This website features a collection of links to outside resources, many of which were cited in The Captured Economy, for readers interested in learning more about regressive regulation.
To filter the reference library by topic, please use the links on a topic page or open this page on a full-size screen and use the provided menu.
John Marshall Law Review
2021
Personal appearance professionals in the United States — such as barbers, cosmetologists, and manicurists — must typically be licensed. These licensing requirements vary from state to state, and they are…
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NBER
July 2020
We show that occupational licensing has significant negative effects on labor market fluidity defined as cross-occupation mobility. Using a balanced panel of workers constructed from the CPS and SIPP data,…
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Health Affairs
December 2019
People living in rural areas have worse health outcomes than their urban counterparts do. Understanding what factors account for this could inform policy interventions for reducing rural-urban disparities in health….
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Monthly Labor Review
November 2019
Following the 2008 financial crisis (which occurred during the Great Recession that began in December 2007), businesses and corporations experienced substantial difficulty in accessing credit required to maintain operations at…
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Journal of the American Medical Association
October 7, 2019
The United States spends more on health care than any other country, with costs approaching 18% of the gross domestic product (GDP). Prior studies estimated that approximately 30% of health…
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Mercatus Center
May 22, 2019
Why are prices in some sectors increasing dramatically even as economy-wide technology and productivity improves? Education and healthcare are notable examples of sectors seemingly stricken by constantly rising prices. Educational…
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Barton Associates
All PAs must practice with a collaborating physician; however, state laws dictate the extent of that relationship. This interactive guide provides an overview of PA scope of practice laws by…
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Health Affairs
2018
In 2005 the United States spent $6,401 per capita on health care-more than double the per capita spending in the median Organization for Economic Cooperation and Development (OECD) country. Between…
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Health Affairs
June 2018
The use of nurse practitioners (NPs) in primary care is one way to address growing patient demand and improve care delivery. However, little is known about trends in NP presence…
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Wisconsin Occupational Licensing Study Legislative Report
December 2018
Wisconsin issues four different types of credentials, which are: licenses, certificates, registrations, and permits. All types collectively are commonly referred to as credentials. For the purposes of this report, the…
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Regulation
Fall 2018
Child care in the United States is expensive, but its cost varies greatly by region. Data from Child Care Aware of America, a nonprofit that works in child-care policy, indicate…
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Brookings Institution
September 21, 2017
An effective health care system needs to coordinate medical facilities with the behavioral and economic drivers in communities that are most related to good long-term health. Intermediaries can help this…
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Commonwealth of Pennsylvania
June 11, 2018
BPOA worked in coordination with Saint Francis University’s Knee Center for the Study of Occupational Regulation (CSOR) to compile data on regional equivalent professional and occupational licensure. The report found…
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Annals of Family Medicine
June 2018
Family physicians report some of the highest levels of burnout, but no published work has considered whether burnout is correlated with the broad scope of care that family physicians may…
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Arkansas Center for Research in Economics
February 2019
Arkansas policy makers are aware of their state’s high criminal recidivism rates (the percentage of released prisoners that reoffend). The criminal justice reforms in Arkansas have also indicated that policy…
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United Health Group
September 2018
Nurse practitioners (NPs), physician assistants (PAs), and certified nurse midwives (CNMs) represent a growing part of the nation’s primary care workforce. These Advanced Practice Clinicians help expand primary care capacity…
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American Sociological Review
2017
During the past few decades, licensure, a state-enforced mechanism for regulating occupational entry, quickly became the most prevalent form of occupational closure. Broad consensus among researchers holds that licensure creates…
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Becker-Friedman Institute for Research in Economics
May 2018
I examine the effects of mandatory occupational licensure on the quality of Certified Public Accountants (CPAs) using the staggered state-level adoption of the 150-hour Rule (the Rule). Although the Rule…
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NBER
October 2019
