by Benjamin Lepak | Nov 18, 2019 | Blog
One of the most routine things any court does is to publish its “docket.” This public calendar announces the cases the court will hear and when they will be heard. The docket doesn’t just keep the court on schedule and notify the parties in litigation when to show up...
by Benjamin Lepak | Oct 23, 2019 | Research
Taming Judicial Overreach: 12 Actions the Legislature Can Take Immediately Author Benjamin Lepak Abstract This paper 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...
by Benjamin Lepak | Oct 23, 2019 | Blog
Last month, 1889 Institute published my study on the unfortunate state of the separation of powers in Oklahoma government, describing a state Supreme Court that too often acts as though it is a super legislature, in the business of enacting legislation rather than...
by Mike Davis | Sep 16, 2019 | Blog
When deciding whether people have broken laws, should judges consider the intent of the legislators who wrote the law? Or simply consider the plain language of the law as written? Legal scholars have debated this question for decades. However, there is only one answer...
by Benjamin Lepak | Sep 9, 2019 | Blog
Oklahoma’s Attorney General and trial courts appear to now be in the business of taxing industries and appropriating funds to state agencies. These are powers that the Oklahoma Constitution explicitly grants to the legislature. They are certainly not given to the...
