This especially pernicious form of cronyism occurs when government agencies' powers exceed what is reasonable and proper under state and federal constitutions and in a free society. Courts overstepping their bounds, civil asset forfeiture, fines that fund fining agencies, and court fees payable on conviction, are all examples.
An Argument that Oklahoma’s Mayors Acted Unlawfully During COVID-19 by Ben Lepak 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. Summary
briefly reviews Oklahoma statutes to answer the question of whether an Oklahoma mayor has the authority to force businesses to close during a contagious disease outbreak.
Taming Judicial Overreach: 12 Actions the Legislature Can Take Immediately by Ben Lepak lists and explains 12 measures (plus one bonus measure) that the Oklahoma Legislature can enact on its own to help bring Oklahoma's courts, which have been usurping legislative power, to heel. Summary
Legislators in Black Robes: Unelected Lawmaking by the Oklahoma Supreme Court by Ben Lepak criticizes the Oklahoma Supreme Court for arbitrary rulings that are designed to obtain policy outcomes desired by the Court rather than interpreting and applying the law as written. It lays out how the Court has abused legal doctrines, undermining the rule of law and the principle of self-government. Summary
Well Begun is (Only) Half Done: The Supreme Court’s Excessive Fines Decision; Need for Further Reform by Mike Davis summarizes the recent federal Timbs case out of Indiana in which the U.S. Supreme Court declared the Eighth Amendment's protection against excessive fines applies to states. The paper calls for the abolition of civil asset forfeiture, which was partly at issue in Timbs.