'The Licensing Racket' takes aim at professional licensing in America

ABA Journal: Modern Law Library

#Law #Business #Books #ABA Journal #Legal Talk Network #Harper Lee #News #Politics #Careers #Arts

28:24

In our second installment of the Small Business Starter Kit series - we’re tackling a topic that’s sometimes tricky, sometimes confusing, but ever-present: taxes. Hosts Austin and Jannese have an insightful conversation with entrepreneur Isabella Rosal who started 7th Sky Ventures , an exporter and distributor of craft spirits, beer, and wine. Having lived and worked in two different countries and started a company in a heavily-regulated field, Isabella is no stranger to navigating the paperwork-laden and jargon-infused maze of properly understanding taxes for a newly formed small business. Join us as she shares her story and provides valuable insight into how to tackle your business’ taxes - so they don’t tackle you. Learn more about how QuickBooks can help you grow your business: QuickBooks.com See omnystudio.com/listener for privacy information.…

about a year ago 47:04

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In her new book, The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong, Allensworth takes a deep dive into the history and function of licensing in the United States. While licensing boards are put forth as a way to protect consumers, Allensworth says that in practice, their decisions can be arbitrary and their disciplinary functions flawed.

In this episode of the Modern Law Library, Allensworth and the ABA Journal’s Lee Rawles chat about a range of professions that currently require licenses, from hairdressing to law and medicine. While disciplinary procedures for lawyers are not open to the public, she was able to attend a number of proceedings for health care workers accused of wrongdoing, and what she found sometimes shocked her—and even shocked some of the people responsible for making those disciplinary decisions. She shares some of those stories in the episode.

The Licensing Racket argues that licensing should be done away with for many professions. For those that remain, however, Allensworth believes much more must be done by government agencies rather than allowing professions to self-police themselves through volunteers and licensing boards

234 episodes

'The Licensing Racket' takes aim at professional licensing in America

ABA Journal: Modern Law Library

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published about a year ago

MP3•Episode home

234 episodes

#Law #Business #Books #ABA Journal #Legal Talk Network #Harper Lee #News #Politics #Careers #Arts

All episodes

1
How thinking like an athlete can make you a better lawyer 55:25

11 days ago55:25

55:25

Peak performance in high-stress environments. It’s the goal for the basketball players taking the court during March Madness, but just as much for players on a different kind of court. Lawyers can and should learn a lot from elite athletes, says Dr. Amy Wood. In this episode of the Modern Law Library, Wood shares her insights with the ABA Journal’s Lee Rawles. Wood, a clinical psychologist, has focused her career on attorney wellness. She is the author of the new book Lawyer Like an Athlete: How to Up Your Game at Work and in Life , published by the ABA’s GPSolo Division . Wood first developed Lawyer Like an Athlete as a CLE program, sharing tips on achieving physical and mental wellness, as well as preparing lawyers to maximize their work performance. There are four characteristics Wood identifies as being shared by star athletes and star attorneys: exquisite self-care, a grounded perspective, “nourishing diversions” and thriving relationships. Without attending to those elements, she says, it’s difficult for lawyers to sustain themselves in a high-stress profession. Many lawyers enjoy extreme solo sports, like marathon running. But don’t forget about team sports. There’s much you can learn about personal performance from elite athletes, but it’s just as important to integrate lessons about team performance, Wood says. Are the people on your “team” helping you perform at your peak? Wood and Rawles also discuss the importance of striving for a “fan’s perspective”; the importance of visualization; the cycle of workouts and recovery days; and five signs that it’s time to reach out for professional assistance.…

