Friday, January 17, 2014

How Judges Should Decide


But sometimes the license isn’t about general welfare. In Louisiana, for instance, the state requires a license to practice floristry. In order to earn such a license, applicants take a written test and then must pass a practical exam in which they create four floral arrangements to be graded, completely subjectively, by a panel of certified florists. Very few applicants pass this ludicrous exercise, suggesting that the Louisiana floristry license is really an example of a business cartel hijacking the power of the state and using it to protect its interests.

Read all of Jonathan V. Last's essay on Clark Neily's theory of judicial engagement.

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