Monthly Archives: September 2021

States rights and the Constitution: What rights do states have? | Opinion – Deseret News

Posted: September 24, 2021 at 10:36 am

Editors note: In his April 4 address at the general conference of The Church of Jesus Christ of Latter-day Saints, President Dallin H. Oaks spoke of his belief that the United States Constitution contains at least five divinely inspired principles: popular sovereignty, the separation of powers, federalism, individual rights and the rule of law. This essay is the third in a five-part series that will address each of these principles.

An entire region felt itself besieged. The cards of power seemed stacked against a tiny, beleaguered cluster of states. Federal policy, pursued by a president from another part of the country, was wrecking the regions interests. Some of the regions leading statesmen held a convention to coordinate a united response. Firebrands talked of secession. The regions handful of states, they insisted, might abandon the American Union and forge a regional confederacy all their own.

The year was 1814, not 1860, and the place was Hartford, Connecticut, not Charleston, South Carolina. The aggrieved partisans were New England Federalists enraged by James Madisons war with England, not Southern Democrats alarmed by Abraham Lincolns election. Fortunately for the country, the threat of secession from the Hartford Convention of December 1814 was not serious. The firebrands were swiftly sidelined. Wiser heads prevailed. In time, news of Gen. Andrew Jacksons victory at the battle of New Orleans vindicated President Madisons administration of the War of 1812 and made the Hartford delegates look disloyal. But for a brief moment, a band of northern discontents had flown the flag of sovereign states rights.

States rights is a phrase with baggage. For some, it has a dishonorable past and a malodorous smell. Its banners were hoisted by defenders of slavery in the 19th century and by champions of segregation in the 20th century. To many modern ears, talk of states rights has the ring of a racist dog whistle.

This response is understandable, but three qualifications are in order.

The first is that states rights, from the very beginning, was a two-edged sword. Yes, some Southerners invoked states rights to protect slavery, but other Southerners including James Madison and Thomas Jefferson invoked states rights to denounce the Sedition Act of 1798, a flagrant violation of the First Amendment, and Northern abolitionists invoked the principle to protest federal fugitive slave laws.

By contrast, defenders of slavery were only fair-weather proponents of states sovereignty. Their invocations of states rights were opportunistic and unprincipled. Whenever a question arose of extending or protecting slavery, observed the eminent historian Henry Adams, the slaveholders became friends of centralized power. States rights was then the mantra of the free states; Massachusetts appealed to this protecting power as often and almost as loudly as South Carolina. In other words, nothing about states rights was ever inherently pro-slavery.

The second clarification is that assertions of states rights are least persuasive when individual constitutional rights are at play. Madison presciently predicted that the greatest threat to individual freedoms would come from the states, not the federal government. Our early history proved Madison right, and the framers of the 14th Amendment responded by barring the states from infringing fundamental rights or from treating citizens unequally. Lamentably, subsequent Supreme Court decisions betrayed the 14 Amendments original promise. (Plessy v. Ferguson, which approved the odious principle of separate but equal, is only the most notorious example.) But by its plain terms, the 14th Amendment already barred the abhorrent practices that 20th-century segregationists defended by spuriously asserting states rights.

The final qualification is that states rights is a misnomer. The Constitution doesnt grant rights to the states in the same way it grants rights to individuals. There is no states rights clause. Yes, the 10th Amendment makes explicit what the Constitutions entire structure implies: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. But this is quite different from an affirmative grant of power or a positive protection of rights. Under the 10th Amendment, states powers are residual. The amendment operates by subtraction. By its terms, state governments wield only those powers that the people have neither granted to the federal government nor retained for themselves. State power begins where federal power ends.

The boundary between the two is blurry. The dividing line is fiercely contested and always has been. But wherever one draws the line, it makes more sense to talk about federalism (the balance of power between the federal government and the states) or state autonomy (constitutional limits on the federal governments power to curb or constrain states) than to revive a fraught phrase like states rights.

Fair enough, you might say. But what exactly is the nature of federalism under the Constitution? What are the precise contours of state autonomy?

Here history helps. In 1789, when George Washington swore the oath of office as president of the United States, the federal government was tiny. Washington oversaw a much larger staff as a planter presiding over Mount Vernon than as president presiding over the executive branch.

