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Occupational Licensing Blunts Competition and Boosts Inequality (economist.com)

Occupational licensing -- the practice of regulating who can do what jobs -- has been on the rise for decades. In 1950 one in 20 employed Americans required a licence to work. By 2017 that had risen to more than one in five. From a report: The trend partly reflects an economic shift towards service industries, in which licences are more common. But it has also been driven by a growing number of professions successfully lobbying state governments to make it harder to enter their industries. Most studies find that licensing requirements raise wages in a profession by around 10%, probably by making it harder for competitors to set up shop.

Lobbyists justify licences by claiming consumers need protection from unqualified providers. In many cases this is obviously a charade. Forty-one states license makeup artists, as if wielding concealer requires government oversight. Thirteen license bartending; in nine, those who wish to pull pints must first pass an exam. Such examples are popular among critics of licensing, because the threat from unlicensed staff in low-skilled jobs seems paltry. Yet they are not representative of the broader harm done by licensing, which affects crowds of more highly educated workers like Ms Varnam. Among those with only a high-school education, 13% are licensed. The figure for those with postgraduate degrees is 45%.

[...] One way of telling that many licences are superfluous is the sheer variance in the law across states. About 1,100 occupations are regulated in at least one state, but fewer than 60 are regulated in all 50, according to a report from 2015 by Barack Obama's White House. Yet a handful of high-earning professions are regulated everywhere. In particular, licences are more common in legal and health-care occupations than in any other.

373 comments

  1. Milton Friedman is right by saloomy · · Score: 4, Interesting
    1. Re: Milton Friedman is right by Anonymous Coward · · Score: 0

      Funny article. It's a good way to war against middle class and make workers fight against their self. Another perspective is look to countries with more distribution like for example Sweden or Norway, where you can't see licencing as distribution problem.

    2. Re:Milton Friedman is right by magarity · · Score: 2

      Adam Smith went over this topic too except back then it was called the journeymen and masters guild system.

  2. That's the trouble with you Americans by Harold+Halloway · · Score: 3, Insightful

    You want a capitalist free market, but only for other people.

    1. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 2, Insightful

      It's not a problem with Americans, it's a problem with government. People in the public sector spend the majority of their time coming up with useless ways to justify their existence. There's a slow creep where governments create more oversight bodies, comities and other useless organisations which create more useless regulations. This leads to a situation where the government is wasting vast amounts of money while doing very little of value.

      I think a lot of Americans would like the government to be scaled back, but once the government has set up a new department for regulating the straightness of bananas it becomes very hard to shut it down, and thus the government continues to grow out of control and the national debt continues to balloon.

    2. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Bigot.

    3. Re:That's the trouble with you Americans by TheRealMindChild · · Score: 1

      This sounds like propaganda to get you to agree that specialist should work for minimum wage. Believe me, you want that engineer that designs the office building building you work in or the house you live in, to be certified

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    4. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 2, Interesting

      Another problem with Americans is that they think the problems with their country and government are universal and fundamental, and can't be solved except by the best and brightest (i.e. Americans) despite the overwhelming number of other countries that aren't affected by equivalents of America's (for example) gun culture or business-enthralled healthcare...

      A third is that this will likely be modded troll by people who don't understand that pointing out they lack context isn't just an attempt to make them feel small... yeah other cultures have this issue, but gosh y'all...

    5. Re:That's the trouble with you Americans by nctritech · · Score: 3, Insightful

      Nothing wrong with gun culture. Murder with a gun, perhaps, but gun culture is no different than any other hobby here. Non-US people and US people in large cities with ultra-strict gun control and higher rates of violent crime don't really understand that people can appreciate and enjoy guns and not be stupid with said guns. Europeans hear about high-profile mass shootings and assume that we're all blowing each others' heads off over here, but that's not the case at all. The vast majority of gun deaths in the US are suicides.

    6. Re:That's the trouble with you Americans by Solandri · · Score: 5, Insightful

      A capitalist free market is an excellent (arguably the best) method for searching vast solution spaces to find the most effective solution to a problem. It works. If you believe in evolution, then you also believe capitalism works. They're the same thing.

