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Insurance, Corporate, Securities, and Governance
Chief Legal Officers as Reputation Risk Stewards
By George P. Long, III, Nir Kossovsky, 01 December, 2021
Companies once relegated the management of reputation risk to the public relations or communication functions, often in response to a specific crisis. The time for such narrow thinking has long passed.
Today, because of the enduring costs of a crisis, effective reputation risk management requires a broad understanding of the possible risks and liabilities facing a company in light of its business mix, strategic objectives, and interested stakeholders. It requires an authority that can spur action within boards and among upper management enterprise-wide.
Based on their typical scope of duties and experience, chief legal officers are well suited to manage reputation risk. A chief legal officer has the necessary depth and breadth to help build an appropriate risk management framework, to oversee an enterprise-wide intelligence gathering and reporting process (controls), and to support the company's adherence to strong reputation risk management principles.
The reputation of an organization manifests itself in several ways, from the businesses and activities it engages in, to how it communicates, to the actions taken by its employees, advisors and suppliers. Reputational issues may arise from actions taken or statements made, but also if a company remains silent.
Expectation gaps
The gap between expectations (what stakeholders want) and outcomes (how stakeholders experience what companies do) causes reputational risk — the threat to reputational value from angry, disappointed stakeholders.
Social media amplifies stakeholder emotions, thus the need for a company to respond to issues quickly and thoughtfully. Stakeholders are not monolithic in their expectations, and companies may need to choose between competing positions that cannot be reconciled. Moreover, expectations often change over time.
With reputational value linked to a wide range of mission-critical activities, a company's oversight of reputational risk has become a key governance matter. Failure to manage reputational risk effectively may lead to a decrease in stock price, increased cost of capital, disengagement of employees, impaired financials, regulatory opprobrium, and litigation.
The emergence of social media and other online venues as primary sources of "news" and information for large numbers of people — and the immediacy and influence of those sources — requires companies to implement preemptive strategic deterrence and mitigation strategies.
Reactive crisis communications efforts to "set the record straight" are always too late. Once set in the mind of stakeholders, anger is hard to displace. As Ben Franklin reportedly said, "glass, china, and reputation, are easily cracked, and never well mended."
The focus on environmental, social, and governance (ESG) issues and the pressure on companies to establish a reputation for ESG-awareness by engaging on social and public policy matters places them in a precarious position. The perils extend beyond compliance and regulators' expectations.
Companies need to understand all stakeholder expectations, anticipate fulfillment gaps, and be prepared to act in real time. Some have the governance, leadership, controls and insurance structures to do so. Many others may be making pledges without the structures in place to live up to them. Disappointment in such situations may be inevitable, but anger is not. Exploiting this distinction to build reputation resilience is the strategic goal of reputation risk management.
The SEC has said it is now considering more detailed and meaningful disclosures related to corporate ESG activities — an area that poses significant compliance and reputational risk. As it stands now, too many companies, viewing ESG ratings as a proxy for reputation enhancement, are raising stakeholder expectations. ESG puffery has begun to raise the ire of the SEC. In late August, the Wall Street Journal reported that US and German authorities were probing Deutsche Bank's DWS asset management arm over sustainability claims.
Other mission-critical activities replete with reputational risk, such as assuring the security of personal information, are receiving SEC scrutiny. In June of this year, the SEC issued the first-ever penalties for deficient cybersecurity risk controls against First American Financial Corporation (FAFC), a title insurance company, for deficient disclosure controls and procedures related to cybersecurity risks.
It is unquestionably perilous with equity investors — a clear lesson from the costly US$240 million settlement of the In re Signet class action litigation (which resulted, in part, from alleged ethical lapses and culture issues under the heading of #metoo at a large jewelry company). Not surprisingly, the plaintiffs' bar has taken notice and courts are increasingly holding corporate boards of directors accountable for financial setbacks related to reputational damage — upholding pleadings arguing that reputation is mission critical and, therefore, within the scope of a director's duty of loyalty.
In addition to its regulatory issues, FAFC is facing derivative litigation as well as a number of purported consumer class-action lawsuits. Last year saw a nearly 60 percent increase from the prior year in federal lawsuits mentioning reputation, according to Agenda.
Risk management in action
More and more major financial institutions recognize the need for effective reputational risk management. BlackRock and Vanguard, the world's top two asset managers, have each stated that they will take reputation risk into account as part of their evaluation of portfolio companies. Bond raters S&P, and Fitch all factor reputation risk management into their credit risk models; Moody's reported factoring it into 85 percent of their 8,700 private sector ratings in 2020.
An obvious implication of all this attention from the capital markets is that disclosures of authentic, enhanced, well-validated reputation risk management will be rewarded. Testing this concept, Apollo Global Management (NYSE:APO) recently took the very public step of detailing its enterprise reputation risk governance and management systems. Apollo took a principled approach by authenticating its processes in a report written by a respected third party, an outside law firm — thus distinguishing it from typical marketing statements.
The development and release of this report was a strategic success. Shareholders the next day increased Apollo's equity value by 7.2 percent. Equity market momentum over the next two weeks sustained the increase to 11 percent, which added a total of US$1.1 billion to Apollo's market capitalization.
The key success elements of Apollo's strategy included upgrading reputation risk oversight at the governance level, developing an integrated cross-functional enterprise-wide reputation risk management executive process, authenticating the strategy and its execution by a third party, and disclosing the whole of it publicly.
CLO as risk steward
Increasing numbers of companies are now susceptible to real damage if they fail to understand and address reputation risk management with strategies designed to meet the challenges of the current environment.
Chief legal officers are uniquely positioned within the organization to lead this effort. Boards trust counsel to guide them, and as boards increasingly find their oversight of reputation risk tested by regulators, the courts, politicians, and the ever-shifting winds of cultural change, many are turning to counsel for guidance. This is especially true in firms with large compliance operations, ESG-centered strategies, and an appetite for M&A activities.
Effective reputation risk management requires ongoing enterprise-wide intelligence gathering and analysis of mission-critical business processes that substantiate a firm's reputation for ethics, safety, security, sustainability, or quality. Processes through an integrated reputation leadership team comprise reputation controls. CLOs typically have a wide span of control across the company. This perspective puts them in a better position to recognize early warning signs control failures within an organization — such as increases in complaints, ethics investigations, enforcement actions, or legal disputes.
Counsel are also ideally suited for this role because they are already deeply involved in risk management generally, particularly when it relates to litigation risk. They are accustomed to preemptive strategic planning on mitigating crises, scenario planning, and protecting the enterprise from a broad range of perils. They are trained and have experience in managing war rooms, operational planning, and directing multi-disciplinary teams in a crisis. They are credible and authoritative voices in communicating with boards, risk committees, and management.
With counsel engaged in reputation risk management, there are several best practices they can follow to both mitigate these risks and help their companies achieve the type of "reputation premium" Apollo saw after its recent announcement.
Reputational risk management framework
The reputation risk management framework comprises controls and oversight. It should be rigorous and balanced, and tailored to the company. It should take the interests of shareholders and other stakeholders into account and should balance expectations, behaviors, and economics.
The framework should engage the board of directors at the appropriate level — providing actionable insights without parading an unending stream of issues and potential threats in front of the directors to the detriment of their strategic oversight responsibilities.
Any metrics used for controls and oversight to measure reputational value should be validated in the market. Increasingly, boards demand it. Consider, for example, the metrics used over nearly 20 years by stock indexes like RepuSPX and RepuVar that help to identify and predict which companies will outperform their peers based on their reputational resilience. Clear metrics and quantitative rigor demonstrate credibility and authenticity by meeting the expectations of institutional investors and regulators.
A strong reputational risk management framework benefits from candid conversations and retaining outside counsel may help to facilitate such conversations under the protection of attorney-client privilege. Third party consultants and underwriters can also provide subject matter expertise, risk quantification, insurance, or financial risk transfer, while underscoring to stakeholders the organizational importance of managing reputation risk.
In many commercial sectors, reputation risk is one of the top business perils today. There are proven metrics for measuring the risk, models counsel can use to manage and mitigate it, and products for validating the process and transferring financial risk. CLOs who play a leading role in shepherding the required intelligence gathering and creating an authentic story for marketing, communications, and investor relations to tell, can lead their companies toward reputational resilience. It's a strategy the capital markets today are rewarding.
George P. Long, III
PNC Financial Services Group, Inc.
Managing Chief Counsel
Nir Kossovsky
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Why the Kurds Are a Beacon of Hope in the Middle East
JNS/The Algemeiner
https://bencohen.pundicity.com/14902/why-the-kurds-are-a-beacon-of-hope-in-the-middle
During the war in Iraq, when I was still living in London and coordinating news coverage of the overthrow of Saddam Hussein for various international media organizations, I was in regular contact with a brave Iraqi Kurdish journalist named Ayub Nuri. When Ayub and I finally met in person, several years later in New York, we spent a couple of hours talking about the region generally, and specifically about whether Israel had a natural ally in the Kurds.
Order my new book, Some Of My Best Friends: A Journey Through Twenty-First Century Antisemitism, on Amazon!
So it was with some pleasure, in the midst of a horrible news week for the Middle East, that I came across an interview with Ayub in which he said the following: "Kurds are deeply sympathetic to Israel and an independent Kurdistan will be beneficial to Israel. It will create a balance of power. Right now, Israel is one country against many. But with an independent Kurdish state, first of all Israel will have a genuine friend in the region for the first time, and second, Kurdistan will be like a buffer zone in the face of the Turkey, Iran and Iraq."
Think about the meaning of those words, "a genuine friend." In this context, it means a country in the region that not only respects Israel's right to exist as a Jewish state, but also actively seeks to strengthen their mutual bonds. A country whose population is overwhelmingly Muslim but secular in political orientation, and one where the anti-Semitism that dominates elsewhere in the Islamic world is strikingly absent. Kurdistan actually is what many Jews mistakenly supposed Turkey to be: a Muslim-majority state with no ideological or theological objections to the idea of Jewish national self-determination.
Unlike the Palestinians, whose objections to Israel's very existence have stymied repeated attempts to create a Palestinian state, the 30 million Kurds have never enjoyed similar international backing in their quest for independence. Instead, they have been repressed and even exterminated by the regimes in the countries in which they are concentrated: Turkey, Syria, Iraq, and Iran. But thanks to the U.S.-led victory over Saddam—a Hitler-like figure for the Kurds, who remember his genocidal war against them in the mid-1980s, including the 1988 murder of around 5,000 mostly women and children during a chemical weapons attack on the town of Halabja—the Kurds were able to consolidate a Kurdistan Regional Government (KRG) in the north of the country.
Over the last decade, talk of Kurdistan splitting from Iraq has continually surfaced. Many Jews, moved by the shared experience of our two peoples of genocide, and sympathetic to the fact that the Kurds, like us, have been the victims of Arab chauvinism in both its nationalist and Islamist forms, have rightly supported such a move on moral grounds. Yet we shouldn't forget that this is one situation in which, happily, moral considerations fit neatly with strategic ones.
As of this moment, the Kurds have little reason to hold back from declaring independence, as they have done in the recent past. For as long as the U.S. was seriously engaged in Iraq, and helping to guarantee de facto Kurdish control of the oil-rich north, the KRG was wise not to upset the delicate balance by making a move that would have caused a major headache for American relations with Turkey and other neighbors. Now, almost three years after President Barack Obama withdrew American troops from Iraq, the Kurds are rightly skeptical that Washington will assist them in confronting the predators around their territories.
More and more, the Middle East looks like a failed region, rather than a collection of failed states. The disintegration of Syria has caused the disintegration of Iraq and could eventually consume Lebanon as well. The obvious winners are jihadi groups like ISIS—the Islamic State of Iraq and the Levant, one of the most brutal Islamist terrorist organizations we have encountered to date—and the Iranian regime, which has exploited the general meltdown to boost the Assad regime in Damascus and the Hezbollah terrorists in Lebanon and Syria (and whose murky relations with the jihadis are closer than many people understand.) Meanwhile, the Americans are stoking the sense that nothing short of a repeat of 9/11—in other words, another terror spectacular on American soil—will reverse their determination to wash their hands of this wretched region.
All those Obama Democrats who complain so loudly about anti-Muslim prejudice in the west apparently have little to say when it comes to the Islamist violence that has created 800,000 Muslim refugees in Iraq this year alone, as well as snuffing out the lives of thousands of other innocent Muslims. Unless the blame for atrocities can be pinned upon the U.S. or Israel, they are simply not interested. Iraq is heading for an appalling civil war, and a large part of the blame for that lies with the Obama administration, which was so determined not to hand George W. Bush any kind of triumph that it abandoned the major battlefield and political gains, paid for with the lives of American troops, achieved during the "surge" of 2007-08.
The results are truly frightening. Terrorist violence has, according to State Department figures, increased by nearly half over the last year. Up to 20,000 foreign jihadis are traveling back and forth from the region; one such was Mehdi Nemmouche, the French citizen accused of carrying out last month's terrorist atrocity at the Jewish museum in Brussels, who fought with the jihadis in Syria and was arrested carrying a flag with the ISIS symbol in his pocket. Negotiations with Iran over its nuclear program are collapsing, again fueling speculation about an Israeli pre-emptive strike on Tehran's key nuclear facilities.
Most Americans, however, know deep down that the Middle East will interrupt our foreign policy slumber sooner or later. That's why, more than ever before, we need to be bolstering the only peoples in the region we can truly trust: the Israelis, who have created a model liberal democracy in one of the most reactionary regions on earth, and the Kurds, whose modest wish to join the family of democratic nations is one we should actively be seeking to grant.

