1889 In the News

Press Releases

 October 29, 2020

Read Vance Fried’s comments regarding the office of the Oklahoma State Auditor & Inspector’s push to ban for-profit management of charter schools in a story by OCPA.

October 18, 2020

Read Mike Davis’s commentary “Covid-19 response casts doubts on value of local control” in Muskogee Politico

October 06, 2020

Read Byron Schlomach’s commentary “Auditor Byrd abuse shows stupid on schools” in Tulsa Today, also in Yukon Review, Muskogee Politico

October 04, 2020

Read Byron Schlomach’s  commentary “Destroying Others’ Property Is Violence, Period” in Muskogee Politico also in Yukon Review

September 25, 2020

Read Mike Davis’s Commentary “An Alliterative Appeal for Balanced Behavior and A Cease to COVID Craziness” in Muskogee Politico

September 24, 2020

Read Ben Lepak’s commentary “To Save the Oklahoma Judiciary, We Must Reform It” in The Dewey County Record, also in The Thomas Tribune, The Okeene Record, Canton Times, The Hennessey Clipper and Muskogee Politico

September 15, 2020

Read Ben Lepak’s commentary “About those state roads leading to Texas” in Muskogee Politico, also in Stillwater Newspress, Newsbank – Arkansas News Sources, and El Reno Tribune

September 12, 2020

Read Byron Schlomach’s commentary “Checking government-granted privilege” in Muskogee Politico, also in Yukon Review and Stillwater Newspress

September 01, 2020

Read Byron Schlomach’s commentary “Why I am not pro-business” in Muskogee Politico, also in Poteau Daily News

August 29, 2020

Read Ben Lepak’s commentary “A First Amendment victory within the Bar Association” in Muskogee Politico

August 15, 2020

Read Ben Lepak’s commentary “Stop allowing special interests to pull up the ladder of opportunity” in Muskogee Politico

August 11, 2020

Read Spencer Cadavero’s commentary “Qualified immunity contributes to policing problem” in Muskogee Politico

August 6, 2020

Read Ben Lepak’s commentary, “Sell unneeded state assets to shore up state pensions” in the Muskogee Politico, also in Yukon Review, El Reno Tribune, and Poteau Daily News.

July 30, 2020

Read Mike Davis’s commentary, “Words must have meaning if civilization is to survive” in the Muskogee Politico.

July 15, 2020

Read Spencer Cadavero’s commentary, “The Truth About COVID-19 – Better than you think” in the Muskogee Politico, also in Purcell Register.

July 9, 2020

Read Ben Lepak’s commentary, “A Judicial Attack on Election Integrity” in the Muskogee Politico, also in The Canton TimesSkiatook JournalYukon Review, The Dewey County RecordThe Hennessey Clipper, and The Okeene Record.

June 29, 2020

Read Mike Davis’s commentary, “Words must have meaning if civilization is to survive” in the Muskogee Politico, also in The Canton TimesSkiatook JournalYukon Review, The Dewey County RecordThe Hennessey Clipper, and The Okeene Record.

June 17, 2020

Read Mike Davis’s commentary, “This is Too Serious for Nonsense like Defund the Police” in the The Canton Times, also in Muskogee Politico, Skiatook JournalYukon Review, The Dewey County RecordThe Hennessey Clipper, and The Okeene Record. 

June 10, 2020

Read Byron Schlomach’s commentary, “No Tough Budgeting Decisions during COVID-19” in the Sand Springs Leader, also in Muskogee Politico, Poteau Daily News, and Skiatook Journal.

June 4, 2020

Read Byron Schlomach’s commentary, “Excessive Credentialing Wastes Talent, Limits Opportunity” in The Canton Times, also in The Thomas TribuneThe Dewey Country RecordThe Hennessey Clipper, and The Okeene Record, as well as in Muskogee Politico.

May 30, 2020

Read Ben Lepak’s commentary, “Oklahoma Mayors’ Virus Orders Were Unlawful” in The Oklahoman.

May 9, 2020

Read Mike Davis’s commentary, “Too Late to Correct Quarantine Mistakes, but Never Too Late to Learn from Them” in the Muskogee Politico.

May 5, 2020

Read Byron Schlomach’s commentary, “Oklahoma is OK, but Seriously, That’s Not OK,” in the Skiatook Journal, also printed in the Sand Springs Leader and the Muskogee Politico.

