by Mike Davis | Dec 20, 2021 | Blog
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...
by Mike Davis | Nov 10, 2021 | Blog
“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...
by Mike Davis | Sep 20, 2021 | Blog
Conservatives have been disappointed by several recent Supreme Court rulings. From declaring half of Oklahoma a tribal reservation to a strained interpretation that conflates sexual orientation and gender identity with one’s sex for purposes of Title VII of the Civil...
by Mike Davis | Mar 29, 2021 | Blog
What happens to a state when businesses don’t have some assurance that their good-faith efforts to comply with laws, regulations, and best practices will protect them from massive civil liability? Well, what would you do? If you thought that merely becoming unpopular...
by Mike Davis | Mar 29, 2021 | Legal, Research
Abating Economic Disaster: A Call to Reform Oklahoma’s Public Nuisance Statute Author Mike Davis Abstract This paper examines the history of public nuisance law and how Oklahoma’s public nuisance statute was misapplied in Oklahoma v. Johnson and Johnson. It lists the...
