here. https://www.law360.com/articles/761476
The court's enforcement of RESPA's statute of limitations stands in contrast to the decision issued by the Consumer Financial Protection Bureau ("CFPB") in In the Matter of PHH Corp., File No. 2014-CFPB-02, Decision of the Director, Doc. 226 at 10 (2015). In PHH, which is based on similar purported RESPA violations, the CFPB ruled that that the Consumer Financial Protection Act's ("CFPA") statute of limitations did not apply to administrative RESPA proceedings brought by the CFPB because "the CFPA gives the bureau a choice: it may enforce laws administratively or in court." PHH has appealed the decision to the D.C. Circuit, and oral argument is scheduled for April 12, 2016. If the decision is affirmed in the D.C. Circuit, it is possible that financial institutions still might face potential liability through CFPB proceedings even though courts such as the Third Circuit have concluded that private plaintiffs' claims are time-barred.
Pa. Judge Strikes Class Allegations in Bank of America Suit
By Molly Q. Campbell on 17 February 2016 Posted in Litigation
Reed Smith attorneys secured a decertification of a putative class action asserted against Bank of America, N.A. in the U.S. District Court for the Eastern District of Pennsylvania on February 3, 2016. The Honorable Petrese B. Tucker struck class allegations from a suit accusing Bank of America NA and co-defendant McCabe Weisberg & Conway, PC of charging unauthorized and illegal foreclosure-related attorneys' fees. Specifically, Plaintiffs alleged that a foreclosure complaint filed in July 2012, which contained a flat fee for counsel fees was an improper demand for payment under their mortgage. Arguing that such fees may not have been incurred at the time the foreclosure complaint was filed, Plaintiffs sought to represent a class of similarly situated Pennsylvania borrowers.
On August 11, 2014, Judge Tucker granted partial dismissal of several of Plaintiffs' claims, including those brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) and Fair Debt Collection Practices Act (FDCPA), as well as Act 6. Although, the Judge did not dismiss Plaintiffs' claims that Defendants violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL), the court's most recent ruling held that applicable law precluded Plaintiffs from pursuing their UTPCPL claim on a class-wide basis.
Judge Tucker agreed with Defendants' argument that the principle of justifiable reliance, which requires detailed consideration of a person's reliance on an alleged misrepresentation, was too individualized and claim specific to allow class-wide certification:
[T]his court would need to know whether the payment was made after service of the foreclosure complaint, assume that putative plaintiff read the foreclosure complaint and believed it to be true, and further assume that any partial payment made by the putative plaintiff was meant to be applied to the attorneys' fees listed and not to any other amounts. These are individual inquiries unsuitable for class adjudication. Allowing certification to proceed on the mere proof of payment would, in sum, amount to an outright presumption of justifiable reliance.
Davis v. Bank of Am., N.A., 2016 U.S. Dist. LEXIS 13333, *16 (E.D. Pa. Feb. 3, 2016). The court also held that a class certification was not practicable due to the highly individualized findings needed to determine ascertainable loss, another element of a prima facie case under the UTPCPL. As such, Plaintiffs were unable to satisfy the predominance requirement for class certification – although their UTPCPL claim was permitted to go forward on an individual basis.
Reed Smith Issues Report on Marketplace Lending
By Heather Cantua Phillips on 2 February 2016 Posted in FinTech Trends
Reed Smith has issued the first comprehensive white paper discussing the comments submitted in response to Treasury's July 2015 Request for Information (RFI) on marketplace lending. The RFI, entitled "Public Input on Expanding Access to Credit through Online Marketplace Lending," sought public comment on the FinTech business models applicable to online lending, the potential for marketplace lending to expand access to credit, and how the financial regulatory framework should evolve to support the safe growth of this industry. The RFI drew responses from FinTech companies, banks, industry and consumer groups, politicians, agencies, and other concerned parties. Reed Smith's FinTech team reviewed and summarized the comments, and is proud to provide this FinTech Report on the key responses, and the themes, arguments and proposals contained in its pages.
Download full report here: FinTech Report – Summary of Responses to Treasury RFI on Marketplace Lending
CFPB Asserts No SOL
By Nicholas Smyth on 26 January 2016 Posted in CFPB
On January 15, 2016, the CFPB Office of Enforcement asserted that claims pursued in administrative enforcement actions are not subject to the three-year statute of limitations set forth in the Consumer Financial Protection Act, signaling that the agency is willing to target long-ago violations when seeking restitution and penalties. The CFPA — also known as Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act — is the statute that empowers the CFPB to administratively enforce the federal consumer financial laws.
The Integrity Advance enforcement proceeding involves conduct that allegedly stopped in December 2012. The CFPB alleged that a payday lender misled consumers by disclosing that loans could be repaid in a single payment when, in fact, the loans would roll over automatically because payments were applied to finance charges instead of to principal. The CFPB also alleged violations of the Electronic Fund Transfer Act, the Truth in Lending Act, and the CFPA's prohibition of unfair, deceptive, or abusive acts or practices against the lender.
The CFPB put forth its statute of limitations argument in a brief opposing a motion to dismiss filed in its administrative proceeding against Integrity Advance, LLC. In making this argument, the CFPB is breaking new legal ground. Previously, the agency had argued that the CFPA SOL does not apply to claims brought by the CFPB under its CFPA administrative action authority alleging violations of the Real Estate Settlement Procedures Act. Now, it is extending that argument to claims alleging violations of the CFPA's prohibition of unfair, deceptive, or abusive acts or practices.
Read more at our client alert here.