April 26, 2020

Read Ben Lepak’s letter to the editor, “State high Court Overstepped Its Authority,” in The Oklahoman.

April 9, 2020

Read Byron Schlomach’s commentary, “COVID-19 Shows Social Services First, Education Second” in The Oklahoman.

April 7, 2020

Read Ben Lepak’s commentary published by Grand Lake News, “In the Midst of a Concussion Crisis, Why Does Oklahoma Artificially Limit the Number of Athletic Trainers?”

March 26, 2020

Read Byron Schlomach’s comments regarding the closure of Oklahoma schools due to COVID-19 in numerous publications, including theAda NewstheDuncan BannertheJoplin GlobetheMuskogee PhoenixtheEnid News & EaglethePauls Valley DemocrattheMcAlester News-CapitalVance Airscoop, the Norman Transcript, theStillwater Newspress, and others. 

March 24, 2020

Read Byron Schlomach’s comments regarding the overkill of the government’s response to COVID-19 in theTulsa World.

March 18, 2020

Read Mike Davis’ commentary published by the Skiatook Journal and others, “What’s So Bad About Occupational Licensing.”

March 7, 2020

Read Byron Schlomach’s commentary published by Muskogee Politico and the Guymon Daily Herald, “Strange But True: Socialism Fails.”

March 6, 2020

Read Mike Davis’ commentary published by the Guymon Daily Herald and the Skiatook Journal, “Spending It Like They Stole It.”

March 6, 2020

Read Mike Davis’ commentary published by Muskogee Politico, the Talihina American, and Clayton Times, “’Food Deserts’ Are Not a Crisis.” 

February 19, 2020

Read Byron Schlomach’s comment regarding the idea of free bus transit in an article in The Hill.

February 18, 2020

Read Mike Davis’ commentary published by the Skiatook Journal regarding the right way to measure success for the state’s top-ten status.

February 5, 2020

Read Mike Davis’ commentary published by the Skiatook Journal calling for giving the legislature to eliminate what are apparently illegal residency requirements in state licensing and business regulation laws.

February 5, 2020

Read Byron Schlomach’s remarks in a story about Governor Stitt’s edict requiring two regulations be eliminated for every new regulation created published by the Tahlequah Daily Press.

January 28, 2020

Read Ben Lepak’s commentary published by the Skiatook Journal calling for giving the governor more authority over state agencies, especially the State Department of Education.

January 26, 2020

Read Ben Lepak’s commentary published by the Muskogee Politico calling for giving the governor more authority over state agencies, especially the State Department of Education.

January 22, 2020

Read Byron Schlomach’s commentary published by the Skiatook Journal calling for full gambling legalization given the controversy over the state’s tribal gambling compact.

 January 17, 2020

Read Byron Schlomach’s commentary published by the Muskogee Politico calling for full gambling legalization given the controversy over the state’s tribal gambling compact.

December 26, 2019

The Oklahoma Eagle has reprinted an article by OCPA’s Ray Carter quoting 1889’s Ben Lepak criticizing Oklahoma’s judicial selection process.

November 17, 2019

CapitolBeat‘s coverage of 1889’s criticism of Oklahoma’s new car dealer law.

November 11, 2019

Read Ben Lepak’s comments regarding golfing on a Wednesday by school administrators, provided by a law firm in a story by OCPA.

October 23, 2019

See Fox 25’s report on 1889’s study regarding how the Oklahoma City school district is neglecting to provide classroom basics.

Rethinking Emergency Powers in Oklahoma – July 21, 2021 – The 1889 Institute has published a new paper analyzing gubernatorial emergency powers. It finds that the governor has too much leeway in declaring and maintaining emergencies. It proposes that declared emergencies last only one week before the legislature must weigh in to extend such declarations by two weeks. After that, the legislature must pass explicit enactments according to warranted circumstances.

To download a copy of the press release click here. To read the paper in PDF format click on the title: Rethinking Emergency Powers in Oklahoma.

Oklahoma’s Government Could Be Smaller – July 7, 2021 – The 1889 Institute has updated “Oklahoma Government Revenues and Spending in Perspective,” a Fact Sheet that compares Oklahoma to the other states in total taxes and fees collected by state and local government as a percentage of the state’s GDP. Oklahoma ranks 13th among the states in how low its governments’ revenues are compared to other states.

To download a copy of the press release click here. To read the paper in PDF format click on the title: Oklahoma Government Revenues and Spending in Perspective – Update.

