If you are looking for space to reflect or to meet with others, then why not try Shepherds Dene?
Shepherds Dene is an excellent venue for a conference, away day, meeting or seminar. Alternatively, if you are simply in need of a day or a few days just to get away from it all, then come and feel the tension evaporate in the calmness of the house and grounds.
The house is an Edwardian country house, built in the Arts and Crafts style, and set in 26 acres of grounds. The estate was given to the Church of England in 1945 to be used as a retreat house and is within easy of reach of Newcastle, Durham and Carlisle. It is a spiritual place for peace and quiet and sometimes for fun and celebration as well.
Shepherds Dene serves the Dioceses of Durham and Newcastle as diocesan retreat house. It provides a space to think, a chance to grow and to walk more closely with God. We welcome guests of all denominations and faiths – and those without a faith.
After five years and four months leading the Edwardian 'Arts and Crafts' retreat house, Shepherds Dene in the Tyne Valley, Warden/Director, Jane Easterby, will be leaving to move on to pastures new at the end of April.
Jane, who has been training for ordination with Lindisfarne College of Theology over the last two years, will be moving to Stockton-on-Tees to take up the role of Spiritual Care Chaplain at the University Hospital of North Tees and will serve her curacy in Durham Diocese. Jane's ordination as Deacon will take place on Sunday 30thJune at Durham Cathedral at 10am.
Jane has overseen a period of significant growth at Shepherds Dene, at a time when many retreat houses have succumbed to financial pressures and have been forced to close. Despite this achievement, such a valuable local resource which serves the spiritual needs of visitors from all over the country, remains a local charity in need of continuing support in these difficult times.
Jane's last day at Shepherds Dene will be Tuesday 30thApril.
Follow the link to find out more about this retreat.
Thank you to the All Churches Trust and the Newcastle-Upon-Tyne Church of England Institute Trust for their kind donations towards the refurbishment of the lift at Shepherds Dene.
Many thanks to all who came along to support our midsummer fundraising afternoon on 29th June. We raised a wonderful £950 towards the carpet and lift funds. Thanks particularly to members of Antiphon, who generously came along to sing a wonderful selection of songs during the afternoon. If you would like to make a donation towards our work at Shepherds Dene, you can do so by contacting us at info@shepherdsdene.co.uk .
Many congratulations to Revd. Mark Wroe, who will shortly take up the appointment of Archdeacon of Northumberland. As Archdeacon, Mark will join the Board of Trustees of Shepherds Dene and we look forward very much to welcoming him.
We are very pleased to announce that the trustees have approved a project to upgrade and refurbish the lift at Shepherds Dene. The refurbishment should be carried out before Easter and will provide guests and staff with a more reliable and pleasurable journey between floors! Thanks to the All Churches Trust and the Newcastle-Upon-Tyne Church of England Institute Trust for their kind donations towards the refurbishment project.
Warden, Jane Easterby, will complete her two years of ministerial training in June this year and will be ordained at St. Nicholas' Cathedral, Newcastle-Upon-Tyne at 11am on Saturday 29th June.
Click here to see a preview of our exciting 2019 programme.
The printed programme will be available from Monday 15th October.


Flick J has ruled that Pfizer did not breach antitrust rules by trying to maintain sales of Lipitor after it came off patent.
it offered a 5% discount to those pharmacies it supplied + a 5% "rebate" credited to an accrual fund. The "rebate" was repayable to the pharmacy if it committed to buy from Pfizer a specified proportion of its anticipated generic atorvastatin needs after the patent expired – the amount of "rebate" repaid would vary according to the proportion of generic needs committed to and the time frame for the commitment. For example, the pharmacy would receive 100% if it committed to taking 75% of its anticipated needs for 12 months. but only 50% if it committed to taking 75% for only 6 months.
Pfizer also made a bundled offer – it could offer to supply both Lipitor and its generic product "atorvastatin Pfizer".
section47 of the CCA which prohibits exclusive dealing that has the purpose or effect of substantially lessening competition in a market.
Flick J has dismissed the ACCC's action.
His Honour found that the relevant market was the market for the supply to community pharmacies in Australia of atorvastatin as the ACCC contended. Pfizer argued the market was the market for the wholesale supply of pharmaceutical products and over the counter products to community pharmacies.
His Honour also found that Pfizer had a substantial degree of power in that market until late 2011 and had taken advantage of that power by implementing its scheme. Pfizer did not have a substantial degree of power in the market from January 2012 on wards.
Before January 2012, Pfizer was the only supplier of atorvastatin and the constraints on the price it could charge imposed by the PBS was "not sufficient to render its market power anything other than "substantial"." Flick J recognised that there was no precise date which could be identified as the point where Pfizer's market power ceased to be substantial. By late 2011, however, that power was no longer "enduring" as the expiry date of the patent loomed closer. By February 2012, Ranbaxy was able to enter the market offering its generic atorvastatin for sale and the other intending generic suppliers had registered their products on the Therapeutic Goods Register and were starting sales discussions with potential customers.
Flick J found Pfizer took advantage of its power to impose the direct sales to pharmacies model because the pharmacies were opposed to it, but Pfizer was able to impose it on them as the only possible source of atorvastatin. Similarly, the rebate scheme took advantage of that power because it created an expection of payments in the future on terms that were unclear and yet to be decided. Flick J found that the amount of money accumulated within the rebate scheme by the time the patent expired was very substantial – $35 million – a powerful incentive to buy product from Pfizer. One might wonder, however, why the position would have been any different if the terms on which the rebate could be claimed had been clear.
Even in the period before January 2012 when it had a substantial degree of power in the market, however, there was no contravention of 2 46 because it did not take advantage of its market power for a proscribed anti-competitive purpose.
Pfizer also did not contravene s 47 because in implementing the scheme it did not have the purpose of substantially lessening competition.
But my question, Mr Latham, was directed to Lipitor and generic atorvastatin, not some dream of establishing a generics business? — But once again you're asking me to make a decision on – on one product, when I have seven products, over $1 billion, coming off patent. And it's not just Pfizer Australia. It's around the world. And to try to get the best business organisation that's going to deliver continuing operations through those generic products, plus, they have these additional benefits of being closer to pharmacy. Going through the licensee doesn't tick that important box.
The requirement to take 75% of the pharmacies needs to qualify for the "rebate" also did not have an anti-competitive purpose. Rather, Flick J found that the requirement had been reduced from 100% to 75% – sacrificing $30 million in potential revenue – to enable the pharmacy to establish a second source of supply.
Section 51(3) exempts from s 47 conditions in, amongst other things, licences of patent to the extent they relate to the invention to which the patent relates or articles made according to the invention.
Although its operation did not fall to be determined because there was no contravention of s 47, Flick J would have found it did not apply in this case. His Honour considered that the sale of atorvastatin to the pharmacies would not involve any licence. More importantly, his Honour would have held that the condition was collateral to the patent and so outside the scope of the exemption.
In the event, Pfizer went from selling 100% of the prescribed atorvastatin (as Lipitor) in March 2012, to 32% of prescription in April and settling around 22 – 23% by June 2012. While Pfizer antiticpated marketing advantages in being the only supplier likely to supply generic atorvastatin in pills the same shape, size and colour as Lipitor, the evidence showed it held 100% of the generic market until September 2012, after which its share fell away to 16 – 17% by March/April 2013.
PBS figures for the year to June 2012 showed Lipitor was the highest cost to the scheme ($593 million) followed by rosuvastatin ($359 million) and ranibizumab ($308 million). ?
Pfizer and Ranbaxy had settled other litigation on terms which enabled Ranbaxy to enter the market before the patent expired. ?
apparently following Parliamentary Secretary Karen Andrews' announcement.
The … Consultation Paper outlines 22 proposals to align and simplify our IP processes, support small business and make some technical fixes relating to the regulation of IP attorneys.
The first 10 proposals apply across the board (as it were) to patents, trade marks, designs and PBR and relate to matters such as aligning renewals re-examination/revocation, extensions of time, writing and filing requirements.
There are 3 further proposals affecting patents: third party requests for examination, colour drawings and extensions of term – notices to the department of health.
The 14th proposal relates to the acceptance timeframe for trade mark applications.
15 and 16 affect the registration of designs and multiple copies of representations.
There are 6 proposals "supporting small business" including unjustified threats of infringement and trade marks and shelf companies.
And 2 "technical fixes" relating to publishing the personal information of "IP attorneys" and prosecuting "IP attorney" offences.
There are some 84 pages in the paper. So this post is not going to do the paper anything approximating "justice".
– Make all extensions of time non-discretionary.
The IP legislation would be amended so that certificates would not be required to be issued for examination, registration and grant. Also, the patents and trade marks Acts would be amended to no longer provide that a certificate signed by the Commissioner or Registrar is prima facie evidence of a matter. Instead, the Acts would provide that any document approved by the Commissioner or Registrar (or similar wording) would constitute prima facie evidence of a matter. This would enable IP Australia to continue to provide documents for such purposes, without requiring them to be signed certificates. Signed copies or extracts of the Registers would continue to be admissible in proceedings as if they were the original Register, and therefore prima facie evidence of the particulars on them.