1
This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge 40:28

25 days ago40:28

40:28

What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our current criteria might be off. “We should look for judges who are likely to display good judgment in their rulings … and we shouldn’t care whether they have a good theory about how to interpret the Constitution as a whole—and maybe we should worry a bit if they think they have such a theory,” the Harvard Law professor writes in his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory . In looking at what qualities were shared by great Supreme Court justices, Tushnet identified five he thinks were of especial importance: Longevity and age Location in political time Prior experience in public life NOT A JUDGE (“I put this in capital letters because it’s common today to think that justices have to have been judges,” Tushnet wrote. He doesn’t see having a past judicial career as disqualifying, but points out that many great justices were not sitting judges when appointed.) Intellectual curiosity In this episode of The Modern Law Library, Tushnet and the ABA Journal’s Lee Rawles discuss how he thinks people should be evaluated for judicial positions; his experience as a clerk for former U.S. Supreme Court Justice Thurgood Marshall; what makes a well-crafted opinion; and why he thinks any overarching theory about the Constitution will fall short.…

1
'The Licensing Racket' takes aim at professional licensing in America 47:04

6 weeks ago47:04

47:04

Should you need a license for that? For law professor and antitrust expert Rebecca Haw Allensworth, there are huge problems with professional licensing in America—and her solutions might not make anyone completely happy. In her new book, The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong , Allensworth takes a deep dive into the history and function of licensing in the United States. While licensing boards are put forth as a way to protect consumers, Allensworth says that in practice, their decisions can be arbitrary and their disciplinary functions flawed. In this episode of the Modern Law Library, Allensworth and the ABA Journal’s Lee Rawles chat about a range of professions that currently require licenses, from hairdressing to law and medicine. While disciplinary procedures for lawyers are not open to the public, she was able to attend a number of proceedings for health care workers accused of wrongdoing, and what she found sometimes shocked her—and even shocked some of the people responsible for making those disciplinary decisions. She shares some of those stories in the episode. The Licensing Racket argues that licensing should be done away with for many professions. For those that remain, however, Allensworth believes much more must be done by government agencies rather than allowing professions to self-police themselves through volunteers and licensing boards…

1
Former Watergate prosecutor and friends reflect on life in 'Legal Briefs' 32:55

8 weeks ago32:55

32:55

For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he'd been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born. Witten's aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor's career. Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten "Witless" and threw a party with a banner reading "Ted - 1, FBI - 0" when they reached a successful plea agreement. Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale's New York office. In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms.…

1
When should life sentences be overturned? Judge shares how he decides 42:29

12 weeks ago42:29

42:29

A federal judge’s new book is giving readers a rare inside glimpse at how a judge determines which prisoners deserve to have their sentences overturned. In his memoir, Disrobed: An Inside Look at the Life and Work of a Federal Trial Judge , Judge Frederic Block introduced readers to his colorful life and career. In Crimes and Punishments: Entering the Mind of a Sentencing Judge , he explained the rationale judges use when deciding sentences, and the human toll it can take. And now, in A Second Chance: A Federal Judge Decides Who Deserves It , he’s shining a light on how judges consider resentencing and compassionate release. Without the passage of a key federal law in 2018, A Second Chance would not have been written. A bipartisan piece of legislation signed by President Donald Trump and supported by the ABA , the First Step Act was one of the biggest criminal justice reforms in the past decade. Among its sentencing reforms, it allows federal judges to reconsider sentences given out during tough-on-crime crackdowns, and for prisoners to petition for compassionate release. Block, who is a senior judge on the U.S. District Court for the Eastern District of New York, soon found himself asked to reconsider sentences under the First Step Act. In the book, he outlines the crimes and rehabilitations (or lack thereof) of six federal prisoners. From a former police officer who assaulted an innocent Haitian immigrant to a trio of mobsters, Block selected an array that represents the types of cases he’s being asked to consider. Later in the book, he reveals the fate of each—whether life sentences were overturned or unrepentant prisoners were returned to their cells. In this episode of the Modern Law Library, Block tells ABA Journal’s Lee Rawles how his own views on sentencing have changed since he ascended to the bench in the 1990s. In a case that made the news after A Second Chance went to press, Block overturned a sentence he gave out 27 years ago, during his second year on the bench. Block had imposed a quintuple life sentence on Walter Johnson after the man was convicted of robbery, cocaine possession and witness tampering. At 61, Johnson has now been released from prison, and Block discusses that decision in the episode. Block sees a moral imperative for all strata of the justice system to work together to address mass incarceration. In addition to calling on judges to be open-minded when considering resentencing offenders, he encourages criminal defense attorneys to go through their lists of former clients to see whether any would be eligible for relief under the First Step Act. Most importantly, Block is calling upon citizens to lobby for sentencing reforms like the First Step Act on the state level, since the legislation only applies to federal prisoners. He points out that only about 200,000 of the approximately 2 million incarcerated Americans are federal prisoners; the vast majority are overseen by state courts. Block also discusses the public response to President Joe Biden’s recent clemency decisions, and how collateral consequences have influenced his initial sentencing decisions.…