We assess the welfare consequences of occupational licensing for workers and consumers. We estimate a model of labor market equilibrium in which licensing restricts labor supply but also affects labor…
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Scandinavian Journal of Caring Sciences
October 2019
Wide variation exists between the nursing competence requirements seen in the emergency care context and the subsequent design of nursing education programmes. Clarifying nursing roles and scope of prac- tice…
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Federal Trade Commission
September 2018
Nearly 30 percent of American jobs require a license today, up from less than five percent in the 1950s. For some professions, occupational licensing is necessary to protect the public…
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The New England Journal of Medicine
September 2019
Telecontraception is the provision of contraception prescriptions online as an alternative to traditional clinic visits. In this study, standardized patients were asked to represent a range of relative and absolute…
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Institute for Justice
November 2018
This study finds that roughly 19 percent of American workers now have a license to work, with individual state percentages ranging from about 14 to 27 percent. It also finds…
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Annals of Family Medicine
November 1, 2018
Family physicians’ scope of practice is declining despite being well prepared to provide a range of clinical services. To evaluate whether this is a new phenomenon, we compared the proportions…
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Department of Health and Human Services
December 2018
Reduced competition among clinicians leads to higher prices for health care services, reduces choice, and negatively impacts overall health care quality and the efficient allocation of resources. Government policies have…
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American Enterprise Institute
September 18, 2018
For the past few decades, the United States has not produced enough primary care physicians. Moreover, too few physicians practice in rural and medically underserved areas, and the number of…
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American Journal of Roentgenology
September 2019
Nonphysician providers (NPPs) increasingly perform imaging-guided procedures, but their roles interpreting imaging have received little attention. We characterize diagnostic imaging services rendered by NPPs (i.e., nurse practitioners and physician assistants)…
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NBER
November 2018
We exploit state variation in licensing laws to study the effect of licensing on occupational choice using a boundary discontinuity design. We find that licensing reduces equilibrium labor supply by…
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Center for Growth and Opportunity
December 2018
This paper examines the existing research on the effects of occupational licensing and concludes with a discussion of possible reforms. Existing studies have yet to find a definitive link between…
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Mercatus Center
September 2019
Many professionals in the financial services industry refer to themselves as financial advisers despite tremendous variation in business practices, compensation methods, and duties to act in the best interest of…
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Cato Journal
Fall 2018
We estimate the effects of removing the license requirement for hair braiding in Virginia in 2012. Using County Business Patterns and Nonemployer Statistics data from 2004 through 2014, we find…
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Foundation for Government Accountability
October 15, 2018
Myth: All licensing is necessary to protect public safety. Proponents often argue that the dramatic growth in occupational licensing is necessary to ensure consumer safety. However, the body of available…
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NBER
1962
It should be noted parenthetically that, while licensing causes the mean quality of legal practitioners to rise, by excluding those at the lower part of the qualitative range who could…
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Education Resources Information Center
1969
This monograph presents the results of an Educational Testing Service study, studies by the Council of State Governments, and research by the Department of Labor staff on State occupational license…
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University of Chicago Law Review
1976
Occupational licensing is invariably justified as a means of protecting the public against incompetent and dishonest practitioners. The effect of mandatory licensure, however, is often to restrict entry into an…
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University of Tennessee
1982
All of the regressions and test statistics generated to ascertain the effects on pharmacist availability consistently revealed the following: (1) Pharmacist-population ratios, the proxy for pharmacist availability, were found to…
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American Business Law Journal
1983
The proposition that the common law tends to evolve in the direction of economic efficiency has been advanced by Posner and others. This proposition implies that, over time, legal precedent…
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Federal Trade Commission
1990
This paper examines the costs and benefits of occupational regulation. Over 800 occupations arc licensed by at least one of the fifty states. When properly designed and administered, occupational licensing…
