Country Roads

I love my home state of West Virginia. I love the beautiful hills, the wonderful people and, of course, the Sweet 16-bound Moutaineers. But I cannot ignore a troubling aspect that continues to plague the state's reputation: its economy and general business environment. A recent study ranked the Mountain State dead last in lawsuit environment:

A study conducted by the U.S. Chamber Institute for Legal Reform rates West Virginia as having the nation’s worst lawsuit climate in the United States. . . . The Lawsuit Climate 2010: Ranking the States survey measures how a state’s legal climate affects businesses. Survey respondents were made up of general counsels and senior attorneys or executives in companies with annual revenues of at least $100 million. According to the report, West Virginia was rated last in each of ten elements used to determine a state’s overall position.

So apart from being a lawyer's paradise, businesses tend to eschew locating within the state. And the large companies that have set up shop seem to experience stagnate growth relative to their peers. Various reasons have been advanced to explain why this is the case, including a lack of competitive pay for executives, a relatively antiquated corporate governance structure and now, as noted, the need for tort reform. In any case, it is tough to know how to enact sweeping and meaningful change.

Federalism Showdown

Idaho governor signs law requiring Idaho AG to sue the federal government if residents are forced to buy health insurance. AP

New York Court of Appeals Holds Governor Can Appoint Lieutenant Governor

The New York Court of Appeals handed down a decision this morning holding that Governor David Paterson had the constitutional authority to appoint a lieutenant governor. The victory is a big one for Governor Paterson--particularly since the Court could have, as a practical matter, reached the same conclusion by disposing of the case for lack of standing.

Check out the decision here.

New York Court Extends State-Law Criminal Procedural Rights

As the New York Times reports, the New York Court of Appeals has held (in a 4-3 ruling) that police violate New York's constitution when they warrantlessly utilize GPS tracking devices to track motor vehicles. According to the Times:

The police had used the device to monitor the movements of the suspect, Scott C. Weaver, for more than two months. But the court ordered the evidence gathered from the device suppressed and ordered a new trial for Mr. Weaver.

This holding is interesting in light of United States v. Knotts, 460 U.S. 276 (1983). In that case, the Supreme Court held that the Fourth Amendment (under the United States Constitution) was not violated by the use of a "beeper" that revealed where contraband, driven around in public, was tracked. As the Knotts Court explained it, the use of the beeper did not constitute a search because "[a] person travelling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another." Id. at 281.

At first blush, the New York decision seems to afford broader criminal procedural rights than the federal Fourth Amendment, under Knotts, would require. However, in addition to some other factual differences, GPS devices are more intrusive than beepers in what they reveal. Thus, the New York high court noted that the issue was "unclear" based on federal law and "premise[d its] ruling on [New York's] State Constitution alone."

It will be interesting to see what happens if (or when) the Supreme Court takes up a similar issue. Of course, that question will have to wait for another day as the New York court's state law basis is independent of federal law, and adequate to sustain the judgment.