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

property rights;private property;government regulation;public interest;Michigan;physical therapist;Public Administration

Kohut, Gary L.Flint ;

University of Michigan

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

Others  :  https://deepblue.lib.umich.edu/bitstream/handle/2027.42/143357/Kohut.pdf?sequence=1&isAllowed=y

瑞士|英语

来源: The Illinois Digital Environment for Access to Learning and Scholarship

【 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.