Today things look very different. The federal government employs more than 2 million civilian workers and disposes of a budget that tallies in the trillions of dollars. Todays central government is a colossus of unprecedented scope. It resembles Behemoth and Leviathan, the legendary beasts of the Bible.

Unsurprisingly, the federal governments activities have expanded with its size. Over time, this growth has raised persistent questions about the scope of federal power. For the most part, federal power has been a one-way ratchet. With the Supreme Courts (occasionally reluctant) approval, the federal government has penetrated more and more spheres of American life. There are few signs that this expansion will slow soon.

This leads some to cheer and others to jeer. Even skeptics of federal power should acknowledge that the original Constitution created a central government of extensive powers. The Constitution empowered the federal government to tax and to spend, to raise armies and wage war, to regulate commerce and preempt conflicting state laws. It also conferred power to pass all laws necessary and proper to the exercise of enumerated powers. Federal powers are thus implied as well as explicit. They reach means as well as ends.

These principles were codified in landmark decisions by Chief Justice John Marshall during the 1810s and 1820s. But it wasnt until the middle decades of the 20th century that the modern administrative state truly strained all substantive limits on federal power.

The hero (or villain) of this story is the commerce clause, which allows Congress to regulate Commerce ... among the several States. The Supreme Court has always understood this language expansively, but in the aftermath of Franklin Roosevelts New Deal, the commerce power assumed unprecedented scope.

In 1942, in the case of Wickard v. Filburn, the Supreme Court unanimously approved an agricultural regulation that capped how much wheat a farmer could produce even though the farmer in question grew wheat only to feed his livestock and family. Although farmer Filburns wheat never left his home state (or indeed, his own farm), the justices reasoned that any wheat grown anywhere in the country could affect the price of wheat in the interstate market. Even private production for home consumption was therefore part of interstate commerce, and Congress could validly regulate it.

The Wickard case gave Congress and regulators a green light, and they pressed the gas with gusto. The next 50 years witnessed what one scholar called the rise and rise of the administrative state the growth and growth of federal power. I sometimes call it, mixing metaphors, the Death Star Pac-Man Commerce Clause.

For one brief period, the Supreme Court ruled that Congress still couldnt regulate the states as states couldnt, for instance, control how states treat their own employees but the justices soon changed course, ruling that the states recourse against federal overreach lay not with the courts but with the political process. States could resist federal encroachment mostly by electing senators willing to hold the beast at bay.

Around the end of the 20th century, and to the astonishment of many constitutional scholars, the court renewed its commitment to limiting federal power. In a series of landmark judgments, the court ruled that Congress cannot invoke the commerce clause to regulate noneconomic activity (such as gun possession) or to compel economic activity (such as purchasing health insurance). The justices affirmed limits on when states can be sued, and they ruled that Congress cannot require states to pass laws or enforce federal legislation. Nor, the court held, can Congress attach conditions on federal funding to states so drastic that they amount to coercion.

These were all important decisions, though their overall practical impact was modest. Other recent decisions including expansive readings of the commerce clause to allow federal regulation of private drug consumption, as well as a sweeping interpretation of the necessary and proper clause have pointed in the opposite direction.

The current court seems sympathetic to concerns about state autonomy, but no court decision is likely to significantly limit federal power. The real check on federal encroachment remains a political check. Concerned citizens should vote for candidates committed to state autonomy. Alarmed state officials should refuse to enable the federal juggernaut even when it offers them goodies. Worried states should be wary of bureaucrats bearing federal subsidies.

But how worried should we be? Indeed, why should we care about federalism at all?

We should care about federalism, for one thing, because the Constitution commands it. As Chief Justice Marshall observed long ago, the enumeration (of constitutional powers) presupposes something not enumerated. Fidelity to the Constitution demands meaningful outer limits on federal power.

More pragmatically, we should care about state autonomy because autonomous states can experiment. Nearly 90 years ago, Supreme Court Justice Louis Brandeis noted how a single courageous State may ... serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. Allowing individual states to serve as laboratories for democracy would, Brandeis believed, allow the rest of the country to see what works and what doesnt. As states experiment and learn from one another, governance improves everywhere.