redpajama_set_name: RedPajamaCommonCrawl


Host a Regional Jack Summit in your community and change how whole regions think and talk about mental health!
Regional Jack Summits are youth led summits that inspire change and action at a local level. At a regional summit, young leaders from local schools or community groups get together to learn, share and work together to revolutionize mental health in their communities.
Our staff at Jack.org will work with you every step of the way to make sure your event is a success. By hosting a regional summit, you'll provide a space for student leaders to become better equipped to lead mental health advocacy initiatives back in their communities. You'll also build connections between teams, leading to unified efforts and a louder voice across whole regions.
Note: We recommend submitting your application at least 90 prior to your event to ensure a smooth planning process.
After listening to all of the thoughtful feedback from last year's regional summit hosts we've strengthened the program by creating a new, more robust planning guide with more resources, and by refining the planning process. We're incredibly excited to continue supporting regional summits across Canada!
How do I host a regional summit?
If you're interested in hosting a regional summit you'll need to submit an application through our website. Once accepted, Jack.org will reach out to set up a welcome call with one of our summit coordinators, as well as provide you with our planning guide. The guide includes suggested timelines, planning phases, templates, and resources to help you plan for a successful regional summit. Throughout the planning process we'll also always be available to help if you have any questions or need any support!
How are regional summit hosts chosen?
Regional summit hosts must be able to bring together groups of student leaders from multiple neighbouring schools or organizations, and be committed to mental health advocacy and student leadership to be considered.
What are the summits all about?
Regional summits have two main components: youth skill building and collaboration. Skill building is often the first half of the day and can include speakers or workshops to strengthen student work. Topics often include mental health basics, effective social media use, starting conversations, and/or building a strong community back home.
Opportunities to collaborate make up the second half of the day. This often takes the form of structured brainstorm sessions or working groups where students from different schools discuss their varying school environments and learn from each other. Topics can include barriers to student help-seeking, stigma and school culture, tailoring to diverse population groups, and planning strategic outreach activities.
Can I get swag or funding for my regional summit?
Jack.org has a modest budget to help regional summit hosts with swag and select event costs. As you work through your planning phases, we'll work with you to define your needs and help you in every way we can.
How can I be a delegate at a regional summit?
Since every regional summit reflects the needs of its community, delegate registration will look different at each event. If a school near you is hosting a regional summit and you'd like to attend, please contact summit@jack.org for information!


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Beauty Inc Awards: Newcomer of the Year
Shashi Batra & Credo Beauty take the prestige category while Lauren Brindley of Walgreens is noted for mass.
By WWD Staff on December 10, 2015
Shashi Batra & Credo Beauty
Illustration by Uli Knörzer
Appeared In
Beauty Inc issue 12/11/2015
While consumers today are more aware than ever of what they put on their bodies as well as in them, natural beauty has remained largely the domain of the health-food store. Until now. Credo Beauty, the brainchild of industry veteran Shashi Batra, moved the category into the realm of luxe retail experience, launching online and with a 1,300-square-foot store on San Francisco's Fillmore Street. The timing couldn't be better: globally, natural personal-care sales climbed 10 percent last year to almost $33 billion, according to Kline & Co., a figure expected to hit $50 billion by 2019. Credo stocks about 100 brands, including Vapour, Ilia, Tata Harper and RMS Beauty. One of its most popular online features is Healthy Swaps, which suggests natural beauty replacements for mainstream products. While naturals is still relatively small compared to the conventional market, Batra is thinking big: "We are going to differentiate ourselves with merchandise, education and the physical environment, and create a specialty beauty destination," he said at the opening. "It is what the natural-food markets have done for grocery shopping, except in beauty."
This story first appeared in the December 11, 2015 issue of WWD. Subscribe Today.
Lauren Brindley Illustration by Uli Knörzer
Lauren Brindley
Group Vice President and General Merchandise Manager, Beauty and Personal Care, Walgreens
In just a few months on the job, Lauren Brindley is making her mark on Walgreens, overseeing the further rollout of Boots' proprietary brands to 2,000 more doors as well as a test of major Boots beauty branding in Houston. She's already getting great reviews from colleagues and suppliers alike. "As we increase our focus on beauty and personal care, Lauren brings strong customer-led leadership and industry experience," said Linda Filler, Walgreens' president of retail products and chief merchandising officer. Brindley may be new to the U.S. and Walgreens, but she's no stranger to Boots, where she helped boost the retailer's market share in premium beauty and fragrances by upgrading the shopping experience and attracting desirable brands. As Walgreens solidifies its hold on the market with its Rite-Aid acquisition, look for Brindley to continue to bring that merchandising magic Stateside.