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Region Tour
The Beechworth Vignerons consists of over 30 family owned and operated vineyards dotted throughout the townships of Beechworth, Stanley, Everton, Wooragee, and Murmungee.
Each winery crafts its own distinctive style and individual personality, fashioning bespoke tastes, textures, and experience. From the classics of Chardonnay, Cabernet Sauvignon, Shiraz, and Pinot Noir to the open mindedness of Gamay, Muscat, Nebbiolo, Sangiovese and Tempranillo and of course the aromatic whites Riesling, Rousanne and Viognier.
Despite consistent representation at both national and international industry awards and celebrating global recognition, the Beechworth Vignerons remain fiercely independent. Dedicated to their craft each winery remains anchored to the pursuit of quality and perfection.
View brochure/map
A.Rodda
A.Rodda wines are sourced from vineyards that are inherently suited to particular varieties and made using minimal winemaking to capture the essence of the vineyard in the wine.
Adrian Rodda has been involved in making wine since 1998, spending more than decade at Oakridge Wines in the Yarra Valley. In 2010, Adrian moved to Beechworth in the North East of Victoria to produce a Chardonnay from the Smiths Vineyard, the oldest vineyard in modern Beechworth viticulture.
In 2012, Adrian commenced the "Chardonnay Project" whereby he sources grapes from the Willow Lake Vineyard in the Yarra Valley and vinifies them in parallel with the Smiths Vineyard Chardonnay. In 2017, a third single vineyard Chardonnay was produced from the Baxendale Vineyard at Whitlands in the cool upper reaches of North East Victoria.
Since 2011, the range has also included a Bordeaux Blend, based around Cabernet Sauvignon also sourced from the Smiths Vineyard, and a Tempranillo from the Aquila Audax Vineyard, Adrian's first foray with a Mediterranean variety.
Food Available: No
Cellar Door: No
Book Ahead: Yes
Baarmutha
Our Dream, Our Journey from Vine to Glass... Our dream started with the purchase of 45 acres 6.5 km away from the Beechworth Post Office some 20 years ago.
1184 Diffey Rd, Beechworth VIC 3747
Baarmutha Wines has been the brain child of Vinny and Sharon, and a massive labour of love, passion and hard work, starting from scratch in 2006.
Just a short 6.km from the Beechworth post office our journey has included every facet of pouring fine wine into glass, from the Oenology and Viticultural studies at CSU, to the variety and clone selection, planting and establishing of our small low yielding vineyards, hand weeding, mulching, nurturing to hand selecting the fruit at harvest with family and friends.
We then follow Old World principles, minimal intervention, wild ferments, and time underground, to truly support Beechworth's envious reputation for high quality artisan wines.
Organise some time to visit wine-maker Vinny Webb, and his wife Sharon to enjoy a truly personal and unique wine tasting experience. A planned visit can include all or some of this journey, including underground barrel tastings, following a few years of the wines development, and the sharing of our home made Salami, in a wonderful purpose built old Gold fields building, with a few modern climate control conveniences.
Cellar Door: Yes
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Beechworth Wine Estates
Beechworth Wine Estates is a boutique vineyard located at Baarmutha 4km from the beautiful historical town of Beechworth.
The property is situated on 53 acres, half of which has established vines planted. Purchasing the land in 2003 we started from scratch and have created the family run and owned business we have today. From our humble beginnings BWE has made a name for itself with Gold medals at the Royal Melbourne Wine Awards for our Chardonnay 2015 and Tempranillo 2015.
Our vineyard is adjacent to the Beechworth to Everton Rail Trail and a short cycle to the beautiful historical township of Beechworth itself. From day one it has been a family affair with Jo, John and their children all working and playing together to maintain a high-quality vineyard that produces award winning wines. Our motto 'dreams produce great wine' is becoming a reality!
'Wine brings to light the hidden secrets of the soul'
Food Available: Yes
Bowman's Run
Fran & Struan Robertson are producers of premium table wines from a small hand tended vineyard, where each vintage shows true seasonal variation. Plantings of Shiraz, Cabernet Sauvignon, Riesling and Gewurztraminer, dating from 1989.
1305 Beechworth-Wodonga Rd, Wooragee VIC 3747
Brokenwood are the largest producer of wine from the Beechworth Wine Region with grapes sourced from the Indigo Vineyard. Beechworth is the new "jewel in the crown" for Brokenwood.
401-427 McDonalds Rd, Pokolbin NSW 2320
ALL THE RIGHT REGIONS, FOR ALL THE RIGHT REASONS
Brokenwood was one of the first wineries to take bold new direction sourcing premium fruit from the best regions throughout Australia, to show true varietal and regional expression. For over 20 years, Brokenwood has worked with the team at Indigo Vineyard to produce beautiful fruit to create great wines. Chardonnay, Pinot Gris, Pinot Noir, Sangiovese, Tempranillo, Nebbiolo and Shiraz. Brokenwood winemakers base themselves in Beechworth for the vintage before taking the wine home to the Hunter Valley in NSW for maturation.
At an altitude of 500 metres five-and-a-half kilometres from town Castagna makes fine wine of terroir - is certified biodynamic and makes wine which is simply an expression of its place.
88 Ressom Ln, Beechworth VIC 3747
We situated at an altitude of 500 metres five-and-a-half kilometres from town. We make fine wine of terroir, which is certified biodynamic - our intention is to make, as simply as possible, natural wine which is an expression of the place where it is grown.
We make wines of terroir. Terroir is not only about soil but the whole eco-system which consists of light, heat, prevailing winds, slope of the land, length of the season and, most importantly, the organisms living and working in the soil - about a billion organisms per gram of soil. It is these micro-organisms which link the soil to the roots of the vine, strengthening and imprinting that particular soil's authentic character.
We crop at a little less than two tons per acre. Winemaking is very traditional using the vineyard's indigenous yeast, and that, combined with minimal interference, is the key to achieving vitality and complexity.
Our intention is to make, as simply as possible, natural wine which is an expression of the place where it is grown.
Domenica is a small producer of 100% estate grown and vinified wines. The mature vineyard and winery are situated on sloping granite soils just southwest of the Beechworth township.
Winery, 651 Beechworth-Wangaratta Rd, Beechworth VIC 3747
Domenica sits 460m above sea level atop the granite ridge sweeping away to the south west of Beechworth. The wines are vividly reflective of their origin, a gripping mineral texture encasing the mature vine vitality of the varietals chosen to express it.
Winemaking is traditional. Taste is more important than numbers. The yeasts comes from the site, not a packet. Pressings, solids and lees all play their part completing the picture. The wines are carefully maintained in oak bariques before being bottled unfiltered.
Eldorado Road
At Eldorado Road we make good wine at a profit if we can, at a loss if we must, but always good wine. Winery & Vineyard planted to Durif and Nero d'Avola located in the village of Eldorado.
44 Ford St, Beechworth VIC 3747
Eldorado is often used as a metaphor for the "Holy Grail" that one might spend one's life seeking. It could represent true love, heaven, happiness or success. It is used sometimes as a figure of speech to represent something much sought after that may never exist or at least may not ever be found.
Eldorado is located in the Beechworth foothills equidistant between Beechworth and Wangaratta. Our tiny home vineyards are located on Eldorado Road and only several kilometres from the quaint hamlet of Eldorado. The property was selected and purchased principally because it is located on a seam of free draining red decomposed granite loaded with granite buckshot, flanked by granite hills and fed by the gentle flowing Reedy Creek which weaves its way through our property on its journey to the Ovens River.
Book Ahead: No
Everton Hills Estate
Fighting Gully Road
Fighting Gully Road wines combine a unique expression of the vineyard site, its management; and the greater regional influences. The wines are made using minimal intervention.
203 Fighting Gully Rd, Beechworth VIC 3747
We make wines that are inspired by our site, our experience and our sense of curiosity.
Our passion is for Italian wines, with their savoury style and refined palate. We are inspired by the deep tradition and history of the Old wine world – and enlivened by the opportunity to experiment with these things in the new world.
We fell for Sangiovese in Tuscany in 1995, the wine that has it all; great acidity, colour, aromatics, not too tannic, perfectly suited to Italian cuisine. Once we realised the climatic and geographic similarities between northern Italy and our alpine home of Beechworth, we decided to set the bar for Sangiovese production in Australia.