1
Our favorite pop culture picks in 2024 36:02

15 weeks ago36:02

36:02

It's the time of year when The Modern Law Library likes to look back on the media that we've enjoyed: our annual pop culture picks episode. This year, host Lee Rawles is joined by the ABA Journal reporters Danielle Braff and Anna Stolley Persky, and Victor Li, an assistant managing editor and host of the Legal Rebels Podcast. Naturally, their favorite books are discussed. But they also have movies, TV shows, podcasts and even Broadway musicals to recommend. From presidential histories to wicked witches, listeners will find ways to occupy the holiday season and the new year.…

1
Horse-loving lawyer left the law to help run a Colorado ranch 35:38

17 weeks ago35:38

35:38

Ami Cullen grew up loving horses and competing in hunter/jumper events. But when it came to her career, she decided that law would be her calling. She graduated from law school and began work with a firm in Maryland working on medical malpractice cases. Then a visit to a Colorado dude ranch changed everything. In Running Free: An Incredible Story of Love, Survival, and How 200 Horses Trapped in a Wildfire Helped One Woman Find Her Soul Cullen shares a lightly fictionalized version of the journey she’s been on for more than a decade. Just as Cullen once did, Running Free ’s main character Emme Muller visits the C Lazy U Ranch in Granby, Colorado, on a girl’s trip and falls in love with the wrangling way of life. She decides to leave her life as an East Coast lawyer to work at the ranch—initially planning it as a six-month sabbatical from her career. Instead, she stays, eventually becoming head wrangler and marrying another employee at the dude ranch. But in October 2020, the East Troublesome Fire, the second-largest wildfire in Colorado history, imperiled the C Lazy U Ranch. Muller has to work with her employees and horse-loving community members to evacuate the ranch and save 200 horses from a relentless and rapidly shifting fire. That part of Running Free is also true, Cullen tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. Now the director of equestrian operations at the C Lazy U Ranch, it was Cullen’s responsibility to save the herd of horses through two harrowing wildfire evacuations and an ice storm that sent fleeing horse trailers careening off the roads back in 2020. After the fire was out and recovery had begun, Cullen felt a compulsion to put down her experience in writing. The first attempt produced 80 pages that read like a legal brief, she tells Rawles. By fictionalizing her experiences and creating some composite characters, she was able to write Running Free, her first novel. In this episode of The Modern Law Library, Cullen discusses what it was like to decide to leave the law, what it’s like to help run a dude ranch, leadership skills she learned from working with horses, and why you’re never too old to take up equestrianship.…