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Florida Supreme Court: Congressional districts unconstitutional
The ruling means there could be an upheaval as candidates from both parties seek to fill open seats.
Florida Supreme Court: Congressional districts unconstitutional The ruling means there could be an upheaval as candidates from both parties seek to fill open seats. Check out this story on tallahassee.com: https://on.tdo.com/1MhUeQO
Associated Press Published 11:19 a.m. ET July 9, 2015 | Updated 12:30 p.m. ET July 9, 2015
The Florida Supreme Court decision on disputed congressional districts could come as soon as Thursday.(Photo: Democrat files)Buy Photo
TALLAHASSEE (AP) — The Florida Supreme Court ruled Thursday that the state's congressional maps don't meet the requirements of a voter-approved constitutional amendment that prohibits political lines from being drawn to favor incumbents or a political party. The court ordered the Legislature to try drawing the maps again.
The ruling means there could be an upheaval as incumbents seek re-election and candidates from both parties seek to fill open seats. Florida has 27 congressional districts and the court ordered eight be redrawn, along with any districts they border.
The court chastised the Republican-led Legislature for working behind the scenes to draw the maps.
"The Legislature itself proclaimed that it would conduct the most open and transparent redistricting process in the history of the state, and then made important decisions, affecting numerous districts in the enacted map, outside the purview of public scrutiny," the ruling said.
A coalition that included the League of Women Voters challenged the lines, saying Republicans who drew them up ignored the new constitutional requirements approved by voters in 2010. A lower court agreed that GOP leaders and operatives made a mockery of the amendment, but only ordered two central Florida districts be redrawn.
The Supreme Court said that wasn't good enough.
Republicans have maintained that the maps adhere to constitutional requirements despite evidence that political operatives helped draw them.
It's yet to be seen how the ruling will affect the majority of Florida's members of Congress who are seeking re-election, as well as their challengers.
Read or Share this story: https://on.tdo.com/1MhUeQO
Pilot caught on camera making graffiti at airport
Double murder trial set for next week postponed
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Florida — the 'License Plate State'?
Sarah Walker sentenced to 5 years in crash that killed bus driver 'Rusty' Fowler
MLK Day local closures announced


Social stories are hot; missing out is not. Evidence of this presents itself in two forms. One is that every social media platform now has a "stories" feature that enables users to share rawer, more intimate, personal, and fast-paced content. Two is that all of these platforms have embraced the 24-hour disappearing content feature. The idea is that users will log in more often to see what's going on because of the fear of missing out. With key similarities, what makes each social stories feature unique, and how do you use them?
Snapchat is the platform most used by Gen Y or millennials 24 and under; however, there's a decent-sized market for adults ages 25-34 (and even older yet-still). Snapchat is also the first platform to use vanishing content as well as stories.
How it works: Create a photo or video, apply a fun filter, and then upload. The goal of stories is to unveil your authentic self. Let your story show your brand on the go, reaching out to the community, or going behind the scenes. You can also use Snapchat Ads and access a line of cool products and filters that have helped other brands amp up engagement.
After Snapchat came Instagram Stories. This was arguably snapback for Snapchat's refusal to be bought out by Facebook for a paltry $3 billion a few years ago. If Facebook couldn't buy its way into the in-crowd, it would genetically engineer a contender for the playground popularity contest.
How it works: Instagram Stories should feature "rawer" content than the platform best-known for image editing usually mandates. Instagram Stories is great for showing informal behind-the-scenes moments, sharing special offers, or showing off your creative side.
To share a photo or video story, click the camera icon on the top left of your mobile and go for it. Different features like Boomerang give you the option to create a video burst that loops content. You can save your video to post later, or use the live video features to capture a moment.
This past year, Facebook continued embracing the stories trend by adding an easy-to-use stories feature to the Facebook news feed. In appearance, features, and performance, it's fairly identical to Snapchat. For example, Facebook Stories has filters and effects and Hollywood-sponsored "masks" used for promoting films.
How it works: Hop on your Facebook app, access the camera, and swipe right. Choose from lenses and filters to embellish your photo or video content. Your story disappears after 24 hours but can be shared by users who have access to it.
Not one to be left out, Twitter also embraced storytelling with Twitter Moments. Twitter Moments are curated stories that show what's going on Twitter. You can also create your own Moment. When audiences view a Moment, they can see the entire story unfold.
How it works: Click the lightening bolt icon (Moments tab) to view the day's Moments. You can explore different trending moments, interact with a Moment in a category of interest to you, or create your own Moment; you can also decide what tweets to include in your moment.
The fundamentals for each platform are similar, but if you know your audience, you can easily choose which platform and stories feature are best for you. When creating a story, be authentic; share content that shows you working behind the scenes, getting creative, having fun with the people who make your brand special, or reaching out to the community. Use photos, videos, filters, masks, and other fun features to let your brand's personality shine.
Not sure what social media platform is best for your brand or how to start telling social stories? Cut out the question mark and contact The Storyteller Agency. Our talented team will help you find the right platform(s) for your brand and will help you tell social stories no one will want to miss out on.


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ORM is only a subset of the Model in MVC
patrick — Fri, 2010-08-20 00:58
I've been trying to put my finger on why I think a particular set of classes a previous programmer wrote to interact with a payment gateway annoys the hell out of me. At first I just felt overwhelmed by the number of classes and their interactions. I then listed out the classes and used a simple diagram to show basic interaction. Class A has a process that uses data from Class B, runs it through Class C, dumps the results into Class D, & somewhere along the line Class E gets used as well.
The simple diagram showing basic interaction reduced it to a point where it made sense and would look very similar to a simple diagram showing basic interaction between classes in any number of other frameworks. Coming from this direction it just makes my frustration look like a pet peeve blowing something hugely out of proportion. Not what I was hoping for and the project needs to launch last week (literally, the site usage is based on the school year & the old site has already been getting some usage).
I was wanting a much easier way to deal with the gateway and then a much easier way to write it's response to the database. I was failing at finding the right way of expressing my feelings as to why the classes were built wrong. The only thing I could come up with is that I was doing a ton of data processing to get the data from the form, pull information from the database, give just enough of the information to each of the different individual classes before handing yet more controller processed data off to the next class.
Tonight on IRC I was in #phpc on freenode and ymas issued a warning as part of his complaint about a framework (s?)he had quickly jumped into without fully understanding the model portion of the framework he was working with. The exact statement was, Public Service Announcement: Do not use a PHP framework to learn about MVC. You should learn about the compound pattern MVC and then pick a framework. I have been stung ... quite badly. . I would, however, posit that this applies to any MVC framework for any particular language (i.e. insert favorite language here).
I asked him which particular framework had stung him and he didn't want to publicly say in channel for fear of starting a flame war. Considering the crowd I'd think there would more likely be a bombardment of devil's advocates or wise people giving good advice in their own funny way. My curiosity got the better of me and I was able to get him to tell me which framework he had dug himself into a corner with. I've not used the framework he mentioned, but I think it sticks to a purely Active Record mentality and goes nuts if you try to do more than just Active Record.
He, ymas , had found an article that made him decide to look elsewhere - The M in MVC: Why Models are Misunderstood and Unappreciated - Maugrim The Reaper's Blog . I'm still reading through the article, but I think I've discovered the source of my subconscious annoyance (hunch?) that makes me think this set of classes interacting with the payment gateway is badly designed.
Just as all squares are rectangles (ok, I use this comparison way too much) all ORMs attempt to fit into or replace the model layer of MVC. Most frameworks tend to have some sort of ORM or some other database as a class method of mapping code to database tables as their advertised model component.
The article above reminded me that the model is the business logic portion of dealing with the data that the rest of the application uses. An ORM should help with the initial database data management building block portion of the model, but it shouldn't be the sole piece of the model layer. As an example the author of the above article points out that the Zend_Feed_Reader is a model for reading, manipulating, and interpreting data from a feed (i.e. an RSS feed).
Aha (Eureka!?), this is why my subconscious was overly frustrated with these payment gateways. My controller has to do a ton of data manipulation leading to a Fat Ugly Controller (FUC) and instead the classes dealing with payment gateway should probably be treated as a model.
Now it's way past time for bed, but my subconscious has something new to process.
As a side note I talked with ymas about Symfony & the Zend Framework. Symfony is more of a complete MVC framework with each piece of it (not necessarily MVC pieces) a separate project making the entire thing pluggable with replacement pieces (want to use a different ORM or make the model more than just an ORM? then use a different ORM or add to the model so that it's more than just an ORM). Zend Framework on the other hand is made up of lots of components that can, with a bit of glue, be made into an MVC frameworks (it has all the pieces, you just need to put them together).
There was also a large discussion between several people in #phpc about MVC frameworks and models and I'll have to see if I can pull the log of that later.
http://blog.whitelionsoft.com/trackback/122
MVC doesn't mean that you should throw other patterns aside?
Anonymous — Fri, 2010-08-20 10:33
Agreed (from a quick skim-through anyway).
Repository pattern and DDD are the two that I (perhaps loosely) try to work to these days:
Controller » Domain Model » Repository
View » Domain Model » Repository
with the domain entities acting as the parameters that float back and forth between the methods of these three layers.
The repository layer has no business logic and all it knows about is the database (or other data sources that store the state of the application, such as the filesystem for saving uploaded files and stuff). Basically all it can do is CRUD. It could (usually) be satisfied by an ORM, although there will be times when you'll want to write some of your own SQL for specific things.
The Domain Model layer knows nothing about databases or the filesystem, it just knows how to ask for stuff from the repository layer (and equally store them to the repository layer), but it contains all of the business logic that handles what should happen.
The view and controller layers should be pretty obvious. The controller/view are not allowed to talk to the repository directly. Everything they want has to go through the domain model layer first. Sticking to these patterns means that your code should always be really predictable and easy to maintain/manage.
It does mean that there end up being a lot of methods in the domain logic layer that are just `return repository.getStuff()` but that's useful in itself because to the maintainer they can quickly see that there are no business-logic-related constraints on "getStuff()" except what the database returns.


