Without Principled Originalism, Judges Become Lawgivers

Without Principled Originalism, Judges Become Lawgivers

Recently there have been calls in conservative quarters to move away from a commitment to originalism in constitutional interpretation. Often these missives do not call for a total abandonment of originalism, merely for relegating it to one tool of many. Whether these...
Without Principled Originalism, Judges Become Lawgivers

If Licensing Worked, Wouldn’t Lawyers Be Liked?

Being an attorney, even one who doesn’t actively practice, requires thick skin. It’s best to embrace the litany of lawyer jokes, like this one.            Why don’t sharks eat lawyers? Professional courtesy. The jokes may be innocuous, but they come from an authentic...
Attorney Licensing in Oklahoma

Attorney Licensing in Oklahoma

Attorney Licensing in Oklahoma Author Mike Davis Abstract This paper evaluates Oklahoma’s attorney licensing requirements and concludes that the public interest justification is not sufficient to necessitate such licensing, nor does licensing mitigate the risks...
Without Principled Originalism, Judges Become Lawgivers

OK Supreme Court’s Outstanding Opioid Opinion

“This court has not extended the public nuisance statute to the manufacturing, marketing, and selling of products, and we reject the State’s invitation to expand Oklahoma’s public nuisance law.” — Oklahoma Supreme Court, State v Johnson & Johnson The Oklahoma...