Continuing improvement occurs each vintage, such as experimentation with wild and indigeous yeasts, alternative winemaking styles and barrel ageing.
Giaconda
Giaconda vineyard and winery was established by Rick Kinzbrunner, a mechanical engineer who became interested in wine during the 1970's.
30 McClay Rd, Everton Upper VIC 3678
Giaconda vineyard was established by Rick Kinzbrunner, a mechanical engineer who became interested in wine in the early 1970's. Rick then spent the next ten years working in the industry, travelling and following his passion for wine. After a brief stint in New Zealand, he studied at Davis University in California and worked at some of the most respected wineries in the Napa and Sonoma Valleys (namely Stag's Leap, Simi and Matanzas Creek). In Europe he worked for the Moueix group in Bordeaux, co-owner of the fabled Chateau Petrus.
After returning to Australia in 1980 to take up a position as assistant winemaker at Brown Brothers in Milawa, Rick purchased land in the nearby Beechworth wine region - at the foothills of the beautiful North-East Victorian Alps. Planting commenced in 1982 and the property is now devoted solely to Chardonnay, Pinot Noir and Shiraz. A separate planting of Nebbiolo has also been established close to the Beechworth township at Red Hill. Total area under vines at the Giaconda Estate Vineyard is now 4 hectares. Annual wine production is approximately 2,500 dozen bottles.
Rick's son Nathan Kinzbrunner works full time at Giaconda and has done so since the 2007 vintage. His responsibilities include Assistant Winemaker and General Business Manager. Nathan also owns and manages a single hectare planting of Nebbiolo located at 'Red Hill' in Beechworth which produces fruit made under the Giaconda label.
Glenbosch Wine Estate
At Glenbosch, it's all about sharing the experience of fine food, wine and crafted spirits. Exploring and amplifying all that nature has to offer in flavour.
We are a young family with big dreams and would love for you to come with us on our journey. With a passion for hospitality and the region we hope that visitors leave us with a few memories that will last a lifetime.
Our vision for the farm is to join the region in producing high quality product and service excellence for all to enjoy. We want to build something that will last for generations to come.
Come and enjoy some wine or gin tastings, book a table at our restaurant or even stay on the farm. North East Victoria landscape views comes standard with all the mentioned offerings, we promise.
Golden Ball
A monopole estate: Entirely Grown, Vinified and Bottled on the Property, producing "Cherish" Rose, "La Bas" Chardonnay, "Saxon" Shiraz and "Gallice" – Cabernet Sauvignon, Merlot and Malbec.
1175 Beechworth-Wangaratta Rd, Everton Upper VIC 3678
The Golden Ball is located in North East Victoria within the Geographical Wine Indication of the Beechworth Wine Region.
From an English land grant of 1857 Mr Isaac Phillips named the 1900 acres, Golden Ball after his favourite London hotel. Presently, now 53 acres, the property purchased in 1996 by James McLaurin. Consisting of the 1996 Original Vineyard and in 2005 the Lineage Vineyard.
Our philosophy of care to our land encompasses our vineyards as well as the remaining area of Golden Ball with tree planting and water care.
Wines produced are là-bas Chardonnay, bona-fide Savagnin CHERISH Rose, SAXON Shiraz and GALLICE (Cabernet Sauvignon, Merlot, Malbec).
Low yields result in intensely flavoured wines being taken up by Australia's greatest 1, 2 and 3 hatted restaurants and our private clients through our mailing list. Our wines are reviewed by wine critics of esteem both nationally and internationally.
Haldon Estate
Minutes from the centre of Beechworth, our tiny vineyard allows us to create exceptional wines characteristic of the Beechworth Wine Region.
59 Havelock Rd, Beechworth VIC 3747
Haldon's vineyard was established in 2010 and the vineyard is managed along organic principles to create beautiful wines without the use of herbicides. The soil here is perfect for wine growing. Some areas have rich red top soil as the vineyard is sited at the base of Beechworth's Red Hill. Haldon's vineyard sits on an outwash fan of coarse conglomerate, sand, silt and clay and is primarily red soil with some areas of yellow soil. All of which means ideal growing conditions for vines!
Haldon specialises in Chardonnay, Pinot Noir and Nebbiolo. Other varieties grown include Riesling, Cabernet
Indigo Vineyard
The Indigo cellar door is a "must visit" for wine lovers. Enjoy a relaxed sit-down tasting of benchmark Pinot Grigio, elegant Chardonnay, Pinot Noir, Shiraz and more. A generous and informative experience.
James and Co
James & Co. is a winery with a vineyard of "no fixed address". With clear vision and care, Ricky only selects the vineyards and small parcels of fruit that will create the wine blends he desires.
136 Main St, Rutherglen VIC 3685
Ricky and Georgie intended to buy land in Beechworth and establish a vineyard planted primarily to Sangiovese. They say, 'Serendipity led us to Mark Walpole, and we were given the chance to purchase fruit from his Fighting Gully Road Vineyard'. They have set up their home, winery and cellar door in Rutherglen and source fruit from a number of North Eastern Victorian Vineyards
Ricky and Georgie choose to surround themselves with a menagerie of friends, family and industry colleagues who share their love of wines, particularly the Italian styles, an abundant table and lively conversation.
Madman's Gully
Madman's Gully Wines produces a tiny quantity of wine from just one variety, syrah. All attention is given to producing a handcrafted wine which reflects the passion of the owner and the terroir of the site.
Grapes are produced from a 1 acre vineyard on a north facing slope at an elevation of 580m.
The vineyard was planted in 2009 to Syrah on a number of different rootstock using a very old French clone from the Grampians region.
The soil is a red clay loam, free draining but with good water holding capacity and straw mulch is laid undervine to increase organic matter levels.
Vines are trellised to arched cane to promote even budburst and ripening and are irrigated when required.
Grapes are usually hand harvested in the third week of March ripening to sugar levels between 13 - 13.5 baume.
Vines are low yielding, producing around 3.0 kg of grapes each resulting in an average of 2.1 ton/acre.
Pennyweight Winery
Pennyweight Winery has been crafting fine wine spanning four decades and three generations. Certified organic and biodynamic, the winery and cellar door is open 7 days a week and located in Beechworth, Victoria, Australia.
13 Pennyweight Ln, Beechworth VIC 3747
Pennyweight is a small traditional winery, owned and operated by the 4th and 5th generation Morris family winemakers. It comprises two certified organic / biodynamic, dry land vineyards situated in the Beechworth and Rutherglen wine regions, producing a range of solely estate grown table and fortified wines including apera (sherry).
Pennyweight Winery was established by Stephen Newton Morris in 1982. The name Morris as been synonymous with the wine industry for over 150 years.
Stephen's great grandfather George Francis Morris was a baker and general merchant in Camp Street Beechworth, Woolshed and Sebastopol Flat. By the age of 25, having made his fortune, he bought property at Brown's Plains Rutherglen, and in 1860, established the Morris name in the wine industry.
Stephen Newton Morris was the wine maker at the original Morris Vineyard, Fairfield Vineyard (at the time owned by his cousin Mrs. Melba Morris-Slamen) for 12 years. His Grandfather, Charles Hughes Morris, established Morris Wines at Mia Mia vineyard, Rutherglen at the turn of the century. Stephen's father, Frederick Hughes Morris was a partner in Morris Wines at Mia Mia until the winery was sold in 1969.
Pennyweight Winery is managed and operated by Stephen and his wife Elizabeth, as well as their son and wine maker Stephen MG Morris, his partner Danielle L'Huillier and their young children Louisa and Elliot Morris.
Our cellar door is located right on site at Pennyweight Winery in beautiful Beechworth.
Marc Scalzo and Lisa Hernan have been making their own wine since 2001. They manage and control the whole process, starting with growing all of the grapes on their own small vineyards.
852 Beechworth-Wangaratta Rd, Everton Upper VIC 3678
As traditional vignerons, Marc Scalzo and Lisa Hernan have set about planting Chardonnay and Shiraz vines on their picturesque Beechworth property. They are located on the highly sort after 'golden mile' amongst some of the region's most notable wine producers. They focus on making premium, estate grown single vineyard wines. Their wines have a strong sense of place. Rather than impose his own personality on the wines, Marc has always strived to let the vineyard tell its own story.
Savaterre
Nestled in the mountains of northeastern Victoria, just outside the picturesque town of Beechworth, lays the Savaterre vineyard.
929 Beechworth-Wangaratta Rd, Beechworth VIC 3747
