Licensing Laws Research Articles

Job Market Signaling through Occupational Licensing

Abstract Among men, the Black-white wage gap is as large today as it was in 1950. We test whether this gap is due to asymmetric information using newly collected data on occupational licensing laws that ban workers with criminal records. We find evidence supporting this hypothesis. The licensing premiums for Black men are largest in licensed occupations that restrict felons, particularly in states with banthe-box laws and at small businesses. In these contexts where a worker’s criminal history is difficult to infer, we find that occupational licensing reduces asymmetric information and reduces the racial wage gap.

On the Principle of Protection of Reliance Interests in Administrative Law

Reliance on the principle of protection of interests first appeared in Germany, the German Administrative Procedure Act of 1976 established the principle as one of the basic principles of administrative law, and since then has undergone continuous development and improvement, and the development and improvement of the principle of protection of interests of the other civil law countries has had a far-reaching impact on the development and improvement of the principle of protection of interests of reliance. China's research on the principle of protection of reliance interests started late, the implementation of the administrative licensing law in 2004, article 8 and article 69 is the first time in China to the principle of clarity, which shows that the Chinese government is committed to transforming the functions of the government, in order to effectively protect the administrative relative of the legitimate interests of the trust. The concept of building a country based on the rule of law in China has put forward higher requirements for government integrity, and the administrative organ should ensure the continuity and stability of its administrative behaviour, guarantee the legitimate expectations of citizens, and maintain the stability of social order. The government's backtracking will cause incalculable damage to the government's credibility and integrity image. The application of the principle of protection of reliance interests in China is not only a necessary element in promoting the construction of a government of integrity in China, but also an important condition for the construction of a modern state of law.

How do licensing boards provide oversight? An Idaho case study

AbstractOccupational licensing laws are designed to improve service quality and protect consumers from harm by establishing entry requirements and oversight of practising professionals. Evidence on the effects of licensing is mixed. The quality of services is difficult to measure objectively, complicating attempts to compare costs and benefits of regulation. A 2017 executive order in the US state of Idaho required licensing boards to report disciplinary actions against professionals. This new source of data provides some insight into the type of enforcement undertaken by licensing boards. We find that disciplinary actions directly related to quality are rare. Between 0.01 and 0.38 per cent of licensees are disciplined for quality‐related issues; 36 to 53 per cent of total disciplinary actions are directly related to quality, with the rest covering technical breaches.

Substance use in Guyana: Echoes of the colonial past

AbstractThe impact of intoxicating substances both licit and illicit has been integral to expressions of colonial power and the control of colonised populations, including in Caribbean societies. Historically, licensing laws and carceral institutions were used to discipline workers, and the ongoing criminalisation of certain drugs illustrates the transhistorical legacies that continue to haunt former British colonies like Guyana. Focusing on prisons and prisoners to explore the histories and lingering legacies of colonial drug policies in the country, despite a much‐changed international context, this article documents experiences of, and approaches to, the management and prohibition of psychoactive substances. It reveals connections and continuities between substance use, enslavement, labour, and incarceration, and their relationship both to what we conceptualise as ‘the colonial imaginary’ and ‘booty capitalism’ of the modern age. The article will show how now and in the past, the colonisers partook in extractive booty capitalism (Weber, 1930), while in order to survive, the colonised partook in booty capitalism of the streets (Wacquant, 2003).

Role of the Built Environment, Roadway Characteristics, and Socioeconomic Factors in Keeping Teen Drivers Safe: An Investigation of the Factors Most Related to Teen Driver Fatalities

The role of engineering, through infrastructure design, is known to influence safe driving behavior generally, yet the areas of possible intervention that could improve safe outcomes for teens are less understood. It is critical to identify interventions specific to teens, as they have different driving risk factors than more seasoned drivers, and motor vehicle crashes are the second leading cause of death among teens in the United States. We examined 5,210 fatal crashes from 2015 to 2019 in Ohio using Fatality Analysis Reporting System data. We employed multinomial logistic regression to associate the likelihood of fatal crashes involving younger teens (16 to 17 years old) or older teens (18 to 19 years old) relative to adults (20 years and older) with built environment, socioeconomic, and roadway characteristics at crash locations. Separating crashes into the two groups of teens allowed us to distinguish the possible impact of training, as younger teens are mandated to undergo driving education and behind-the-wheel training under Ohio’s graduated driver licensing laws. We found that compared with neighborhood socioeconomics, built environment factors were more significant predictors of the likelihood of fatal crashes involving younger teens compared with adults. Specifically, fatal crashes at locations with lower road density and more diverse land use were more likely to involve younger teens. Although these results could be related to a mix of younger teen driver behavior and exposure factors, the finding highlights that improving the safety of local roads in urban and rural settings could help stem teen driving fatalities.