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W. E. Upjohn Institute for Employment Research
2006
Consistent with general growth in wage inequality over the period, the greatest wage growth occurred in licensed occupations with the highest levels of income. Wage growth in the U.S. economy…
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Southern California Interdisciplinary Law Journal
2010
Licensing laws can both serve the public by protecting consumers and harm competition by erecting unnecessary barriers to entry, but what has been missing from the legal analysis is that…
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Troy University
2014
Occupational licensing undermines consumer sovereignty and restricts occupational freedom in Alabama. Professional groups use the goal of protecting consumers from unqualified practitioners as cover to restrict access into the profession…
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W.E. Upjohn Institute
2015
This book provides a detailed, nontechnical overview of occupational licensing in the United States, China, the United Kingdom, and the European Union for students of the labor market, consumers, the…
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The Mackinack Center
2017
Unfortunately, there has not been a lot of public debate about the impact that these licenses have on workers. Far more attention has been paid to labor issues such as…
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Journal of Political Economy
October 1965
The licensing of various professions is generally accepted as necessary to protect the public from incompetent and dishonest practitioners. At the same time, however, licensing restricts freedom of entry and…
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Journal of Counseling and Development
June 1976
In a recent case (Gibson u. Berryhill 1973) the [Supreme] Court had the opportunity to review occupational licensing. In this case a group of licensed optometrists sought to prevent charges…
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Education Resources Information Center
July 23, 1976
To examine the hypothesis that occupational licensure is primarily a restrictive device to protect those licensed from competition, analysis focused on the licensure of non-professional occupations in Rhode Island, Massachusetts,…
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The Journal of Law and Economics
April 1978
Empowered by the state legislatures and aligned with the profession they oversee, dental licensing boards inhibit competition through restrictive licensing practices. In the manner of a cartel, most boards have…
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Journal of Political Economy
December 1979
I consider markets with asymmetric information. As suggested by Akerlof, quality deterioration in such markets may take place. I show that this is a general phenomenon. Minimum quality constraints (or…
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American Enterprise Institute
January 1980
Occupational licensure can be approached within a framework of basic economics. The people of every country produce and consume diverse commodities and services. This mixed bag—the economy’s output—is produced by…
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Southern Economic Journal
April 1981
This study is the first broad exploratory empirical investigation on the effect on the received quality of service from state licensed occupations. It sought to answer purely factual questions about…
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Law and Human Behavior
September 1983
This paper gathers, presents, and evaluates current state of economic research concerning the interconnection between occupational licensing (and other occupational) restrictions and quality of service. It considers empirical evidence on…
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Law and Human Behavior
September 1983
This study provides an empirical analysis of the effects of advertising and commercial practice on the price and quality of optometrists’ services. Data were collected by actually purchasing eye examinations…
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The Review of Economic Studies
October 1986
I analyse occupational licensing as an input regulation that requires minimum levels of human capital investment by professionals. By raising professionals’ training levels, licensing helps alleviate moral hazard problems associated…
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Real Estate Economics
December 1986
An argument is often made that occupational licensure protects members of the regulated industry by limiting supply and raising earnings. The purpose of this study is to examine entry barriers…
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Federal Trade Commission
May 1987
Our findings provide evidence that, in both 1970 and 1982, restrictions on the use of dental auxiliaries raised the price of several dental procedures and the average price of a…
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NBER
February 1992
The effect of licensing as a mechanism to control entry into occupations has been a neglected area of both regulation and labor market research. This study examines the role of…
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The Western Journal of Medicine
May 1998
Recent upheavals within health care delivery, technological advances, and changing attitudes among consumers have challenged and changed health professions licensure. At the same time, traditional regulatory frameworks remain in place….