The site was "discovered" in 1996 by Keppell Smith, owner and winemaker, after an expansive search through Australia's quality wine regions. The mild summer days, cool climate elevation combined with the rolling foothills of the Victorian Alps was the magic "terroir" combination sought by Keppell.
Intensely focused on the creation of outstanding, individualistic wines far removed from the mainstream, Keppell looks more to the wines, winemaking and viticulture of the Old World as his inspiration. Ranging from vineyard aspect through to the use of natural yeasts and the finest French barriques, he combines the art and the science of winemaking in his drive to produce the finest of wines.
The region itself is blessed with beautiful views, fantastic local produce, outstanding dining and of course the historic town of Beechworth. It has a growing wine presence and has recently been recognised as an independent wine region.
Sentio Wines
Sentiō Wines is a boutique winery in Beechworth focused on producing single vineyard wines which express site and place. Chardonnay is the main focus with 3 regions represented.
23 Priory Ln, Beechworth VIC 3747
Sentiō Wines is a boutique winery in Beechworth focused on producing single vineyard wines which express site and place. Chardonnay is the main focus with 3 regions represented. Consistent vinification techniques across the range create the greatest opportunity to explore the variations in site and region.
Serengale Vineyard
Serengale Vineyard is a small, specialised vineyard, established in 1999, with 8 hectares planted to chardonnay, shiraz, merlot and cabernet sauvignon.
Serengale Vineyard is a boutique winery established in 1999 nestled at the base of the Victorian Alps in the independent wine region of Beechworth. We grow Chardonnay, Pinot Gris, Cabernet Sauvignon, Merlot and Shiraz producing distinctive wines all from our carefully tended single vineyard.
Our strong belief is in the Beechworth region with fruit that can deliver full bodied yet elegant wines that are also great for cellaring and characteristic of the region. The moderating effects of the cool climate combined with unique granite soils and wet and cold winters, provide ideal growing conditions for wine grapes that are both elegant and robust.
With north facing and south facing slopes, ancient granite soils and a mild climate this is indeed the perfect site to produce high quality wines that illustrate the terroir. Serengale was recognised in the 2020 Halliday Wine Companion as a five star winery and one of the notable wineries in the Beechworth GI.
Sorrenberg
Sorrenberg (Est. 1984) has 4 hectares of Demeter certified biodynamic vineyard. Owned and operated by Barry and Jan Morey, they focus on producing quality, hand-made wines using sustainable farming methods.
49 Alma Rd, Beechworth VIC 3747
Sorrenberg has 4 hectares of certified biodynamic vineyard, which is owned by Barry and Jan Morey. They focus on producing quality, hand-made wines using sustainable farming methods with low production to ensure a high standard is maintained.
The sites were selected for viticulture because of the cool climate, favourable granitic soil, good drainage and the northern aspect. The vines at Sorrenberg are closely planted on a single fruiting wire with foliage wires, some blocks being dry grown, others use minimal irrigation. Sorrenberg has been certified Demeter by the Biodynamic Research Institute Powelltown since 2008.
The first vines were planted in 1984 and the first vintage was in 1989. The main varieties grown are Chardonnay, Sauvignon Blanc, Cabernet Sauvignon and Gamay with smaller quantities of Cabernet Franc, Merlot, Semillon and Pinot Noir, for the blends. The grapes are all processed at the vineyard, and traditional methods are used in the wine making process with fermentation being carried out in French Barriques.
Star Lane Winery
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51 Star Ln, Beechworth VIC 3747
The Ninth Mile
The Ninth Mile is a small family owned and run winery producing premium Pinot Noir and Riesling from its high altitude vineyards at Stanley and Beechworth.
28 Dingle Rd, Beechworth VIC 3747
The Ninth Mile is a family owned and operated boutique winery established in 2002. We have two vineyards located in the Beechworth wine region, one located just outside the township at 580m altitude, on what was once the vegetable garden of the Mayday Hills "lunatic asylum", and the other 10km from Beechworth in the small town of Stanley at 750m.
Traviarti
Our wine interest is more often than not peaked by structure. We make Nebbiolo the noble red grape of Italy together with Chardonnay, Beechworth's most renowned variety.
39 Elgin Rd, Beechworth VIC 3747
We aspire to wines that are moreish, complex, textured and balanced. At around 600m altitude on red decomposed shale and mudstone soils just above the Beechworth township our Red Hill vineyard is 100% Nebbiolo, planted to multiple clones on a combination of different rootstocks and own root material.
With just over 1,000 vines our vineyard is considered tiny although if you multiply 1,000 by every time you stop to look, prune or tend it quickly begins to appear quite large! Red Hill rises to the east behind Beechworth coincidentally also home to another Nebbiolo vineyard planted just weeks after ours. Two people thinking this is the spot for Nebbiolo feels like a good omen to us. We are aiming to create a vineyard intrinsically in balance ie the goldilocks vineyard with just the right amount of fruit to just the right amount of leaves and just the right amount of root system. So far so good. The balance of intense fruit, savoury tannin and bright acidity augurs well for the future.
Van Malsem
On the crest of a hill down Sugarloaf Lane in the Woolshed Valley, sits serenely and uninterrupted - the Van Malsem vineyard
132 Sugarloaf Lane, Woolshed Valley VIC 3747
Though Van Malsem don't operate from a cellar door or venue as of yet, the cork and wax finish on each bottle creates a unique unbottling experience for each individual. A small yet effective step beyond the humble "cap crack" to an indulgent and luxurious moment of North East Victorian quality wine.
In 2016 Fred and Julie's youngest son Simon entertained his keen interest in viticulture and took over the family vineyard. Having grown up in North East Victoria, Simon knows the land well and his love for a good drop complimented this venture beautifully. Four years down the track, Simon has built Van Malsem to be a well respected wine label heroing the North East.
Simon is a Father to two beautiful girls Winter & Poppy. As Van Malsem Wines grows older, so does his family. The label graphics feature small insights into Simons family, life and daughters.
Vinelea
Vinelea is an artisan scale winery that produces four wines, chardonnay, pinot noir, shiraz and a white hermitage blend. All are individual, opulent wines with characteristic Beechworth style and weight.
Vinelea is an artisan scale winery that produces very small quantities of four wines, with the style of each being influenced by classic French wine regions.
Our Shiraz is concentrated and full bodied with fine tannins, and offers scents of raspberry, blackberry, earth, spice, black cherry, bacon, olives and pepper. The Chardonnay is in the traditional full bodied Beechworth style, and displays good body and depth of lemon/lime fruit flavours that will mellow and become rounder and deeper with age.
The 'petit blanc', a blend of the classic Rhone varieties of Marsanne & Roussanne, is a white wine with superlative body and texture but still exhibits honey and pear flavours which intensify with age. The Pinot is a bolder style with excellent tannin weight, structure and body. Each wine is designed to be appealing in youth, as well as promising an exciting old age.
Nebbiolo is our sole focus at Virago, along with the promotion of Beechworth as a unique wine region.
5A Ford St, Beechworth VIC 3747
With the exception of our La Mistura wines, each Virago Nebbiolo vintage receives identical vinification at the winery in order to showcase the effect of our viticultural practices each year (and mother nature's influence!) Our La Mistura label is reserved for vintages in which our harvest required a bit of "mixing it up" in the winery.
First planted in 1945 by a local Italian vigneron, and then purchased and expanded by Brown Brothers in 1950, the site on which Virago Vineyard was established has a long viticultural history (in Australian terms!) Unfortunately, only the terracing remained from the original vineyards, so we re-planted two thousand Nebbiolo vines in 2007, a combination of five Lampia clones (MAT 5,7,8,9,10).
The one-hectare vineyard is situated on a moderately inclined, north-west facing slope at an altitude of 270 metres. The nebbiolo vines were planted by hand, and all pruning, trimming, fruit-thinning, soil tilling and picking was also done by hand each year to ensure a low yield of the highest quality fruit.
Vignerons Schmölzer and Brown
Vignerons Schmölzer & Brown is the wine and life partnership of Tessa Brown, winemaker and viticulturist & Jeremy Schmölzer, Architect.
39 Thorley Rd, Stanley VIC 3747