Firearm Purchaser Licensing Laws and Firearm Deaths Among Adolescents and Emerging Adults

Research on firearm purchaser licensing laws has found population level reductions in firearm-related mortality. Limited research has been conducted specifically examining the impact of these laws among adolescents and emerging adults. We obtained death data from the National Center for Health Statistics from 1990 to 2019. We generated state-year rates of homicide and suicide, stratified by firearm involvement, for decedents aged 15 to 24. We stratified by race and ethnicity (white, Black, and Hispanic) to assess for differential policy effects. We used stacked difference-in-difference and augmented synthetic control modeling to estimate law repeal or adoption. Repeal of firearm purchaser licensing laws was associated with significantly higher rates of firearm homicide and suicide among those age 15 to 24. The adoption of these laws was associated with significantly lower rates of firearm homicide and suicide among this group. These laws are a promising supply-side intervention to reduce firearm mortality among those with elevated violence vulnerability.

Firearm injury hospitalizations and handgun purchaser licensing laws: longitudinal evaluation of state-level purchaser licensure requirements on firearm violence, 2000–2016

BackgroundHandgun purchaser licensing (HPL) laws mandate individuals to obtain a license from law enforcement before buying a firearm. Research indicates these laws effectively reduce various forms of fatal firearm violence, including homicides, suicides, and mass shootings. Our study sought to assess the impact of HPL laws on non-fatal firearm violence.MethodsUtilizing the augmented synthetic control method (ASCM), we estimated the average treatment effect on the treated (ATT) resulting from a full repeal of an HPL law in Missouri (2007), a partial repeal in Michigan (2012), and an adoption on HPL law in Maryland (2013) on firearm injury hospitalizations. We utilized RAND's healthcare cost and utilization project-based dataset from 2000 to 2016 for our outcome variable. We conducted in-time placebo testing and leave-one-out donor pool testing as sensitivity analyses.ResultsMaryland’s adoption was associated with a statistically significant 32.3% reduction in firearm-related injury hospitalization (FIH) rates (ATT = − 0.497, standard error (SE) = 0.123); Missouri’s repeal was associated with a statistically significant 35.7% increase in FIH rates (ASCM = 0.456, SE = 0.155); and Michigan’s partial repeal showed no statistically significant associations with FIH rates (ATT = − 0.074, SE = 0.129). Sensitivity analyses confirm the robustness of the estimated HPL effects.DiscussionHPL laws appear to be protective against hospitalizations for nonfatal firearm injuries. These findings align with prior research indicating that HPL laws are effective in reducing fatal firearm violence. States without such licensing systems ought to consider these robust policies as a means to address firearm violence.

Concealed Handgun License Laws and Concealed Handgun License Adoption, 2002–2019

IntroductionNational-level data suggest that gun owners in the United States carry concealed weapons in public at growing rates. This research investigates whether these trends are associated with state adoption of more permissive concealed carry licensing laws between 2002-2019. MethodsData was obtained from 31 U.S. states from 2002-2019. State-level rates of licenses issued, denied, and newly issued per 100,000 residents were calculated and compared across three state legal categories: 1) states that banned carrying concealed weapons and adopted a shall-issue law, 2) states with a may-issue law that adopted a shall-issue law and 3) states that made no changes to concealed carry licensing laws. Difference-in-differences methods were used to compare the rate of licenses newly issued and denied in ban to shall-issue states relative to states with no concealed carry licensing law change during the study timeframe. Data were analyzed in 2022-23. ResultsStates that transitioned from a ban on concealed weapons carrying to shall-issue laws were positively associated (2-6%, SE=.11-.13) with additional new licenses relative to states that did not enact concealed carry licensing law changes. Ban to shall-issue law changes were also associated with denial of substantially more licenses (75-85%, SE=.24-.23). Further, states that transitioned from may-issue to shall-issue laws awarded fewer licenses than those transitioning from a concealed weapons ban to shall-issue laws. ConclusionsState-level concealed carry licensing may inform public health and safety policies as large restrictive U.S. states transition to more permissive concealed carry licensing laws.