      The issue here is insuring that any solutions proferred by an "expert" surpasses some minimum threshold of safety and effectiveness. Regulation accomplishes that.

      The two are not incompatible. Where you get into trouble is when you believe so much in regulation that you start imposing regulations on things that haven't been tried before or hasn't proven to be a problem before - that ends up impeding the market's ability to find new innovative and unconventional solutions. e.g. the EU mandating GSM, thereby preventing EU companies from trying what turned out to be the better solution - CDMA (which turned out to be so much better that the EU had to incorporate it into the GSM spec for 3G data). Or when you believe so much in the free market that you start repealing basic regulations which have safeguarded the market against activities which had proven to be a problem in the past. e.g. the U.S. repealing the regulation separating savings banks from investment banks, thereby exacerbating the housing bubble.

      This isn't an either/or choice. In fact the people presenting it as an either/or choice (on both sides) are the ones causing the problems. The licenses TFA calls a "charade" really aren't. Stylists don't just put on makeup, they can also apply caustic chemicals to your hair or skin. Likewise, bartenders mix substances which are consumed - do you really want someone merely pretending to be a bartender to mix something you'll end up drinking? Food service workers (cooks, chefs, waiters and waitresses) must pass a food handling exam for the same reason. All this is to guarantee that someone working in these fields have at least been taught basic pitfalls and mistakes to avoid.

    7. Re:That's the trouble with you Americans by stabiesoft · · Score: 1, Insightful

      About 2/3rds and likely the suicide group would find another way. That still leaves 11K (there are about 33K gun deaths/year). I don't see a problem with allowing guns, but I don't see the reason to allow assault weapons. If I want a tank, can I have one? An RPG? Cannon? One could argue the 2nd amendment should allow me all of those things.

    8. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Define "assault weapon." Then get back to me when you can prevent fertilizer bombs and molotov cocktails, because they do a lot of the same stuff as so-called "assault weapons."

    9. Re:That's the trouble with you Americans by epyT-R · · Score: 1

      No. We want people who at least half-know what they're doing before they put their hands on nuclear reactors/people's internals/motorized vehicles etc, just like you (assumed) europeans do. Of course, most of this is moot because licensing has become little more than a papermill industry shim between real life applicant experience and HR department expectations.

    10. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      By definition - Capitalism is when people pool their money in order to do things they can't on their own.

      Socialism is thus a form of capitalism where one is coerced to participate. There is some kind of fantasy that people in government are not as crooked as people in business -- when actually - they are often one and the same..

    11. Re:That's the trouble with you Americans by burtosis · · Score: 0

      Ahh excellent point you bring up about free market and capitalism being analogous. Guess where those parasites came from that your so fond of using as the basis for licensing? That's right, no fucking rules might makes right evolution. Unbridled evolution is the sickest most disgusting twisted force of nature. It's just freak luck your wife didn't rip off your head after mating and eat it like a mantis, or that males don't have barbed penises designed for rape of unwilling females like various species of lizards. Further let's get back to parasites - I hope your children die of trichinosis as that's just good evolution. For fucks same people, the kind of screw it all take as much as you can and zero fucks given for collateral damage capitalism we have in America is a literal disease.

    12. Re:That's the trouble with you Americans by Impy+the+Impiuos+Imp · · Score: 1

      People go into government so they can get in the way of things so they can get paid to get back out of the way.

      In most countries, corruption is so rampant, that's the only way to get ahead. In most countries in the west, they have to hide it better and use better rhetoric to get the useful idiots on their side.

      Don't have to bring an "extra" $200 to the DMV to get a driver's license-or-wait-5-years?

      Lucky you.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    13. Re:That's the trouble with you Americans by jezwel · · Score: 1
      It's not a problem with government, it's a problem with people causing or creating problems that then require government oversight or regulation.
      For example, the EPA was created because of environmental concerns about dumping/burning waste. That's an $8billion annual budget on making sure companies do the right thing.

