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44 U. Chi. L. Rev. 6 (1976-1977)
The Abuse of Occupational Licensing

handle is hein.journals/uclr44 and id is 10 raw text is: The Abuse of Occupational Licensing Walter Gellhornt Occupational licensing is invariably justified as a means of pro- tecting the public against incompetent and dishonest practitioners. The effect of mandatory licensure, however, is often to restrict entry into an occupation, thereby reducing competition among established members. Professor Gellhorn finds ample evidence that the prolifera- tion of pseudo professions has adversely affected occupational mobil- ity and economic competition, and warns that even such well- intended proposals as requiring the certification of lawyers with spe- cialized practices may have similar consequences. He concludes that less restrictive forms of licensing should be employed to protect the public against shoddy or fraudulent services without curtailing occu- pational freedom. In this bicentennial year devoted to celebrating American free- doms, literally hundreds of occupations are subject to licensing laws in one or more states. Possibly the founding fathers knew of restric- tions in some of the new American states on the practices of law and medicine.' They would, however, have been aghast to learn that in many parts of this country today aspiring bee keepers, embalmers, lightning rod salesmen, septic tank cleaners, taxidermists, and tree surgeons must obtain official approval before seeking the public's patronage.2 After examining the roster of those who must receive official permission to function, a cynic might conclude that virtually the only people who remain unlicensed in at least one of the United States are clergymen and university professors, presumably because they are nowhere taken seriously. f University Professor Emeritus, Columbia University. The author is happy to have an opportunity to join others in expressing esteem and affection for Kenneth C. Davis. Professor Davis's influence and forceful expressiveness in administrative law are unmatched in Amer- ica. He richly deserves the respect which this issue of the Review signifies. I Wallace, Occupational Licensing and Certification: Remedies for Denial, 14 WM. & MARY L. REV. 46, 46 n.1 (1972). 2 In 1969 West Virginia was the foremost adherent to free enterprise, with only 63 occupations subject to licensure. California was the most restrictive, with 178 licensed occu- pations; Pennsylvania closely followed with 165. K. Greene, Occupational Licensing and the Supply of Non-Professional Manpower 17 (Manpower Research Monograph No. 11, 1969). For a compilation of occupations subject to license, see id. at 51. See also Council of State Governments, Occupations and Professions Licensed by the States (Pub. No. RM-422, 1968). Federal occupational licensing also exists, as in radio operation and stockyard services. W. GELLHORN, INDIVIDUAL FREEDOM AND GOVERNMENTAL REsTRmAINTs 106 (1956).

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