Trust but Verify: Open Government and Oklahoma Public Trusts – June 28, 2021 The 1889 Institute has published a new paper which explores whether public trusts are appropriate for managing public assets. While outright repeal of public trusts is the best option, the paper explains steps that can be taken to rein in these “trusts,” realign their loyalties, and force them to be more accountable to the people.

To download a copy of the press release click here. To read the paper in PDF format click on the title: Trust but Verify: Open Government and Oklahoma Public Trusts

Oklahoma’s “Quality Jobs” Programs – June 11, 2021 – The 1889 Institute has published a new paper evaluating the state’s so-called quality jobs programs, determining that they are yet another unnecessary corporate welfare scheme. In addition, Quality Jobs programs are not conducive to truly beneficial economic growth and they violate fundamental notions of fairness and justice.

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: Oklahoma’s “Quality Jobs” Programs.

Oklahoma’s Aerospace Industry Engineer Workforce Tax Credits – April 21, 2021 – The 1889 Institute has published a new paper evaluating three related programs that subsidize engineers and the aerospace industry, determining that they are all examples of corporate welfare. These programs effectively redistribute wealth to the benefit of the well-off.

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: Oklahoma’s Aerospace Industry Engineer Workforce Tax Credits.

Corporate Welfare Directory: Oklahoma Film Enhancement Rebate April 7, 2021 – The 1889 Institute has published a new paper which makes it clear that the state’s tax rebate program for filmmaking is a corporate welfare scheme. Dressed up as something to help Oklahoma’s image and to create jobs, the 35 percent rebate applies to projects with production budgets as low as $50,000 and as little as $25,000 in qualifying expenses. It is recommended that the rebate program be eliminated. 

 

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: Corporate Welfare Directory: Oklahoma Film Enhancement Rebate

Dental Assistant Licensing In Oklahoma – March 3, 2021 – The 1889 Institute has published a new paper that summarizes Oklahoma dental assistant licensing requirements, describes the profession, and concludes that there is no public interest justification for such licensing. It is recommended that dental assistant licensing be immediately repealed.

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: Dental Assistant Licensing in Oklahoma.

What States Can Do to Improve Health Savings Account Incentives – February 17, 2021 – The 1889 Institute has published a new paper that explains how HSA incentives (meant to battle the third-party payer problem) are undermined by insurance companies. It proposes actions states can take, including requiring insurance companies to count self-pay claims toward a consumer’s deductible. It also recommends that the federal government liberalize HSA policy in order to revolutionize how health care is financed.

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: What States Can Do to Improve Health Savings Account Incentives.

Plumber Licensing in Oklahoma – January 6, 2021 – The 1889 Institute has published a new paper that argues that there is no justification for plumber licensing in Oklahoma. In fact, the onerous licensing requirements have created an artificial shortage of contractors in a time when demand is high. In its stead, this paper recommends private certification as the ultimate solution.

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: Plumber Licensing in Oklahoma.

The Inadequacy of Attorney General Oversight as a Guard against Antitrust Liability of Oklahoma Licensing Boards– December 21, 2020 – The 1889 Institute has published a new paper that argues that Oklahoma’s approach to protecting state licensing boards from federal antitrust liability is inadequate and creates a conflict of interest within state government. It recommends that licensing board members be prohibited from also being practitioners of the licensed occupation, although private certification is the ultimate solution.

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: The Inadequacy of Attorney General Oversight as a Guard against Antitrust Liability of Oklahoma Licensing Boards.

Liberate Oklahoma from Public Sector Union Domination – November 23, 2020 – The 1889 Institute has published a new paper that argues allowing government
to collectively bargain with public employees “robs the people of their sovereignty over government,” which happens because unions can hold the public hostage by denying essential, government monopolized services when they strike.

To download a copy of the press release, click here. To read the paper in PDF format, click on the title: Liberate Oklahoma from Public Sector Unionization.

America’s Legal Tradition of Allowing Risk-Taking, Even in a Pandemic – November 18, 2020 – An 1889 Institute paper demonstrates how many local governments’ restrictive policies in response to COVID-19 fail to fit into the long American legal tradition of allowing individuals to weigh risk and reward for themselves. It specifically examines how Oklahoma’s largest cities have deviated from that tradition.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: America’s Legal Tradition of Allowing Risk-Taking, Even in a Pandemic

Make Social Distancing Restrictions Voluntary – November 16, 2020 – An 1889 Institute paper argues that states should form policy according to rational risk assessment in the face of the COVID-19 pandemic. State and local policy-makers should create a framework that focuses on protecting the most vulnerable. They must also repeal all universal social distancing mandates.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Make Social Distancing Restrictions Voluntary.