Between understanding your finances and knowing when, where and what to buy, the whole experience can be daunting. If you're feeling overwhelmed- stop right there! We've compiled some of the best tips to ensure that your investment property brings you the rewards you're looking for.
Buying an investment property is a major financial responsibility. The first factor to consider is how much you can actually afford. It is important to remember that buying an investment property means more than just the cost of the mortgage, you will also need to factor in expenses like repairs, improvements, real estate fees and landlord's insurance. If you're purchasing a property with a body corporate, they will also have fees that need to be added in.
If you want to find out how much you can borrow, we recommend having a chat with a home lending specialist. They'll be able to let you know the maximum amount you can borrow and will discuss all of the potential costs involved.
While a tenant paying rent can help to cover some the costs involved with an investment property, there may be times when the property is left vacant. Having a contingency to cover these down times is important. Research the costs involved in your situation to ensure you are getting the best deal for your money. This can help when considering lenders and insurance providers, too.
Once you have all the costs sorted, the next step is considering what type of property you would like to purchase. Be sure to leave your emotions at home! Remember that this property will not be your 'dream home', or the home you want to live in.
Put the focus on location, with good access to public transport, shops and schools. Consider the pros and cons of buying a brand new property or an older property. If your budget is too tight for a house, look at units and townhouses in the area.
Buying an investment property is all about timing. It's recommended you buy when prices have dropped and just before a price rise. Keeping your eye on the market is important so that you can gauge the best time to buy and the right time to sell. You also need to consider your preferred investment strategy – will you take a long-term view or will you aim to turn it over in a few years?
With such a major life decision at hand, it's a great idea to ask for advice. Reputable financial planners, your accountant and a solicitor (especially if you're buying jointly with a friend or family member) can all be great places to get the information you need to make the right decisions about purchasing your investment property.
Sometimes well-meaning family members will try to influence your decision. It's important to look at their success, or lack thereof, with a property before you follow their advice. Beware of those who claim to know everything but haven't been able to make it work for themselves. If in doubt, always see the professionals who really know the market and can talk honestly with you about your finances.
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Check out our award-winning Wealth Builder loan or call us on 1300 362 216 to get in touch with a lending specialist.


Navigating your health can be difficult. HealthFeed is here to help. As the official blog of University of Utah Health, we are here to offer you information on the latest in medicine, research, nutrition, exercise, and more. We not only will give you the facts, but help you understand them in today's world where headlines are changing every day.
Women's eye health deserves special attention—for lots of reasons.
Cataracts become more common as you age.
Chronic pain is defined as persistent pain that lasts for more than three months.
Most older adults are not getting enough protein.
Your child stuck something small deep up their nose. So far up there, you can't seem to retrieve it. Emergency physician Dr. Troy Madsen shares a useful—but kind of gross—health hack that may save you a costly trip to the emergency room.
A newborn waking up in the middle of the night is a normal thing. But one in five infants who have trouble sleeping may continue to have challenges during their toddler years as well. If your toddler is having problems with nighttime awakenings, there are a few possible causes. Pediatrician Dr. Cindy Gellner talks about how to distinguish if your child's sleep pattern is normal, or if it's something more serious.
Itchy eyes. Runny nose. Difficulty breathing. Allergies can make you miserable. Dr. Tom Miller discusses everything you need to know about allergies. Learn how to prevent your symptoms, relieve the discomfort, and what treatment options are best for you.
What is the Difference Between a Normal Facelift and a Mini Facelift?
If you're considering facelift surgery, one thing to keep in mind is whether your procedure will be a full facelift or the less invasive mini facelift. Both can give great results, but which is right for you? Dr. Eric Cerrati, cosmetic surgeon at University of Utah Health, explains the differences, what results you can expect, and whether or not a mini facelift is right for you.


text:
Q: How to change javascript files according to the screen size? Can anybody tell me how to change a JavaScript file according to screen size of an HTML page?
Actually i'm making an adoptive website and I need to change some js files according to the screen size. Actually these js files are for a banner for this site so the banner will be changed when the screen size change. So if guys knows how to make a  code that replace the files in HTML page when user change the screen size or when it displayed on different devices.
If anybody knows please tell me thanks.
Thanks for every member who answered before....

A: You can use $(window).on('resize', function() {...}) and getScript $.getScript('myScript.js').
BUT BE AWARE, all scripts loaded KEEPS loaded so if the window is resized again you can't remove a script already loaded.

A: I would check out these two links about accessing the screen's width and dynamically loading a script.
Screen width
Dynamically load js file
You are going to want to check the value of the screen's width and then based on the width, dynamically load a Javascript file.
<script>
if (screen.width > 500) {
    var head = document.getElementsByTagName('head')[0];
    var script = document.createElement('script');
    script.type = 'text/javascript';
    script.src = 'helper.js';
    head.appendChild(script);
}
</script>