Finally, federalism lowers the stakes of national politics. Although most Americans identify as Americans first and state citizens second, variation among the states particularly cultural variation remains significant and sometimes stark. Utah and Connecticut are very different places as are Massachusetts and Mississippi, Texas and Vermont. Apart from a crucial core of fundamental rights enshrined in the Constitution itself, there is no need for a one-size-fits-all, national solution to every issue under the sun. The scalding temperature of our national politics would drop dramatically if, on a host of issues, the federal government (including the federal judiciary!) would allow the states to live and let live. (States, of course, should allow one another the same privilege.) As things stand, partisans of all stripes scream for a federal response to virtually every divisive issue.

Sometimes, to be sure, partisans rediscover the virtues of federalism after failures in national elections. They like local solutions when they lack national power. We are all federalists, I once heard a wise judge say, when we are losing.

I believe that we should all be federalists at all times win or lose, rain or shine, whoevers foot now bears the boot, whoevers ox has just been gored. We should be federalists as a matter of constitutional principle and prudent policy. When power is devolved to the government units closest to questions of concern and most capable of resolving them, Americans receive an unparalleled, experiential education in the art of self-government. And the ties that bind us together as a union will be stronger if we dont strain or snap them in the quixotic pursuit of ideological purity and national conformity. Within proper limits, federalism makes for better governance, calmer national politics, and brighter prospects for government of the people, by the people, and for the people.

Justin Collings is a professor at Brigham Young University Law School and a fellow at the Wheatley Institution.

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COVID-19 and Federalism in India: Capturing the Effects of State and Central Responses on Mobility – DocWire News

Posted: at 10:36 am

This article was originally published here

Eur J Dev Res. 2021 Sep 15:1-30. doi: 10.1057/s41287-021-00463-4. Online ahead of print.

ABSTRACT

In response to the rapidly spreading COVID-19 pandemic, governments resorted to containment and closure measures to reduce population mobility and ensure social distancing. Initially, Indias state governments enacted varying social-distancing policies until the Central government overrode states to impose a nationwide lockdown on 24th March. This paper examines the relative impact of state- and central-level social-distancing policies on changes in mobility, comparing the periods before and after the national lockdown. A district-level panel dataset is formed, compiling data on social-distancing policies and changes in population mobility patterns. Panel regressions reveal that the incremental effect of each social-distancing policy varied across states in the pre-24th March period. The national lockdown led to much larger, though varying, reductions in mobility across all states. Overall, states which were able to achieve higher compliance in terms of reducing mobility in the pre-lockdown phase performed better in the national lockdown.

SUPPLEMENTARY INFORMATION: The online version contains supplementary material available at 10.1057/s41287-021-00463-4.

PMID:34539098 | PMC:PMC8441042 | DOI:10.1057/s41287-021-00463-4

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COVID-19 and Federalism in India: Capturing the Effects of State and Central Responses on Mobility - DocWire News

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Opinion/Conley: RI’s noble reasons for resisting the Constitution – The Providence Journal

Posted: at 10:36 am

Patrick T. Conley| Guest columnist

Patrick T. Conley is Rhode Island'shistorian laureate and past president of the U.S. Constitution Council.

Sept. 17 was Constitution Day the date in 1787 on which the U.S. Constitution was approved by delegates to the Philadelphia Convention.

Although Rhode Island was among the first in the movement for independence, it was undeniably last in peace. Its strong local doctrines and traditions religious freedom, church-state separation, democracy, federalism, and local autonomy kept the newly-independent state from attending a constitutional convention in Philadelphia a gathering that might replace one strong, remote central government, just deposed by war, with another.

Rhode Island quickly ratified the nations first constitution, the Articles of Confederation. That document exalted state sovereignty and created a weak central government with little coercive power or financial resources. The Articles gave each state a veto on legislation, and Rhode Island exercised its veto early by opposing the proposed Impost, or Tariff, of 1781, a measure that would have given the central government a significant source of revenue.

When the so-called Founding Fathers properly moved to strengthen the central government via a convention called merely to amend the Articles, Rhode Island declined to attend. When that 1787 Convention produced a new Constitution (thanks to James Madison), Rhode Island refused to ratify it. One reason for Rhode Islands obstinacy was purely local. In 1786, an agrarian political uprising led by Jonathan Hazard of Charlestown placed the Country Party in power. Their campaign was based upon the promise to relieve debtor farmers who were in danger of losing their property for non-payment of taxes on land imposed by the merchant-controlled legislature to pay the principal and interest on state and national war bonds held mostly by these merchants.

