The Multiple Justifications of Occupational Licensing

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Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Multiple Justifications of Occupational Licensing by : Nick Robinson

Download or read book The Multiple Justifications of Occupational Licensing written by Nick Robinson and published by . This book was released on 2019 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly a quarter of all workers in the United States are currently in a job that requires an occupational license. As the prevalence of occupational licensing has grown, so have claims that its overuse is causing increased consumer costs and impairing labor mobility and economic freedom. To address these concerns, many policymakers and academics argue that licensing restrictions should be more closely tailored to the goal of protecting the public from harm and that, to guard against capture, practitioners should not regulate their own licensing. Federal courts, in turn, have drawn on this vision of the proper role of occupational licensing to significantly limit when and how licensing can be used through their interpretation of antitrust law and the First and Fourteenth Amendments of the Constitution.This Article takes a step back to argue that these critiques of occupational licensing, and the federal jurisprudence based on them, embrace a narrow view of the role of licensing in the economy that is grounded in both an embrace of economic libertarianism and an antagonism towards professional self-regulation. While this view generally recognizes licensing as justified to protect the public from harm in limited situations, it disregards a range of other values that occupational licensing has historically been viewed to promote. This Article draws on social science literature to categorize these other justifications as (1) fostering communities of knowledge and competence; (2) developing relationships of trust; and (3) buffering producers from the market.The Article uses specific examples from the judiciary's occupational licensing jurisprudence to show how acknowledging this broader set of justifications should constrain the courts from imposing a narrow view of licensing's role in the economy. It ends by suggesting that if the federal government is to shape occupational licensing policy, Congress and the Executive are better placed than the judiciary to take the lead.

The Right to Earn a Living

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Publisher : Cato Institute
ISBN 13 : 1935308343
Total Pages : 400 pages
Book Rating : 4.9/5 (353 download)

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Book Synopsis The Right to Earn a Living by : Timothy Sandefur

Download or read book The Right to Earn a Living written by Timothy Sandefur and published by Cato Institute. This book was released on 2010-10-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.

The Rule of Experts

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Publisher : Cato Institute
ISBN 13 : 1937184439
Total Pages : 121 pages
Book Rating : 4.9/5 (371 download)

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Book Synopsis The Rule of Experts by : S. David Young

Download or read book The Rule of Experts written by S. David Young and published by Cato Institute. This book was released on 1987-03-01 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: S. David Young argues that occupational licensing results in the misallocation of labor and harms consumers.

The Rule of Experts

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Publisher : Cato Inst
ISBN 13 : 9780932790620
Total Pages : 99 pages
Book Rating : 4.7/5 (96 download)

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Book Synopsis The Rule of Experts by : S. David Young

Download or read book The Rule of Experts written by S. David Young and published by Cato Inst. This book was released on 1987 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Licensing Occupations

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Publisher : W.E. Upjohn Institute
ISBN 13 : 0880992859
Total Pages : 212 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis Licensing Occupations by : Morris M. Kleiner

Download or read book Licensing Occupations written by Morris M. Kleiner and published by W.E. Upjohn Institute. This book was released on 2006 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Attempts to present a systematic discussion of the major benefits and costs of occupational licensing to the economies of the United States and several European countries." - page xiii.

Occupational Licensing and Certification

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Publisher :
ISBN 13 : 9780961338206
Total Pages : 1098 pages
Book Rating : 4.3/5 (382 download)

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Book Synopsis Occupational Licensing and Certification by : California Landmark Publications Staff

Download or read book Occupational Licensing and Certification written by California Landmark Publications Staff and published by . This book was released on 1984 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Occupational Licensing

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Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis Occupational Licensing by : Wisconsin. Legislature. Legislative Council

Download or read book Occupational Licensing written by Wisconsin. Legislature. Legislative Council and published by . This book was released on 1970 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Occupational Licensing

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Publisher : Nova Science Publishers
ISBN 13 : 9781634843409
Total Pages : 0 pages
Book Rating : 4.8/5 (434 download)

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Book Synopsis Occupational Licensing by : Margie Castro

Download or read book Occupational Licensing written by Margie Castro and published by Nova Science Publishers. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past several decades, the share of U.S. workers holding an occupational license has grown sharply. When designed and implemented carefully, licensing can offer important health and safety protections to consumers, as well as benefits to workers. However, the current licensing regime in the United States also creates substantial costs, and often the requirements for obtaining a license are not in sync with the skills needed for the job. There is evidence that licensing requirements raise the price of goods and services, restrict employment opportunities, and make it more difficult for workers to take their skills across State lines. Too often, policymakers do not carefully weigh these costs and benefits when making decisions about whether or how to regulate a profession through licensing. In some cases, alternative forms of occupational regulation, such as State certification, may offer a better balance between consumer protections and flexibility for workers. This book outlines the growth of licensing over the past several decades, its costs and benefits, and its impacts on workers and work arrangements. The book recommends several best practices to ensure that licensing protects consumers without placing unnecessary restrictions on employment, innovation, or access to important goods and services.