redpajama_set_name: RedPajamaStackExchange


text:
mike ness home
Join Napster and access full-length songs on your phone, computer or home audio device. Or, contact our editors by emailing moderator@scng.com. Known as the Elliott House on the city's historic register where it's … This has been widely speculated that it could be because of his unbearable behaviors, and because of this, he grew up in a broken family. Four of the five bedrooms are upstairs and have access to a balcony, including the master suite. First Dakota National Bank is committed to supporting your dreams. Rent this Crystal Cove house for $175K a month, and bring your EVs. We might permanently block any user who abuses these conditions. For the most part, the interior was historically intact. Post was not sent - check your email addresses! Ness has since returned the kitchen to its 1920s glory. OC's priciest home listing: $58 million Corona del Mar mansion	Four of the five bedrooms are upstairs and have access to a balcony, including the master suite. From celebrity-owned homes to architectural jaw-droppers, she specializes in big-ticket residential properties that are the stuff of dreams and lottery fantasies. (Photo by Damian Tsutsumida), The Roman pool. In addition to the pool, the backyard has a built-in barbecue, room for entertaining and an oversized unit that can double as an office, gym or game room. Sorry, your blog cannot share posts by email. Mike Ness. Although we do not pre-screen comments, we reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. In the wood-paneled library, landscape vignettes of the four seasons decorate the wall's upper reaches and large hand-painted scrolls cover the ceiling. CLICK HERE TO TURN ON NOTIFICATIONS. (Photo by Damian Tsutsumida), The kitchen now reflects the home's era. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. O.C.'s pioneering punk band Social Distortion. Sorry, your blog cannot share posts by email. Outside, an arched garden gate leads to a private garden with a Roman pool and pool house. Mike and Ness. GET BREAKING NEWS IN YOUR BROWSER. Mike Ness, the guitar-playing frontman of O.C.'s pioneering punk band Social Distortion, is listing his home in Santa Ana's historic Flora Park neighborhood mid-next week. At the age of 15, he was kicked out of his father's home. 19 will expand tax savings for senior and disabled homeowners. Social Distortion frontman Mike Ness and his wife, Christine, recently listed their five-bedroom home in Santa Ana's historic Floral Park neighborhood for $2.35 million. 3 in nation, Roy Rogers' former Victorville ranch drops asking price by another $910,000, Historic Laguna Beach blufftop home with wrap-around ocean views lists for $22 million, Rent this Crystal Cove house for $175K a month, and bring your EVs, Mortgage payment forbearance must be expanded, Prop. Inspired designs on t-shirts, posters, stickers, home decor, and more by independent artists and designers from around the world. Rent this Crystal Cove house for $175K a month, and bring your EVs. Mike Ness, Soundtrack: Lords of Dogtown. Tickets to our European tour are on sale NOW. Where is California's cheapest place to live? Sandy DeAngelis and Bonnie Gausewitz at Seven Gables Real Estate are the listing agents. Or, contact our editors by emailing moderator@scng.com. A 17-year-old Mike Ness spits in a plainclothesman's face and is carted off to jail. The official web site of Social Distortion, Southern California Orange County punk, rock and roll from Mike Ness and company. Mike Ness, the guitar-playing frontman of O.C.'s pioneering punk band Social Distortion, is listing his home in Santa Ana's historic Floral Park neighborhood mid-next … Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to email this to a friend (Opens in new window), Peek inside Mike Ness' Floral Park home listed at $2.4 million, OC's priciest home listing: $58 million Corona del Mar mansion, Million-dollar cities: Los Angeles-Orange counties housing ranks No. Cheating At Solitaire 2xLP (Black) (Vinyl) $33.59 . Five years is WAY too long! Mike Ness was born in 1962 in Lynn, Massachusetts. If you see comments that you find offensive, please use the "Flag as Inappropriate" feature by hovering over the right side of the post, and pulling down on the arrow that appears. Home Artists Contact Home Artists Contact . His family relocated to Orange County, California later that year and he grew up roaming the streets of Fullerton. A Juliet balcony overlooking the great room is another feature of this well-preserved home. Through the front door, the foyer boasts arches. Shop by category. 172 talking about this. Live in Las Vegas with Mike and Ness. The house receives substantial property tax savings through the Mills Act in exchange for its continued preservation. The dated 1980s kitchen was the only room in need of a major redo. MIKE NESS. The exterior remains true to the original design, complete with columns and decorative balustrades. The house sits on more than a three-quarter-acre corner lot surrounded by towering palm trees. Mike & Ness, Kemptville. With product bundles. Album Cheating at Solitaire. Booking: Andy Somers. The house was built in 1931 and, according to the review, renovated over the decades to include a 330-square-foot addition, swimming pool and kitchen remodel. Mike will join Barrett Martin, Slash, Chad Smith, Duff McKagan, Nancy Wilson and more at the 2018 MusiCares Concert For Recovery at The Showbox in Seattle on Thursday, May 10. Although we do not pre-screen comments, we reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. It now reflects the home's era with modern appliances for convenience. 19 will expand tax savings for senior and disabled homeowners. Her stories have also highlighted stories of local Black artists, Native American theater, faith-based fitness, nutrition and wellness programs, gay marriage, and Jewish life in Southern California, from kosher restaurants to an exhibit on home movies. Mike and Ness co host a radio show in Las Vegas and give you the scoop on all the best places to go. MIKE NESS "SOLO DISTORTION INTERVIEW BY J. BRYAN STAHEL. Historic Laguna Beach blufftop home with wrap-around ocean views lists for $22 million	In Stock. Vinyl Records & LPs. 281 likes. A stone fireplace anchors the great room under beamed and stenciled ceilings. Over the stove alcove, ziggurat detail echoes the motif above the front entrance to the home. If you live and work in Julesburg, you can't help but notice the work and transformations that have taken place at … Known as the Elliott House on the city's historic register where it's listed, the Italian Renaissance Revival style with a wraparound porch sits on a large corner lot surrounded by towering palm trees. High-quality Mike Ness pillows, tapestries, mugs, blankets, shower curtains, aprons, jigsaw puzzles, and magnets by independent artists. Album Cheating at Solitaire. The breakfast room has a pair of built-in china cabinets. All orders are custom made and most ship worldwide within 24 hours. Mike Ness. 3 in nation	Historic Laguna Beach blufftop home with wrap-around ocean views lists for $22 million	It has a large private balcony. Sandra Barrera was born and raised in the San Gabriel Valley to immigrant parents and has covered topics that range in interest to all demographics, from the Latin hip-hop movement and Argentine tango meetups to Quinceañeras. Specializing in DJ, Comedy and Magic Shows, Photo Booths and Balloon Decor. Ness was born in Lynn, Massachusetts on April 3, 1962. HOME; Like Follow. (Photo by Damian Tsutsumida), The breakfast room. Mike Ness was born in 1962 in Lynn, Massachusetts. Hats & Beanies. "It is said that the artisans were flown to this home from Italy and spent nearly a year painting all the details," said Sandy DeAngelis of Seven Gables Real Estate in a YouTube video tour from 2014. The asking price is $2.45 million. Handpainted details appear throughout the interior, including in the wood-paneled library where landscape vignettes of the four seasons decorate the upper reaches of the wall. She is a real estate reporter for the Southern California News Group. Close × Official website of Mike Ness. DeAngelis and her colleague Bonnie Gausewitz hold the listing. five-bedroom home in Santa Ana's historic Floral Park neighborhood. Roy Rogers' former Victorville ranch drops asking price by another $910,000	Mike Ness was born in Lynn, Massachusetts, USA, on April 3, 1962. No Man's Friend Lyrics. 141 talking about this. The Nesses took ownership of the property in July 2014 for an unspecified amount, records show. On the ceiling are large handpainted scrolls. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. During his early years, he was raised on the blues, country and early rock n' roll. Million-dollar cities: Los Angeles-Orange counties housing ranks No. Mike Ness was born in 1962 in Lynn, Massachusetts. An architectural review of the home describes it as "comfortably sized and fashionably detailed." But that's not unlike other revivals in the neighborhood that date to the 1920s and 30s, the review notes. Discography. 172 talking about this. Previous owners had made some alterations to the house, so the Nesses seized on the opportunity — the guitar-playing frontman of O.C.'s pioneering punk band and his wife are passionate about historic home restoration and collecting. Europe, we've missed you. He was kicked out of his father's home in Fullerton at age 15. Management: Shane Trulin. With decades of financial experience in various banking industries, our executive leadership team understands financial choices are driven by your passion and pursuits. Accessories. Thu, November 21, 2019. Ness and his family moved to Fullerton, California, when he was young. They worked with design consultant Catlin Meininger to return the property to its former glory. Got to chat with the Orange County Register about what I've been up to in quarantin… 3 in nation, Roy Rogers' former Victorville ranch drops asking price by another $910,000, Historic Laguna Beach blufftop home with wrap-around ocean views lists for $22 million, Rent this Crystal Cove house for $175K a month, and bring your EVs, Mortgage payment forbearance must be expanded, Prop. (Photo by Damian Tsutsumida), One of the home's five perfectly-preserved tiled bathrooms. Accessories. His family relocated to Orange County, California later that year, and he grew up roaming the streets of Fullerton. We might permanently block any user who abuses these conditions. Social Distortion frontman Mike Ness and his wife, Christine, recently listed their five-bedroom home in Santa Ana's historic Floral Park neighborhood for $2.35 million. Mike Ness (born Michael James Ness, born April 3, 1962) is a country music singer and guitarist, best known as the vocalist, guitarist, and chief songwriter for the American punk rock band Social Distortion.. Ness was born in Stoneham, Massachusetts and raised in Fullerton in Orange County, California. (Photo by Damian Tsutsumida). MIKE NESS. We're trying to find a joke in here somewhere. The Card Cheat for twenty years, Mike Ness has been a near-mythical figure of classic punk rock rebellion, equal parts Johnny Thunders and James Dean held together with angst and attitude to burn. CDs. Social Distortion Mike Ness Tour Dates. Mike Ness. 2018 MusiCares Concert For Recovery. Her stories have also highlighted stories of local Black artists, Native American theater, faith-based fitness, nutrition and wellness programs, gay marriage, and Jewish life in Southern California, from kosher restaurants to an exhibit on home movies. Mike Ness, the guitar-playing frontman of O.C.'s pioneering punk band Social Distortion, is listing his home in Santa Ana's historic Flora Park neighborhood mid-next week. The official web site of Social Distortion, Southern California Orange County punk, rock and roll from Mike Ness and company Roy Rogers' former Victorville ranch drops asking price by another $910,000	She is a real estate reporter for the Southern California News Group. If you see comments that you find offensive, please use the "Flag as Inappropriate" feature by hovering over the right side of the post, and pulling down on the arrow that appears. The home's interior measures 4,145 square feet. The focal point of the living room is the fireplace decorated with hand-carvings. GET BREAKING NEWS IN YOUR BROWSER. In Stock. A large finished basement houses a wine cellar, laundry room and finished garage with a newly refurbished wood door. Ness was born in Stoneham, Massachusetts and raised in Fullerton in Orange County, California. Husband and Wife Wedding Photographers in Ontario, we love weddings, and work hard to do what we love! Michael James Ness was born April 3rd, 1962 in Lynn, Massachusetts. Antique light fixtures found on the Nesses' travels set honed marble countertops aglow. Features of the home's well-preserved interior include a groin vault ceiling, magnesite staircase and hand-forged iron railings. (Photo by Damian Tsutsumida), The dining room. Kicked out of his parents' home in Fullerton at the age of fifteen, he dabbled in drugs and petty crime, involving himself in the punk scene and founding Social Distortion in 1978. It has a private balcony at the front of the house big enough for a table and chairs. Not only is Mike Ness known as a legendary member of the early Southern California punk movement with his band Social Distortion, he has also become a Rock 'n' Roll icon with an impactful career in music that spans four decades. (Photo by Damian Tsutsumida), One of the home's original hand-painted ceiling murals. I'm in Love w/ My Car Lyrics. Each step in Mike's career has portrayed and encapsulated a variety of musical styles that reflect his soul, which is apparent on every record. Wine cellar, laundry room and finished garage with a Roman pool and pool house refurbished door! The best places to go husband and Wife Wedding Photographers in Ontario, we mike ness home,! Join Napster and access full-length songs on your phone, computer or home audio device wine cellar laundry! Mike Ness by J. BRYAN STAHEL we love in love w/ my Car Lyrics a finished... They worked with design consultant Catlin Meininger to return the property to its glory! 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mike ness home 2021