We make a range of wines from Beechworth, the King Valley, and occasionally the Alpine Valleys as we've been waiting for our own property to reach maturity. The Thorley wines are solely from our farm. The Brunnen vineyard is a tiny parcel of vines across the road from us owned by our neighbours, which we've been working with since 2014. The Obstgarten wines are from a high altitude Riesling vineyard in Whitlands, King Valley. Our Prêt-à-Blanc, Prêt-à-Rosé and Prêt-à-Rouge wines are all blends, assembled with an eye to easy drinking.
Every one of our wines is made with hand-picked fruit. The wines ferment with only indigenous yeast (the waxy stuff on the outside of the grape) and if the wines go through Malolacatic fermentation, then that is spontaneous. Where possible, we'd like the only addition made to our wines to be preserving sulphur dioxide. Once our own vineyard is old enough to be mechanically cultivated, we will undertake conversion to organic viticulture there.
We spend a lot more time in the field than in the cellar, so our winemaking practises are pretty simple. We don't fine, and only filter our white wines.
Warner Vineyard
Situated approximately 6km from Beechworth on the Wangaratta Road, Warner Vineyard enjoys one of the premium vineyard sites of the region.
651 Beechworth-Wangaratta Road Beechworth, VIC 3747
In 2012, the family members behind Warner Vineyard decided it was time to start releasing wine under our own label. This decision has been made to capitalise on the quality of the fruit as well as experience gained over a fairly long 'apprenticeship' supplying high quality grapes to a limited number of selected local winemakers.
Our premium wine range is labeled "The Rest" and as is outlined on the back label, they are named after one of the original gold rush pubs that existed on what is now the site of Warner Vineyard. Our aim is always to produce single varietal wines, however some years the grapes demand we blend them to produce the best possible wine. When we produce a blend, we simply label those wines as "Warner Vineyard".
Warner Vineyard enjoys excellent soils for growing premium wine grapes. Combined with attention to detail during all stages of grape growing.
Several years ago, Hugh and Raquel Jones upturned their professional lives in Melbourne on a quest. They were pursuing their dream to make quality wine from vine to bottle.
Three hours drive from Melbourne, on outskirts of Beechworth in north east Victoria, Hugh and Raquel found their perfect vineyard - and after much due diligence, turned the key to their forever home in 2016. Their first commercial offering of wine was from the 2017 vintage, and they established the 'Weathercraft' label. They craft high-quality, hand-made wines sustainably from vines grown with the utmost respect for nature and soil.
"I'd like to describe my wines as elegant and balanced, with true expression of place. When I'm on the vineyard mid-season, tasting the grapes, I want to capture that purity of fruit in every bottle. I put my heart and soul into growing the best fruit I can; I don't want un-do what nature has done – I want to honour that fruit."
— Raquel Jones, Winemaker at Weathercraft Wine.
Willem Kurt Wines
The focus at Willem Kurt is to make small volumes of exceptional Chardonnay, Shiraz and Vermentino. A boutique vineyard that utilises a 'less is more' approach to create individual and unique wine.
365 Buckland Gap Road, Beechworth, VIC 3747
With a career spanning more than 20 years, Daniel Balzer started making wine under the Willem Kurt label in 2012. Together with his wife Marije van Epenhuijsen, they found a special piece of land in 2017 and began planting a vineyard.
The vineyard is located approximately 3.5km south of the Beechworth township at an elevation of 600 metres above sea level. The soil consists of red loam and clay that is flecked with quartz, the result being an excellent environment that supports the production of exceptional cool climate grapes.
Daniel's wine making is very much a minimal input approach that is designed to celebrate the variety, the site, and the season in which it is grown. The aim is to create wines that are elegant with presence, balance and longevity. A philosophy that has been adopted over years of experience.
Proudly supported through funding from the State Government of Victoria.
© Copyright 2021, Beechworth Wine Region. All Rights Reserved.
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Nikolaos Chatzis, Georgios Smaragdakis, Anja Feldmann, and Walter Willinger.
ACM SIGCOMM Computer Communication Review, 45(1), January 2015.
"Peering at Peerings: On the Role of IXP Route Servers"
Philipp Richter, Georgios Smaragdakis, Anja Feldmann, Nikolaos Chatzis, Jan Boettger, and Walter Willinger.
"Back-Office Web Traffic on The Internet"
Enric Pujol, Philipp Richter, Balakrishnan Chandrasekaran, Georgios Smaragdakis, Anja Feldmann, Bruce Maggs, and Keung-Chi Ng.
"Inter-Domain Traffic Estimation for the Outsider"
Mario Sanchez, Fabian Bustamante, Balachander Krishnamurthy, Walter Willinger, Georgios Smaragdakis, and Jeffrey Erman.
IEEE/ACM Transactions on Networking, 22(3), June 2014.
"On the Benefits of Using a Large IXP as an Internet Vantage Point"
Nikolaos Chatzis, Georgios Smaragdakis, Jan Boettger, Thomas Krenc, and Anja Feldmann.
"Exploring EDNS-Client-Subnet Adopters in your Free Time"
Florian Streibelt, Jan Boettger, Nikolaos Chatzis, Georgios Smaragdakis, and Anja Feldmann.
"Delay-Tolerant Bulk Data Transfers on the Internet"
Nikolaos Laoutaris, Georgios Smaragdakis, Rade Stanojevic, Pablo Rodriguez, and Ravi Sundaram.
IEEE/ACM Transactions on Networking, 21(6), December 2013.
"There is More to IXPs than Meets the Eye"
ACM SIGCOMM Computer Communication Review, 43(5), October 2013.
"Collaboration Opportunities for Content Delivery and Network Infrastructures"
Benjamin Frank, Ingmar Poese, Georgios Smaragdakis, Anja Feldmann, Bruce M. Maggs, Steve Uhlig, Vinay Aggarwal, and Fabian Schneider.
ACM SIGCOMM ebook on Recent Advances in Networking, Volume 1, August 2013.
"Pushing CDN-ISP Collaboration to the Limit"
Benjamin Frank, Ingmar Poese, Yin Lin, Georgios Smaragdakis, Anja Feldmann, Bruce Maggs, Jannis Rake, Steve Uhlig, and Rick Weber.
ACM SIGCOMM Computer Communication Review, 43(3), July 2013.
Ingmar Poese, Benjamin Frank, Georgios Smaragdakis, Steve Uhlig, Anja Feldmann, and Bruce Maggs.
ACM SIGCOMM Computer Communication Review, 42(5), October 2012.
"Improving Content Delivery with PaDIS"
Ingmar Poese, Benjamin Frank, Bernhard Ager, Georgios Smaragdakis, Steve Uhlig, and Anja Feldmann.
"PaDIS Emulator: An Emulator to Evaluate CDN-ISP Collaboration"
Ingmar Poese, Benjamin Frank, Simon Knight, Niklas Semmler, and Georgios Smaragdakis.
ACM SIGCOMM 2012 Demo Session.
Benjamin Frank, Ingmar Poese, Georgios Smaragdakis, Steve Uhlig, and Anja Feldmann.
ACM SIGMETRICS 2012, extended abstract.
Bernhard Ager, Wolfgang Mühlbauer, Georgios Smaragdakis and Steve Uhlig.
"The Impact of Storage Capacity on End-to-End Delay in Time Varying Networks"
"Selfish Overlay Network Creation and Maintenance"
Georgios Smaragdakis, Nikolaos Laoutaris, Vassilis Lekakis, Azer Bestavros, John W. Byers, and Mema Roussopoulos.
IEEE/ACM Transactions on Networking, 19(6), 2011.
"Improving Content Delivery using Provider-aided Distance Information"
Ingmar Poese, Benjamin Frank, Bernhard Ager, Georgios Smaragdakis, and Anja Feldmann.
"Comparing DNS Resolvers in the Wild"
Bernhard Ager, Wolfgang Mühlbauer, Georgios Smaragdakis, and Steve Uhlig.
"Distributed Network Formation for n-way Broadcast Applications"
Georgios Smaragdakis, Nikolaos Laoutaris, Pietro Michiardi, Azer Bestavros, John W. Byers, and Mema Roussopoulos.
IEEE Transactions on Parallel and Distributed Systems, 21(10), 2010.
"Energy Trade-offs among Content Delivery Architectures"
Anja Feldmann, Andreas Gladisch, Mario Kind, Christoph Lange, Georgios Smaragdakis, and Fritz-Joachim Westphal.
"Spatio-Temporal Network Anomaly Detection by Assessing Deviations of Empirical Measures"
Ioannis Ch. Paschalidis and Georgios Smaragdakis.
"Delay Tolerant Bulk Data Transfers on the Internet"
Nikolaos Laoutaris, Georgios Smaragdakis, Pablo Rodriguez, and Ravi Sundaram.
"Overlay Network Creation and Maintenance with Selfish Users"
Ph.D. Dissertation, Boston University, 2008.
"EGOIST: Overlay Routing using Selfish Neighbor Selection"
Georgios Smaragdakis, Vassilis Lekakis, Nikolaos Laoutaris, Azer Bestavros, John W. Byers, and Mema Roussopoulos.
"Swarming on Optimized Graphs for n-way Broadcast"
"Implications of Selfish Neighbor Selection in Overlay Networks"
Nikolaos Laoutaris, Georgios Smaragdakis, Azer Bestavros and John W. Byers.
Nikolaos Laoutaris, Georgios Smaragdakis, Azer Bestavros, Ibrahim Matta, and Ioannis Stavrakakis.
IEEE Transactions on Parallel and Distributed Systems, 18(10), 2007.
Georgios Smaragdakis, Nikolaos Laoutaris, Azer Bestavros, Ibrahim Matta, and Ioannis Stavrakakis.
Nikolaos Laoutaris, Georgios Smaragdakis, Azer Bestavros, and Ioannis Stavrakakis.
Georgios Smaragdakis, Nikolaos Laoutaris, Ibrahim Matta, Azer Bestavros, and Ioannis Stavrakakis.
"A Large Deviations Approach to Statistical Traffic Anomaly Detection"
"The Effect of Router Buffer Size on HighSpeed TCP Performance"
Dhiman Barman, Georgios Smaragdakis, and Ibrahim Matta.
IEEE Globecom 2004 - Global Internet and Next Generation Networks.
Georgios Smaragdakis, Ibrahim Matta, and Azer Bestavros.
"TCP Performance over UMTS Network"
Diploma Thesis, Technical University of Crete, 2002.