License to drive: State driver’s licensing laws and the travel of unauthorized immigrants

Since 1993, eighteen states and the District of Columbia have adopted laws allowing unauthorized immigrants to acquire driver’s licenses. California is one of these states, passing the Safe and Responsible Drive Act (AB 60) in 2013. In this paper, we examine the relationship between the adoption of state driver’s licensing laws and the commute mode of unauthorized immigrants. We focus specifically on the proportion of unauthorized Latin American immigrants in California who commute by car, drive alone to work, and commute by public transit, testing a number of model specifications and proxies for identifying undocumented immigrant residents. We find that the implementation of AB 60 was associated with a 2.0 percentage-point increase in car commuting and a 4.2 percentage-point increase in driving to work alone by unauthorized immigrants. Results also show a 1.4 percentage-point decline in the rate of commuting by public transit after AB 60′s implementation. This drop in transit use, however, was less statistically robust than findings regarding car commuting.

The Restructuring Righteous Foreign Worker Regulations: The Challenge of Enormous Influx of Foreign Workers

Foreign workers are needed to overcome the challenge of a shortage of professional workers. However, the ineffectiveness of foreign worker licensing regulations in Indonesia hampers the supply of qualified foreign workers and impacts regional levy revenues. This research aims to structure the rules for the fair use of foreign workers. This is normative juridical research with conceptual, statutory, and comparative approaches. The results of a comparison of foreign worker regulations in Indonesia and Singapore are used to develop a regulatory concept that is more responsive to the use of foreign workers, especially in the health sector. The idea of licensing law and justice theory is used for analysis. The research results show that the regulations on using foreign workers in Indonesia are not yet comprehensive regarding the rules for qualifying foreign workers as a condition for issuing permits and justifying good public services. The issuance of permits to use foreign workers has been hampered because several regions do not yet have implementing regulations that impact the collection of regional levies. Second, setting up mechanisms for utilizing foreign workers in Singapore is relatively easy and successful with strict digital-based permit requirements. Thus, Indonesia needs to adopt a foreign labor policy system with strict requirements for issuing permits that are accessible in terms of bureaucracy, changes to laws, implementation of regulations, and drafting of regional regulations.

Problematika Perizinan Penyiaran Berbasis Digital Antara Undang-Undang Penyiaran Dan Undang-Undang Cipta Kerja Di Indonesia

Disharmonization and legal vacuum in digital broadcasting licensing, by looking at the Broadcasting Law and the Job Creation Law which have different paradigms for granting permits for entities that want to carry out broadcasting, such as YouTube, Netflix, etc. The lack of harmony with existing regulations, as well as the vacuum in the digital broadcast licensing law in the Broadcasting Law, of course has the effect of different treatment between conventional and digital. This research uses a normative juridical approach accompanied by literature study in the form of books, journals and other literature. The author also uses comparative models and descriptive analysis in managing qualitative data accompanied by deductive methods. The research results show that the provisions of the Broadcasting Law relate to how to regulate broadcast formats as a license, but only for conventional broadcasting. The Job Creation Law is actually oriented towards facilitating licensing by equalizing the position of broadcasting institutions with legal entities in other sectors without paying attention to the content of their broadcasts, even digital broadcasting licensing has not yet been regulated regarding the ideal form of supervision. The Job Creation Law is too directed at capitalism so there is a need for legal reform, by looking at the models of other countries such as Turkey

Checking the fitness to drive of senior citizens under German law-pending corrective measures to ensure road safety

German driving licence law takes areactive approach to dealing with suitability deficiencies of senior citizens. If the driver is no longer fit to drive and nevertheless participates in traffic, an administrative offence has been committed. If this endangers or injures other people or causes significant damage to property, it may even be acriminal offence. In addition to prosecuting these offences, the driving licence authority may restrict or even withdraw the licence issued. In this respect, senior citizens have ahigh degree of personal responsibility when assessing their fitness to drive. This article presents the current driving license law and discusses the need for changes.Legally, various corrections are required to the current Driving Licence Ordinance and its annexes. At present, there is no clear regulation regarding the general reduction in performance in old age for an event-related assessment of fitness to drive. In addition, in the event of doubts about fitness to drive, the driving licence authority should be expressly granted the power to order standardised driving tests. Furthermore, the legislator must take preventive measures to ensure road safety. He must no longer ignore the current accident situation. In view of the fact that senior citizens aged75 and over are disproportionately involved in traffic accidents with personal injury in terms of their culpable behaviour, it is important to impose moderate restrictions on the personal responsibility of driving licence holders. This is especially true for sensory abilities, which are particularly important in road traffic. Seniors should therefore be required to undergo eye tests from the age of75. From this age onwards, it also seems sensible to introduce compulsory advice on fitness to drive, preferably from your family doctor.