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Air for the future of the humanity!
Unfortunately air pollution is rising and because of that the air should be preserved in jars, for posterity. If someone will open this jar in a few years, he will have the opportunity to take a breath of fresh air, but by then you will need a gas mask. Here we have to raise the alarm in order to highlight the value/importance of the air on the 5th of June 2015, at World Environment Day!
Very interesting, good job UN.


Mommy Ramblings: Good Riddance August!
Well here we are...It is officially September! I seriously don't know where this year has gone! Christmas is only a few months away!!! I know I am VERY behind on my blogging, and believe me, I am working on getting caught up, HOWEVER I cannot thoroughly enough express my joy that August is GONE! I REALLY try not to wish time away...it certainly goes by fast enough as it is, BUT August has been hellacious for us! :( Not only am I a month behind on my blogging, but I also am still working on editing pictures for a wedding I shot for my cousin at the beginning of August! I will catch you all up soon on the happenings of August, as well as I will be launching the newest section of my blog...It will be centered on our homeschooling journey!! Say prayers and wish me luck on that one, it is our first year as a homeschooling family!! I hope that y'all had an awesome August '10, and if not, you will join me in saying adios to that crappy month and HELLO to September! It is not only a new day, but a new month, let's wipe that slate clean and start off on the right foot!!


text:
using Microsoft.Xna.Framework;
using StardewValley;
using SObject = StardewValley.Object;

namespace Pathoschild.Stardew.Automate.Framework.Machines.Objects
{
    /// A statue of true perfection that provides output.
    /// <remarks>Derived from <see cref="SObject.DayUpdate"/> (search for 'case 280').</remarks>
    internal class StatueOfTruePerfectionMachine : GenericObjectMachine<SObject>
    {
        /*********
        ** Public methods
        *********/
        /// Construct an instance.
        /// <param name="machine">The underlying machine.</param>
        /// <param name="location">The location containing the machine.</param>
        /// <param name="tile">The tile covered by the machine.</param>
        public StatueOfTruePerfectionMachine(SObject machine, GameLocation location, Vector2 tile)
            : base(machine, location, tile) { }

        /// Get the machine's processing state.
        public override MachineState GetState()
        {
            return this.Machine.heldObject.Value != null
                ? MachineState.Done
                : MachineState.Processing;
        }

        /// Provide input to the machine.
        /// <param name="input">The available items.</param>
        /// <returns>Returns whether the machine started processing an item.</returns>
        public override bool SetInput(IStorage input)
        {
            return false; // no input
        }
    }
}

redpajama_set_name: RedPajamaGithub


XS Wireless Digital Vocal Set. One-touch ease-of-use wireless audio set with XSW-D XLR female transmitter, XSW-D XLR male receiver, XS 1 cardioid dynamic vocal microphone, mic clip and USB-A to USB-C charging cable.
The BOYA BY-HM100 is a dynamic handheld microphone with omini-directional 360° pickup pattern.
The BOYA BY-WHM8 is a Wireless handheld transmitter with a dynamic, cardioid capsule, suitable for BOYA BY-WM6 and BY-WM8 wireless receiver.


text:
Duluth's Park System, 1856 – 1956
A lithographic postcard showing Tischer Creek within Congdon Park, ca. 1910. (Image: Zenith City Press)
Rock, water, and ice: These forces of nature inspired Duluth's park system. Eleven thousand years ago a massive layer of glacial ice melted away slowly as the climate warmed. Meltwater collected in the huge basin we now call Lake Superior. Much deeper than today, the shoreline of this lake stood at an elevation of about 1,100 feet—nearly 500 feet above today's lakeshore. For thousands of years, the waters of the glacial lake washed up against the rock, creating gravel beaches and wave-cut cliffs.
As the ice melted away to the north, exposing more land and new outlets, the water began flowing out to the east through the St. Mary's River at Sault Ste. Marie. The water level in the lake dropped, leaving the old shoreline sitting high and dry, perched on the hillside above the newly exposed rocky land that would one day become Duluth.
Before 1854, the land on the western side of the St. Louis River was "Indian Territory." Ojibwe lived in scattered villages, and an all-but-abandoned fur trading post at Fond du Lac still housed a handful of white traders and missionaries.
The 1854 Treaty of La Pointe changed everything. The Ojibwe ceded a large block of land on the western shore of Lake Superior to the United States. They retained the right to hunt, fish, and gather in the ceded territory, but the treaty opened the land to American settlement and speculators wasted no time staking their claims. Between 1856 and 1859, settlers laid out eleven separate townsites in what is now Duluth. In addition to Fond du Lac, the townsites included Oneota, Rice's Point, Fremont, Duluth, North Duluth, Cowell's Addition (much of today's Canal Park business district), Middleton (most of today's Park Point), Portland, Endion, and Belville. The area encompassed by the townsites of Middleton, Cowell's Addition, Duluth, North Duluth, and Fremont incorporated together as the town of Duluth in 1857.
The Nineteenth-Century Squares
As the early settlers carved their towns out of the northern wilderness, they also created the city's first parks or "squares"—one or two city blocks designated as public open space. The squares were set aside from development when the townsites were platted, the process followed when a tract of undeveloped land was divided into smaller parcels connected by streets, alleys, and parks.
Reflecting the role of urban parks in mid-nineteenth-century America, Duluth's platted squares represented a remnant of the old English system of the commons—unimproved tracts of land in a central area used by the community as a public gathering place. In agricultural England, people also used the commons for grazing their cows and sheep. In America, these urban squares simply provided undeveloped public spaces.
The founders of the Duluth townsite set aside two platted parks: Cascade Square, a four-acre parcel in the heart of downtown, and Central Park (sometimes called Zenith Park), a thirty-acre parcel high on the rocky hillside west of downtown. The developers of several other townsites also set aside platted parks: Lafayette Square and Franklin Square in Middleton (1856), Fond du Lac Square (1856), Portland Square in the town of Portland (1856, now the East Hillside), and five squares in New London (1871, now Lakeside): Washington, Russell, Manchester, Portman, and Grosvenor.
Several of the original townsites joined together in 1870 to form the City of Duluth: Duluth, Portland, Endion, and Rice's Point. When these towns merged, the new city became responsible for all the platted parks.
But the role of urban parks in America was already changing. Thousands of people were leaving their farms and moving to cities to work in factories. Reformers began to advocate for large public parks with manicured greenspaces that would allow people a chance to escape from long, dreary days of factory work. Frederick Law Olmsted, America's most famous landscape architect, led the movement to design elaborate urban park systems that included pastoral landscapes with picturesque elements. Olmsted designed his parks to provide residents relief from their noisy, man-made surroundings. Parkways—broad, landscaped boulevards with separate roadways for pedestrians, bicyclists, equestrians, and horse carriages—were an important component of Olmsted's designs.
Read more about Duluth's 19th-Century Squares here.
Read more of this story: 1 2 3 4 5 6 7
From Duluth's Historic Parks: Their First 160 Years by Nancy S. Nelson & Tony Dierckins (Zenith City Press, 2017) featuring over 300 historic photos, illustrations, and lithographs. Click on the cover to preview the book.


