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    The Dormant Commerce Clause: The Endgame—From Southern Pacific to Tennesse Wine & Spirits—1945 to 2019

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    This article attempts to develop the undue burden balancing and the virtually per se discrimination tests of the modern Dormant Commerce Clause starting with the 1945 case of Southern Pacific v. Arizona and moving to Tennessee Wine & Spirits Retailers Ass’n v. Thomas, a case decided by the United States Supreme Court in June of 2019. The Commerce Clause, Article I, Section 8, Clause 3 gives Congress the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Our most famous Chief Justice of the United States Supreme Court, John Marshall, defined Congress’s commerce power “among the several states” to be plenary and complete, setting the stage for Congress to use this power over interstate commerce as the basis for much of Congress’ power to pass legislation. Out of this immense federal power, Chief Justice Marshall deduced that since Congress had plenary power over interstate commerce, the states had none. Only Congress could regulate interstate commerce. Marshall called the implied limitations of the Commerce Clause “dormant” leading to what we now call the Dormant Commerce Clause. There are two main aspects to the modern Dormant Commerce Clause. First, states may pass evenhanded laws that impact interstate commerce, but even evenhanded laws may not impose undue burdens on interstate commerce. Second, states may not discriminate against interstate commerce by treating commerce from other states differently than in-state commerce simply because it is out of state. Under the undue burdens test, the Court will consider a number of factors, but primarily the Court will undertake a factual evaluation of the importance of the state interest in passing the law that impacted interstate commerce versus a practical consideration of the harm to interstate commerce. Under the discrimination rule, the Court will almost certainly find the discriminatory state law to violate the Dormant Commerce Clause, but the Court uses an almost tortuous series of approaches to reach what is close to a foregone conclusion. This tortious approach has led some to say that it is impossible to know which of the two tests to apply. This article attempts to identify the key factors involved in the Court’s undue burdens balancing approach and to closely explore the Court’s attempt to define discrimination and to determine when a state might be allowed to discriminate against interstate commerce. The hope is that at the very least students, lawyers, and lower courts might have some guidance in applying the two tests and in knowing the difference between the two

    Constitutionalizing Nature\u27s Law: Dignity and the Regulation of Biotechnology in Switzerland

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    The Swiss Constitution was amended by referendum in 1992 to include two unique provisions: Article 119, which imposes strict limits on genetic and reproductive technologies in humans in order to protect ‘human dignity’, and Article 120, which commits the Swiss federal government to limiting genetic technologies in non-human species on the basis of the ‘dignity of the creature’. This article analyzes the role of ‘dignity’ as a limit on biotechnologies in the Swiss constitutional order. It concludes that the understanding of dignity the constitution embraces codifies a contestable metaphysical theory of value at the constitutional level. Specifically, the Swiss constitutional concept of dignity embraces the normative theory that the natural order is a source of moral value. Because this theory speaks directly to contested questions of the good life, Switzerland’s adoption of it as a constitutional principle is analogous to the adoption of a religious theory in a constitution. The concept of dignity as understood in the Swiss constitutional order is contrary to the commitment to epistemic humility characteristic of liberal constitutions

    ENG 201A: Writing across the Disciplines Textbook

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    This textbook is part of an OER Grant for Prof. Bookman\u27s ENG 201A Writing in the Disciplines class in 2019. The emphasis of this class is to have students work on different types of writing with different audiences. Multimodal writing is incorporated into each assignment. The topics for each assignment focus on current news, social media, and personal branding

    The Development of Professional Identity and the Impact of Counselor Educators: Examining the Role of Observational Learning and Self-Efficacy

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    Counseling is a relatively new profession, with origins dating back to the turn of the 20th century. Given the youth of the profession and significant overlap in regard to roles compared to other helping professions, professional counseling is facing an identity crisis. Professional identity development spans the career of an individual and involves the integration of the personal and professional selves, in alignment with the mission, values, and philosophy set forth by the profession. The collective professional identity is strengthened by the individual member’s professional identity. Therefore, it is important to consider the means by which the profession can seek to strengthen the professional identity of its members. Counselor training programs and counselor educators play a significant role in the provision of experiences that promote the intrapersonal and interpersonal development of professional identity in students. Given the importance of the role of counselor educators, it is significant to examine the professional identities of educators. In a quantitative examination of 220 participants, the influence of perceptions of counselor educators’ professional identity on the development of counselor professional identity and self-efficacy related to professional identity behaviors is explored