Unjustified threats: this would see removal of the defence under s 129(5) of the Trade Marks Act of bringing infringement proceedings reasonably timely (which is not currently a defence for patent or designs threats), providing the remedy for PBR and introducing a power to award additional damages in respect of blatant and unjustified threats against another party.
Trade marks and shelf companies: this proposal would see amendment of s 27 so that it would not be necessary to incorporate the company that is intended to use the trade mark, but purchase of a shelf company would suffice.
The renewals proposal would see a grace period of 6 months introduced for renewing PBR and provision that all IPR could be infringed during the grace period if subsequently renewed.
In coming up with those proposals, IP Australia has used a costing framework and developed detailed costings which are set out in the "costings" paper. We are being invited to comment on those too.
If you are feeling excited, you should get your submissions in to IP Australia by 7 April 2015.
According to a media release by Maurice Blackburn, the High Court has granted Ms D'Arcy special leave to appeal the decision that Myriad's BRCA patent for isolated genes is patentable subject matter, as a manner of manufacture, in Australia.
At first instance, Nicholas J upheld the patentable subject matter of the patent. His Honour's decision was affirmed by a Full Bench of the Federal Court.
The transcript of the special leave application is not yet up.
Lid dips: Phillips Ormonde Fitzpatrick and Dr Summerfield.
D'Arcy v Myriad Genetics Inc.
The law firm representing Ms D'Arcy the appellant. The High Court's summary (pdf) of Results of Special Leave applications confirms the grant. ?


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Home | News | Uyghur
Five Uyghur Professors from Xinjiang University Held in Political 'Re-education Camps'
Abdukerim Rahman (L) and Arslan Abdulla (R) in undated photos.
At least five ethnic Uyghur professors from one of the top universities in northwest China's Xinjiang Uyghur Autonomous Region (XUAR) are being held in political "re-education camps," according to one of their former colleagues and an official with the school who confirmed their detentions.
Qutluq Almas, a former lecturer at Xinjiang University in the XUAR capital Urumqi living in exile in the U.S., recently posted a message on social media saying sources inside the region had confirmed to him that literature professors Abdukerim Rahman, Rahile Dawut, Azat Sultan and Gheyretjan Osman were detained in January, while former language professor Arslan Abdulla was arrested later.
"According to credible information I have received, [Rahman] is currently held in a so-called 're-education camp,'" Almas said of the academic, who is in his 80s.
"I don't know what his situation is at the moment."
Dawut, Sultan and Osman were taken to camps as well, he added, although he did not provide information on when they were arrested.
Abdulla, in his 70s, "was taken to one of the camps seven or eight months ago," the former professor said.
Established in 1924, Xinjiang University currently has an undergraduate enrolment of more than 20,000 students, and counts among its alumni president of the Munich-based World Uyghur Congress exile group Dolkun Isa.
Beginning in April 2017, Uyghurs accused of harboring "strong religious views" and "politically incorrect" ideas have been jailed or detained in political "re-education camps" throughout the XUAR, where members of the ethnic group have long complained of pervasive discrimination, religious repression, and cultural suppression under Chinese rule.
Sources, including Almas, have told RFA's Uyghur Service that at least 56 Uyghur lecturers and researchers from Xinjiang University are currently held in re-education camps, but the new information marks the first time any of their identities could be verified.
In order to confirm the former lecturer's claims, RFA contacted Xinjiang University, and an employee there directed inquiries about the five professors to the University's General Supervision Office, also known as the "Headquarters."
A staffer at the Headquarters told RFA that she had "no information regarding their cases" and that "nothing about them has been disclosed yet."
She was unable to provide information about whether the professors are being held together, or whether it was university's Disciplinary Department or Police Department that handled their cases.
When asked why the professors were detained, the staffer said that the accusations against them "are all the same, but I don't know the reasons for their arrests."
She refused to disclose who had replaced the professors, or whether their cases were being treated as "state security" matters.
Uyghur educators
Last week, U.S. State Department spokesperson Heather Nauert said the US government was "deeply troubled" by the crackdown on Uyghurs in Xinjiang, adding that "credible reports indicate that individuals sent by Chinese authorities to detention centers since April 2017 numbers at least in the hundreds of thousands, and possibly millions."
The official warned that "indiscriminate and disproportionate controls on ethnic minorities' expressions of their cultural and religious identities have the potential to incite radicalization and recruitment to violence."
A group of U.S. lawmakers, in a recent letter, asked President Donald Trump's administration to "swiftly act" to sanction Chinese government officials and entities complicit in or directing the "ongoing human rights crisis" in Xinjiang.
The position of China's central government authorities has evolved from denying that large numbers of Uyghurs have been incarcerated in camps to disputing that the facilities are political re-education camps. Beijing now describes the camps as educational centers.
Adrian Zenz, a lecturer in social research methods at the Germany-based European School of Culture and Theology, has said some 1.1 million people are or have been detained in the re-education camps, which equates to 10 to11 percent of the adult Muslim population of the region.
Uyghur educators are kept under strict monitoring in the XUAR and can face stiff punishment for not adhering to Beijing's narrative about how China's central government's policies are benefitting the region and its ethnic minorities.
In September 2014, a court sentenced outspoken economics professor Ilham Tohti, who regularly highlighted the religious and cultural persecution of the mostly Muslim Uyghur ethnic minority in the XUAR, to a life term behind bars on charges of promoting separatism.
The court decision cited Tohti's criticism of Beijing's ethnic policies, his interviews with overseas media outlets, and his work founding and running the Chinese-language website Uighurbiz.net, which was shut down by Chinese authorities in 2014.
But rights groups say that instead of urging the separation of the XUAR—the Uyghur people's historic homeland—from China, Tohti had called only for China to implement its own regional autonomy laws and had consistently promoted peace and dialogue between the Han Chinese and Uyghur communities, and have demanded his release.
Reported by Shohret Hoshur for RFA's Uyghur Service. Translated by RFA's Uyghur Service. Written in English by Joshua Lipes.
China Marginalizing Language in Bid to 'Eradicate the Ethnic Identity' of Uyghurs: UHRP
China Now Has an Elite League of 'Red' Universities
China's Rights Activists Face Torture, Detention, 'Disappearance': Report
Elderly Tibetans Go Back to School to Learn to Read and Write
Academic Freedom Watchdog Demands China Unconditionally Release Prominent Uyghur Scholar
PART III: Interview: 'We tell them that they would be banned from seeing their family again.'
Xinjiang Authorities Jail Prominent Uyghur Television Host
Exile Leaders Slam China Claims of 'Vocational Training' For Detained Uyghurs in Xinjiang
Xinjiang Authorities Detain Prominent Uyghur Journalist in Political 'Re-Education Camp'
Prominent Uyghur Publisher Arrested, Under Investigation

redpajama_set_name: RedPajamaCommonCrawl


The VFR1200 Rear Stand was developed by Pit Bull with the assistance of American Honda to lift from the center stand mount location on VFR1200's that do not have a center stand. The stand comes complete with the appropriate pin. Call or use our live chat to reach us with any questions you may have.


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Home » Europe » Women are being forced to exchange sex for water
Women are being forced to exchange sex for water
A Kenyan woman I recently spoke to told me that when she got to a water collection station, the owner suddenly hiked the price.
When the woman said she didn't have the money, he suggested she 'pay in kind with sex'. To make sure her family didn't die of thirst, she was left with no choice.
Sadly, this is not an isolated incident.
As Kenya experiences its worst drought in 40 years, mothers are telling us they are exchanging sex for as little as one jerry can of water to keep their children alive. It doesn't have to be this way.
In recent months, I was working with ActionAid Kenya's Humanitarian Response Team, distributing emergency water, food and rations to families on the brink of survival. The drought in Eastern Africa has left 37million people facing acute hunger, according to the World Health Organization (WHO).
There has been almost no rain for two years and four consecutive seasons of poor harvest. Livestock and crops have perished and the war in Ukraine has caused global food and fuel prices to soar, leaving some families to survive on as little as one meal a day.
Aid agencies like mine are struggling to raise the funds needed to stop this drought turning into a full-blown famine. Governments are unable to cope.
The average person in Kenya needs up to 100 litres of water a day for drinking, cooking, sustaining livestock, washing, and cleaning clothes and dishes, according to the WHO. But water sources in Kenya are drying up, and queues for those remaining are long.
Women I have met told me that the average distance to get water is now five to seven kilometres, taking a staggering two and a half hours.
Some water sources can be up to 14 kilometres away, rendering them completely inaccessible to mothers caring for young children, the elderly, those living with disability and the sick. Local boda-boda drivers (motorbike taxis) are using this to sexually exploit women and more so school-going girls, offering jerry cans of water in exchange for sexual favours.
It is often young women with children or elderly family members at home to care for, resorting to these measures. To try to prevent this, some girls have told us they now leave their homes to walk early in the morning in groups to reduce the chances of being raped when going to collect the water.
A mother I met recently said that this was the worst drought she had experienced in her lifetime. Her farm had dried up, she had been priced out of staple food, her family had gone from eating three meals a day to one, and her children are emaciated.
This is a common story for hundreds of thousands of mothers across Kenya.