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Austria: Sanctions 2020
The ICLG to: Sanctions - Austria covers legal basis/sanctions authorities, implementation of sanctions laws and regulations, enforcement, and general topics in 22 jurisdictions.
ICLG.com > Practice Areas > Sanctions > Austria
Legal Basis/Sanctions Authorities
Implementation of Sanctions Laws and Regulations
1.1 Describe your jurisdiction's sanctions regime.
The Austrian sanctions regime is almost exclusively based on sanctions measures adopted by the United Nations ("UN") and the European Union ("EU"). The Austrian Sanctions Act (Sanktionengesetz – "SanktG") essentially regulates the domestic implementation of these sanctions. Only if the UN Security Council were to adopt resolutions concerning terrorist groups in Europe would these UN sanctions have to be implemented in national law, because the EU does not currently have the power to regulate such matters.
Pursuant to Sec 2 of the SanktG, the Austrian National Bank (Österreichische Nationalbank – "OeNB") is responsible for national implementing measures, in particular when it comes to the freezing of assets. The Austrian Federal Government (Bundesregierung), on the other hand, is responsible for:
■ the confiscating means of transport and goods;
■ prohibiting the provision of services; and
■ the exemption from the obligation to comply with civil claims relating to contracts or other legal transactions affected by sanctions of the UN or the EU, etc.
National implementation measures are to be issued either in the legal form of a regulation (Verordnung) or an administrative decision (Bescheid).
The enactment and revocation of the OeNB's regulations require the consent of the Federal Government; in the event of imminent danger, the consent of the Federal Chancellor (Bundeskanzler) is sufficient. The enactment of regulations by the Federal Government requires the consent of the main committee (Hauptausschuss) of the National Council (Nationalrat – Nationalrat is one of the two chambers of the Austrian Parliament; the other chamber is the representation of the nine provinces [Bundesrat]; and the Hauptausschuss is a parliamentary organ of Nationalrat which participates in the administration on the federal level [Bund]).
In addition to the sanctions regime, Austria also has an export control regime. For further details, see question 2.10.
1.2 What are the relevant government agencies that administer or enforce the sanctions regime?
The responsibilities of the Federal Government and the OeNB with regard to domestic implementing measures have already been mentioned in question 1.1 above. In addition, the following competencies regarding sanctions exist:
In Austria, the Ministry for Europe, Integration and Foreign Affairs (Bundesministerium für Europa, Integration und Äußeres) is responsible for dealing with and coordinating international sanctions (in particular within the framework of the UN and the EU and for legal issues in connection with the negotiation and implementation of sanctions).
The Federal Minister of the Interior (Bundesminister für Inneres) plays an important role here and is responsible for monitoring the domestic implementation of sanctions, except for legal acts pursuant to Sec 2 SanktG enacted by the OeNB (see question 1.1 above).
In addition, the land register courts (Grundbuchsgerichte) and commercial register courts (Firmenbuchgerichte) have certain functions in connection with the recording in the land register (Grundbuch) or commercial register (Firmenbuch) that certain assets are frozen. With regard to assets which are frozen on the basis of a legal act of the Federal Government, or on the basis of directly applicable sanction measures of the EU in the land register or the commercial register, the Federal Minister of the Interior shall notify the court competent for the property or the legal entity of this fact. Based on this notification, the court shall ex officio enter in the land register or the commercial register that the assets of the person or institution concerned are frozen.
Finally, the individual other federal ministries (Bundesministerien) are also obliged under the Federal Ministries Act (Bundesministeriengesetz) to take any implementing measures for the implementation of sanctions in their own sphere of influence.
The Federal Ministry for Digital and Economic Affairs (Bundesministerium für Digitalisierung und Wirtschaftsstandort) is the national authority for the enforcement of the Foreign Trade and Payments Act (Außenwirtschaftsgesetz – "AußWG") and the associated implementing regulations.
2. Legal Basis/Sanctions Authorities
2.1 What are the legal or administrative authorities for imposing sanctions?
There are no legal or administrative authorities in Austria that can impose sanctions. As explained above in questions 1.1 and 1.2, in Austria the competent authorities can only adopt national implementing measures under the SanktG. These are primarily the responsibility of OeNB. Further responsibilities lie with the Federal Government as a collegial body, the Ministry for Europe, Integration and Foreign Affairs and the Ministry of the Interior, as well. Measures under foreign trade law are the responsibility of the Ministry for Digital and Economic Affairs.
2.2 Does your jurisdiction implement United Nations sanctions? Describe that process. Are there any significant ways in which your jurisdiction fails to implement United Nations sanctions?
Yes. Concerning the implementation of UN actions, see questions 1.1 and 1.2. We are not aware of any significant failure to implement UN sanctions.
2.3 Is your country a member of a regional body that issues sanctions? If so: (a) does your country implement those sanctions? Describe that process; and (b) are there any significant ways in which your country fails to implement these regional sanctions?
Not applicable. Austria is, of course, a Member State of the EU and participates in the development of EU sanctions in the relevant bodies. We understand the EU as a supranational organisation, but not as a "regional body" in the sense of this question.
2.4 Does your jurisdiction maintain any lists of sanctioned individuals and entities? How are individuals and entities: a) added to those sanctions lists; and b) removed from those sanctions lists?
Austria does not keep its own lists of sanctions. However, there are domestic implementation measures pursuant to Sec 2 SanktG, which are issued by regulation or through an administrative decision of the OeNB or the Federal Government. These ordinances also list the persons, groups and organisations concerned.
2.5 Is there a mechanism for an individual or entity to challenge its addition to a sanctions list?
It is possible to challenge implementation measures pursuant to
Sec 2 SanktG in the form of an ordinance before the Constitutional Court (Verfassungsgerichtshof). An appeal may be lodged against administrative decisions of the OeNB or the Federal Government, which shall be decided by the Federal Administrative Court (Bundesverwaltungsgericht) at first instance and finally by the Supreme Administrative Court (Verwaltungsgerichtshof).
So far, there is no case law available on this subject in Austria.
2.6 How does the public access those lists?
As set out above, Austria does not keep its own lists of sanctions. However, the ordinances of the OeNB (see question 2.4) are published on its homepage or must be published in the Federal Law Gazette (Bundesgesetzblatt).
With regard to the entries in the land register (Grundbuch) and the commercial register (Firmenbuch) (see question 2.1), it should be noted that these are public registers which can be inspected by anyone.
2.7 Does your jurisdiction maintain any comprehensive sanctions or embargoes against countries or regions?
This is not applicable in Austria.
2.8 Does your jurisdiction maintain any other sanctions?
2.9 What is the process for lifting sanctions?
Since Austria does not have its own sanctions regime, sanctions are lifted at EU or UN level. National implementation measures pursuant to Sec 2 paras 1 and 2 SanktG must be revoked as soon as the underlying sanction measures of the UN or the EU are repealed.
If a domestic legal act is subsequently repealed pursuant to Sec 2 para 1 or directly applicable sanction measures of the EU, the Federal Minister of the Interior shall inform the competent court that it will delete the entries made in the land register or the commercial register (see question 2.1).
2.10 Does your jurisdiction have an export control regime that is distinct from sanctions?
In addition to the sanctions regime, which is essentially based on EU and UN sanctions, Austria also has its own export control regime. The legal basis for this is the AußWG. Essential areas of regulation of the AußWG are:
■ export control, in particular concerning export, transit, brokerage of defence and dual-use products (accompanying provisions of Regulation (EC) no 428/2009) and the provision of technical assistance for military end-use;
■ control of the movement of defence-related products within the EU for the implementation of Directive 2009/43/EC; and
■ control of takeovers of Austrian companies by persons or companies from third countries (outside the EU, EEA, Switzerland): approval is only required for the takeover of companies in certain sectors that are subject to the accounting requirements of the Austrian Commercial Code if a voting interest of at least 25 per cent or a controlling influence is acquired in these companies. The assessment criteria refer to the impact of the takeover on security of supply.
2.11 Does your jurisdiction have blocking statutes or other restrictions that prohibit adherence to other jurisdictions' sanctions or embargoes?
No. This is regulated on an EU basis.
2.12 Does your jurisdiction impose any prohibitions or threaten any sanctions consequences for transactions that do not have a connection to that jurisdiction (sometimes referred to as "secondary sanctions")?
3. Implementation of Sanctions Laws and Regulations
3.1 What parties and transactions are subject to your jurisdiction's sanctions laws and regulations? For example, do sanctions restrictions apply based on the nationality of the parties involved? Or the location where the transactions take place?
3.2 Are parties required to block or freeze funds or other property that violate sanctions prohibitions?
The OeNB's implementation measures mainly affect banks, which are responsible for freezing the accounts and credit balances concerned.
3.3 Are there licences available that would authorise activities otherwise prohibited by sanctions?
If it does not oppose the purpose of the sanctions, the OeNB may grant specific authorisations, in particular for the use of frozen funds or making assets available for essential human needs, and furthermore for payments of taxes, compulsory insurance premiums and fees for public utility services such as gas, water, electricity and telecommunications and payments of claims originating before the adoption of sanction measures. Requests for authorisation shall be made to the OeNB.