text:
title:  Samo Pismo
date:   25/04/2020
---

>

> "Uistinu je živa i djelotvorna riječ Božja. Ona je oštrija od svakoga dvosjeklog mača i prodire do rastavljanja duše i duha, zglobova i moždina i može suditi nakane i misli srca." (Hebrejima 4,12)

### Biblijski tekstovi
1 Korinćanima 4,1-6; Titu 1,9; 2. Timoteju 1,13; Marko 12,10.26; Luka 24,27.44.45; Izaija 8,20.

Protestantsko geslo "samo Pismo" (sola Scriptura) uzdiglo je Bibliju kao jedino mjerilo i odlučujući izvor teologije. Za razliku od rimokatoličke teologije koja ističe Pismo i predaju, protestantizam naglašava ključnu riječ "samo" — to jest samo Pismo kao krajnji autoritet u pitanjima vjere i nauka.

Biblija je dala odlučujuću snagu i autoritet protestantskoj reformaciji u pobuni protiv Rima i zabluda koje je on stoljećima zastupao. Nasuprot alegorijskom tumačenju Pisma, prema kojem su biblijskom tekstu pripisivana mnoga različita značenja, protestantski reformatori naglašavali su važnost gramatičko-povijesnog tumačenja Biblije koje je ozbiljno shvaćalo gramatiku i doslovno značenje biblijskog teksta.

Ovog ćemo tjedna pobliže razmotriti lozinku sola Scriptura. Saznat ćemo da sola Scriptura podrazumijeva neka osnovna načela biblijskog tumačenja koja su nužna za ispravno razumijevanje Božje riječi. Kao protestanti moramo sačuvati Bibliju kao vrhovni autoritet u pitanju nauka.

*OIKOS: Ovog tjedna čitamo iz knjige Ellen G. White,Velika borba, Znaci vremena, 2010., poglavlje 34*

redpajama_set_name: RedPajamaGithub


This is the page of currency pairs, Macedonian Denar(MKD) convert to Yemeni Rial(YER). Below shows the current exchange rate of the currency pairs updated every 1 minutes and their exchange rates history graph. Do you want to INVERT the two currencies? Visit Yemeni Rial(YER) to Macedonian Denar(MKD).


Democratic Socialists of America Fund (DSA Fund) endeavors to demonstrate how an awareness of social democratic and democratic socialist values and policies would strengthen the quality of policy debates in the U.S. The Fund also works to introduce young activists to the history and traditions of democratic socialism.
The Grassroots Economics Training for Understanding and Power is a series of DSA Fund popular education workshops arming activists and organizers with the knowledge, tools and skills to explain economics from the perspective of the 99% instead of the 1%. Why is poverty on the rise? Why is a low-wage economy unproductive? Who is behind the deregulation, tax-cuts, privatization and de-unionization of the last thirty years? What might an alternative economic model look like?
A three year project of the DSA Fund, marking the 50th anniversaries of Michael Harrington's The Other America, the March on Washington for Jobs and Freedom, and the War on Poverty. The project goal is to counteract widespread public misunderstanding regarding both poverty's cause and possible solutions, in order to promote broader class awareness and strengthen the social commitment to eliminating poverty in the United States.
A 501(c)(3) fund devoted to education and outreach about Democratic Socialism.
DSA was concerned to find out that the company that provides our website and online organizing infrastructure, NationBuilder, had as a client the Trump campaign and other right-wing candidates. Progressives built this kind of infrastructure and tools for digital organizing and we have now lost that organizing edge. We are moving to identify other options for a CMS/CRM. As an under-resourced, member funded organization, this move will take time for us to carry out, but it is an important statement for us to make.


from a garage, to a little yellow house, to TWO brick & mortar stores - all on one street - we've come a long ways over the years.
now, our stores are located smack dab in the heart of downtown Pella, Iowa where we live the best of both - farmhouse & modern - worlds. come see us!