In the face of life-threatening hunger, their options are limited. The reality for families whose livestock have died or had to be sold is that there are few opportunities to earn a living in the height of drought.
We have heard about transactional sex for water happening in two rural counties in Kenya, but we fear this is the tip of the iceberg.
Sadly, my organisation has seen this before – sex for fish, maize, grades. Where resources are scarce, it is always women and girls who bear the brunt.
Because of the stigma around exchanging sex for water, women are too afraid or ashamed to talk about it. Add to this the significant risks of having unprotected sex, including unplanned pregnancy and sexually transmitted infections, as well as urinary tract infection caused by lack of clean water supply.
It can also lead to family breakdown or gender-based violence at home. Women have told us their husbands would kick them out or beat them if they found out.
ActionAid is working hard to prevent this from happening and to provide support to the women affected. We are working to ensure existing water structures are fully functional and taking water to people with trucks, with the aim of providing at least one public source of water in each village.
We are also working with local organisations and the Kenyan government to set up programmes for women to help them earn their own income and provide safe drinking water through borehole drilling for communities who currently get theirs from unsafe sources.
Our women's networks work with law enforcement agencies, hospitals, and other institutions so we can make referrals and provide support to women, including counselling where needed. We create safe spaces for women and set up groups, so women understand they are not alone.
But our efforts will be in vain if governments don't step up and do what is needed to put a stop to this crisis once and for all.
World leaders must provide urgent financial assistance to help people in desperate need of food and water. This includes more direct funding to local and national organisations led by women and young people at the forefront of the crisis.
A large part of the economy in the area is livestock-based. There needs to be a swift increase in government support of livestock infrastructure, water points, dip tanks and slaughter pads and effective methods to quickly destock before their economic value falls to zero.
Critically, the women, girls and young people affected by this crisis must be at the forefront of the decisions concerning the delivery of aid.
It's clear to me, from all I've seen here, that women play pivotal roles in supporting families and the community during food and water crises, so they must be central to decision-making in the response.
Sex for water is not a choice.
It's a coping mechanism no-one should ever have to resort to – but it is now the last one that women in Kenya and other East African countries are left with in order to support their families and keep their children alive.
We must help them find another way.
To support ActionAid's work in East Africa or find out more information, visit their website here.
Do you have a story you'd like to share? Get in touch by emailing [email protected]
Share your views in the comments below.
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We're posting up notes from the Sohn Canada Investment Conference 2015 (Capitalize For Kids.) Next up is Dan Zwirn from Arena Investors.
Be sure to check out the rest of the presentations from Capitalize For Kids Conference.


Oedema is swelling caused by excess fluid trapped in your body's tissues. Although oedema can affect any part of your body, it's most commonly noticed in your hands, arms, feet, ankles and legs. Oedema Massage could assist in reducing swelling and fluid retention.


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1956 Topps #135 Mickey Mantle Gray Back PSA 8.5 NM/MT+
Every so often, a prospect comes along that is so highly-touted that it's virtually impossible to live up to the hype. And when they don't, we accuse them of "not reaching their potential" while giving little thought to the idea that maybe, just maybe, it was us who built them a pedestal that was simply out of reach. It started off that way for Mickey Mantle. Already anointed as the next legend to carry the torch held by Ruth, Gehrig, and DiMaggio before he played his first game (in front of a crowd that was larger than the entire population of his hometown), Mantle's shoulders buckled under the weight of such lofty expectations. But he fought back, and in time, embraced the role of leading the Yankees dynasty for yet another generation. It was 1956 when Mickey Mantle led the Yankees to another world championship with an MVP winning Triple Crown performance that Mantle not only earned his place beside the other Yankees icons but accomplished a feat that none of his predecessors could match. While not the most valuable card of the Mickey Mantle library, the 1956 issue of "The Commerce Comet" is certainly one of the most popular, partly because of that amazing Triple Crown campaign also because it's just so darn attractive! Providing plenty of bold colors and a fantastic overall central image of the Yankees legend, the 1956 Topps example of "The Mick" marks his triumphant return to the Topps family after a brief stint exclusively with Bowman. This card has been graded NM/MT+ 8.5 by PSA. The bright pigments are further accentuated by a glistening application of original factory gloss, and even the slate gray reverse with its full spectrum of pigments stands up to the advanced grade. A mild rough cut lines the bottom and right horizontal edges, while the red and yellow nameplates further add to the pack-fresh appearance. A very worthwhile investment for any collector looking to add a key piece to their collection.


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Ohio's economic outlook is brighter than the nation as a whole, National Center for the Middle Market says
Updated Jan 11, 2019; Posted May 16, 2016
By Janet H. Cho, The Plain Dealer
2105 4th of July fireworks, downtown Cleveland, Ohio
The Downtown Cleveland skyline as seen from the Lake Erie waterfront in this Plain Dealer photo. Ohio's economic outlook is sunnier than the nation as a whole, with executives from the state's middle market companies reporting that their companies are making more money and hiring more workers than the rest of their peers, and that they are more confident in the local and national economy, according to the National Center for the Middle Market.
(Chuck Crow, The Plain Dealer)
CLEVELAND, Ohio - Ohio is preparing to enter the spotlight of the Republican National Convention with an economic outlook that's sunnier than the rest of the nation as a whole.
Ohio executives say their companies are making more money and hiring more workers than the rest of their peers, and that they are more confident in the local and national economy, according to the National Center for the Middle Market, based in Columbus.
The NCMM, housed at The Ohio State University's Fisher College of Business, is the leading source of research about middle market businesses, nearly 200,000 predominantly privately held companies with annual revenues between $10 million and $1 billion. They are smaller than the Fortune 500 companies, but too large to be considered small businesses, and if they were their own country, they would make up the the world's fifth largest economy.
Its latest quarterly report, based on extensive first-quarter 2016 surveys of more than 1,000 middle market executives, found that Ohio is outpacing the nation in several key areas, including:
-- Revenues: Ohio companies' revenues grew 10.9 percent during the past 12 months, nearly double the 6.3 percent growth reported by the nation as a whole.
Not only that, but Ohio executives say they expect revenues to increase by 9.2 percent during the next 12 months, versus only 4.6 percent expected by their peer executives across the nation.
-- Employment: Ohio companies expanded their employment by 6.4 percent over the past year, and expect to increase by another 5.1 percent over the next year.
Nationwide, middle market executives say their employment grew by 3.6 percent last year, and that they expect to increase employment by only 2.7 percent in the coming year.
-- Confidence in the economy: Ohio middle market executives are considerably more confident in the global, national and local economies, with 71 percent saying they are confident in the global economy, versus only 51 percent among executives as a whole.
Eighty-eight percent of executives are confident in the national economy, compared with 73 percent among executives in the rest of the nation. And 95 percent of Ohio executives expressed confidence in the local economy, compared with only 80 percent of their national peers.
As a result, 64 percent of Ohio executives say they expect to invest in capital projects over the next year.
"Ohio's middle market is outperforming the nation basically across the board," said Thomas A. Stewart, executive director for the National Center for the Middle Market, sharing some of what he told the Downtown Cleveland Alliance last week. "If you wanted to pick a place to invest in the industrial Midwest, Ohio would seem to have the least negatives and the most positives."
For one thing, the State of Ohio has a balanced economy that isn't overly dependent on a single industry, such as Texas is on oil, for example, he said. The middle market includes: manufacturing (23 percent), wholesale trade (12 percent), retail (11 percent), healthcare (10 percent), construction (7 percent), professional services (6 percent), finance and insurance (5 percent), and transportation and warehousing (3 percent).
Ohio's middle market is comprised of nearly 5,400 businesses that together generate more than $225 billion in annual revenue and employ 28 percent of the state's workforce.
Surprisingly, despite Cleveland's extensive preparations to welcome more than 50,000 visitors for the Republican National Convention this July, middle market CEOs aren't especially worried about the outcome of the U.S. presidential election.
Of much greater concern, occupying four of the top five concerns, is international unrest, such as the uncertainties posed by China as a source of competition and as a market for consumer goods.
"Most middle market executives think that if the U.S. economy is going to hit a roadblock, it'll be something international," Stewart said.
He noted that the survey was conducted in the first half of March, when U.S. Sen. Marco Rubio, U.S. Sen. Ted Cruz, and Gov. John Kasich were all still candidates for the Republican nomination.
In general, "people give too much credit -- or blame -- to politics in business," Stewart said.
Other highlights from the National Center for the Middle Market's national report:
"For the first quarter of 2016, year-over-year revenue growth is up in the middle market and employment growth remains stable, representing the end and possible reversal of the downward trajectory in growth rates that defined the middle market in 2015. While middle market revenue and employment both grew last year, consistently outpacing the growth of larger businesses, the rate of that growth declined steadily over the course of 2015."
"The short-term business outlook, based on anticipated business climate, forecasted demand, and expected sales, is better than at any other time during the past year," the center reported. "Almost half (46 percent) of middle market businesses, and especially small firms, expect sales to increase, and fewer firms expect an increase in costs in the next three months. Most companies foresee the size of the workforce holding steady."
"Looking further into the future, companies, and especially smaller middle market businesses, forecast a significant increase in the rate of year-over-year revenue growth. The construction, financial services, and healthcare sectors are particularly optimistic about future growth."