The Country Party immediately authorized the issuance of 100,000 of paper money that could be borrowed by the farmers and secured by their land. With that money, which was legal tender, they could pay their public and private debts.

The new Constitutions Article I, Section 10 prohibited the states from issuing paper money, so Rhode Islands rural-dominated General Assembly waited until the currency plan had run its course and achieved its intended effect.

But Rhode Island had more noble reasons for resisting the new Constitution: (1) it lacked a Bill of Rights; (2) it thrice gave assent to slavery in Article I, Section 2, the Three-fifths Clause, relating to representation in the House; in Article I, Section 9, the 20-year moratorium on any federal law banning the foreign slave trade; and in Article IV, Section 2, the Fugitive Slave Clause; (3) it threatened state sovereignty; and (4) it specified the use of a convention rather than a popular referendum for ratification.

In defiance of the convention directive, Rhode Island held its own referendum in March 1788. With the Constitutions supporters, called Federalists, boycotting the balloting, the proposed basic law was rejected by a vote of 2,714 to 238 a margin of 11 to 1.

Ultimately, under strong federal and internal pressure, the Rhode Island legislature authorized a ratifying convention in January1790 by a 1-vote margin. The first session met at South Kingstown in March and adjourned until May after offering 36 amendments to the new basic law.

Enraged Federalists threatened Rhode Island with tariffs and made other financial demands, and Providence threatened to secede from the state if ratification did not occur. This pressure brought compliance.On May 29, 1790, Rhode Island ratified the Constitution by a vote of 34 to 32, the narrowest margin of any state. This approval was accompanied by 21 suggested amendments to that founding document.

When one considers the basis of Rhode Islands disapproval of the original Constitution resistance to a possibly unrestrained central government; concern for the sovereignty and integrity of the states in the spirit of true federalism; solicitude for individual liberty, especially religious freedom; opposition to slavery and the incidents of servitude; and concern for democratic participation via referendum in the Constitution-making process perhaps Americans might ask not why it took a state that Federalists called Rogues Island so long to join the Union, but rather why it took the Union so long to join Rhode Island. The future course of American history has vindicated Rhode Islands obstinacy and resistance.

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M&A in Microsoft Channel: Progress Acquires Kemp – Redmond Channel Partner

Posted: at 10:36 am

News

Longtime Microsoft partner Progress Software, a maker of digital experience management (DEM) solutions with a robust partner program, is acquiring another Microsoft partner in Kemp Technologies.

Announced by the two companies on Thursday, the deal is expected to close next month (pending regulatory approval) and run Progress $258 million in cash. It's part of Progress' stated strategy to double its size within five years through M&A.

"The acquisition of Kemp...furthers our total growth strategy and will enable us to add scale and cash flow, creating significant shareholder value," said Progress CEO Yogesh Gupta, in a statement.

Progress is the maker of Sitefinity, a content management system that runs as a platform-as-a-service (PaaS) on Microsoft's Azure cloud. It also makes NativeChat, which helps developers build chatbot functionality into sites and applications. Other Progress products are in the realms of data connectivity, UI/UX development, infrastructure monitoring and application availability. It's also the steward of the Chef software automation product for DevOps, having acquired it one year ago this month. Progress' partner program has over 2,000 enrolled members, according to the company, servicing over 70,000 organizations.

The acquisition of Kemp will help Progress improve its products "to develop, deploy and manage high-impact applications," Gupta said.

Kemp makes a line of load-balancing solutions, as well as network monitoring, behavior analysis and threat-detection products. Combined, they provide what Progress called "Application Experience Management (AX)" capabilities to its existing offerings.

"These capabilities complement Progress offerings, such as WhatsUp Gold, a market leader in easy-to-use network management," Gupta said. "Combined, they will offer the best application experience solution in the market."

In a separate blog post, Gupta noted that the flood of remote workers since the pandemic began last year has forced organizations to accelerate their digitazation projects and revamp "their total infrastructure, cloud capabilities, security practices and more."

"This acquisition strengthens our capabilities in these critical areas," he said.

Gupta also noted the benefits to Progress of inheriting Kemp's channel partners.