To make reservations, you can contact Parker's RV Park by mail, phone, fax, or e-mail.
Date of arrival and how many nights you'll be staying with us.
Type of your RV (motorhome, travel trailer, 5th wheel, pickup camper, tent trailer).
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Whether or not you need a pull-through site.


Assign your project to a different experienced writer in order to satisfy you and to execute your order successfully.
Or provide a complete refund to you.
If you notice that you were charged twice and you received two receipts from the payment processing system, do not hesitate to contact us. Forward both receipts to our email and the extra payment will be refunded in full as soon as possible. .
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NOTE: If you fail to notify us before communicating to a third party, it will be considered as a breach of contract.


text:
Q: How to distinguish HTMLElement from its constructor.prototype? I'm working on my LIPS project (Scheme-based Lisp in JavaScript) and I want to add a way to add string representation to any object. The code look like this:

NOTE: you can ignore scheme code. At the end there is simplified use case, this is only for context and why I need this.

(add-repr! HTMLElement (lambda (x)
                           (let ((tag (--> x.tagName (toLowerCase))))
                             (string-append "<" tag ">" x.innerHTML "</" tag ">"))))

it works fine when I evaluate:
(document.createElement "span")
;; or
(document.querySelector ".klas")

but it have problem while evaluating the code:
(let ((div (document.createElement "div")))
  (. div 'constructor 'prototype))

and my interpreter thinks that this is instance of HTMLElement, the JavaScript code look like this:
var repr = new Map();
// values in map are lisp lambdas that are JavaScript functions
// keys are constructor functions
...
            var fn;
            if (repr.has(constructor)) {
                fn = repr.get(constructor);
            } else {
                repr.forEach(function(value, key) {
                    if (obj instanceof key) {
                        fn = value;
                    }
                });
            }
            if (fn) {
                if (typeof fn === 'function') {
                    return fn(obj, quote);
                } else {
                    throw new Error('toString: Invalid repr value');
                }
            }

I check if obj is instanceof given type (HTMLElement from add-repr!) and it return true for prototype.
And throw exception that x.tagName is not defined because it's not instance but prototype.
To simplify the code (I've added scheme code for context) this is the code:
 document.createElement('div').constructor.prototype instanceof HTMLElement;

it return true because prototype was Object.create(HTMLElement). Is there a way to detect if the value is in fact a prototype of any value without have that original value.
var x = document.createElement('div').constructor.prototype;
// context is lost I can't access original value
// check if x is instanceof HTMLElement, but also it's constructed value and not prototype of any value.

and if you think that you can check if there is constructor value, this circular object:
document.createElement('div').constructor.prototype.constructor.prototype.constructor

to sum this question up I want to detect if value is any of but not both:
document.createElement('div')
document.createElement('div').constructor.prototype

My idea that just came to my mind while I was writing this was this:
var x = document.createElement('div').constructor.prototype;
if (x instanceof HTMLElement && x !== x.constructor.prototype) {
    // real instance
}

is this correct approach? I was also looking at Object.getPrototypeOf but it just return HTMLElement object (the one I'm testing). I need this to work for any nested prototype chain, because it's programming construct and user may use anything.

A: For detecting whether something is a prototype object, irrespective of HTMLElement, I would suggest doing
hasOwnProperty(x, "constructor") &&
  typeof x.constructor == "function" &&
  x.constructor.prototype == x

The context of the expression the user is trying to evaluate doesn't matter, they might as well try printing (. HTMLElement 'prototype) directly.
Separately, I would suggest not tying the "representation" function for instances to its constructor through a Map. Your add-repr! should just create a .repr() method on the prototype of the class, using Symbol("lips-repr()") as the property key.

redpajama_set_name: RedPajamaStackExchange


text:
The Basement Doctor
Receive press releases from The Basement Doctor: By Email RSS Feeds:
Basement Doctor Introduces New Radio Show to Columbus & Central Ohio
Columbus, OH, September 16, 2012 --(PR.com)-- Ron Greenbaum, The Basement Doctor proudly introduces a new radio show for Central Ohio beginning Sunday, October 7th. The 30-minute show will air each Sunday on WMNI Radio (920AM) from 11:30am-12:00pm. The show, Beyond the Basement will encompass Ron's experiences and adventures from the last 25 years in his role as The Basement Doctor.
"I've been fortunate over these last 25 years to meet so many people and experience some unique adventures. I'm really looking forward to sharing these stories with Central Ohio—some are hilarious, some are heart-warming…but all of them come from the people who have supported us all these years—our customers. We try never to forget that."
Greenbaum is arguably one of the most recognizable business leaders in Central Ohio, known for his expert knowledge in the home improvement industry. His interaction with thousands of customers, frequent media appearances and community and charity involvement over the years has provided Ron with some amazing experiences, not to mention his earlier adventures as a gourmet chef and a rock n' roll promoter.
He has supported charity organizations such as the Capitol Area Humane Society, the Stefanie Spielman Fund for Breast Cancer Research, Honor Flight Columbus and Mid-Ohio Food Bank, to name just a few. Pat Clemens, Marketing Director for The Basement Doctor shares, "I've been here over 15 years, and I'm so proud of our community involvement. Ron has appeared at hundreds of events. People recognize him everywhere, and some of them even come up to him and start singing our jingle. I think WMNI's listeners will really enjoy some of his stories and guests."
Beyond the Basement will feature three distinct segments during the half hour program. It begins with Ron's Chronicles, an account of his personal and business stories from everyday life. His debut radio show will feature the '20 Things I Believe', a list of values and ideals which have been the foundation of The Basement Doctor's business success. The middle segment will feature a special guest each week. Finally, the show will conclude with listener questions and comments from the mail bag, social media interaction—or live calls.
About The Basement Doctor:
The Basement Doctor is a home improvement company specializing in foundation repair, basement waterproofing, crawl space vapor barriers, mold prevention and clean up, drainage solutions, bathrooms and basement finishing. Their headquarters are in Reynoldsburg, Ohio. The Basement Doctor has serviced over 75,000 homeowners spanning 25 years as an industry leader, and is focused on creating drier, cleaner, healthier, more energy efficient homes. More information is available at www.MyBasementDoctor.com
Eric Shepard
www.MyBasementDoctor.com
Click here to view the list of recent Press Releases from The Basement Doctor


They come from the equatorial regions. They are used for the manufacture of fabrics, cosmetics and, above all, medicines for chronic pain, thanks to their high concentration of THC.
Originating in India and the Himalayas, these seeds are used to treat rheumatism, tremor-related diseases such as Parkinson's, anxiety, depression or even Schizophrenia, due to the strong presence of CBD .
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They are of most interest to us, as they adapt to closed environments like our apartment, quite simply! Moreover, we do not have to expose them all the time to the sun.
Cannabis created male and female plants. Of these two plants, females are those that produce better cannabis. Feminized seeds are those that give 100% of female plants.
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They offer us an easy, efficient harvest that is adapted to our environment.