Follow @janetcho


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What Starts the Prairie Fire? An Analysis of Marketplace Lending in China: The Status and Driving Forces
Shenglin Ben, Dan Luo and Jiamin Lv
The Journal of Alternative Investments December 2017, 20 (3) 95-110; DOI: https://doi.org/10.3905/jai.2018.20.3.095
Effect of Private Equity on Performance of Indian
Companies: A Comparative Study of Pre- and
Post-Financial Crisis
Raj S. Dhankar and Kunjana Malik
The Journal of Alternative Investments September 2016, 19 (2) 19-27; DOI: https://doi.org/10.3905/jai.2016.19.2.019
Frontier Equity Markets: Risk Parity Lessons for Asset Allocation
Jorge A. Chan-Lau
The Journal of Alternative Investments March 2014, 16 (4) 28-36; DOI: https://doi.org/10.3905/jai.2014.16.4.028
Dynamic Linkages and Volatility Transmission from
Global Equity Markets to Frontier Equity Markets of
Akash Dania and Ramin Maysami
The Journal of Wealth Management April 2017, 20 (1) 62-82; DOI: https://doi.org/10.3905/jwm.2017.20.1.062
Frontier Equity Markets: A Primer on the Next Generation of Emerging Markets
Clifford Quisenberry and Benjamin Griffith
The Journal of Wealth Management October 2010, 13 (3) 50-58; DOI: https://doi.org/10.3905/jwm.2010.13.3.050
Revamping Liquidity Measures: Improving Investability in Emerging and Frontier Market Indices and Their Related ETFs
Andrew Clark
The Journal of Index Investing November 2011, 2 (3) 37-43; DOI: https://doi.org/10.3905/jii.2011.2.3.037
Frontier Market Investing: Active Versus Passive
Larry Speidell
The Journal of Investing November 2016, 25 (4) 20-26; DOI: https://doi.org/10.3905/joi.2016.25.4.020
Macro-Investment Risks in Emerging and Frontier Markets
Michael J. Howell
The Journal of Investing February 2015, 24 (1) 109-123; DOI: https://doi.org/10.3905/joi.2015.24.1.109
Country Size and Country Momentum Effects in Emerging and Frontier Markets
Tianchuan Li and Mahesh Pritamani
Frontier Markets: Punching Below Their Weight?
A Risk Parity Perspective on Asset Allocation
The Journal of Investing August 2012, 21 (3) 140-149; DOI: https://doi.org/10.3905/joi.2012.21.3.140


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Florida Criminal Attorney Blog
Published By Whittel & Melton, LLC
Articles Posted in Conspiracy
Published on: April 24, 2019
Former Postal Worker Sentenced for Distributing Marijuana
by Whittel & Melton, LLC
A former U.S. postal worker was sentenced to 120 days in federal prison for conspiracy to distribute marijuana.
The 45-year-old was also ordered to serve a three-year term of supervised release following his imprisonment, the Department of Justice said Tuesday.
According to court documents, the former U.S. Postal carrier provided addresses along his delivery route to co-conspirators who arranged to have packages containing marijuana shipped from Oregon to those addresses.
When the packages arrived and were placed in the man's control, he would scan the packages as delivered to the addresses, and then turn them over to his co-conspirators for further distribution of the marijuana.
He pleaded guilty to the charge on January 11.
Drug conspiracy and distribution charges are quite serious criminal matters that could lead to jail or prison time in addition to other life-changing consequences. If you or someone you love has been charged or is being investigated for conspiracy or distribution of drugs, it is essential to obtain strong legal representation as soon as possible. Our Florida Drug Crimes Defense Attorneys at Whittel & Melton also urge those accused to refrain from speaking to law enforcement officers about the case until you have secured legal counsel.
Generally speaking, a conspiracy charge means that the prosecution is trying to hold you responsible for the criminal actions of someone else. These charges can erupt from allegedly planning or agreeing to sell an illegal substance. Because no actual crime has to occur to be charged, these cases can be built with very weak evidence.
Our Florida Drug Crimes Defense Attorneys at Whittel & Melton are former prosecutors who are very familiar with the State's tricks when pursuing drug conspiracy cases. While every situation is different, we can evaluate your case and develop the best defense with the greatest chance of success.
Posted in: Conspiracy, Criminal, Drug Crimes and Drug Sale or Distribution
Updated: April 24, 2019 8:52 am
Felicity Huffman, Lori Loughlin and Dozens More Charged in College Entrance Exam Scandal
Actresses Felicity Huffman and Lori Loughlin are among 50 charged in a nationwide college entrance exam scandal, according to court documents filed Tuesday in Boston.
Several NCAA D-1 college coaches, company CEOs and one college administrator have also been implicated in the scandal utilizing 200 FBI agents, dubbed "Operation Varsity Blues."
Documents show those indicted allegedly paid millions in bribes to get their children into elite colleges. Those colleges include Yale, Stanford and the University of Southern California.
Arrest warrants have been issued. Thirteen of the accused were taken into custody Tuesday morning in the Los Angeles area, including Huffman, according to reports.
As of Tuesday night, Loughlin was still not in custody.
Feds are basing the case on interviews with witnesses, bank records, flight records, emails, cell site data and wiretaps. The charges were authorized by a grand jury.
The scheme, in some instances, involved parents paying the founder of a college prep business in California, to have someone take the SAT or ACT for their children, according to authorities. Prosecutors alleged that the man also paid around $25 million in bribes to coaches and administrators to pretend client's children were athletic recruits, thereby guaranteeing admission. The man pleaded guilty in Boston federal court around 12:30 p.m. Tuesday to charges including racketeering conspiracy and obstruction of justice, according to reports.
Loughlin and her husband, Mossimo Giannulli, are accused of paying $500,000 to USC, through the man's operation, in exchange for having their two daughters designated as recruits to the college's crew team — even though they did not participate in crew — thereby guaranteeing their admission in the college, according to documents. The couple faces charges of conspiracy to commit mail fraud and honest services mail fraud.
Huffman and her spouse, William H. Macy, are accused of disguising a $15,000 charitable payment in the bribery scheme. The charging papers refer to Macy as "spouse." He hasn't been indicted. She also faces the charges of conspiracy to commit mail fraud and honest services mail fraud.
According to charging documents, a "confidential witness" met with Huffman at her home and explained that he "controlled" a SAT testing center and could arrange for someone to proctor the taking of the test and then correct her daughter's answers afterward. Huffman is said to have later exchanged emails with this individual in an effort to get 100 percent extra time for her daughter and to facilitate the taking of the SATs away from her school.
Huffman's daughter is said to have taken the test in December 2017 and received a 1420 on the test, a 400 point improvement from a previous test. Last October, Huffman discussed repeating this for her youngest daughter in a taped conversation that evidently the FBI has obtained. However, Huffman did not go through with the cheating for her youngest daughter, according to court papers.
Also included in the documents on Tuesday, and charged with conspiracy to commit mail and wire fraud, is TPG's Bill McGlashan, Hollywood investor and co-founder of STX.
The founder of a college prep business in California has agreed to plead guilty to racketeering, money laundering and obstruction of justice (after alerting several subjects of the investigation of the government probe), according to court papers, and has been cooperating since September 2018 in a bid for leniency.
In all, 50 people around the country were charged in the alleged cheating and recruitment scam.
It will certainly be interesting to see how this case unfolds. Cheating scandals are not something necessarily new, but has definitely grown in popularity within the last decade.
Mail fraud embodies a wide variety of crimes and can extend into other types of fraud as well. Any act of fraud that involves the mail is mail fraud. Many mail fraud charges are accompanied by conspiracy charges.
If you have been accused of mail fraud, you must enlist the help of a criminal defense attorney that has experience handling these complex cases. Our Florida Criminal Defense Attorneys at Whittel & Melton have the experience and knowledge needed to intervene early and overcome these charges quickly. Even if you have not been charged and are simply under investigation, our early involvement could result in charges not being filed at all. If charges are filed, we will fight aggressively to overcome them. If you have already been charged, we will conduct a thorough investigation, attack all evidence against you, and establish a strong defense to protect your innocence.
Posted in: Conspiracy, Criminal, White Collar Crime and Wire Fraud
Updated: March 14, 2019 7:31 am
South Florida Contractor Pleads Guilty to Stealing Government Money from Low Income Housing Projects
An affordable housing contractor accused of stealing millions of dollars in kickbacks to four Miami-based developers pleaded guilty Thursday to stealing federal government subsidies intended to help the poor.
The 57-year-old owner of a South Florida based construction company, faces between two and three years in prison at his sentencing this fall after reaching a plea deal on a theft conspiracy charge with the U.S. attorney's office.
The man was charged with paying about $6.2 million in kickbacks to various founders and CEOs of different housing groups.
According to records filed in Miami federal court, they all allegedly cut a "side agreement" to inflate the construction costs of low-income apartment projects in Miami-Dade County to qualify for bigger government subsidies and then pocketed the "excess" profits.
The man accused allegedly made $1.3 million off the illicit scheme, according to prosecutors.
This man is the second builder to plead guilty in the alleged fraud conspiracy.