3.4 Are there any sanctions-related reporting requirements? When must reports be filed and what information must be reported?
In the exercise of their functions, the Federal Minister of the Interior and the OeNB shall be entitled to request the necessary information and notifications from natural and legal persons and from other entities possessing legal personality, and to identify and process data; this right also includes the power to consult on-site books, documents and computer data carriers and to duplicate them. If the information or documents provided are insufficient, or if there is reasonable doubt concerning the accuracy or completeness of the information or documents, the Federal Minister of the Interior and the OeNB shall be entitled to request respective explanations or evidence.
3.5 How does the government convey its compliance expectations? Are certain entities required to maintain compliance programmes? What are the elements of a compliance programme required (or recommended) by the competent regulator(s)?
Criminal Enforcement
4.1 Are there criminal penalties for violating economics sanctions laws and/or regulations?
There exist both administrative penal (verwaltungsstrafrechtliche) provisions and criminal penal (strafrechtliche) provisions. Administrative penal fines are imposed by public authorities and not by courts, and are normally lower than criminal penalties, although detention measures are the exception. These criminal and administrative penal provisions are set out in Sec 11 et seq. of the SanktG and are generally applicable in case national measures implementing sanctions have been breached. Administrative penal sanctions are similar to those understood as "civil penalties" or "civil fines" in the UK or US.
4.2 Which government authorities are responsible for investigating and prosecuting criminal economic sanctions offences?
The prosecution of criminal offences is the responsibility of the public prosecutor's offices (Staatsanwaltschaften). The prosecution of administrative offences is the responsibility of the local district administrative authority (Bezirksverwaltungsbehörde) or, if available, the Landespolizeidirektion.
4.3 Is there both corporate and personal liability?
Criminal penal provisions in Austria are basically only applicable to natural persons. However, some years ago the concept of corporate responsibility for criminal conduct of associations (Verbände) was introduced to the Austrian legal system, and is regulated by the Act on Corporate Criminal Liability (Verbandsverantwortlichkeitsgesetz – "VbVG"). Pursuant to the VbVG, legal entities can be held responsible and fined for criminal offences which have been committed in favour of the legal entity or are attributable to the legal entity by the misconduct of its management.
As to administrative offences, corporate liability does not exist. In administrative criminal law, the persons appointed to represent the company externally, i.e. the management, are punished. Legal entities, however, are jointly and severally liable for the penalties imposed on management.
4.4 What are the maximum financial penalties applicable to individuals and legal entities convicted of criminal sanctions violations?
The fines for administrative offences are up to EUR 50,000 per offence. The attempt is also punishable. In the case of a criminal penal provision, the offender is to be punished with a prison sentence of up to one year or a fine of up to 360 daily rates. The amount of the daily rates depends on income.
4.5 Are there other potential consequences?
The integrity of the person concerned will be verified for the purpose of carrying out certain economic activities or for the performance of certain management functions. This applies not only to certain sensitive trades (sensible Gewerbe) but also to the managers (Geschäftsleiter) of a bank. Persons who have been punished for infringements under the SanktG could therefore lack the reliability to carry out certain occupations: the function of a managing director under trade law (gewerberechtlicher Geschäftsführer); or the managing director of a bank. In award procedures under EU and Austrian public procurement law, the reliability of the management of a bidder is also checked, and there could be a risk of exclusion from the award procedure if a member of management was punished for violating sanctions.
Civil Enforcement
4.6 Are there civil penalties for violating economics sanctions laws and/or regulations?
See our answers to questions 4.1 to 4.5. Civil penalties can be compared to "administrative penal sanctions" or "administrative fines" in Austria.
4.7 Which government authorities are responsible for investigating and enforcing civil economic sanctions violations?
4.9 What are the maximum financial penalties applicable to individuals and legal entities found to have violated economic sanctions?
4.10 Are there other potential consequences?
4.11 Describe the civil enforcement process, including the assessment of penalties. Are all resolutions by the competent authorities public?
Decisions of the authority on administrative penalties are not public. Judicial criminal proceedings are open to the public, but first instance judgments are not published. Decisions of administrative courts (Verwaltungsgerichte – the administrative penalty imposed by the authority may be challenged before an administrative court) and courts of appeal (Berufungsgerichte) (concerning judicial offences) are published anonymously on the internet.
4.12 Describe the appeal process. Have companies challenged penalty assessments in judicial proceedings?
So far, no case law is available in Austria.
4.13 Are criminal and civil enforcement only at the national level? Is there parallel state or local enforcement?
In Austria, the federal provinces have no regulatory power with regard to sanctions.
4.14 What is the statute of limitations for economic sanctions violations?
For administrative offences, a statutory limitation period of 18 months applies. For criminal offences, a statutory limitation period of three years applies.
5.1 If not outlined above, what additional economic sanctions-related measures are proposed or under consideration?
Even if these are not "economic sanctions-related measures" in the narrower sense, the "legal fate" of civil law contracts must be mentioned as a possible negative side effect of sanctions. The Austrian legal system does not contain any explicit provisions in this regard.
■ In Austrian civil law (Sec 879 of the Austrian General Civil Code – Allgemeines Bürgerliches Gesetzbuch – "ABGB"), however, there is a provision setting out that contracts that violate legal prohibitions are null and void, or at least floating void. However, there is no case law as to whether sanctions are such a "legal prohibition".
■ In addition, one could also consider whether contracts that violate sanctions are impossible within the meaning of Sec 878 ABGB because they may not be fulfilled, and therefore a withdrawal from the contract is possible.
■ Furthermore, many contracts contain a force majeure clause. The adoption of international sanctions can be qualified as force majeure. Therefore, such a force majeure clause will give the parties the right of withdrawal from the contract or at least the freedom from performance.
■ Finally, in the case of continuing obligations, there is a generally accepted legal principle in Austria that a contracting party can terminate such a continuing obligation for important reasons (i.e., if it becomes unreasonable for a contracting party to continue the contractual relationship).
However, there are a few relevant provisions in the SanktG:
■ Sec 2 para 2 no 6 of the SanktG stipulates that the Federal Government may, by ordinance or administrative decision, order exemption from the obligation to fulfil civil law claims if their fulfilment could impair the effectiveness of UN or EU sanctions. On the contrary, at least with respect to existing contracts, one could argue that contracts are not null and void from the outset according to Sec 879 or impossible according to Sec 878 ABGB, but that it is always important whether their fulfilment endangers the purpose of the sanctions. However, there is no relevant case law in Austria on this subject.
■ A further provision which refers to the fulfilment of civil law claims can be found in § 5 SanktG. Accordingly, in connection with civil law claims pursuant to the aforementioned Sec 2 para 2 no 6 of the SanktG, it rests with the person asserting the civil claim to submit evidence that the compliance with a contract or other legal transaction was not affected by the sanction.
■ Additionally, a person fulfilling a civil claim, although not required to do so pursuant to Sec 2 para 2 no 6, cannot derive third party claims from it, unless the person complied involuntarily or neither knew nor had to know that the claim was not to be complied with pursuant to Sec 2 para 2 no 6.
■ Like in Art 6 of EU Regulation no 881/2002, there exists a similar provision in the SanktG. Damages for the delay of or non-compliance with a contract or other legal transaction cannot be claimed if such delay or non-compliance is based on a negligent lack of knowledge that a person or entity is not affected by a legal act pursuant to Sec 2 of the SanktG.
5.2 Please provide information for how to obtain relevant economic sanctions laws, regulations, administrative actions, and guidance from the Internet. Are the materials publicly available in English?
The Legal Information System of the Republic of Austria (Rechtsinformationssystem – "RIS"), which can be accessed online at www.ris.bka.gv.at, serves to publish the federal law and the law of the provinces. It also serves to provide information on federal and state law and provides access to EU law, case law, etc.
Some Austrian laws have also been translated into English and can be accessed in the RIS like the SanktG. However, these translated laws are not always up to date – this is also the case with the SanktG. Furthermore, it should be noted that only the German version is the authentic and thus binding version.
One can enquire about current law projects and draft laws as well as about relevant appraisal procedures on the homepage of the Austrian parliament at www.parlament.gv.at. Here, you can also find explanatory materials on the laws and the decrees of the National Council (see also question 2.10).
See also question 2.6. The OeNB also publishes interpretations and practical information.
Bernhard Müller
DORDA Rechtsanwalte GmbH
Dominik Widl
Other Austria Chapters
We found the guide very interesting.
Isabelle Schmit, Attache de Direction - COMMISSION DE SURVEILLANCE DU SECTEUR FINANCIER, Luxembourg