    Influence of Moody’s Rating Downgrade and Upgrade on the U.S. Equity Market: A Case Study of IBM, Ford, and Boeing

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    The main purpose of my thesis is to determine the current influence of credit rating downgrades and upgrades made by Moody\u27s on the U.S. equity market. Previous literature has already talked about the effect of credit ratings on stock or bond price, however, my paper is different from previous works. I will focus on a single nationally recognized credit rating organization; I will talk about the both downgrade effect and the upgrade effect; I will do a case study of the credit rating effect on Ford, IBM, and Boeing. The results indicates that overall, Moody’s rating announcements have an important effect on the stock abnormal returns as expected with more significant and sizable effect for upgrades based on the case study of three companies. In the future research it would be interesting to collect more data for companies in various industries and see if the effect is different

    Hunting Contests In New York State

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    The world is currently in a biodiversity crisis and hunting contests cannot continue. Hunting contests are not legitimate wildlife management tools, but exist for entertainment and killing for a prize. Many of the species targeted can be killed without bag limits. Additionally, many wildlife management practices are retroactive, meaning they are in response to an issue. Within New York State, these contests are not regulated by the NYSDEC beyond adhering to hunting regulations. With these factors together, animals targeted by these contests can be hunted to a detrimental point, and then management agencies would step in. These contests face significant public opposition, even within the hunting community. Hunting contests must be addressed to put an end to an unnecessary and excessive practice

    Social Support, Stigma, and Mental Health Outcomes Among Transgender and Gender Non-conforming Adults in the United States

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    Stigma experienced by transgender and gender non-conforming (TGNC) individuals has been associated with adverse mental health outcomes, like depression, anxiety, and suicidality. Some research documents that social support buffers associations of stigma with adverse mental health outcomes among TGNC individuals, while other research does not find buffering effects. Research has found direct associations of social support from families and friends with more positive mental health outcomes among TGNC individuals. More research is needed to understand the unique and combined consequences of different forms of stigma (i.e., enacted, anticipated. internalized) for mental health, as well as the specific functions and sources of social support that may both directly benefit mental health and moderate associations between stigma and mental health. This study recruited adult TGNC participants living in the U.S. through social media to complete an online survey about their experiences of stigma, social support. and mental health. Specifically, I tested direct associations of enacted, anticipated, and internalized stigma, as well as different sources of social support (i.e.. TGNC people online, TGNC people in person, non-TGNC people online, non-TGNC people in person), with anxiety and depressive symptoms. Further. I tested potential moderation by social support of associations between stigma and mental health. I also examined the extent to which different types of support (instrumental and emotional) were more or less commonly received from particular sources of support. Analyses were conducted with data from 136 participants in the final analytic sample. Total, enacted, internalized, and anticipated stigma were each positively correlated with anxiety and depressive symptoms. In regression analyses with the three forms of stigma and control variables included as simultaneous predictors, only enacted stigma remained positively associated with anxiety and depressive symptoms. Social support from non-TGNC people in person was negatively associated with anxiety and depressive symptoms in both correlation and regression analyses. Social support from TGNC people in person and from non-TGNC people online were not associated with anxiety or depressive symptoms in correlation or regression analyses. Social support from TGNC people online was significantly positively associated with anxiety and depressive symptoms in correlation and regression analyses. Social support and individual sources of support did not moderate associations of stigma with mental health outcomes. Individuals received more emotional support than instrumental support from all sources. Study findings contribute to our understanding of experiences of TGNC individuals to inform gender-affirming therapeutic interventions and techniques. Keywords: anxiety, depression, gender-nonconforming, mental health, microaggressions, social network, social support. stigma. transgende

    Call Me Golden: A Short Film

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    CHARLOTTE BRAWN is a freshman in college who struggles with an undiagnosed anxiety and depression. After CHARLOTTE and her best friend LILY from high school come to college together and LILY gets romantically involved with a boy, CHARLOTTE is left by herself to find out who she truly is in this modern coming-of-age short film. With the guidance and encouragement of her philosophy professor, she is able to learn more about her identity, resources and coping mechanisms and starts to branch out beyond her comfort zone

    You Shall Not Pass: Gatekeepers within the publishing industry.

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