Last month, a 63-year-old founder of another construction company pleaded guilty to the same theft conspiracy charge, stemming from paying more than $1 million in kickbacks to other groups, according to records.
Federal conspiracy charges are nothing to joke about. When the federal government has invested the time, money and resources into indicting you on a federal charge, it is guaranteed that they will pursue your case in court quite aggressively. A charge like conspiracy carries significant sentencing and long-term consequences, so it is important that you seek the best legal representation so that your case can be handled accordingly.
Posted in: Conspiracy, Criminal, Miami-Dade County and Theft
Broward County Federal Criminal Defense Lawyer :: Fired BSO Cops Arrested, Facing Federal Charges for Alleged Involvement with Ponzi Schemer Scott Rothstein
Two fired Broward Sheriff's deputies surrendered at the federal courthouse Monday where they faced charges alleging they abused their power as law enforcement agents in order to assist Ponzi schemer Scott Rothstein and his allies.
Prosecutors filed federal conspiracy charges against a former 48-year-old lieutenant from Boca Raton and a former 47-year-old detective from Weston on Friday. They were fired from their positions shortly after their arrests.
Prosecutors claim the former lieutenant accepted $185,000 worth of cash, gifts and other perks from Rothstein. They claim the man sent the former detective "to do his dirty work on the street."
Posted in: Broward County, Conspiracy, Criminal Traffic, Federal Crime, Palm Beach County and White Collar Crime
Published on: April 7, 2014
Miami-Dade County Federal Criminal Lawyer :: South Florida Pill Mill Doctors Sentenced to Prison by U.S. Federal Judge
On Friday, a federal judge sentenced a south Florida doctor to more than six years in prison for her involvement in writing prescriptions for thousands of painkillers to addicts and drug dealers.
She was convicted of money laundering.
In July of 2013 a jury acquitted the 43-year-old woman and a 74-year-old man on charges that their roles in a chain of South Florida pain clinics led to the deaths of nine patients. They both faced up to life in prison and $2 million in fines.
The doctors and their defense team fought to prove that they were unaware of the conspiracy and were practicing medicine in line with state standards, which allow licensed physicians to dispense opioid pain pills without fear of punishment.
However, the jury convicted the pair of money laundering for their role in the "pill mill" scheme.
A U.S. District Judge sentenced the female doctor to 78 months in prison, while the man received 18 months. Both must also pay $10,000 in fines.
The woman's lawyer says they plan to appeal the conviction.
The two doctors' trial ended a four-year operation that targeted a slew of South Florida pain clinics that resulted in racketeering charges against 32 people in 2010.
The clinics owner is currently serving more than 17 years in prison and his brother and co-owner is serving more than 15. Both brothers testified on the government's behalf.
At one point in time Florida had 90 of the top 100 oxycodone-purchasing physicians in the nation and 53 of the top 100 oxycodone-purchasing pharmacies.
The majority of these pills were pushed up the East Coast and sold at high markups in rural communities reaching from northern Alabama to western Pennsylvania. Interstate 95 was actually nicknamed Oxy Alley by dealers who frequently drove hundreds of miles to South Florida to buy cheap pain pills.
Florida law enforcement has been trying hard to crack down on the epidemic of prescription drug abuse within recent years. However, the restriction on painkillers has led to more heroin abuse.
Deaths from heroin rose 89 percent in Florida, from 62 in 2011 to 117 in 2012, according to a report by the National Institute on Drug Abuse. According to reports, the heroin problem in south Florida has reached epidemic proportions.
Money laundering is a very serious federal crime that entails taking unlawfully obtained money and working to incorporate it so it appears to come from a lawful source. In general, money laundering involves a string of various financial transactions and multiple bank accounts. Today's technology only makes these cases that much more complex, oftentimes complicating paper trails and making many Internet transactions harder to trace.
Posted in: Conspiracy, Criminal, Drug Crimes, Drug Trafficking, Federal Crime, Miami-Dade County and Money Laundering
Updated: April 7, 2014 4:57 pm
Clay & Duval County Criminal Defense Lawyer :: Middleburg Woman Accused of Offering a Detective 5K to Kill her Daughter-In-Law
A 70-year-old Middleburg woman has been arrested for allegedly attempting to hire an undercover detective to kill her daughter-in-law.
According to the Jacksonville Sheriff's Office, she told the detective that he could take the expensive jewelry from her body when the job was done.
The sheriff's office claims the woman offered the detective $5,000 to kill her daughter-in-law when she met with him at a Home Depot in Jacksonville on Wednesday.
She is accused of giving the detective $500 as the first payment as well as a photo of the woman, her address, and car description. She allegedly gave him another $1,000 when they met again on Thursday.
According to the sheriff's office, the woman told the detective that her daughter-in-law wore expensive jewelry and could take the jewelry from her body once the job was complete. Police claim the woman told the detective that the diamonds could be removed and sold without a trace and that he could use that money towards the final payment.
The woman allegedly told the detective that she would take care of things if he could not.
The woman was placed under arrest and immediately requested an attorney after she was read her Miranda rights, the sheriff's office said. It is unknown at this time whether or not she has secured representation.
The woman is currently being held in the Duval County Jail without bond on charges of criminal solicitation and criminal conspiracy, both first-degree felonies. She is scheduled to appear in court on Oct. 31.
Criminal charges of solicitation and conspiracy can involve a variety of different crimes and it should be noted that these offenses carry very significant penalties. If you or someone close to you has been arrested for a criminal offense in Middleburg, Orange Park, Green Cove Springs, Keystone Heights or the surrounding area, you should speak with a Clay County Criminal Defense Lawyer at Whittel & Melton as soon as possible to learn about how you can protect your rights and the possible defenses that may be available to you.
Posted in: Clay County, Conspiracy, Criminal and Duval County
Boca Raton lawyer receives 3-year sentence for obstruction, money laundering and witness tampering relating to Rothstein Ponzi scheme
Add another attorney to the collateral damage of Scott Rothstein's $1.4 billion Ponzi scheme.
The Sun Sentinel is reporting that a Palm Beach County lawyer and former counsel to Kim Rothstein received a three-year prison sentence for plotting to help her conceal more than $1 million in jewelry she hid from federal authorities, as they seized her husband's assets.
Charged conspiring to commit money laundering, obstruct justice and witness tampering, Rothstein's attorney faced a maximum penalty of five years in prison.
After pleading guilty to these charges in January, the Boca Raton attorney was disbarred. His 36-month imprisonment will be followed by two years of supervised release. As part of his plea deal, the attorney agreed to forfeit $515,000 to federal authorities — including compensation he received for legal fees from Kim Rothstein, as well as four expensive pens and jeweled cuff links.
According to reports, the attorney's lapse in judgment was a result of viewing Rothstein as a friend and not as a client. When pleading to the judge for a minimal sentence for her client, his attorney stated that "he saw this woman drowning and he tried to help her…she was losing everything in the world through no fault of her own. … He handled this horribly, and what he did was absolutely wrong."
Posted in: Asset Forfeiture, Conspiracy, Criminal, Federal Crime, Fraud, Palm Beach County and White Collar Crime
Published on: February 6, 2012
Florida Prescription Drug Trafficking Attorneys Whittel & Melton :: Seminole County Physician Sentenced to 25 Years for Distributing Large Amounts of Prescription Pills
A 46-year-old Tallahassee doctor was sentenced to 25 years in prison Friday for his involvement in a prescription pill trafficking operation.
The man was also ordered to pay a $500,000 fine and investigative and prosecutorial costs.
According to the Florida Office of the Attorney General, the illegal operation was to blame for disbursing large quantities of prescription drugs throughout western Florida.
The physician apparently pled guilty to conspiring to traffic in 28 grams or more of oxycodone in October 2011. He was prosecuted by the Attorney General's Office of Statewide Prosecution.
The Osceola County Investigative Bureau, the Sarasota County Sheriff's Office, the Sarasota Police Department and the Florida Department of Law Enforcement claim they began investigating the doctor in 2010. Their alleged investigation revealed the doctor was selling prescriptions for large amounts of oxycodone to a group of associates who would fill the prescriptions and then disburse the pills on the streets of Sarasota.
One of the doctor's co-defendants was sentenced to 25 years in state prison for his role in the operation and another co-defendant is awaiting sentencing.
Drug trafficking in the State of Florida describes the sale, delivery, possession or manufacturing of illegal drugs and controlled substances over a certain weight or amount. The consequences associated with a drug trafficking charge can vary from a minimum of three years to a maximum of a life sentence in prison, depending on the type of drug and the quantity. Sentences are established by the weight value of the total pills in question. At minimum, a trafficking charge of oxycodone is a three year mandatory prison sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.
In many drug trafficking cases in Florida, the State will seek conspiracy charges to be filed in addition to trafficking charges in order to obtain convictions not only for trafficking pills, but an agreement to traffic drugs. The conspiracy to traffic drugs can be difficult to understand because most drug charges require for the prosecution to prove that the accused was in possession of the drugs in question at some point. However, a conspiracy to traffic drugs charge can be proven solely by establishing that an agreement existed to carry out a drug-related criminal act. In fact, the act does not have to even be completed to be convicted of conspiracy.