      You want it scaled back? Companies need to comply with the regulations enough that the number of FTEs can be dropped. It's a long timeline, but it does happen - especially when government changes and redundancies go up for grabs.

    14. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      which public sector licenses are in your sights? you want child protection officers who don't have a clue? water treatment plant operator who don't know how to run their equipment? engineers without certification designing infrastructure like dams and bridges?

    15. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      You also want to be sure that the electrician you went to has a minimal amount of understanding and experience. You'd hate to discover your house has been wired with speaker wire or knob and tube. "The market will decide!" -- That's great, but the market isn't going to bring your family back from the ashes of your burned down house.

      That isn't to say that licensure is going to 100% prevent these failures, but it does ensure there is at least a theoretical minimum amount of experience and education, and it definitely ensures that anyone doing the work has their actual identity attached to the work.

    16. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 1

      Bullshit.

      In my country, people against gun control say "We're going to be responsible with our guns, we don't want to hurt anyone, don't take our guns".

      In America, people against gun control say "Don't take our guns, we might have to hurt someone!"

      317 mass shootings last year. That's absurd and if you don't think it indicates a problem, then maybe you're part of the problem.

    17. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Gun culture that specifically allows the proliferation of guns and does not treat them as a fringe tool that should not be allowed to be acquired generally IS a problem, as demonstrated by the USA.

    18. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 1

      Obviously we disagree...

      And we have the guns to back our position up.

    19. Re: That's the trouble with you Americans by WhiplashII · · Score: 1

      How about licensed hair stylists?

      They did mention a few specifically: make up artists, hair stylists, cabinet making, to name some of the top of my head.

      --
      while (sig==sig) sig=!sig;
    20. Re:That's the trouble with you Americans by Crashmarik · · Score: 2

      Ha silly Euro
      http://ww2live.com/en/content/...

      Running Sherman Tank for sale or would you prefer a different make ?

    21. Re:That's the trouble with you Americans by i.r.id10t · · Score: 1

      On a Federal level (individual states get weird with stuff)

      If I want a tank, can I have one?

      Yes, although for the actual guns you'd need the appropriate tax stamps. Same for the actual exploding munitions, tax stamp (and associated background checks, etc) for each one purchased. Oh, and there aren't that many of the machine guns registered for civilian ownerhsip... so its gonna cost a whole lot of money. You probably won't be allowed to drive on city/county/state/fed maintained roads since tracks mess up road surfaces pretty bad and quick.

        An RPG?

      Yes. Again, a NFA item, gonna cost a lot, and a long in depth background check. For each grenade.

      Cannon?

      Not regulated as being "antique or exact replica using loose black powder", although the storage of the amount of powder to feed one of those may come under some regulation.

      One could argue the 2nd amendment should allow me all of those things.

      In Miller v US (the last SCOTUS case that dealt with restricting what types of arms we could all carry) the governments position was that the defendants un-taxed/registered FA tommy gun and short barrel shotgun weren't what would be expected for a basic infantryman to carry (1903 variant or garand, this was back in 1934) and so wasn't protected, and could therefore be taxed.

      --
      Don't blame me, I voted for Kodos
    22. Re:That's the trouble with you Americans by i.r.id10t · · Score: 4, Insightful

      FWIW I think I ought to be able to own anything that a law enforcement agency can own. Or, if you'd rather, law enforcement agencies should be restricted to the same firearms, magazines, ammo types, etc. that I can own :)

      --
      Don't blame me, I voted for Kodos
    23. Re:That's the trouble with you Americans by HotNeedleOfInquiry · · Score: 2

      It takes about the same amount of time to become an airline pilot as it does to become a fully licensed air conditioning technician in my state.

      --
      "Eve of Destruction", it's not just for old hippies anymore...
    24. Re:That's the trouble with you Americans by mnemotronic · · Score: 2

      ... A third is that this will likely be modded troll by people who don't understand that pointing out they lack context isn't just an attempt to make them feel small... yeah other cultures have this issue, but gosh y'all...

