Weekly litigation report — December 10, 2016

PLF supports freedom to work Overcriminalization and environmental law Good decision in California endangered species case Union trespass onto private property Shorelines and the public trust Department of Labor shenanigans challenge Take home liability PLF supports freedom to work Today … Continue reading

PLF argues in Oregon Supreme Court that laws should benefit the public, not cronies

Though occupational licensing laws are often justified in terms of health or safety, studies show that licensing regimes are more often bare attempts by entrenched business interests to protect their market share.  The result of such crony laws is that … Continue reading

Bill to license music therapists in New Jersey refuses to die

Almost a year ago I wrote about a bill pending in the New Jersey legislature that would’ve created an occupational license for music therapists in the state. Fortunately, that bill didn’t make it through the legislature, and the legislative session … Continue reading

California commission recommends major occupational licensing reform

Earlier this month California’s Little Hoover Commission released its report (Jobs for Californians: Strategies to Ease Occupational Licensing Barriers) on occupational licensing in the state. Noting that licensing is often sold as a means to protect consumers while actually serving other … Continue reading

States can’t evade the First Amendment by labeling speech “professional conduct”

Today we filed this brief asking a full panel of the Eighth Circuit Court of Appeals to rehear our case on behalf of Leslie Young. Leslie Young is an advertising broker.  She started her business—eList.me—to help people who want to … Continue reading

Pennsylvanians benefit from more economic liberty

It has been said that “no man’s life, liberty, or property are safe while the legislature is in session.” In Pennsylvania that couldn’t be more true. Two bills are currently pending in the Pennsylvania Legislature that would erect barriers to … Continue reading

President’s weekly report — March 4, 2016

Hawkes: 16 – 0 We received sixteen briefs in support of our client, the Hawkes Company, and none in support of the government in Corps of Engineers v. Hawkes. From 29 states to farmers and think tanks, there is widespread … Continue reading

Policymakers considering occupational licensing changes?

This week, two different committees of legislative policymakers met to discuss the impact of occupational licensing on entrepreneurs and the economy. On Tuesday, the United States Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights took up the issue, … Continue reading

Nevada needs economic liberty

A successful limousine company with a proven safety record shouldn’t have to get permission before expanding its fleet. But in Nevada, the Transportation Authority requires businesses to first seek permission from their competitors before expanding. This type of occupational licensing law, … Continue reading

Debates over occupational licensing must remember the Constitution

A debate recently appeared in the editorial pages of the Grand Forks Herald in North Dakota. Articles were written in favor of and opposed to occupational licensing in the state. Because neither piece discussed the constitutional ramifications of occupational licensing, … Continue reading