The Florida Prescription Drug Trafficking Attorneys at Whittel & Melton can thoroughly review the facts of your case and explore all possible defenses to combat the charges against you. We will review any evidence and police reports to consider the following:
•	Did law enforcement play a role in initiating your participation in the conspiracy?
•	Did the conspiracy solely entail verbal agreements, or were there acts in furtherance of the conspiracy?
•	Was the agreement terminated or dismissed before an arrest was made?
•	Were wiretaps involved, and if so were they legal?
•	Was the warrant obtained legal?
Posted in: Conspiracy, Drug Crimes, Drug Trafficking, Leon County, Osceola County, Sarasota County and Seminole County
Updated: February 6, 2012 8:10 am
Published on: November 23, 2011
Federal Mail Fraud Defense Attorneys Whittel & Melton :: Ex-Gainesville Man Sentenced to 20 Years in Connection with Multi-Million Dollar Ponzi Scheme
A former Florida resident was sentenced to the maximum sentence of 20 years in federal prison on Thursday for mail fraud in connection with a $30 million Ponzi scheme.
His original charges also included wire fraud and conspiracy, crimes that often get charged in conjunction with mail fraud cases.
The case was investigated by the U.S. Postal Inspection Service, the Florida Department of Law Enforcement, the Florida Office of Financial Regulation, the Florida Attorney General's Office and prosecuted by the U.S. Attorney's Office.
The 48-year-old man was ordered to surrender $29.9 million, numerous computers and computer equipment purchased using earnings from the scheme.
According to authorities, the man received $30 million from more than 500 investors in Florida and throughout the United States by assuring them that they could earn 10 percent interest per month by trading in foreign currency through his company located in Pasco County.
The man supposedly only invested a small portion of the assets obtained, paid investors about $15 million of other investors' money and spent millions of dollars on personal items for himself, friends and family. He allegedly leased high-end real estate in New York City, private jets, and bought luxury cars, clothing and jewelry.
The Florida Attorney General's Office shut down the man's former company in April 2010 and froze its assets after investigating a grievance against the company. During that time the man had a Gainesville address and supposedly went to school in the area.
He was arrested in New York City on Nov. 4, 2010 and indicted Dec. 1.
Mail fraud and wire fraud are broad terms used in any case involving theft by mail, by Internet, by electronic transfer, by phone or any other comparable scenario. The State must prove intent beyond a reasonable doubt to obtain a conviction for this white collar offense. A mail fraud or mail theft case revolves around several points:
•	Did the accused actually plan to commit fraud?
•	Did the accused willfully and intentionally create a plot to cheat another person or persons
out of money or property?
•	Did the accused use the postal system in their scheme to defraud?
Prosecutors and investigators for fraud cases are aggressive in pursuing charges, which means your case can drag on for a lengthy time period. If convicted of mail fraud, the penalties include stiff fines or imprisonment for up to 20 years, possibly both. If the violation concerns a financial institution such as a bank, the fine can be elevated as high as $1,000,000 and imprisonment up to 30 years.
Posted in: Alachua County, Conspiracy, Mail Fraud, Pasco County and Wire Fraud
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Jerusalem, Jerusalem, by James Tissot (1836-1902).
Preaching in all its forms is indispensable to the Church's mission given to her by Jesus Christ: "Go, therefore, and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, teaching them to observe all that I have commanded you."1 Preaching has been the action of evangelization from the beginning of the Church. St. Paul put it succinctly: "But how are men to call upon him in whom they have not believed? And how are they to believe in him of whom they have never heard? And how are they to hear without a preacher?"2 Pope Paul VI forcefully reminded the clergy of this ancient and powerful truth in his 1964 encyclical, Ecclesiam Suam.
Among the different types of preaching, the homily has special status. Much is needed for it, and much is required of it. Pope Paul explicitly tied preaching the homily to evangelization in Evangelii Nuntiandi, stating that the homily "has a particular role in evangelization" and that "the faithful assembled as a Paschal Church, celebrating the feast of the Lord present in their midst, expect much from this preaching. …"4 If preaching is the primary apostolate, then surely it follows that the faithful also have a right to expect much. Pope Paul's successors clearly think so.
John Paul's insistence on preparation, rich content, and the needs of the listener, speaks to a practice of preaching that had fallen short. Evangelization, in particular, requires clergy to give careful attention to both what and how they preach. In his address to the Pontifical Biblical Commission, the pope clarified that preaching from Scripture to contemporary listeners requires actualization and enculturation. "A constant process of actualization adapts the interpretation to the contemporary mentality and language."7 The pope was careful to point out that actualization had to remain faithful to Scripture, so that the text is not forced to "accommodate an interpretation or an approach fashionable at a given time."8 At the same time, adapting to, or being aware of, the hearer, for this pope, meant that the preacher needed to be adept at enculturation of the message.
Benedict XVI made a call for a new evangelization a critical part of his pontificate. It meant, not only a continuation of the evangelical commission given to the Church, but also a re-evangelization of people and cultures that had lost touch with their Christian roots. The homily has a key role in re-evangelization, as it is directed at the assembled faithful who share a Christian heritage, but are confused and adrift in relativism and post-modernism. This pope was more pointed than his predecessors, however, in his assessment of just how much his preachers were up to the task. "Given the importance of the word of God, the quality of homilies needs to be improved."10 Benedict repeated this frank statement several years later. It begs the question: just what is the problem?
The 2008 General Assembly of the Synod of Bishops on "The Word of God in the Life and Mission of the Church" addressed this issue. The Linementa raised two questions, in particular, on the homily, in preparation for the synod. "Does the Word of God have a genuine resonance in homilies? What needs to be done?"11 These questions provoked lively responses before and during the synod. Instrumentum Laboris included the following response to the Lineamenta.
Two propositions stand out. The first is that homilies need to be improved, as Pope Benedict had written, because they do not fill the hunger and the expectations of the faithful. The second is that the root of this problem is inadequate seminary preparation. This assertion was reiterated by Cardinal Stanislaw Dziwisz during the synod. After quoting this passage from the Lineamenta, he gave it more substance.
Adopting this understanding of preaching could not help but have a dramatic and dynamic effect on homiletic practice.
The faithful have to right to expect the unleashing of the power of the Word, and when they do not get it, these prelates insist, they look for it elsewhere.
Thus, rather than Christocentric preaching, there is moralistic preaching that puts the emphasis on what the listener does, rather than on what Christ has done. That kind of preaching risks being either semi-pelagian, or reduced to social action. Cardinal Ouellet, seeing the same problem, asked the synod a question. "The homily must reach spiritual 'depth,' that is to say, the Christology of Holy Scriptures. How can we avoid the tendency towards moralism and cultivate the calling to a decision of faith?"20 Cultivating such a decision is surely what evangelization is all about.
Preaching is instrumental for evangelization that reaches out, and for the new evangelization that also reaches within. The 2012 Synod on the New Evangelization discussed "initial proclamation," calling it "an explicit proposal" which is "a call to conversion."21 Referencing the work done at the previous synod on the homily, this synod identified the homily, in particular, as a place for initial proclamation.
The Sunday homily is a suitable place for initial proclamation because many of the hearers, although baptized, and perhaps infrequent churchgoers, have only tenuous connections to their faith. They need to hear a proposal, an invitation to the fullness of the Christian life. This passage picks up the clear themes from the Twelfth Ordinary General Assembly of careful preparation, due attention, and Christo-centricity, all with the goal of inspiration, unleashing the power of the Word, not to simply convey information, but to stir to conversion. Archbishop Shevchuk, head of the Synod of the Ukrainian Catholic Church, thought this so important that he called for a General Assembly just on the homily.
That the renewal of homiletic practice deserves its own General Assembly focusing on kerygmatic proclamation underscores the role that the bishops see for the homily in the new evangelization. Another bishop raised a warning reminiscent of Cardinal Ouellet's in the previous General Assembly, namely, that poor preaching results in many young people abandoning the Church for other faith communities. Abandonment of the Church starts with a hunger for the power of the Word that is unfulfilled.
Both General Assemblies tied evangelization, and, specifically, the new evangelization, to a renewal of preaching, in general, and the homily, in particular. Both called for a homiletic that proposes the faith, invites hearers into a deeper relationship with Christ, and inspires conversion. Evangelization and preaching are so connected that one bishop at the Twelfth General Assembly defined one as the other. He put it this way: "Evangelization is the preaching of the word, which is the Word heard from God, and, therefore, it is a divine-human reality expressed in the form of an interpersonal dialogue."25 With this importance, this weight of responsibility, put on homiletics, and with the general assessment that Catholic preaching needs to be improved because it is not accomplishing what the bishops call for, the question, then, becomes, what is to be done?
