The Undertaker's Cut: Challenging the Rational Basis for Casket Licensing

23 Pages Posted: 21 May 2016 Last revised: 17 Dec 2016

See all articles by Daniel J. Smith

Daniel J. Smith

Political Economy Research Institute and Department of Economics and Finance at Middle Tennessee State University

Noah Trudeau

West Virginia University, College of Business & Economics, Department of Economics, Students

Date Written: May 19, 2016

Abstract

Oklahoma’s tenth Circuit Court’s Powers v. Harris upheld casket licensure under the rational basis test. We challenge the rational basis for casket licensure by examining the case. We find no rational basis to support casket licensure when it comes to promoting public health or preventing fraud. We also argue that protectionism does not provide a rational basis for casket licensure.

Keywords: Occupational licensing, funeral directors, casket sellers, public choice

JEL Classification: K13, K2, H75

Suggested Citation

Smith, Daniel J. and Trudeau, Noah, The Undertaker's Cut: Challenging the Rational Basis for Casket Licensing (May 19, 2016). Available at SSRN: https://ssrn.com/abstract=2781971 or http://dx.doi.org/10.2139/ssrn.2781971

Daniel J. Smith (Contact Author)

Political Economy Research Institute and Department of Economics and Finance at Middle Tennessee State University ( email )

MTSU Box 190
1301 E. Main St.
Murfreesboro, TN 37132-0001
United States

HOME PAGE: http://www.danieljosephsmith.com/

Noah Trudeau

West Virginia University, College of Business & Economics, Department of Economics, Students ( email )

Morgantown, WV
United States

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