Variation in Young Driver Training Requirements by State

This cross-sectional study evaluates graduated driver licensing laws and requirements for behind-the-wheel training or adult-supervised practice for drivers younger than 18 years.

Overview of State Laws Restricting Alcohol Outlet Density in the United States.

Complementing the extensive research literature demonstrating that increased alcohol outlet density is associated with excessive alcohol consumption and related harms, this article synthesizes information on the types of alcohol outlet density restrictions in US state-level laws. Statutes and regulations related to alcohol outlet density in all 50 states and the District of Columbia in effect as of January 1, 2022, were collected using Westlaw. State-level density restrictions were coded according to 4 variables and overlaid with existing research on state-specific local authority to regulate outlet density. Alcohol outlet density laws in Michigan and Massachusetts were analyzed in detail as case studies. United States. US state-level licensing laws restricting alcohol outlet density. Thirty-three states and the District of Columbia have state-level licensing laws that limit alcohol outlet density. Of those, 25 have population-based restrictions, 8 have distance-based restrictions, 7 have quotas, and 6 require the licensing agency to consider density-related factors. Within the same group of 34 jurisdictions, 22 apply restrictions to both on- and off-premises outlets, 5 apply them only to on-premises outlets, and 7 apply them only to off-premises outlets. Among the 32 states where localities lack authority to license alcohol outlets, two-thirds have state-level laws restricting outlet density. State-level density restrictions also exist in approximately two-thirds of the states where localities have licensing authority. Case studies of Michigan and Massachusetts highlight how state-level density restrictions operate in practice. Two-thirds of jurisdictions have state-level alcohol outlet density restrictions, with population-based restrictions being the most common. In addition, outlet density restrictions may exist regardless of limits on local control and whether localities with authority to enact density restrictions have done so. Policymakers and others can reference this assessment to identify examples and opportunities to strengthen the alcohol policy environment in any given state.

Emission of Parasitic X Rays of Vacuum-electron Tubes with Glass Housings: Implications for the Evaluation of Occupational Doses.

Despite the large variety of high-voltage semiconductor components for medium and high voltage switching and pulse-forming applications as well as for high-power high-frequency generation, the use of vacuum electron tubes still prevails to a considerable degree. Due to the common design incorporating a high energy electron beam which finally is dumped into an anode or a resonator cavity, these tubes are also considered as sources of X rays produced as bremsstrahlung and characteristic radiation, which are referred to as parasitic X rays. Here three types of vacuum-electron tubes, diode, tetrode, and thyratron, with glass housings are investigated. They are predominantly operated in the high voltage range below 30 kV and are not subject to licensing laws. The measurements of the dose rate and X-ray-spectra were performed in the laboratory without complex electrical circuitry usually used in making practical measurements for occupational radiation protection. For the diode tube, where a parasitic X-ray emission is observed only in the reverse operation as a blocking diode, a broad distribution of dose rates of electrically equivalent specimens was observed. This is attributed to field emission from the electrodes. For the tetrode and the thyratron tubes, field emission from the electrodes is identified as the dominant mechanism for the generation of parasitic X rays. Thus, technical radiation protection must focus on shielding of the glass tube rather than optimization of the electrical circuitry.

Extending Driver's Licenses to Undocumented Immigrants: Comparing Perinatal Outcomes Following This Policy Shift.

Research shows that restrictive immigration policies and practices are associated with poor health, but far less is known about the relationship between inclusive immigration policies and health. Using data from the United States natality files, we estimate associations between state laws granting undocumented immigrants access to driver's licenses and perinatal outcomes among 4,047,067 singleton births to Mexican and Central American immigrant birthing people (2008-2021). Fitting multivariable log binomial and linear models, we find that the implementation of a license law is associated with improvements in low birthweight and mean birthweight. Replicating these analyses among U.S.-born non-Hispanic White birthing people, we find no association between the implementation of a license law and birthweight. These findings support the hypothesis that states' extension of legal rights to immigrants improves the health of the next generation.