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Journal of Law and Economics
October 2000
This study examines the role of variations in occupational licensing policies and practices in improving the outputs of services provided to consumers, and the effect of restrictive regulations on the…
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Journal of Labor Research
June 2002
A straightforward model of supply and demand is developed to analyze the regulation of a “Competitive “ industry —cosmetology —with demand shifts representing an enhancement of “quality “ and supply…
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American Economic Review 94, no. 2 (2004): 241–46
May 2004
Paralleling increased state involvement in teacher certification is the increase in teachers’ educational credentials, especially in public schools. For example, in 1971, over two-thirds of public-school teachers had a B.A.,…
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Econ Journal Watch
August 2004
In the United States, state level boards dictate rules for physician licensure and discipline. Would-be physicians must complete an approved medical training program and pass a standardized test. Scope of-practice…
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Journal of Labor Economics
July 2005
Relicensing requirements for professionals who move across borders are widespread. In this article, we measure the effects of occupational licensing by exploiting an immigrant physician retraining assignment rule. Instrumental variables…
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Reason Foundation
August 1, 2007
Numerous studies have revealed little, if any, improvement in service quality from compulsory licensing. Oftentimes, licensing laws actually reduce service quality and public safety. There are a number of reasons…
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NBER
December 2007
As the role of mortgage brokers in mortgage origination grew from insignificant in the 1980s to dominant in recent years, questions have arisen about whether its services help or harm…
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Reason Foundation
April 1, 2008
Thus, allow me to suggest a couple of “second-best” options that may have a better chance of making a more immediate impact.First, conduct periodic occupational licensing reviews. In addition to…
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Journal of Business Ethics
June 2008
Members of licensed occupations benefit from legal standards that limit entry into their professions. Is it ethical for these professionals to give political support to these standards? I examine the…
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Cato Institute
September 17, 2008
In the United States, the authority to regulate medical professionals lies with the states. To practice within a state, clinicians must obtain a license from that state’s government. State statutes…
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Journal of Labor Economics
April 2010
This article studies the effect of recruitment restrictions on mobility and wages in the postbellum U.S. South. I estimate the effects of criminal fines charged for “enticement” (recruiting workers already…
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The Economic Journal
October 2010
Recent research has suggested that the reduction of entry regulation can promote firm entry and job creation, but little is known about the quality of firms and jobs created through…
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National Bureau of Economic Research Working Paper no. 16560
November 2010
Occupational licensing is among the fastest-growing labor market institutions in the U.S. economy. One of the key features of occupational licensing is that the law determines who gets to do…
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W. E. Upjohn Institute for Employment Research Policy Paper no. 2011-009
July 2011
The issue of the government regulation of occupations involves the role of government in reconciling the special interests of the practitioners with those of society. The strictest form of occupational…
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W. E. Upjohn Institute for Employment Research
January 2013
Business enterprises are rarely formed as unionized firms. Similarly, even though occupations develop similar tasks and common procedures for doing a job, they are not begun as licensed occupations. Occupations…
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Industrial and Labor Relations Review
May 2013
Recent estimates in standard models of wage determination for both unionization and occupational licensing have shown wage effects that are similar across the two institutions. These cross-sectional estimates use specialized…
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Monthly Labor Review
January 2014
The analysis presented finds that local licensing of electricians is associated with approximately a 12-percent wage premium beyond that afforded by state regulations and that certain aspects of occupational requirements…
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Institute for Justice
February 2014
Many of these arbitrary regulations are passed at the request of professional associations and government boards that want to protect the pocket books of their members by shutting out new…
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Mercatus Center
March 2014
As the quantity and scope of regulations in Florida grow, so does the degree to which they affect the economy. In these circumstances, a little reform to the process of…
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ABA Journal
August 2014
But Rampenthal sees his company spurring broader changes in the legal services market, moving it toward an “ecosystem” that will more closely resemble the way medicine is delivered.“You don’t walk…
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The Journal of Law and Economics
February 2015
In this paper I use a rich longitudinal database from Florida to compare the characteristics of alternatively certified teachers with their traditionally prepared colleagues. I analyze the relative effectiveness of…
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Mercatus Center
May 2015