1
What went wrong–and right–with 10 famous trials 41:17

18 weeks ago41:17

41:17

J. Craig Williams believes empathy is an important quality to be a trial lawyer. It’s served him in his profession, and it’s a tool he has also been using as an author trying to get into the minds of people from past eras. In How Would You Decide? 10 Famous Trials That Changed History, Book One , Williams examines cases and trials from history through the lens of a modern trial lawyer. He uses the accounts of the historical proceedings to illustrate current principles of litigation and civil rights, and explains what each can tell us about the rule of law. In this episode of The Modern Law Library , Williams tells the ABA Journal’s Lee Rawles that empathy was key in trying to understand the people involved in events like the Salem Witch trials, and figuring out how injustices could be perpetrated. He realized there were parallels to be drawn between society in late-17th century Salem and American society today. The 10 trials featured in this first volume of How Would You Decide? are: The Trial of Jesus The Salem Witch Trials Boston Massacre Trial Civil War Tipping Point and Aftermath Trials (Dred Scott, John Brown, Plessy v. Ferguson ) O.K. Corral Shootout Trial of Wyatt Earp and Doc Holliday The Black Sox Trial The Scopes “Monkey Trial” The Lindy Chamberlain Trial The McMartin Preschool Trial The O.J. Simpson Murder Trial The case that most readers bring up when speaking with Williams is the Boston Massacre trial. Williams, who grew up in New England, says he was surprised to find during his research that there was much he hadn’t known about the case himself. Founding Father and future president John Adams was the attorney who successfully defended the British soldiers who fired into the Massachusetts crowd, an extremely risky professional and social decision. Williams and Rawles discuss Adams’s representation and what it meant for the establishment of the rule of law in the United States. Listeners might best know Williams from his Lawyer2Lawyer podcast, which he launched in 2005, making him a pioneer in legal podcasting. Since Williams was already familiar with audio production, How Would You Decide? was a natural fit for multimedia. He launched a companion website, 10FamousTrials.com , making available more of the source material he relied on to write the book. He also partnered with Legal Talk Network to release a miniseries podcast, which is currently in production. In Dispute covers one of the 10 trials each episode, featuring commentary and reenactments drawn from trial transcripts and historical documents. In this episode, Williams and Rawles discuss his research process, how he selected which trials to feature, and what might make it into Book Two. They also get into the holiday spirit by talking about The Sled , a Christmas story Williams and his wife wrote for their grandchildren.…

1
'Watchdogs' author has no regrets about choosing civil service over the NBA 46:49

21 weeks ago46:49

46:49

Glenn Fine's career-long crusade against corruption might have its roots in his college days. As a point guard for the Harvard basketball team, Fine had his personal best game on Dec. 16, 1978, the same day he interviewed for–and received–a Rhodes scholarship. He put up 19 points against Boston College, including eight steals, and the team nearly eeked out a win against the favored Boston players. A remarkable day. What Fine would later discover was that mobsters had bribed Boston College players to play worse to keep the game tight and not cover the point spread. Henry Hill and Jimmy Burke–later portrayed by Ray Liotta and Robert De Niro in the movie Goodfellas were part of the point-shaving scheme. Fine would later be drafted in the 10th round of the NBA draft by the San Antonio Spurs, but it was the anti-corruption law that stuck, not basketball. Fine took a job out of law school as a prosecutor in Washington, D.C., and joined the Office of the Inspector General at the Department of Justice in 1995. He would go on to serve as Inspector General at the DOJ from 2000 to 2011, then at the Department of Defense from 2015 until 2020. He was one of the five inspectors general fired by then-President Donald Trump in what the Washington Post referred to as the "slow-motion Friday night massacre of inspectors general." But what do inspectors general do? It's a question Fine wants to answer with his book, Watchdogs: Inspectors General and the Battle for Honest and Accountable Governmen t. In this episode of the Modern Law Library, Fine and the ABA Journal's Lee Rawles discuss the function, history and importance of the position, along with ways Fine believes government oversight can be improved. As of the book's publication in 2024, there are 74 inspector general offices at the federal level, with more than 14,000 employees. As the IG for the Department of Defense, Fine oversaw the largest office, with some 1,700 employees. Inspectors general conduct independent, non-partisan oversight investigations into waste, fraud, misconduct and best practices, and deliver their reports and recommendations to Congress and the agencies involved. The IGs cannot enforce the adoption of recommendations, but their work acts as the "sunshine" for disinfection, Fine says. One major recommendation Fine makes in Watchdogs is that an inspector general be established for the U.S. Supreme Court and the federal judiciary, who could perhaps file their reports to the chief justice or the head of the Administrative Office of the U.S. Courts. Fine points to judicial ethics concerns and polls finding public trust in the Supreme Court at historic lows, and argues one way to increase public trust is through the transparency provided by an inspector general. Also in this episode, Fine offers advice for anyone considering a career in public service. Rawles and Fine discuss stories of his own investigations, including evaluating the claims of a whistleblowing scientist at the FBI laboratory and looking into how the infamous double-agent spy Robert Hanssen was able to fool his FBI superiors and pass intel to Soviets and Russians.…

