By W. Bain Jones Jr.

In “Leadership In Turbulent Times,” Pulitzer Prize-winning author Doris Kearns Goodwin examines four American presidents: Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Lyndon B. Johnson.

Lincoln faced a severely divided nation struggling with the wretched stain of slavery. The Civil War was killing Americans in unimaginable numbers. Lincoln had lost two of his sons to illness and war. President Lincoln and his wife, Mary, experienced depression in the face of perhaps the most challenging time in United States history.

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By Fred Moreno 

Now that the 2023 legislative session is underway, numerous House and Senate committees are meeting to discuss current legislation along with studies and issues of concern by members of the public, state agencies, and trade groups. One such committee, the House Committee on Regulatory Reform (“HCRR”), is of particular interest to this section. The HCRR met on Wednesday, March 15, and invited the John Locke Foundation along with the Rules Review Commission to give presentations to its committee members.

Jon Sanders, on behalf of the John Locke Foundation, gave a presentation entitled “Occupational Licensing.” Sanders started his presentation off by noting that the North Carolina Constitution states that “enjoyment of the fruits of their own labor” is among a North Carolina citizen’s inalienable rights. He went on to say that occupational licensing is an “entry barrier to someone seeking work in a desired field” and that licensing is North Carolina’s most restrictive occupational regulation, which should be used only when risk to the public welfare is highest. Sanders noted that the North Carolina Department of Commerce’s database shows 931 licenses, which include privilege licenses and special events permitting. He went on to discuss the benefits of licensure (i.e., to protect health, safety and welfare) along with the costs (i.e, fees and background checks). Sanders explained that these regulations result in higher prices for licensed work, fewer options, and poor or dangerous alternatives. He went on to state that these regulations also result in limited growth in licensed occupations, less competition, fewer economic opportunities and less wealth creation. Sanders did not cite any resources or data for these conclusions. Sanders suggested to reserve occupational licensing only for a significant public harm and to instead explore certification, registration, bonding/insurance, inspections, and stronger laws for consumer protections to combat other public harm. Finally, Sanders suggested that the legislative members consider other reforms such as Universal License Recognition, which has been passed in 19 states, along with an Occupational Licensing Consumer Choice Act. The latter would allow unlicensed persons to provide a non-license disclosure form to consumers, which would show their lack of licensure, but would list their other training, experience, or certifications. Sanders stated that consumers would be able to sue the “bad actors” for redress in court and could leave bad reviews for them, which would warn other consumers. He also welcomed people in that industry to call out the bad actors in their profession through advertising.

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By W. Bain Jones Jr.

Our world seems in great turmoil. The United States appears to be challenged by nations with very different political and social objectives. Various outlets blast us with repetitive information about these concerns, and we are left to try to determine what really happened. We are potentially available to others and other groups via cell phones and computers 24/7. The nature of our profession is many times adversarial and too often becomes combative. The desire to be successful, have lots of clients and to win can easily blind our sensibility. Obligations to our families and friends can become a weight on our lives.

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By the Communications Committee

This post links to a wide variety of articles reflecting the breadth and depth of administrative law: a North Carolina entity’s administrative law-related legislative agenda; a new governor’s rule-repeal executive order; AI and regulation; the little-known role of contractors in federal rulemaking; and a Wall Street Journal article about a recent Ohio Supreme Court case eliminating judicial deference to agency interpretations.

For each article, we have provided a link, the title and author, and the opening paragraph or sentence to help you decide if you want to read the article. Note that for some of these articles, a subscription may be required. And, thanks to everyone who suggested articles to include in this post.

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