"Kemp also has a thriving partner ecosystem, which complements our channel and is one that we will nurture and grow," he said. "Partners will benefit by being able to deliver a broader portfolio of Progress products to their customers, and will be able to leverage Progress Accelerate, our award-winning channel partner program."

Kemp CEO Ray Downes concurred, saying in a statement that the acquisition will "provide great benefit to our customers and partners."

About the Author

Gladys Rama (@GladysRama3) is the editor of Redmondmag.com, RCPmag.com and AWSInsider.net, and the editorial director of Converge360.

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Progress and new challenges on the international travel front – Yahoo News

Posted: at 10:36 am

Credit where credit is due: The Biden administrations decision to end the ban on travel by non-citizens/permanent residents from the European Schengen area, Ireland, the United Kingdom, China, India, Brazil, Iran, and South Africa is a very good one.

As I suggested in a recent blog post, the administration will replace this flat-out ban with a vaccine and testing requirement that will presumably start applying when the current restrictions end, in November. Unlike the previous regime, this system is coherent and defensible on public-health grounds, as it facilitates entry by low-risk travelers over entry by higher-risk travelers.

In fact, it would not be crazy to apply a similar requirement to domestic air travel. On a press call on Monday, White House Coronavirus Response Coordinator Jeff Zients said that the White House had not ruled out such a move.

The new, stricter regime for travelers who pose significant public health risks does, unfortunately, mean that billions of people in countries with limited access to vaccines, including practically all of Africa, will effectively and indefinitely be barred from travel to the US.

While the administration may not be willing to apply a mere testing requirement to travel from such countries, it could work with airlines and local authorities to make vaccines available to potential travelers, especially those with immigrant, student, and work visas.

The stark differences in vaccine availability in different parts of the world also highlights, once again, the importance of prioritizing global vaccination efforts. IMF economists Ruchir Agarwal and Gita Gopinath have estimated the cost of a comprehensive effort to vaccinate the world at around $50 billion. Even setting aside the humanitarian considerations, their calculations suggest that the returns on this investment would include $1 trillion dollars in additional tax revenue for advanced economies alone. A no-brainer, but efforts so far have been lackluster.

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Progress Announces Third Quarter 2021 Financial Results – Yahoo Finance

Posted: at 10:36 am

Q3 Revenue and EPS Significantly Ahead of GuidanceFull Year 2021 Guidance Raised Again

BEDFORD, Mass., Sept. 23, 2021 (GLOBE NEWSWIRE) -- Progress (NASDAQ: PRGS), the leading provider of products to develop, deploy and manage high-impact business applications, today announced financial results for its fiscal third quarter ended August 31, 2021.

Third Quarter 2021 Highlights:

Revenue of $147.4 million increased 34% year-over-year on an actual currency basis, and 33% on a constant currency basis.

Non-GAAP revenue of $152.6 million increased 38% on an actual currency basis, and 36% on a constant currency basis.

Annualized Recurring Revenue (ARR) of $444 million increased 25% year-over-year on a constant currency basis.

Operating margin was 31% and Non-GAAP operating margin was 47%.

Diluted earnings per share was $0.70 compared to $0.53 in the same quarter last year, an increase of 32%.

Non-GAAP diluted earnings per share was $1.18 compared to $0.78 in the same quarter last year, an increase of 51%.

Were very pleased to announce Q3 results that significantly beat our previous guidance for revenue and earnings, and were raising 2021 guidance for the third time this year, said Yogesh Gupta, CEO at Progress. We also announced the signing of a definitive agreement to acquire Kemp, a leader in the Application Experience (AX) space. Kemp meets all our acquisition criteria, fits perfectly with our total growth strategy, and brings a very talented team to Progress.

Additional financial highlights included(1):

Three Months Ended

GAAP

Non-GAAP

(In thousands, except percentages and per share amounts)

August 31,2021

August 31,2020

%Change

August 31,2021

August 31,2020

%Change

Revenue

$

147,417

$

109,699

34

%

$

152,597

$

110,882

38

%

Income from operations

$

46,046

$

33,193

39

%

$

71,163

$

47,117

51

%

Operating margin

31

%

30

%

100 bps

47

%

42

%

500 bps

Net income

$

30,976

$

23,977

29

%

$

52,577

$

35,605

48

%

Diluted earnings per share

$

0.70

$

0.53

32

%

$

1.18

$

0.78

51

%

Cash from operations (GAAP) /Adjusted free cash flow (Non-GAAP)

$

35,224

$

31,112

13

%

$

35,022

$

30,101

16

%

(1)See Legal Notice Regarding Non-GAAP Financial Information

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Other fiscal third quarter 2021 metrics and recent results included:

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Progress made, slowly but thoughtfully, in taking school discipline out of the hands of cops | Editorial – Chicago Sun-Times

Posted: at 10:36 am

Uniformed police officers, for a host of reasons, should not be posted in public schools.