Amicus Brief to the Supreme Court of the United States in the Case of Oklahoma v. Johnson & Johnson – October 26, 2020 – 1889 Institute filed an amicus (or friend of the court) brief urging the U.S. Supreme Court to reverse the decision of a trial court that essentially functions as legislation. In this case, the court identified a broad, complex societal problem facing the state, levied a tax on the industry alleged to have contributed to the problem, and then appropriated the proceeds of the tax to a cornucopia of government agencies and programs in an attempt to ameliorate the problem. The judgment of the court construes Oklahoma’s public nuisance statute so broadly that it leaves no limits to future policymaking by litigation.

To read the paper in pdf format, click on the title: Oklahoma v. Johnson & Johnson Amicus Brief

Professional Teacher Charter Schools: Proposal with Model Legislation – October 21, 2020 – Free teachers to act as true education practitioners. An 1889 Institute paper explains why teachers should have the same freedom to start and run their own practice as other professionals do. The paper also provides model legislation to accomplish that end.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Professional Teacher Charter Schools: Proposal with Model Legislation.

Policymaker’s Guide to Evaluating Corporate Welfare – September 30, 2020 – Oklahoma is a top-ten state in handing out corporate welfare. An 1889 Institute paper provides a guide for how policymakers can identify corporate welfare. The paper also provides suggestions for eliminating corporate welfare altogether and competing with other states.

 

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Policymaker’s Guide to Evaluating Corporate Welfare.

Real Estate Agent Licensing: Fake Consumer Protection – August 5, 2020 – Real estate agent licensing may well be the worst example of a licensing law designed to protect practitioners from consumers rather than the other way around that the 1889 Institute has reviewed so far. While real estate salesmen in Oklahoma are actually brokers, without an agent’ usual fiduciary duties to buyers, the law explicitly allows these brokers to use the term, “agent.”

To download a copy of the press release, click here. To read the paper in pdf format, clock on the title: Real Estate Licensing in Oklahoma.

 

A Vision for Transparency – July 15, 2020 – Government transparency has not had the impact it could have had due to how it has been implemented. An 1889 Institute paper lays out a roadmap for how to make transparency work for everyone, especially citizens who are entitled to know who governs them and how their money is being spent.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: A Vision for Transparency.

 

Covid-19 Facts and Statistics – July 10, 2020 –  The 1889 Institute has published a new webpage on its website explicitly about Covid-19 (https://1889institute.org/covid-19). Its purpose is to provide the best current information for dealing with the pandemic to the general public and policy makers. It also tracks official new daily positive tests and daily deaths, showing trends in the data. 

 

Another Foul Out with Recreational Therapy Licensing – June 17, 2020 –  1889 Institute intern Luke Tucker asks why Oklahoma would be one of only four states to license recreational therapists, requiring a four-year degree for a profession that only requires patience and good health since recreation therapists do not diagnose, prescribe, or do any invasive procedure.  

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Recreation Therapy Licensure in Oklahoma.

 

Oklahoma’s Mayors Acted Unlawfully with COVID-19 Orders – May 27, 2020 – The 1889 Institute’s Legal Fellow lays out a legal argument for why the mayors of Oklahoma’s three largest cities acted unlawfully, exceeding their legal authority under state law, when their shutdown orders during the COVID-19 outbreak exceeded those of the governor’s in severity. 

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: An Argument that Oklahoma’s Mayors Acted Unlawfully During COVID-19

 

More Education Reforms to Make a Difference – May 13, 2020 –  This new publication proposes additional fundamental education-system reforms along the lines of those from a January publication. Past education reforms have shattered on education’s iron triangle of selfishly-interested parties interested in preserving the system from which they profit. Only more fundamental institutional reforms that weaken the triangle have a chance of improving educational outcomes. Six reforms are recommended.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: More Education Reforms to Make a Difference

 

Implement Effective Education Reform – April 22, 2020 –  Past education reform efforts have not succeeded due to their top-down nature. Instead, a new paper argues what is needed is to take account the efforts of those who are actually doing the work, teachers. It proposes a reform to publicly reimburse the best teachers who can show the financial wherewithal to establish their own educational practices as professional education practitioners.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: America’s War for Effective Education Reform.