1
Meet the sheriffs who believe they are ‘The Highest Law in the Land’ 43:57

22 weeks ago43:57

43:57

The first image conjured in your mind by the word “sheriff” might be the protagonist of a Wild West movie or Robin Hood’s foe, the Sheriff of Nottingham. But unless you’re a resident of Alaska, Connecticut, Hawaii and Rhode Island, there’s likely an elected law-enforcement official in your area who holds that title. In The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy, lawyer and journalist Jessica Pishko takes a deep dive into the history of this position in American life, and at a far-right movement hoping to co-opt the role of sheriff to advance extreme conservative policies. There are some 3,000 sheriffs in the United States, one per county (or county equivalent). In this episode of The Modern Law Library, Pishko and the ABA Journal's Lee Rawles discuss how the rural/urban divide impacts the demographics of sheriffs. Ninety-seven percent of the land area in the United States is considered rural, but only 20% of the people live in those rural areas. In the 2020 census, Greene County, Alabama, had 7,730 residents and one sheriff. Cook County, Illinois, which contains the city of Chicago, had 5,275,541 residents and one sheriff. This leads to a larger proportion of sheriffs representing a rural and more conservative demographic, Pishko says. Pishko explains the “constitutional sheriff” movement, including its similarities to other fringe movements like the sovereign citizens. Adherents claim that sheriffs alone have the power to interpret how the Constitution and the first 10 Amendments should be enforced in their counties. They claim that state governments, the federal government, the president and the U.S. Supreme Court have no power over sheriffs, and that as elected officials, sheriffs are answerable only to their constituents. In this episode, Pishko also describes the large role sheriffs have in incarcerations, how their enforcement powers differ or overlap with police, and what disciplinary or oversight measures are available when a sheriff abuses their office. Pishko and Rawles also discuss the roles sheriffs might have in local elections, and whether they might have an impact on the 2024 presidential election.…

1
'Company' is the perfect short story collection for spooky season 44:40

25 weeks ago44:40

44:40

Most—though not all—of the 13 short stories in Company deal with members of the Collins family. Three generations of narrators bear witness to the changing fortunes of the family, and as with any witness statement, everyone has a different perspective on what actually happened. Also, there are ghosts—and at least one witch. The matriarch and patriarch of the Collins family ran a jazz club in Atlantic City. Their four daughters and eight grandchildren face issues of race and class, fecundity and infertility, marriage and divorce. In this episode of The Modern Law Library, the ABA Journal’s Lee Rawles speaks with author Shannon Sanders about the similarity between crafting a perfect brief and a short story, and its differences from novel writing. They discuss the ways families are built, through biology, shared experiences and legal paperwork. Sanders shares how she balances her full-time legal work, her family life and her work as a writer. She also offers tips for people looking to publish their short stories in magazines and literary journals. The hardback version of Company is available now, and the paperback will be released on Nov. 12.…

