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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]