      As a certified and licensed modder and card-carrying member of the MRA (Modulators Ruffle Association) I intended to give this +1:interesting but misclicked and gave it +-0:frunobulous. Slashdot only allows a modicum of modified moderations to a more modern modality via modem. Bummer.

      --
      The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
    25. Re:That's the trouble with you Americans by Kjella · · Score: 1

      The licenses TFA calls a "charade" really aren't. (...) Likewise, bartenders mix substances which are consumed - do you really want someone merely pretending to be a bartender to mix something you'll end up drinking?

      Not what it's about, I fully trust an unlicensed bartender to tap a beer or pour me a whiskey. Even most drinks are just trivial mixtures. It's mainly about underage drinking and cutting off people who've had enough. The problem with regulation is that it often tries to solve bigger problems than it can handle like curbing alcoholism. Which leads to restricting a lot of non-problematic behavior by people who have their consumption under control in order to protect a few that don't. And that often do their best to circumvent the unwanted restrictions.

      For example here in Norway I can't buy a beer after 8 PM on a weekday and 6 PM on a Saturday, on some theory that it would cause impulse or excess purchases of alcohol by intoxicated people. You can go to a bar, but there a regulated professional will in theory refuse to serve you when you've had enough though IMHO you have to be pretty wasted. Except the practical result is that everyone who really want their beer stock up in advance, while making an annoyance for casual drinkers and tourists who want a beer ten past eight. That's a charade.

      --
      Live today, because you never know what tomorrow brings
    26. Re:That's the trouble with you Americans by Dog-Cow · · Score: 0

      You should probably go to your State-licensed psychiatrist for a refill on your meds.

    27. Re:That's the trouble with you Americans by Hognoxious · · Score: 0

      If you believe in evolution, then you also believe capitalism works.

      Funny how that doesn't work the other way round, though.

      http://3.bp.blogspot.com/_HfSX...

      https://www.gasfoodnolodging.c...

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    28. Re:That's the trouble with you Americans by dwillden · · Score: 3, Informative

      And of those 11k roughly 9k are inner city gang violence in just a few cities with strict gun controls, leaving roughly 1700 homicides for the rest of the rather large country. Add in a few hundred accidental shootings (those are dropping even as more and more guns are being sold) to round out the numbers.

      Second as to your biased and incorrect claims about "assault weapons" First of all homicides using long guns of all types is usually less than 300 per year, lower than the number killed with blunt objects. Yes they get used in High profile, big news events but otherwise are very rarely used in homicides. They are not the biggest problem. Handguns account for the vast majority of firearm homicides.

      Additionally regarding "Assault Weapons" That classification is based entirely on cosmetic features that do not impact their functionality. They are semi-automatic as are most firearms sold today. That means pull the trigger once and one bullet comes out. They are not automatic or burst capable. Such weapons have been tightly restricted and controlled since 1934 and since the Hughes Amendment of 1986 have become very expensive as no new automatic weapons can be sold to the public.

      And yes one could argue that those other weapons could and should fall under the 2nd. Cannon certainly did. Citizens owned licensed warships and cannon. But more specifically, why shouldn't I be allowed to own them if I can use them safely? If by my negligence or intentional actions with said weapons injury or damage to others or their property occurs I would be fully liable. But if I can drive my Self Propelled Howitzer to the local public artillery range and safely send the rounds down range why not let me waste my money throwing 100 lb slugs of metal a few miles downrange? If I use it inappropriately and cause harm or damage throw the book at me.

      As to Nukes (people love to bring up Nukes) they are not safe to use anywhere due to the spread of fall-out thus they are not in consideration.

      No I'm not going to campaign or push for the right to own my own howitzer (I can already own one if it's a muzzle loader) but if we go back to the principle of holding people responsible for when their actions harm others why shouldn't a responsible owner be able to own one?

      --
      I'm too lazy to compose a creative sig.
    29. Re:That's the trouble with you Americans by dwillden · · Score: 4, Informative

      Try four or five mass shootings. The 317 number is from the admitted propaganda site shootingtracker.com and they do not follow the established definition of Mass shooting: 4 or more non-family fatalities. If you stick to the long used FBI definition we are getting about four or five such horrible events a year, out of over 100 million gun owners. . Even left leaning, anti-gun MotherJones.com has called them out on their falsely inflated numbers.