Thats been our view for a few years now, and well continue to argue the point for as long as there are cops in the halls of any Chicago public elementary or high school.

But wed like to recognize today the progress thats been made on this issue and the thoughtful manner in which the debate has played out, even as we urge those who agree with us that there are better alternatives to cops cracking down on 12-year-olds to keep on pushing.

If we know anything as an editorial board, it is that change works best from the ground up, with new ways of thinking preceding new laws and policies. This takes time. So, with that humbling thought in mind, we find it heartening that at least a small number of CPS schools in the last couple of years have voted to remove all full-time police officers and more heartening still dozens of other schools have developed plans for alternatives to blunt police discipline.

These schools are working to create safer student environments, physically and emotionally, whether that includes the presence of a full-time police officer or not. They are pushing the sensible stand, for example, that a students encounter with a police officer should rarely, if ever, lead to criminal charges and the lifelong burden of a criminal record.

That would seem to be the bare minimum for slowing our nations infamous, and very real, school-to-prison pipeline.

We are seeing the beginning of a healthy shift in thinking about school discipline, and advocates for removing uniformed officers from school buildings deserve much of the credit. They are being heard.

On Wednesday, as reported by Nader Issa of the Sun-Times, the Board of Education voted to renew an agreement with the Chicago Police Department to assign officers to schools those schools that want them at a cost of $11.1 million.

But it was a divided vote, 4 to 2, with the two dissenting board members saying they could not support any policy that allows for officers in any school. They stuck to that view even though the board also shifted $3.2 million of money previously spent on police officers to other more holistic approaches to school security, such as hiring more counselors and involving student peer groups in restorative justice programs.

Had we a vote on the board, we likely would have sided with the two dissenters, Elizabeth Todd-Breland and Luisiana Melendez. Their fundamental objection, that the presence of cops in schools every day seems to lead almost inevitably to a disproportionate policing of Black students, is true. And we, like Todd-Breland and Melendez, would have preferred a district-wide ban.

Too often, as weve written before, the kind of teenage misbehavior that might lead to counseling at a good suburban school is treated as a criminal matter in a city public school. This has been true particularly for Black students, who comprise only about 36% of all CPS students yet are the subject of 66% of all police notifications.

The impact is lasting. It can be devastating. A 2018 study, from the University of California at Los Angeles, found that putting police into Texas schools led to a decline in graduation and college enrollment rates.

Yet we remain optimistic. It is good news that 42 police officers, so far, have been removed from school buildings. We respect the work of those officers but believe they can be of greater service working the streets outside those schools.

And it is good news or so we hope that the school districts incoming CEO, Pedro Martinez, has expressed reservations about school police.

At a recent news conference, Martinez said cops should never be used to carry out school discipline, a very welcomed view. He also said CPS should consider creating its own highly specialized police force, one that knows how to work well with children, which we find to be a less appealing idea.

Well take more counselors, social workers and teachers, as well as an entirely new way of thinking about school discipline, every time.

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Roku is making progress with a key growth aim, analyst says in upgrade – MarketWatch

Posted: at 10:36 am

Roku Inc. might not quite be ready for world domination, but its international progress is drawing cheers.

The streaming-media company recently announced that it would be making its devices available in Germany later this year, in what Guggenheim analyst Michael Morris sees as an upbeat signal of the companys prospects given Germanys status as the largest broadband market in Western Europe. Roku ROKU, -4.36% already has a hardware presence in the U.K.

Morris upgraded Rokus stock to buy from neutral Thursday, in part due to his rosier view of the companys international-expansion aims. We believe that incremental market launches become easier (though not necessarily easy) as key large markets are established, he wrote in response to the Germany and U.K. moves. Morris expects that Roku can accelerate the pace of international growth, which in turn would help to expand its market opportunity.