text:
Home Disc and Stream Chadwick-Trained, Dvořák-Inspired, Price Rises Again
Chadwick-Trained, Dvořák-Inspired, Price Rises Again
Paul Robinson
The music of Florence B. Price is enjoying renewed interest. She was a prolific composer, born in Little Rock, Ark., and active professionally in Chicago in the mid-20th century. (Photo, University of Arkansas Libraries Special Collections)
Florence Beatrice Price: Symphonies Nos. 1 and 4. Fort Smith Symphony/John Jeter. Naxos 8.559827. Total Time: 69:04.
DIGITAL REVIEW – It was in 1932 that Frederick Stock and the Chicago Symphony gave the premiere of Florence Beatrice Price's Symphony No. 1, the first time a major American orchestra had played a piece written by an African-American woman. Price (1887-1953) was born in Little Rock, Ark., but moved to Chicago in 1927. Most of her music is all but unknown today, but this new recording should go far in making amends.
The Naxos CD is the first recording of Price's Fourth Symphony.
The family had enough money to send Florence to the New England Conservatory, where she majored in piano and organ. Among her teachers was George Whitefield Chadwick. After graduation she returned to Arkansas where she made a living as a music teacher.
Florence Price married the attorney Thomas J. Price in 1912 and they had two daughters. It appeared that Price was destined to live out her life in Little Rock as a homemaker and part-time music teacher. That all changed with an increase in racial conflict during the 1920s. Florence was refused admission to the all-white Arkansas Music Teacher's Association and found herself unemployed. The family decided to try to improve its prospects by moving to Chicago in 1927, where Price took further musical studies and soon found herself involved in the city's vibrant musical life. She found teaching work, and G. Schirmer and McKinley published some of her songs and piano pieces. Under the pseudonym Vee Jay she even managed to publish some popular songs and make some good money doing it.
Price's Symphony No. 1 was premiered in 1933. (Chicago Symphony Archives)
Price wrote over 300 compositions, and some of them were widely performed. Marian Anderson and Leontyne Price became interested in her music and often sang some of her arrangements of spirituals. More recently baritone Thomas Hampson recorded some of her songs (Cedille 90000180). Her orchestral music, while still not widely known, has been played by some major conductors including Barbirolli and Goossens.
Price's Symphony No. 1 was premiered June 15, 1933, during Chicago's Century of Progress Exposition. It was part of a concert titled "The Negro in Music" and also included works by Harry T. Burleigh, Roland Hayes, Samuel Coleridge-Taylor and John Alden Carpenter.
The Symphony No. 1 is the better piece on this CD, with a striking recurring brass chorale forming the basis of the slow movement and a lively scherzo titled "Juba Dance" based on a dance form which can be traced back to the slave era on Southern plantations. The music is basically conservative for its time – no indication Price was influenced by Schoenberg, Stravinsky, or Copland, or even Debussy.
But the "Juba Dance" does feature a slide whistle, an instrument occasionally used in popular music or jazz at the time, but rarely in classical music. For the record, Ravel and Hindemith used the instrument for its novelty effect. While the style of the symphony owes something to Dvořák and Chadwick, Price clearly has something to say that is unique and memorable.
Price's Symphony No. 1 was previously recorded on the Albany label.
This is not the first recording of Florence Price's Symphony No. 1. That honor goes to Leslie B. Dunner and the New Black Music Repertory Ensemble who recorded the piece in 2011 (Albany Records TROY 1295). While that recording is quite good, the new one is better. The Fort Smith Symphony has a larger string section, and under John Jeter it plays with verve and intensity.
The Symphony No. 4 of 1945 was never published and often seems labored rather than inspired. But like the Symphony No. 1 it has a "Juba Dance" movement. There is no slide whistle this time around, but the rhythms are infectious. As far as is known, Price composed four symphonies, but apart from a few bars the Symphony No. 2 has not survived.
While Price was trained in a predominantly white musical world, she was acutely conscious of her race and its rich musical heritage. Like other black composers, she was inspired by the counsel of Dvorák, who came to America in 1892 to head up the National Conservatory in New York. Dvořák soon realized that American composers wrote music that was essentially imitation European; they seemed unaware there was plenty of home-grown music that could provide raw material for a distinctively American music. Dvořák famously didn't mince words:
"The future of this country must be founded upon what are called Negro melodies. This must be the real foundation of any serious and original school of composition developed in the United States."
Dvořák spoke these words at a time when segregation was a fact of life and there was little respect for the African-American cultural heritage. He showed the way himself with his New World Symphony, which does indeed draw on indigenous sources. Price and others got the message, eagerly embracing the slave songs and spirituals they knew so well from their ancestors and their churches.
Fort Smith is a town of only 88,000 people on the border between Arkansas and Oklahoma, but it has a first-class regional per service orchestra. The Fort Smith Symphony plays brilliantly under its long-time music director John Jeter and the recording quality is excellent.
Riccardo Muti, the present music director of the Chicago Symphony, has taken a recent interest in the music of Florence Price, and has programmed her Symphony No. 3 for concerts April 24-26, 2020. The work was commissioned by the WPA's Federal Music Project during the Great Depression in the 1930s. A recording was made in 2001 by the Women's Philharmonic under Apo Hsu (Koch International Classics 7518), but a new CSO/Muti version would be most welcome.
Also of special note on this website: John Lambert drew our attention to the music of Florence Price on the occasion of the performance of her rediscovered piano concerto in North Carolina.
Paul E. Robinson is a Canadian conductor and broadcaster and the author of four books on conductors. He writes regularly about music for www.ludwig-van.com (formerly musicaltoronto.org) and www.myscena.org.
Florence Beatrice Price Symphony No. 1
Forth Smith Symphony
John Jeter
Previous articleNew Met 'Wozzeck:' Nightmare Descent Into Stark Madness
Next articleDiving Into Opera, Jessie Montgomery Gains A Foothold
Paul E. Robinson is a regular contributor to the Canadian music magazine La Scena Musicale (www.myscena.org). He is the author of four books on conductors, former music director of CJRT-FM in Toronto and former conductor of the CJRT Orchestra and the Toronto Philharmonic.
Big Box Of Orpheus CDs Chronicles An Ensemble Sans Leader, Sans Need
Elgar's Violin Concerto Twice: The Long And Far From Short Of It


This is the second outing for this four-piece from Brazil, their first self-titled album from the late 80s still being a vinyl-only release. Their neo-progressive sound and dramatic styling have rightly earned them the reputation as the Brazilian Marillion (a cover version of "Lavender" on their first album may have something to do with it too). Within the confines of the neo-progressive realm they have produced an album's worth of compositions with fresh originality and renewed fire. Musicianship is of a high caliber, as a band they are tight and don't fall into many of the usual traps — for the first half of the album at least. While this overall style has been worked to death in the last ten years, one wonders if there is any territory within it that hasn't already been covered. Apocalypse proves that there is still plenty of room left to explore. But the problems begin at around the forty minute mark, when all that was good about this album starts to rapidly deteriorate. Parts of "Corta" are nothing more than a blatant ripoff of "He Knows You Know" with some minor variances. The boom-bash neo-drumming becomes unbearable in "Limites de Vento" — a slower, Bowie-like ballad, and some of the ideas on "Lagrimas" are straight rips from Misplaced Childhood. If the last thirty minutes offered as much promise as the first thirty, this might have been a fairly decent album. Unfortunately the band had to go and pad it all out with a bunch of substandard hokum. Makes a convincing argument for keeping CDs short and to the point.


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