Analyzing the Extent and Influence of Occupational Licensing on the Labor Market

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Publisher :
ISBN 13 :
Total Pages : 35 pages
Book Rating : 4.:/5 (424 download)

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Book Synopsis Analyzing the Extent and Influence of Occupational Licensing on the Labor Market by : Morris M. Kleiner

Download or read book Analyzing the Extent and Influence of Occupational Licensing on the Labor Market written by Morris M. Kleiner and published by . This book was released on 2009 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the extent and influence of occupational licensing in the U.S. using a specially designed national labor force survey. Specifically, we provide new ways of measuring occupational licensing and consider what types of regulatory requirements and what level of government oversight contribute to wage gains and variability. Estimates from the survey indicated that 35 percent of employees were either licensed or certified by the government, and that 29 percent were fully licensed. Another 3 percent stated that all who worked in their job would eventually be required to be certified or licensed, bringing the total that are or eventually must be licensed or certified by government to 38 percent. We find that licensing is associated with about 14 percent higher wages, but the effect of governmental certification on pay is much smaller. Licensing by multiple political jurisdictions is associated with the highest wage gains relative to only local licensing. Specific requirements by the government for a worker to enter an occupation, such as education level and long internships, are positively associated with wages. We find little association between licensing and the variance of wages, in contrast to unions. Overall, our results show that occupational licensing is an important labor market phenomenon that can be measured in labor force surveys.

Evaluation of the Effectiveness of the Occupational Licensing Program

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Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis Evaluation of the Effectiveness of the Occupational Licensing Program by :

Download or read book Evaluation of the Effectiveness of the Occupational Licensing Program written by and published by . This book was released on 2003 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Prevalence and Effects of Occupational Licensing

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Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis The Prevalence and Effects of Occupational Licensing by : Morris M. Kleiner

Download or read book The Prevalence and Effects of Occupational Licensing written by Morris M. Kleiner and published by . This book was released on 2008 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides the first nation-wide analysis of the labor market implications of occupational licensing for the U.S. labor market, using data from a specially designed Gallup survey. We find that in 2006, 29 percent of the workforce was required to hold an occupational license from a government agency, which is a higher percentage than that found in studies that rely on state-level occupational licensing data. Workers who have higher levels of education are more likely to work in jobs that require a license. Union workers and government employees are more likely to have a license requirement than are nonunion or private sector employees. Our multivariate estimates suggest that licensing has about the same quantitative impact on wages as do unions -- that is about 15 percent, but unlike unions which reduce variance in wages, licensing does not significantly reduce wage dispersion for individuals in licensed jobs.

Occupational Licensure and Regulation

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Publisher : A E I Press
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Occupational Licensure and Regulation by : Simon Rottenberg

Download or read book Occupational Licensure and Regulation written by Simon Rottenberg and published by A E I Press. This book was released on 1980 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Choice Theory and Occupational Licensing

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ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Public Choice Theory and Occupational Licensing by : Larkin, Jr. (Paul J.)

Download or read book Public Choice Theory and Occupational Licensing written by Larkin, Jr. (Paul J.) and published by . This book was released on 2015 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 information disparity between service providers and consumers by guaranteeing a minimal level of qualifications. Over time, however, a large number of federal government officials, scholars, and commentators have criticized the widespread use of occupational licensing requirements. They have argued that licensing requirements benefit licensees, not consumers, by helping to create a cartel that can avoid competition and raise prices. Public Choice Theory is a useful tool for analyzing licensing requirements because it applies microeconomic and game theory to the political process. Doing so gives rise to the remarkable irony that the justification for regulation has come full circle. Originally, the rationale was that government intervention would remedy economic market failures in furtherance of the public interest. Today, we see that government intervention causes political market failures in furtherance of private interests. Government has become the problem, not the solution.That conclusion justifies a re-examination of the constitutionality of many occupational licensing schemes. Then Supreme Court has been unwilling to re-examine the constitutionality of these programs since the new Deal, but there are two grounds that might prove useful. One is the Equal Protection Clause. It requires a rational basis for treating similarly situated people differently. Here, the argument would be that the basis for requiring licenses is due to the operation of political bribery and extortion, which is not a legitimate state interest. The second argument would be that many license schemes vest lawmaking authority in private parties, which the Private Delegation Doctrine forbids.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Occupational Licensing and Quality

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Occupational Licensing and Quality by : Bradley Larsen

Download or read book Occupational Licensing and Quality written by Bradley Larsen and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines a common form of entry restriction: occupational licensing. The paper studies two questions: first, how occupational licensing laws affect the distribution of quality, and second, how the effects of licensing on quality vary across regions of differing income levels. The paper uses variation in state licensing requirements for teachers and two national datasets on teacher qualifications and student outcomes from 1983-2008. Two measures of quality are used: the qualifications of candidates entering the occupation (input quality) and the quality of service provided (output quality). Results show that more restrictive licensing laws may lead some first-year teachers of high input quality to opt out of the occupation. In the sample of teachers who remain in the occupation multiple years, stricter licensing appears to increase input quality at most quantiles of the teacher quality distribution. The distribution of student test scores also increases with stricter occupational licensing, primarily in the upper half of the distribution. For most forms of licensing studied, input and output quality improvements due to stricter licensing requirements occur in high-income rather than low-income school districts, consistent with theoretical predictions of Shapiro (1986).

Occupational Licensing Legislation in the States

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Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Occupational Licensing Legislation in the States by : Council of State Governments

Download or read book Occupational Licensing Legislation in the States written by Council of State Governments and published by . This book was released on 1952 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventing Regulatory Capture

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Publisher : Cambridge University Press
ISBN 13 : 1107036089
Total Pages : 531 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Preventing Regulatory Capture by : Daniel Carpenter

Download or read book Preventing Regulatory Capture written by Daniel Carpenter and published by Cambridge University Press. This book was released on 2014 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.