International growth could be key for Roku, which fell short of expectations with its active-account growth during the most recent quarter. Roku benefited from growing interest in streaming during the pandemic, but the opportunity may be dwindling with many Americans already connected to streaming hardware.

Morris continues to be optimistic about the power of streaming and Rokus ability to be a primary beneficiary of the shift in advertising dollars over to connected television. Roku seems to be working with advertising partners in creative ways to leverage its audience insights, Morris wrote. He views the potential for additional targeted marketing partnerships and expanded advertising tools to be underappreciated.

Morris set a $395 price target on Roku shares, which gained 3% in Thursday trading following the upgrade. His target implies roughly 18% upside from current levels.

Shares of Roku have declined about 21% over the past three months as the S&P 500 SPX, -0.07% has risen roughly 5%.

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WGSN 2023 beauty big ideas to shape industry include progress, wellbeing and tech – CosmeticsDesign-Europe.com

Posted: at 10:36 am

The COVID-19 pandemic morphed and accelerated beauty and personal care trends over the last 18 months and dramatically shifted shopper habits and consumer expectations. And trend forecasting firm WGSN said there were some important big ideas on the horizon for beauty in 2023.

At WGSNs online Beauty Live event last week, Jenni Middleton, director of beauty at WGSN, outlined the five ideas set to shape industry over the next two years: push for progress; embracing frugality; mastering wellbeing; tech-ceptance; and intentional community.

As we put the turmoil of the pandemic behind us and economies return to growth, consumers want brands to act on the lessons of 2020 and 2021. Brands and retailers must seize the opportunity to reset or be held accountable as the beauty industry recreates itself as more ethical, inclusive and sustainable, Middleton told attendees.

The first big idea set to shape beauty over the next two years, she said, was a push for progress amongst consumers. Collective activism has increased. A brand that doesnt participate positively wont participate at all as beauty consumers look to invest in products that support their needs and the needs of others.

For industry, this meant it would be important brands and retailers stood for something other than the bottom line and designed and developed products that helped heal the world, boosting biodiversity and leaving no footprint behind, she said.

French hair care brand Klorane, for example, had developed a biodegradable detox shampoo using aquatic mint that didnt contaminate water, she said, tapping into regenerative design that would soon become the beauty norm. Este Lauders skin care brand Aveda was also tracking its vanilla bean ingredients and Unilever using AI and geo-space analytics to map out where they were sourcing raw materials from, she said, which would become increasingly important to become more trusted.

Now is the time for progressive progress, Middleton said.

The second big idea set to influence industry, she said, was a consumer shift to embracing frugality. Income and security in recession will have been experienced by many by the time we reach 2023, leading consumers to rethink priorities and ideas. Consumers will be looking to buy products that they know work, and theyll be seeking evidence from brands to prove that.

Many consumers will look to buy less and streamline beauty routines, she said, leading to a need for hybrid products blurring the lines, though, importantly, this didnt mean they would necessarily be spending less or simply looking for cheap options.

LA indie brand Live Tinted with its multi-use Huestick Corrector, for example, was tapping into this mindset, she said, as was UK skin care firm Frances Prescott with its facial tri-balm. Similarly, US sunscreen specialist Supergoop was plugging hybrid needs with its SPF 40 facial serum packed with skin care ingredients, she said.

Value will be increasingly equated with efficacy and efficiency. Products with proven results will be the new measure of value for money, irrespective of the price tag, Middleton said.

The third big idea important for beauty in 2023, she said, would be mastering wellbeing. The trauma of the pandemic and ensuing recession will see consumers in many parts of the world assessing their emotional and physical status with a new understanding on how the two are linked and how they contribute to overall health and wellbeing. People will be seeking products, activities and environments that help better regulate mood.

For industry, this meant designers and developers would need to account directly for these needs and think carefully about how to link beauty products with mental wellness. Happy beauty, she said, would also gain importance as a concept.

New York active beauty specialist The Nue Co. with its unisex anti-stress fragrance Forest Lungs was targeting wellbeing well, she said, and UK makeup brand Trinny London was incorporating mood-boosting ingredients into its cosmetics, plugging the happy beauty idea. In the spa category, luxury UK skin care brand Elemis had also designed a touchless treatment for consumers looking to relax out-of-home in a safe and hygienic way, she said.