This call by the American bishops before the General Assemblies on the Word and the New Evangelization is consistent with both synods' focus on seminary preparation for homiletics and the new evangelization; however, according to the Catholic Association of the Teachers of Homiletics (CATH), this call still has not been implemented. CATH published a white paper, entitled "The State of Homiletics in Seminaries and Graduate Schools of Theology in the United States" to assess the situation. Citing research in the 1990s that showed that seminarians generally had 5.6 credits in homiletics in programs that required more than 100 credits of study, the white paper concluded, "it would be difficult to argue that homiletics occupies 'a prominent place' in most seminarians' training. Regrettably, the lack of prominence first noted in 1992 persists."28 A cursory look at the current situation shows that several North American seminaries have responded to the Church's call for greater attention to homiletics. Many have introduced stronger homiletics curricula, but each in its own way. St. John's seminary in Camarillo, California, offers several courses in homiletics. St. Vincent Seminary, in Pennsylvania, has committed to integrating homiletics across the curriculum in addition to three dedicated courses, and introducing regular symposiums on preaching. St. Meinrad's Seminary in Indiana, has built preaching labs with a central television control room to record preaching for evaluation. St. Augustine's Seminary in the archdiocese of Toronto, Ontario, introduced a series of courses on Catholic preaching, including introductory and advanced homiletics, and a practicum that builds on preaching experience in an internship. These are only a few examples of what is being done.
Several approaches are demonstrated in these arrangements for addressing homiletics at a seminary. The first approach is having discrete courses. Seminarians and diaconate candidates will benefit from dedicated class time to the theology and development of preaching that looks at what the Church is asking from its preachers, the issues of preaching and the new evangelization, and the implications of decisions made for preaching. Additional courses that build upon this foundation can give seminarians and diaconate candidates opportunities to put this theology of preaching into practice, in terms of the Sunday homily, as well as in the daily homily, special occasions, and in particularly challenging situations. This first approach can be enhanced by broad support across the curriculum through homiletic assignments in courses on systematic and moral theology. In addition, frequent opportunities to preach during the Divine Office, and give reflections at liturgies, both in the seminary and in other settings, will build a habit of preaching. This practice needs to be supported with feedback from listeners, and evaluation from experienced preachers. The seminary offers the opportunity for seminarians and candidates to the diaconate to think about how systematic and moral theology, Scripture studies, and other aspects of their formation, are integrated into their preaching.
Committing to giving homiletics a prominent place in the seminary curriculum to form accomplished preachers for the new evangelization is an important step in answering the call of the synod of bishops. It also requires a clear vision of just what accomplished preaching is, so that a homiletics curriculum fulfills the needs of the Church for preaching in the new evangelization.
Benedict XVI's apostolic exhortation Verbum Domini, which followed the synod on the Word of God in the Life of the Church, provides a template for that vision. Verbum Domini emphasizes that preaching the homily is part of the liturgy, and meant to bring Scripture to life, so that the faithful can realize the active presence of God in their lives. "Consequently, those who have been charged with preaching by virtue of a specific ministry ought to take this task to heart."29 Msgr. Lluis Clavell, president of the Pontifical Academy of St. Thomas Aquinas, uses this document as his guideline in "Homilies Relevant to the New Evangelization." Msgr. Clavell shows how Verbum Domini identifies the marks of good preaching as a corrective to common practice.
This catalogue of deficiencies suggests what the preacher ought to be doing, that is, relating the homily closely to the Scriptures of the Mass, presenting the mind of the Church, and uncovering deeper meaning and applications. He continues with the important observation that even preaching that, at first, sounds pleasing, but it can, in fact, be unfocused and ultimately unfulfilling.
Avoiding these two main failings—a focus on the person and opinion of the preacher, rather than on Scripture and the Magisterium, and an academic lecture style approach to preaching— are critical to understanding what Benedict has in mind for preaching in the new evangelization. In an earlier article before his election as pope, he reminded preachers that they do not preach on their own behalf. They preach from, and with, the Church. Unfortunately, he writes, "this point of view seems to have vanished to a great extent. …"33 He writes that preachers, all too often, preach from their own positions without recognizing that their faith cannot be without an ecclesial character. He also writes that some preachers present themselves as scholars, impoverishing the faith and the homily to an exercise in scholarship. In both cases, he argues, the Church has become an inconvenience to the preacher. "In the first case, the preacher's legitimacy is derived from his personal decision of conscience, here it follows from his professional competence. …"34 Another way to put this critique is to say that the pope is warning his preachers not to put themselves at the center of the homily. Msgr. Clavell says it succinctly, "Christ is the center of every homily."35 This is not to say that there is not a personal element in preaching. Indeed, Benedict also wrote in Verbum Domini, "The faithful should be able to perceive clearly that the preacher has a compelling desire to present Christ, who must stand at the center of every homily."36 Msgr. Clavell reiterates this: "The faithful should be able to grasp the love of the homilist for Christ, as manifested in his tone, the expressions he employs, his joy, simplicity, and enthusiasm."37 Thus, we have another characteristic for the homily in the new evangelization. Aside from being liturgical, scriptural, rich, and adapted to the hearer, it is also to be personal.
The Church has called for these qualities in preaching since the Second Vatican Council. Fr. Robert Waznak observes that to do this, the Council used patristic preaching practice, and Origen (185-254), in particular, as a model. Waznak notes that the use of the word "homily" refers directly to Origen's homiliai which were liturgical, prophetic, scriptural, and conversational.38 Documents after the Council, and from the popes, have consistently upheld this view of the homily as most suitable to fulfilling the needs and demands of preaching in the modern world. The qualities of the homily described in documents during the pontificates of Paul VI and John Paul II are synthesized most effectively in the Introduction to the Lectionary.
The Introduction emphasizes that the homily is part of the liturgy.39 That is, it is not set apart from the liturgy, as if the Mass has been put on hold. It flows out of everything that precedes it, and flows into everything that follows it, reaching its fulfillment in the Eucharist. The implication for the preacher in preparation and delivery is to see the homily as integrated with the liturgy rather than as a discrete unit. The Congregation for Divine Worship and the Discipline of the Sacraments went so far as to discourage preachers from making the sign of the cross before or after preaching.
The Introduction also stresses that the homily be Scriptural. It is to proclaim the sacred Scriptures as in the readings or some text in the liturgy.42 The preacher can make references to other sources, but these are always meant to be illustrative of the primary sources for that homily which are the readings at that Mass. Practically, it means that the preacher should focus on what has just been heard, rather than refer to other parts of Scripture. It means dealing with what the Church has put in front of him and the congregation, rather than avoiding it or using it as a springboard to speak about something else. The interesting phrase "or some other text of the Liturgy" refers to what is sometimes called "the Liturgical Bible." That is, the preacher can preach on other texts heard at that Mass, the preface to the Eucharistic prayer, for example. This practice is another facet of making the homily liturgical. Accomplished preachers connect the Scriptures of the Mass with the "Liturgical Bible" making for a rich experience of the Word for the listeners.
That the homily is scriptural does not mean it is simply a commentary on history. It is also prophetic in the sense that Waznak uses the term to describe patristic preaching. "The patristic homilies proclaimed the saving grace of Jesus Christ in the midst of existential realities."43 That means, Waznak continues, "the homily is an interpretation of life in light of the Good News."44 The U.S. bishops called for preaching from, rather than on, the Scriptures as a lens to look at contemporary life. "In other words, the goal of the liturgical preacher is not to interpret a text of the Bible as he would in the case of teaching a Scripture class, as much as to draw on the texts of the Bible as they are presented in the lectionary, to interpret people's lives."45 The implication for the preacher is the need to be mindful of, not his particular interests, but the congregation's particular questions. Benedict concluded that preaching was in crisis because it had ignored this critical point.
The prophetic preacher is called on to be aware of the questions and concerns of the listeners, and of the often perplexing events in the world, to which the preacher holds up the lens of Scripture and the teaching of the Church. In particular, the prophetic preacher is called on to preach in the present tense so that the congregation hears that God did not simply act in the past, but acts now, that the Word that was meant for people in ancient times is also meant for us now.
All of this is to be adapted to the listeners. Thus, the homily is also meant to be conversational. That does not mean chatty or unstructured. Far from it—the Church has asked its preachers for careful preparation. It does mean that the language of the homily engages the listener. It is, at once, understandable and attractive. The conversational preacher uses image, story, and questions, not to draw attention to his own eloquence, but to present a message that attracts and intrigues. The New Homiletic Movement, beginning with the work of Fred Craddock in the early 1970s, proposed an inductive method of preaching that leads the listener from question to question, point to point, as the main message is uncovered and discovered. This method was meant as an alternative to the deductive method which proposes a thesis or message, and then explains or supports it much as any academic essay does.
All of this seems like a tall order—but then, as Pope Paul observed, the faithful expect much from preaching. Several methods are available to prepare, structure, and deliver a homily. The U.S. bishops proposed a lectionary study group made up of parishioners to assist the preacher when preparing a homily. That group uses a modified Lectio Divina on the upcoming Sunday readings. In this way, the preacher learns how listeners in his congregation hear the readings and what concerns they have.47 Homiletics texts offer a variety of approaches all aimed at the same thing—a homily that is carefully prepared and fulfils what the Church asks of it preachers. Benedict XVI proposes an elegantly simple model in Verbum Domini. The preacher, he writes, should ask himself three questions: "What are the Scriptures being proclaimed saying? What do they say to me personally? What should I say to the community in the light of its concrete situation."48 These three questions provide a guideline that keeps the preacher grounded in the Scriptures of that liturgy, personally invested, and focused on applying them in specific ways to daily life.
