On Wednesday’s episode of Philosophy in Action Radio, I interviewed Pacific Legal Foundation attorney Timothy Sandefur about “Occupational Licensing Versus the Right to Earn a Living.” The podcast of that episode is now available for streaming or downloading.
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Many states require licenses to practice certain professions – from medicine to styling hair. What are the practical effects of such licensing requirements? Do they protect the public from quacks, as their defenders claim? Or do they violate a person’s right to earn a living, discourage entrepreneurs, promote poverty? How have the courts ruled on cases challenging licensing requirements?
Timothy Sandefur is a Principal Attorney at the Pacific Legal Foundation. As the lead attorney in the Foundation’s Economic Liberty Project, he works to protect businesses against abusive government regulation, and has won important victories for free enterprise in California, Oregon, Missouri, and other states. He is the author of three books, Cornerstone of Liberty: Property Rights in 21st Century America (2006), The Right to Earn A Living: Economic Freedom And The Law (2010), and The Conscience of The Constitution: The Declaration of Independence And The Right to Liberty, which will appear in 2014. He has also published more than 45 scholarly articles on subjects ranging from property rights and economic freedom to intellectual property, evolution and creationism, slavery and the Civil War, and the political philosophy of Shakespeare and ancient Greek literature. He blogs at Freespace.
Listen or Download:
- Duration: 1:07:34
- Download: Standard MP3 File (23.2 MB)
- Tags: Business, Constitution, History, Law, Politics, Regulations, Work
- Occupational licensing
- Litigating cases of occupational licensing
- The source of licensing regulations
- The history of licensing regulations, particularly in California
- The casket industry and economic protectionism
- The bias against the underdog
- Burdens on rights
- Conservatives on occupational licensing
- Judicial restraint versus activism
- The rationale for occupational licensing
- The alternative of private market licenses
- Its actual effects of occupational licensing, particularly on the poor and entrepreneurs
- The right to earn a living
- The history of medical licensing
- Certificates of Need
- The work of the Pacific Legal Foundation
- Forthcoming book: “The Conscience of the Constitution”
- Article: “Love and Solipsism”
- Timothy’s Blog: Freepsace
- Timothy’s Papers: SSRN
- Cornerstone of Liberty: Property Rights in 21st Century America by Timothy Sandefur (Kindle editon)
- The Right to Earn A Living: Economic Freedom And The Law by Timothy Sandefur (Kindle edition)
- The Conscience of The Constitution: The Declaration of Independence And The Right to Liberty by Timothy Sandefur
- CON Job: State â€œcertificate of necessityâ€ laws protect firms, not consumers by Timothy Sandefur
- Love and Solipsism: Law and Arbitrary Rule in Aeschylus, Shakespeare, Sophocles, and Anouilh by Timothy Sandefur
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Philosophy in Action Radio focuses on the application of rational principles to the challenges of real life. It broadcasts live on most Sunday mornings and many Thursday evenings over the internet. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.