Government

In Kindred Nursing Centers v. Clark the Supreme Court held 7-1 that an arbitration agreement entered into by a power of attorney may still be valid even if the power of attorney doesn’t specifically say the representative may enter into arbitration agreements.

Beverly Wellner and Janis Clark moved their husband and mother, respectively, into a nursing home using their powers of attorney. Both wanted to sue the nursing home in court after their relative died. But both had signed contracts stating that any claims would be resolved through arbitration.

The Kentucky Supreme Court concluded that Wellner’s power of attorney wasn’t broad enough to allow her to enter into an arbitration agreement but Clark’s was. Regardless, the court held that both arbitration agreements were invalid because “a power of attorney could not entitle a representative to enter into an arbitration agreement without specifically saying so.” According to the Kentucky Supreme Court, this is because the right to a jury trial under the Kentucky Constitution is the only right declared “sacred” and “inviolate.”

By Brian Sigritz and Kathryn Vesey White
In December, the National Association of State Budget Officers, or NASBO, released the latest edition of its semiannual Fiscal Survey of States. According to data collected from state budget offices, fiscal 2017 is expected to mark the seventh consecutive annual increase in both general fund spending and revenue.

CSG Midwest
It’s an axiom, especially to those of us reared on “Schoolhouse Rock”: Bills originate in the legislative branch. That’s certainly the case throughout the Midwest — anyone can suggest a bill, but only legislators can introduce them for consideration.
CSG Midwest
Two of the Midwest’s governors recently signed bipartisan legislation to overhaul aspects of their states’ criminal justice systems.

Justice Gorsuch is certainly aware of that fact that his confirmation was one of the most political in recent memory. Only time, and perhaps his idiosyncrasies on the bench, will tell us whether, like Chief Justice Roberts, he is concerned about the Court being perceived as apolitical.  

It is difficult for those of us who treasure our democracy and our legal system in particular to accept the notion that Supreme Court Justices (and even regular old judges) are chosen for political reasons. We want to believe that our judges dole out the law evenly, intelligently, and objectively and are picked based on their perceived ability to do so--with justice as the end result.

But beyond the thin veneer of choosing someone with stellar academic credentials who has had an impressive legal career, politics always looms large in the selection of Supreme Court Justices. This is as much because a President doesn’t want to see measures he worked on overturned and wants his political party to succeed, as it is that Supreme Court Justices are a key part of a President’s legacy. A 49-year-old Justice like Gorsuch may sit on the Court for 30 years.   

Public pension reform is at the forefront of many state policymakers' agendas for 2017. Participants in this webinar will hear a summary of legal issues around public employee pension reform in layman's terms with a focus on constitutional concerns. We will cover which reform provisions have been shot down by the courts, which provisions have held up to challenges and any lessons a state leader can take away from the totality of those rulings.

President Trump has proposed several options for tax reform, including significant changes to personal income taxes. According to recent analysis by the...

Artis v. District of Columbia might not have gotten a second look if it didn’t involve a city—but even if it had been brought against a non-government entity it would still affect any entity that gets sued regularly—including states and local governments.

In this case a year after the fact, Stephanie Artis sued the District of Columbia in federal court bringing a number of federal and state law claims related to her termination as a code inspector. It took the federal district court over two and a half years to rule on her claims. It dismissed her sole federal claim as “facially deficient” and no longer had jurisdiction to decide the state law claims.

28 U.S.C 1367(d) states that statutes of limitations for state law claims pending in federal court shall be “tolled” for a period of 30 days after they are dismissed (unless state law provides a longer tolling period).

States play a key role in attracting businesses, including foreign, to invest and grow in their respective states. The United States remained the top destination for foreign investment, attracting more than $3.1 trillion in 2015, which helped support more than 6 million jobs. This FREE CSG eCademy webinar will highlight innovative programs, resources and tools for states to attract investment to their local economy.

Regulatory reform has been a major theme of President Donald Trump’s administration and a longstanding priority of The Council of State Governments. CSG often hears from state leaders that when it comes to Washington, D.C., states are treated like stakeholders rather than partners.

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