reference library

/reference library
reference library2018-06-08T14:23:35-07:00

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.

Occupational Licensing Reform Across the United States

Marc Kilmer

Arkansas Center for Research in Economics

October 2018

Political leadership from the governor was one of the strongest factors influencing whether or not licensing was reformed. Governors accomplished this in a myriad of ways. Both Michigan Governor Rick…
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Occupational Licensing and Certification: Remedies for Denial

Douglas A. Wallace

William and Mary Law Review


Regardless of these uncertainties, judicial intervention in the internal affairs of professional associations is destined to increase. The present century is widely interpreted as being in the throes of a…
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Antitrust Immunity and the Economics of Occupational Licensing

Steve B. Johnson and John B. Corgel

American Business Law Journal


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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Qualified (Immunity) for Licensing Board Service?

Christopher James Marth

University of Chicago Law Review


State licensing boards perform the important government function of regulating professions, but there is a concern that these boards can be captured by interest groups and pursue private, anticompetitive ends….
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Constitutional Limitations on State-Imposed Continuing Competency Requirements for Licensed Professionals

Toni M. Massaro and Thomas L. O'Brien

William and Mary Law Review


The movement toward increased regulation of the professions continues. As states impose new requirements, legal challenges will follow. This Article advocates that states use caution and restraint in evaluating the…
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The Economics of Occupational Licensing: Applying Antitrust Economics to Distinguish Between Beneficial and Anticompetitive Professional Licenses

Neil Katsuyama

Southern California Interdisciplinary Law Journal


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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Occupational Licensing: A Warning

Patrick K. Mackin

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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Judicial Abdication and the Rise of Special Interests

Steven M. Simpson

Chapman Law Review

June 17, 2003

If the extreme judicial deference epitomized by the rational basis test is the wrong approach to economic legislation, what is the right approach? One answer is that economic rights should…
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Cartels By Another Name: Should Licensed Occupations Face Antitrust Scrutiny?

Aaron Edlin and Rebecca Haw

University of Pennsylvania Law Review

April 2014

We contend that the state action doctrine should not prevent antitrust suits against state licensing boards that are comprised of private competitors deputized to regulate and to outright exclude their…
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Challenging Government-Sponsored Private Regulation of Competitors

Alexander Volokh

Reason Foundation

May 22, 2014

It has been a longstanding practice in America for governments to give private entities made up of professionals in an industry the authority to regulate the profession (e.g., state bar…
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Public Choice Theory and Occupational Licensing

Paul J. Larkin

Harvard Journal of Law and Public Policy

December 19, 2014

Occupational licensing is now one of the most widespread and fastest growing forms of labor market regulation. Occupational licensing requirement generally are defended on the ground that they offset the…
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Occupational Speech and the First Amendment

Paul Sherman

Harvard Law Review Forum

March 2015

As I have tried to explain above, granting full First Amendment protection to occupational speech is the only position that is consistent with binding Supreme Court precedent. It is also…
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Putting Licensing to the Test

Angela C. Erickson

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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A Radical Solution to the Overuse of Occupational Licensing

Tyler Cowen

Bloomberg Opinion

March 5, 2018

Unfortunately, I don’t expect the federal bureaucracy to usher in the reign of Milton Friedman’s Chicago School economics. But the federal regulatory process would likely pay less heed to local…
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On Professional Power and Conflict of Interest: State Licensing Boards on Trial

Harris S. Cohen

Journal of Health Politics, Policy and Law

Summer 1980

Licensing of the health professions is an issue of public policy which has been under fire for years. Economists argue that licensing stifles competition and increases health care costs. Manpower…
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Brief for the Cato Institute as Amicus Curiae in Support of Petitioners: Ndioba Niang and Tameka Stigers v. Brittany Tomblinson

Ilya Shapiro, Tervor Burrus, and J. Aaron Barnes

The Cato Institute

May 2018

Ndioba Niang and Tameka Stigers are traditional African-style hair braiders, a unique skill with a rich history and profound cultural significance. They wish to support themselves by offering their services…
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