University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 4-18-2019 Occupational Licensing and the Limits of Public Choice Theory Gabriel Scheffler University of Pennsylvania Carey Law School, Yale Law School Ryan Nunn Brookings Institution, Hamilton Project Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Administrative Law Commons, Antitrust and Trade Regulation Commons, Constitutional Law Commons, Consumer Protection Law Commons, Economics Commons, Law and Economics Commons, and the Public Law and Legal Theory Commons Repository Citation Scheffler, Gabriel and Nunn, Ryan, "Occupational Licensing and the Limits of Public Choice Theory" (2019). Faculty Scholarship at Penn Law. 2072. https://scholarship.law.upenn.edu/faculty_scholarship/2072 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. OCCUPATIONAL LICENSING AND THE LIMITS OF PUBLIC CHOICE THEORY RYAN NUNN* & GABRIEL SCHEFFLER** ABSTRACT Public choice theory has long been the dominant lens through which economists and other scholars have viewed occupational li- censing. According to the public choice account, practitioners favor licensing because they want to reduce competition and drive up their own wages. This essay argues that the public choice account has been overstated, and that it ironically has served to distract from some of the most important harms of licensing, as well as from po- tential solutions. We emphasize three specific drawbacks of this ac- count.