      --
      I'm too lazy to compose a creative sig.
    30. Re:That's the trouble with you Americans by _Sharp'r_ · · Score: 2

      In Arizona, it takes more hours of education to become a licensed hair stylist than it does to become an EMT. It's crazy. Currently the legislature is trying to at least exempt people who only wash hair from the hair stylist license, but the State cosmetology board is fighting them on it. 1,000 hours of education to wash hair!

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    31. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      110+ million gun owners, owning over 400 million (and rising) firearms and we get four or five tragic incidents where some homicidal maniac goes on a shooting spree.

      It's not the guns, if so the death toll would be much higher. 320 million and 11k firearm homicides a year. You have to extract the 20k suicides from the firearm death totals because if firearms are removed the suicidal individuals will just find another way to do it. See Japan and Korea for non-firearm suicide rates, no guns in those countries, far more suicides.

    32. Re:That's the trouble with you Americans by cardpuncher · · Score: 1

      the EU mandating GSM

      The point about regulation in this case is that it was precisely intended to drive a different outcome to the one that competition would produce. The EU's goal was to provide competition in the provision of phone services rather than competition in the technology for phone services. The view was the GSM was good enough (which it in fact was for the technology of the time) and that it was of more socio-economic value for people to be able to switch easily between different providers, even as they travelled across Europe, than have a potentially more advanced service that locked them into specific suppliers in specific regions.

      In that they were reasonably successful and Europe seems to be doing just fine meeting the demand for wireless services at relatively low cost. Competition will deliver a winner, as long as you can constrain the competition to a small number of variables, If not, well - take a look at your nearest peacock,

    33. Re:That's the trouble with you Americans by dwillden · · Score: 1

      Not many people have issues with electricians needing a level of licensing. But how about your hair-stylist, or even someone who just braids hair.

      This is where it's getting out of control. If someone messes up the electrical work, injuries and death can occur. If a hairstylist or barber messes up my hair, I go find one that knows what they are doing and the person that screwed up my haircut/style loses business, if they don't learn how to do it right they go out of business but no real harm occurs because they are inept at their chosen job. Yet these licenses are requiring people who have found they can get paid for their skills at braiding hair to get a hairstylist license costing thousands of dollars and requiring over a thousand hours of training to obtain. (real story btw).

      It actually takes longer (required classroom hours) to get licensed as a Hair stylist in some states, then it does to become a licensed apprentice Electrician where you learn in greater detail, while getting paid, on the job working for a journeyman or Master Electrician.

      --
      I'm too lazy to compose a creative sig.
    34. Re:That's the trouble with you Americans by burtosis · · Score: 0

      I could if America didn't screw its populace for drug prices. Maybe if America wasn't full of assholes like you the shooter in Florida could have aforded and received help. You are too stupid to even act in your own self interest, hope that goes as well for you as it sounds.

    35. Re:That's the trouble with you Americans by Gaxx · · Score: 5, Insightful

      Sorry - I don't buy the evolution analogy. There's elements of it that match but here's the issue. In a free market, companies don't 'evolve' to innovate. Innovation isn't the end goal, surviving and profiting is. There's a hell of a lot of ways to profit other than innovation and innovation is always a risky strategy to reach that end. Often it's easier to make a measured approach and plan to drag down anyone else who innovates, especially once you're big enough.

      A free market is about the profitability and survival being the end goal and whatever achieves that is what happens. This is why licensing is required, to ensure that people don't get trampled underfoot on the way to that profitability.

      As Solandri stated, licensing applies to people who could endanger your wellbeing through incompetence or negligence and we all benefit from that. You _could_ argue that people can vote with their feet, avoid restaurants that develop a reputation for food poisoning etc. Noone wants to be one of the ones who dies on the way to building that reputation, though.

      --
      -- Gaxx
    36. Re:That's the trouble with you Americans by dwillden · · Score: 1

      What about for someone to braid your hair? This also requires a license with extensive hours of schooling in some states. This is the problem, NOT the professions you mentioned.