Beauty brands will need to behave like health and wellness brands, developing products and treatments that help mental wellbeing, Middleton said.

The fourth big beauty idea set to influence the next two years, she said, was tech-ceptance the concept of increasing consumer acceptance of technology in beauty and personal care. Whilst the tumultuous start of 2020 demanded beauty focused on phygital, the next wave of scientific advances will refocus on beauty basics, going beyond AR and VR to engineer new ingredients that are safe and sustainable with enhanced potency and improved delivery methods.

For formulators, this presented a wealth of opportunity to incorporate more lab-grown ingredients and resource-efficient alternatives, she said, because consumers would be more open and accepting of the tech and science behind these innovations.

New York vegan skin care brand Superegg, for example, was recreating the benefits of egg with smart plant-based blends, she said, and UK prestige facial care brand Sarah Chapman had incorporated dissolving needles into its roll-to-activate device to release and deliver its serum. Tech partnerships would also increase, like that of Este Lauder Companies and biotech firm Atropos Therapeutics to develop senescence modulating chemicals, she said.

By 2023, Middleton said there would be a trust in science and need for efficacy driving forward the beauty category as a whole.

The fifth and final big idea set to shape the beauty industry by 2023, she said, was intentional community. The community and collective consumer have become more digital, social and rooted in shared values, resulting in a new eco-system of buyers and creators who collaborate in order to trade () The social synapses that formed will continue in 2023 as networks strengthen.

For industry, this meant beauty and personal care brands would be expected to create conscious systems throughout their value chain and prioritise stakeholders over shareholders, she said, as consumers expected a symbiotic relationship that benefited all.

The founder of African luxury beauty brand 54 Thrones, for example, visited every country the company sourced its ingredients from to better understand the cultural resonance of each one, she said, and UK brand Pai Skincare recently created a new incubator division, using consumer feedback as part of the NPD process. Discovery platforms that enabled beauty consumers to shop according to values, like Geenie Beauty, or those specifically designed for women of colour like Beautyocracy, would also rise in importance, she said.

We will see a shift to co-creation and crowd-sourced brands with an industry working towards collective conservation over individual preservation, Middleton said.

WGSNs beauty director previously said that by 2023, complete transparency in beauty would be non-negotiable a factor relevant to all the above five big ideas moving forward.

For insight into what's ahead for the rest of 2021, take a look at our CosmeticsDesign 15 Global Beauty Trends To Watch video outlining what our editors believe is key for industry.

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WGSN 2023 beauty big ideas to shape industry include progress, wellbeing and tech - CosmeticsDesign-Europe.com

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La Palma volcano: Lava progress slows but eruption far from over – Euronews

Posted: at 10:36 am

The advance of molten rock from the volcanic eruption on La Palma in the Spanish Canary Islands has slowed significantly with one of the two lava rivers grinding to a halt.

The Cumbre Vieja volcano erupted on Sunday and lava now covers 166 hectares. It has also swallowed up around 350 homes.

Authorities announced on Thursday evening that one of the two lava rivers has stopped advancing.

The other one, 600 metres in width, has meanwhile slowed significantly since reaching a plain on Wednesday, advancing at a rate of 4 metres per hour down from 700 metres per hours previously.

Lava is now not expected to reach the ocean before the weekend, Mara Jos Blanco, the head of the National Geographic Institute in the Canary Islands, told reporters. Some scientists believe it might never reach the sea.

Authorities fear the arrival of lava in the sea because of the emission of toxic gases that it could cause.

Blanco said seismic activity on La Palma island was now low but molten rock is still being thrown out of the volcano - 26 million cubic metres so far.

The volcano "remains active, with a column (of ash and gas) reaching 4,500 metres above sea level," she said.

Stavros Meletlidis, a volcanologist at Spains National Geographic Institute, said the dynamics of any eruption were in constant flux.

As it slowed, the lava grew thicker. In places, it rose up to 15 meters (50 feet) high, authorities said.

The uncertainty left many residents on the western side of the island of 85,000 people in limbo.

Scientists say the lava flows could last for weeks or months.

No deaths or injuries were reported as a result of the eruption but more than 6,000 people had to be evacuated.

Prime Minister Pedro Sanchez visited the island on Thursday alongside King Felipe VI and Queen Letizia, and promised residents that "there will be no shortage of aid".

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