reference library

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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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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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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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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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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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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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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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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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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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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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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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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[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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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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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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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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