 

End Used Car Dealer Licensing – April 8, 2020 – As with other licensing regimes, though the regulation is ostensibly for the purpose of protecting the general public, it is the profession’s insiders who do the regulating. Consequently, consumers are more likely to be taken advantage of by the regulation than to be protected.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Used Car Dealer Licensing in Oklahoma 

 

Dump ABA Accreditation of Law Schools – March 25, 2020 – The ABA is joined by only 14 percent of lawyers, but because 47 states require individuals to attend ABA-accredited law schools to be licensed as attorneys, the ABA exercises outsize influence over our government. The is paper recommends dropping the accredited law school requirement and increasing the relevance and rigor of the bar exam.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Breaking the ABA’s Law School Cartel: A Proposal to Make Oklahoma Top-Ten in Innovative Lawyer Education 

 

Statement Regarding School Closures in Response to Covid-19 – March 24, 2020 – Stop the madness. Only the most vulnerable should shelter in place. See our blog.

 

Brief on Government’s Right to Order Businesses Closed – March 19, 2020 – Unfortunately, government’s police power grants a great deal of power under the right circumstances. See our brief and blog.

 

New Tax and Spending Comparison – March 11, 2020 –  Using federal data, the Institute compares states by looking at the percentage of personal income collected in state and local government revenues and spent in six broad spending categories: higher education, public education, public welfare, hospitals, highways, and corrections. The state could save $2 billions just be becoming 10 percent more efficient.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Oklahoma Government Revenues and Spending in Perspective – Update.

 

“Food Deserts” Are Not a Crisis – March 2, 2020 – Tulsa and Oklahoma City have passed measures intended to encourage full-line grocery stores to locate in certain areas. These regulations are not only ineffective, but are detrimental and are based on policymakers’ dislike of choices people voluntarily make about their choice of food.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: “Food Deserts” – Health Crisis or Mere Inconvenience?

 

End Private Investigator Licensing – February 5, 2020 – This study makes the case for ending the licensing of private investigators in Oklahoma, a practice that only began in 1988, and makes recommendations for alternative training for armed private investigators.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Private Investigator Licensing in Oklahoma

 

Sell Unneeded State Assets to Reduce Obligations – January 22, 2020 – A new 1889 Institute study makes the case for the sale or lease of assets owned by the State of Oklahoma as a way to fund important items like underfunded pensions, infrastructure, and bonded indebtedness. The paper identifies almost $6 billion in assets the state could liquidate and lays out a process to ensure maximum returns and protection for taxpayers. 

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Leveraging State-Owned Assets to Fund Pensions and Meet Other Long-Term Funding Challenges

 

Education Reforms to Make a Difference – January 8, 2020 – A new 1889 Institute publication argues that education reforms in the past have shattered on education’s iron triangle of selfishly-interested parties interested in only preserving the system from which they profit. Therefore, only more fundamental institutional reforms that weaken the triangle have a chance of improving educational outcomes. Seven reforms are recommended.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Education Reforms to Make a Difference

 

Amicus Brief to the Supreme Court of the United States in the Case of Fleck v. Wetch – January 2, 2020 – 1889 Institute filed an amicus (or friend of the court) brief urging the Supreme Court to consider the case of a North Dakota attorney who has been forced to fund political causes he opposes through mandatory membership in the state bar association. This also occurs in Oklahoma, where attorneys are forced, by law, to join the Oklahoma Bar Association if they wish to practice in the state, violating first amendment principles.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Fleck v. Wetch Amicus Brief

 

The Case for Ending New Car Dealer Licensing – November 13, 2019 – A study of new car dealer licensing in Oklahoma shows why the licensing law should be repealed, since it is of, by, and for car dealers and not about protecting Oklahomans in general. “There may not be a clearer example of naked protectionism in the laws of Oklahoma than the protection afforded to car dealers.”

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Fully Loaded: Oklahoma’s Car Dealer Licensing Cartel 

 

Reforms Needed to Tame Oklahoma’s Overreaching Courts – October 23, 2019 – As promised in an earlier paper on the Oklahoma Supreme Court’s violations of the separation of powers, this new publication suggests a dozen reforms the Oklahoma Legislature can enact on its own to help tame the courts so that they perform their constitutionally limited role as a coequal, not superior, branch of state government.

To download a copy of the press release, click here. To read the paper in pdf format, click on the title: Taming Judicial Overreach: 12 Actions the Legislature Can Take Immediately.