This paper argues that the sharing economy—through the use of the Internet and real time reputational feedback mechanisms—is providing a solution to the lemons problem that many regulators have spent…
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The White House
July 2015
If licensing places too many restrictions on this allocation of workers, it can reduce the overall efficiency of the labor market. When workers cannot enter jobs that make the best…
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Journal of Antitrust Enforcement
2015
Those concerned with restrictions on innovative technologies and business models often decry the stultifying effects of a ‘Mother, May I?’ approach, whereby the innovator needs government permission to enter a…
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EU Commission
October 2015
The EU commission aims to understand the impact of occupational regulation on various labour market outcomes. This report addresses this theme by exploring how changes in the regulation status of…
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Modern Economy
December 29, 2015
Licensing imposes barriers to entry in an occupation, effectively restricting the supply of licensed workers in the occupation, and driving prices up. We evaluate the effects of introducing mandatory licensing…
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Senate Judiciary Committee
February 2, 2016
Chairman Lee, Ranking Member Klobuchar, and Members of the Subcommittee: thank you for the opportunity to appear here today to testify about occupational licensing. This is an important economic issue,…
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Center for Economic and Policy Research
February 22, 2016
This paper examines the evidence that the pay gap [among highly-paid professionals] is due to protectionist measures that restrict competition. The most important of these protectionist measures are licensing practices…
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The White House
April 2016
As highlighted in a recent White House report, the share of workers in occupations requiring some sort of State license grew fivefold over the last half of the 20th century,…
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The Brookings Institution
June 21, 2016
In most occupations, licensing is associated with lower unemployment rates, even after adjusting for observable worker differences. Another way to describe this result is that unlicensed workers bear a greater…
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NBER
July 2016
Occupational licensing is intended to protect consumers. Whether it does so is an important, but unanswered, question. Exploiting variation across states and municipalities in the timing and details of midwifery…
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American Institutes for Research
August 30, 2016
As a type of occupational regulation, licensure is intended to protect the public by ensuring that practitioners possess the required knowledge and skills to safely perform their craft. Unlike certifications,…
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National Bureau of Economic Research Working Paper No. 22627
September 2016
Estimating consumer surplus is challenging because it requires identification of the entire demand curve. We rely on Uber’s “surge” pricing algorithm and the richness of its individual level data to…
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Council of Economic Advisors
October 2016
In 2015, CEA, the Treasury Office of Economic Policy, and the Department of Labor released a report on the evidence that licensing requirements raise the price of goods and services,…
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Institute for Justice
October 2016
[T]his report puts occupational licensing to the test, using the District of Columbia’s now-defunct tour guide licensing scheme as a case study. It finds that the scheme had no effect…
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Center for the Study of Economic Liberty at Arizona State University
November 7, 2016
This study is the first of its kind to explore the relationship between three-year recidivism rates for new crimes and relate it to occupational licensing burdens by combining data from…
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Migration Policy Institute
December 2016
While the United States has long been a top destination for the world’s best and brightest, it has fallen short when it comes to fully tapping the skills and training…
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American Economic Association
December 21, 2016
The economic effects of occupational licensing remains an understudied topic, but even less is known about the effects of the removal of licensing legislation. In this paper we take advantage…
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Center for Economic Studies, US Census Bureau
February 2017
Occupational licensing regulation has increased dramatically in importance over the last several decades, currently affecting more than one thousand occupations in the United States. I use confidential U.S. Census Bureau…
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Regulatory Transparency Project
November 13, 2017
[T]he purported benefits of occupational licensing requirements — particularly those imposed by active market participants — often fail to come to fruition in practice. This is not entirely surprising, given…
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NBER
December 2017
The length of time from the implementation of an occupational licensing statute (i.e., licensing duration) may matter in influencing labor market outcomes. Adding to or raising the entry barriers are…
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The Buckeye Institute
December 18, 2017
Building upon our earlier research, we have applied a macroeconomic dynamic scoring model developed by economists at The Buckeye Institute’s Economic Research Center to data collected by the U.S. Bureau…
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Mercatus Center
February 28, 2018
A 2017 study by the Institute for Justice (IJ) examined occupational licensure laws for 102 lower-income occupations and found that Michigan requires a license for 49 of them. Obtaining a…
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