An important question remains. What is the role of catechesis in the homily for the new evangelization? To catechize, or not to catechize, has been a point of contention among Catholic preachers. On the one hand, the argument is that the renewal of the homily with a return to the patristic model of preaching was meant to remedy the heavily catechetical preaching before the Council. That preaching was largely separate from the Mass, to the point that the preacher removed his maniples and left the sanctuary to preach his sermon. Pre-conciliar preaching was also frequently disconnected from the readings of the Mass. Instead, it focused on points of the Creed or the Our Father, often in a series of sermons. Critics of the renewal in homiletics argue that the result has been the neglect of doctrine which has caused a shocking ignorance of the faith, even among those who attend Mass regularly. They observe that even if the homily is not an RCIA talk, the fact is the 10 minutes or so per week at Mass is the only opportunity that people will have to hear the teachings of the Church.
But surely, to catechize or not to catechize is a false dichotomy, a bogus question. The Church has never suggested that, in a return to the qualities of patristic preaching, doctrine be excluded from the homily. In fact, it is essential. Cardinal Ratzinger made the helpful observation that dogma "marks of the limit of preaching," whereas Scripture "positively shows the way of preaching."49 That is, the Scriptures of the Mass are central to preaching, and dogma provides the framework. When the preacher brings the teachings of the Church to the readings, he deepens and enriches them. He also is kept from preaching any personal agenda that is outside the mind of the Church. The Church calls its preachers neither to exclude catechesis, nor make it central, so that it replaces the centrality of Scripture. The U.S. bishops recently published "Preaching the Mystery of Faith" as a companion to their earlier directive on preaching "Fulfilled in Your Hearing." This new document takes up the matter of catechesis and endorses its use, but is careful to point out "good homiletic preaching begins and ends with an engagement with the Word of God."50 For the preacher, this means bringing the teachings of the Church to the readings proclaimed at Mass, rather than passing over the readings, or using them as a vehicle to speak about dogma. It means, as a general rule, to avoid preaching on a theme, or catechetical point, that does not grow out of what has just been proclaimed and heard. The preacher deepens the readings with questions, explanations, exegesis, and stories, all guided by, and bound with, dogma. It is not that catechesis is excluded from preaching, but rather that it supports, deepens, and illuminates the readings and prayers of the Mass. In this way, week after week, as questions and issues are suggested by Scripture, the preacher acquaints the congregation with the Church's response.
A careful examination of Pope Francis's homiletic practice, both at major liturgical events, and in his daily preaching in the chapel at Domus Sanctae Martha, where he has resided since his election, indicates a commitment to all of the characteristics of preaching for the new evangelization outlined above. His homily to seminarians and novices on July 7, 2013, is a good example.51 That homily is firmly built upon the readings of the Mass. In fact, as with many of his other homilies, the Holy Father spends time on each of the three readings. Other homilies, as on the July 28, 2013, World Youth Day Mass, also incorporate the responsorial psalm.52 Pope Francis moves beyond the historical situation of these readings to draw out contemporary applications that directly touch the specific congregation or group to whom he is preaching. His homilies are not lectures on a point of doctrine, but do bring in references to papal documents when it is useful to deepen the listener's understanding of the readings. He cited Paul VI's Evangelii Nuntiandi when preaching on the Feast of St. George,53 John Paul II's Redemptoris Custos in his homily at the beginning of his Petrine ministry as the bishop of Rome,54 and Lumen Gentium on the feast of Sts. Peter and Paul.55 He has incorporated theologians, as in his homily on Divine Mercy Sunday.56 All of Pope Francis's references bring in the teachings of the Church to clarify and illuminate the readings of the liturgy. He does all of this preaching in a familiar, conversational tone, often beginning with a question and then, in an inductive manner, taking the listener through the Scriptures to uncover what God has to say to them. The style is, at once, intimate and personal, always centered on Christ.
Pope Francis explicitly lays out his vision of the homily in the extraordinary document Evangelii Gaudium, the apostolic exhortation issued in 2013 after the synod on the new evangelization. He devotes 24 sections to what he is looking for from his preachers. Above all, he calls for preachers to take the task seriously by devoting significant time to the task. He does not temper his words.
This vision of preaching, consistent with, but clarifying, the vision of his predecessors since the Second Vatican Council, calls for preachers to know the heart of the community (n. 137), preach homilies that are neither entertainment nor a lecture (n. 138), prefer images to the use of examples (n. 157), give full attention to the biblical texts, beginning with a literal reading (n. 146, n. 152), and relate the texts to the lived experienced of the listeners (n. 154). He also calls his preachers to develop good delivery skills, calling that "a profoundly spiritual concern."58 For this Pope, attention to the dynamics of speaking, including volume, rate, voice color, eye contact, and gesture is more than just simply the finer points of public speaking. It has to do with fulfilling the mission of preaching by giving our best to God and to his people.
Perhaps, the most significant contribution Francis makes to the Church's vision for preaching in the modern world is in the image he supplies us. The Church has traditionally used images like Teacher, Witness, or Herald. The last one, in particular, is highlighted in the ordination rite for deacons. Francis, however, adds a new one that is both poignant and striking. Writing about the Church, he observes that it points out a model of preaching.
There is the heart of it. The preacher preaches with love in an intimate way, based on trust, so that even the hard things are received by listeners who know that the preacher is concerned for their well-being. These qualities are what the Church has called for in a renewal of the homily. They are a response to Pope Benedict's call for an improvement in preaching, and they are what the Church asks of its preachers. Careful attention to these qualities, to the theology of preaching, to the needs of the listeners, and faithfulness to the Church are essential for preachers in their primary apostolate in the new evangelization.
The renewal of the homily and its place in the new evangelization requires a clear theology to go with it. The Church has given its preachers that theology, and calls them to live up to this vision through careful preparation and, above all, a commitment to making this ministry their priority. It is both a challenge and a moment of extraordinary grace.
Deacon Peter Lovrick holds a doctorate in homiletics from Aquinas Institute of Theology (St. Louis University), is professor of homiletics at St. Augustine's Seminary in Toronto, Canada, and is director of the diaconate formation program for the Archdiocese of Toronto. His publications include two books on Chinese opera, three books on English dealing with writing, presentations, and editing, and one book on homiletics entitled: Preaching in a New Season, which will be available in 2016.
No, this assumption is not right; the Archbishop was right: "the kerygma cannot be taken for granted." I tremble to suggest that this assumption pervades the Church today, extending beyond parishes even to formation programs preparing men to become deacons and priests, preachers and teachers of others. Surely these men, it seems to have been assumed, discerning or having discerned a vocation to Holy Orders, have heard the Gospel of Christ and His saving Passion! I don't doubt that they – like the lay members of the parishes they will be sent to – have heard the words. But have they heard the Word? Have they heard the living eternal Word in the words? Are these preachers or future preachers alive in the personal, life-changing "experience of Christ's power," again to borrow the Archbishop's succinct expression.
A life-transforming encounter with the living Christ – meant to last a lifetime – cannot be assumed in the hearts of seminarians. But without this credential, how can he be a "witness" of the life he would proclaim? Have our preachers and heard the kerygma – have they really, deeply heard Him call them, not only to service in the Church, but first of all into LIFE in Him – to repentance, to conversion, to discipleship, to the Cross?
I stress this because nothing can replace the foundation of the house, or the roots of the plant. No renewal of sacramentalizing can replace catechizing, no renewal of catechizing can replace the initial foundation of conversion. No renewal of "continuing conversion" can replace an essential "first conversion" of death to the world and immersion into a new life in Christ. A personal saving encounter with Him is crucial. And as Paul wrote, "And how can people preach unless they are sent?" (Rom 10:15) The "sent ones" by virtue of Holy Orders, for them to be fruitful in their preaching, to be truly a "witness," must also have the interior authenticity that makes their words credible and life-giving.
Thank you, Thomas, for posting. I think you are on to something here. It is not that knowing the dogmas and how to live a Christian life, and then doing it, are unimportant. They are very important. It is rather that we do these things as a response to the experience of what God has done first. The Church has strongly asked for Christocentric preaching for just this reason — to focus on what Christ has done, is doing, and will do for us. Without that, preaching can too easily slip into Pelagianism — and like the elder brother in the parable of the prodigal son, we can become stuffy, prideful, and full of a sense of entitlement because we have done the chores and now God owes us. The kerygma takes us out of that — not out of a response to get as close to God as we can, which is personal holiness — but out of a focus on me first, and out of a joyless, grim, determined life focused on checking off all the boxes on a report card.
Thomas I agree, in my own experience, I had excellent homiletics in seminary. It was not till after seminary that I had a personal experience of Christ in my life that sharing the Word of God became more than an academic exercise. I travel a lot in my retirement, which means I hear homilies in many different Catholic Churches throughout the United States. Unfortunately, very few take kerygma seriously. Most often the homily is little more than a moralistic commentary.
Francis, Bishop of Rome, is a dramatic example of great preaching. The proof is in the response of the "crowds". Like Jesus, he appeals to the many, the hard work of evangelization requires much from missionary disciples, that is all of us. As members of the Church, we all have responsibility to help the homilist become better. We do not do that sitting back in silence when we hear a great homily or a terrible homily.