The Undertaker's Cut: Challenging the Rational Basis for Casket Licensing
23 Pages Posted: 21 May 2016 Last revised: 17 Dec 2016
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: 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
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