The research On Illegality and Medical Fault Presumption: On the Application of the Article 1222 Paragraph 1of the Civil Code of the PRC

Fault determination has always been a difficult and controversial issue in the determination of medical tort liability. Article 1222 of the Civil Code stipulates three situations for medical fault estimation and establishes objective standards for medical fault estimation, which has positive significance in overcoming the abstraction and uncertainty of the fault determination standard for “medical level” in Article 1221.
 In judicial practice, Article 1222 (1) of the Civil Code can simplify the difficulty of determining the fault of medical torts, but there are also some problems. The judgment standards for medical violations of “duty of care” and “illegality” are often confused, the administrative and civil legal liabilities arising from medical violations are often confused, and the legal responsibilities of medical institutions and medical personnel in medical torts are not distinguished, There is even a trend of ‘illegal is wrong’.
 This article analyzes the nature and circumstances of illegal medical behavior, and demonstrates the relationship between violating diagnostic and treatment norms and illegal behavior. It further suggests establishing a presumption rule of “illegal” and “fault”, limiting the presumption of “illegal” medical behavior to “fault” in private language and excluding public law provisions; Establish hierarchical application rules when violating the “diagnostic and treatment norms” to presume “fault”, thereby reducing the impact of the current confusion of diagnostic and treatment norms on the presumption of fault; The presumption principle of “illegality is fault” applies to violations of licensing laws and regulations; Violating the legal provisions of diagnosis and treatment and applying the principle of “proximate cause” presumption; The rule of presumption of evidence applies to violations of medical record laws and regulations. Through the above rules, objective evaluation of medical behavior and fair division of medical damage liability can be achieved.

Innovative ways of handling staff shortages in ECEC? Increasing flexibility in the regulatory frameworks for non-traditional and non-German professional staff qualifications

The staff shortages in the early childhood education and care (ECEC) sector in Germany are an important issue. They impact centres that are forced to close earlier, shut down entire groups or are unable to open at all due to the lack of pedagogical staff. However, the federal states have been making efforts to address this problem. This article discusses innovative ways of handling staff shortages based on qualitative analyses of current regulations regarding qualification requirements for the ECEC sector in Germany. Our analysis focused on the question concerning the degree to which a multi-professional orientation is already widespread in the 16 licensing laws of the federal states and what other conditions have to be met by individuals wishing to work in the ECEC sector who have no pedagogical qualifications. The second focus regarding the handling of staff shortages was on the formal recognition of migrant pedagogical staff with non-German qualifications. The results revealed first a tendency to open the labour market to individuals with non-pedagogical qualifications in the majority of the federal states. Second, most of the federal states have created ways of recognising non-German qualifications and of putting in place special regulations for Ukrainian pedagogues. In summary, it can be said that despite the relaxing of the licensing laws, no major changes in team composition could be observed. This is a positive sign given the unchanged division of tasks and positions in the teams, as there are currently no structures in place to adequately support team members with non-pedagogical qualifications.

Exclusion from Within: Noncitizens and the Rise of Discriminatory Licensing Laws

In the United States in the early twentieth century, state and local laws discriminating on the basis of alienage proliferated. Progressive reformers, nativist groups, state legislatures, and city councils sought new methods for restricting noncitizen access to the workplace and the marketplace. As this article demonstrates, the primary vehicle they utilized was state and local licensing laws. Licensing proved to be a powerful tool of exclusion; by 1930, citizenship-based licensing restrictions were present in every state and most major cities. Noncitizens challenged some of these laws, pushing for greater protection of their constitutional rights. The resulting court contests over exclusionary licensing laws led to the creation of a new branch of legal doctrine, one that redefined the relationship between noncitizens and state power. This article highlights the significant and underappreciated role played by state and local laws in shaping the immigrant experience in the Progressive Era. It furthers our understanding of the licensing power and illuminates a pivotal moment in the development of immigrant rights. Today, noncitizens are still excluded from a range of economic activities due to licensing restrictions. This article explores the roots and the spread of this little understood – and still consequential – technique of exclusion.

Long-Term Health Benefits of Occupational Licensing: Evidence from Midwifery Laws

During the late 19th and early 20th century, several states mandated midwifery licensing requirements to improve midwives’ knowledge, education, and quality. Previous studies point to the health benefits of midwifery quality improvements for maternal and infant health outcomes. This paper exploits the staggered adoption of midwifery laws across states using event-study and difference-in-difference frameworks. We use the universe of death records in the US over the years 1979-2020 and find that exposure to a midwifery licensing law at birth is associated with a 2.5 percent reduction in cumulative mortality rates and an increase of 0.6 months in longevity during adulthood and old age. The effects are concentrated on deaths due to infectious diseases, neoplasm diseases, and suicide mortality. We also show that the impacts are confined among blacks and are slightly larger among males. Additional analyses using alternative data sources suggest small but significant increases in educational attainments, income, measures of socioeconomic status, employment, and measures of height as potential mechanism channels. We provide a discussion on the economic magnitude and policy implication of the results.