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Occupational Licensing And The Limits Of Public Choice Theory, Gabriel Scheffler, Ryan Nunn
Occupational Licensing And The Limits Of Public Choice Theory, Gabriel Scheffler, Ryan Nunn
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Public choice theory has long been the dominant lens through which economists and other scholars have viewed occupational licensing. According to the public choice account, practitioners favor licensing because they want to reduce competition and drive up their own wages. This essay argues that the public choice account has been overstated, and that it ironically has served to distract from some of the most important harms of licensing, as well as from potential solutions. We emphasize three specific drawbacks of this account. First, it is more dismissive of legitimate threats to public health and safety than the research warrants. Second, …
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
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Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development of private enforcement. We also set forth key elements of the general legal landscape in which decisions about private enforcement are made, aspects of which should be central to the choice of …