1
The Supreme Court is a liberal body–when it comes to legal writing 40:47

27 weeks ago40:47

40:47

Jill Barton spent the first decade of her career working as a journalist, with the Associated Press Stylebook always at hand to determine word usage and punctuation choices. But when she became an attorney, she says, she realized that there was no single equivalent style guide when it came to legal writing—and she had to adjust to using the Oxford comma. As a professor of legal writing at the University of Miami, she also began to notice a contrast between the classic 19th and 20th century court opinions her students were being given to read and the style of writing coming out of the U.S. Supreme Court in the 21st century. Standards were changing at the highest court of the land, but the wider legal community wasn’t necessarily aware of it. Barton spent five years analyzing more than 10,000 pages from Supreme Court opinions, and The Supreme Guide to Writing is the result. In this episode of the Modern Law Library, Barton and the ABA Journal’s Lee Rawles discuss her findings, and what some of the bigger surprises were. One of her biggest takeaways is that the justices are not a conservative bunch when it comes to writing style. For example, during most of Justice Antonin Scalia’s tenure on the court, he was a strident opponent of contractions— can’t, don’t, shouldn’t were always cannot, do not, should not . But in his final years, Scalia did sprinkle in a few contractions, and his replacement, Justice Neil Gorsuch, is “King of the Contractions,” Barton says. The justices were willing to depart from grammar rules if adhering to them caused stilted writing, Barton found. Chief Justice John Roberts uses commas based on cadence rather than simply following strict English grammar guidance. All the justices showed a marked preference for active verbs and shorter, simpler phrases. They have adapted to using pronouns that match litigants’ gender identities, and to using the singular “they” rather than “he or she.” The Supreme Guide to Writing notes when the court shows unanimity in a usage rule, and when there is disagreement. While each justice shows internal consistency with how they show a possessive when a singular noun ends in “s,” there is no group consensus on apostrophe-s versus a single apostrophe. Barton discusses her research process, offers more insight into the way legal language is evolving, and shares how practitioners can use her book to modernize their own writing.…

1
Legal thriller author David Ellis's day job? Appellate court justice 49:18

30 weeks ago49:18

49:18

Justice David W. Ellis has served on the Illinois Appellate Court for the 1st District for nearly 10 years. But readers may know him better as author David Ellis, writer of more than a dozen legal thrillers. Ellis had enjoyed creative writing as a youth, he tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. But during his college and law school years, he was focused solely on his legal career path. It wasn’t until he had been in practice for a few years that this changed. During a vacation at the beach, he suddenly decided that he was going to write a novel—and once that goal was set, he worked relentlessly towards it. And in 2002, he won a prestigious Edgar Award from the Mystery Writers of America for that first novel, Line of Vision . Both branches of Ellis’s career have seen tremendous returns. He made national news in 2009 as the prosecutor of the impeachment of Illinois Gov. Rod Blagojevich before the state senate. He was the youngest-serving justice in 2014 when he joined the Illinois Appellate Court for the 1st District, which serves Chicago and Cook County. And along the way, he published 11 novels, including the four-book Jason Kolarich series. He was a finalist for the ABA Journal-sponsored Harper Lee Prize for Legal Fiction in 2012 and 2013. He has also co-written nine books with James Patterson, the latest of which ( Lies He Told Me ) will be released in September. In this episode, Ellis and Rawles discuss his July release, The Best Lies . The germ of an idea that became The Best Lies started off with the notion of a main character who was a diagnosed pathological liar. When the book opens, Leo Balanoff, a criminal defense attorney in Chicago, has just been arrested for murder. Police have collected DNA and fingerprints at the scene that are a match for a college-era bar fight Leo was charged for, and the victim had an ugly history with one of Leo’s clients. Over the course of The Best Lies , twists and turns across multiple timelines and through multiple points of view begin to reveal what really happened. Ellis weaves a tale combining corporate espionage, violin concertos, police corruption and the Estonian mob. Ellis also discusses his writing process, his 3:30 a.m. wake-up time, the similarities in his creative and legal writing, and how his judicial ethics concerns sometimes impact his editorial decisions.…

1
'Shaping the Bar' author says bar exam protects legal profession, not public 51:45

36 weeks ago51:45

51:45

The goal of the bar exam is to be a gatekeeper for the legal profession and protect the public. But the current system, dominated by the Uniform Bar Examination, gets a failing grade from Joan Howarth, an academic, an attorney and the author of Shaping the Bar: The Future of Attorney Licensing .

1
Summer reading picks and why a YMCA-funded crusade against obscenity matters today 58:31

38 weeks ago58:31