The Conflict Between Property Rights and the Public Interest in Occupational Licensing

[摘要] This paper examines the conflict between private property rights of persons in the practice of their occupations and the public interest in state regulation of certain occupations. Part I explores the history of property and rights in property. Part II describes how sociological, legal and economic factors compete in the arena of state and private regulation of occupations. Part III focuses on how Michigan regulates physical therapists, as an example of state regulation of an occupation, and on how the issue of direct access draws in the conflict between private property rights and the public interest. This paper concludes by describing what issues in today;;s regulatory environment involve the conflict between private rights and the public interest and how that conflict is being increasingly resolved in the courts.

[发布机构] University of Michigan

[效力级别] private property

[关键词] property rights;private property;government regulation;public interest;Michigan;physical therapist;Public Administration