      --
      I'm too lazy to compose a creative sig.
    37. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      This sounds like propaganda to get you to agree that specialist should work for minimum wage. Believe me, you want that engineer that designs the office building building you work in or the house you live in, to be certified

      No, what you want is for him not to be able to lie when he says he completed his education at university X in field Y.

      What you don't want is for him to have to pay a fee to be able to do the work.

    38. Re: That's the trouble with you Americans by luis_a_espinal · · Score: 2, Interesting

      How about licensed hair stylists?

      They did mention a few specifically: make up artists, hair stylists, cabinet making, to name some of the top of my head.

      I'm on the fence on this. Hair styling can be a vector of disease if you don't clean your tools well. Then there's the issue of how difficult getting one really is. There's some math test requirements to get the license in some states... and many people simply fail to pass them, which then ask the question "why do I need this to get a license to cut hair."

      But then I know people from other countries that pass the test and go the license because for them it was pretty much elementary school math.

      So, in the case of hair styling, is it really licensing that is hurting, or is it people's inability to answer elementary school level questions?

      And how do we propose that hair stylists conduct the proper hygienic procedures to run such an establishment? And how do we test them on a regular basis without a license?

      Licenses can be a hindrance in some areas. In others, they are a hindrance with a public service purpose.

      In other words, surprise, shit ain't always black and white.

    39. Re:That's the trouble with you Americans by AmiMoJo · · Score: 2

      If you believe in evolution, then you also believe capitalism works.

      Evolution is brutal though. It works by the weakest members of the population dying before they can reproduce. Okay, it's a bit more complicated but it's not a process that produces good outcomes for a lot of individuals.

      That's why most capitalist societies also have regulation and welfare.

      I suppose you could say that capitalism is the baseline, a system that works but which is not very desirable.

      e.g. the EU mandating GSM

      Actually a great counter example. We don't have the horrendous network lock-in that the US does. European phones are more compatible with the rest of the world. In the US capitalism found the best way to screw the customer and maximise profits, not the best technical solution.

      If you want the best tech then Japan and South Korea are both heavily regulated but also way ahead of Europe and the US.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    40. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      In terms of levels of violent crimes in Europe relative to the USA there is a meme suggesting rates are higher in Europe. However that neglects the difference in definitions of crimes, and the frequency of reporting relative to occurrence. If you look at surveys of victimhood of violent crime and pick the subsets of matching crimes, then rates in the USA and Europe for assault are very similar. This means that gun control, or its lack, doesn't seem to have a particularly strong effect on the overall prevalence of violent crime, which may hint at this being the residual rate in a typical western nation.

    41. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      People go into government for a variety of reasons. It's a gross generalisation, to assume it's a single reason. After a couple of decades the reason why someone is still in government may not be the one which caused them to initially enter government.

    42. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      About 2/3rds and likely the suicide group would find another way.

      [citation needed]

    43. Re:That's the trouble with you Americans by dcw3 · · Score: 1

      Um, no. This is mostly driven by unions, who could give a rat's ass about a capitalist free market. It's really quite the opposite.

      --
      Just another day in Paradise
    44. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      I need a gun so I can shoot you. Now you need a gun to protect yourself from people like me. Your solution is to have a third party, that is the government, take away both our guns so we can't shoot each other. The problem is that that third party over time and through human nature will become corrupt and enslave you and me.

      I would rather be an armed animal than a defenseless animal in a zoo looked over by cruel zoo keepers. My 2 pennies. BTW I really don't want to shoot you.

    45. Re:That's the trouble with you Americans by dcw3 · · Score: 2

      ...aren't affected by equivalents of America's (for example) gun culture ...

      Besides being off-topic (but since you went there), what "gun culture" are you speaking of? You can go about your business in the U.S., as the vast majority of the population does, and outside of police and security guards, or video games and TV, it's extremely unlikely that you'll see or hear a gun...likely for months or years, unless you make an effort to do so. Sure there are exceptions in certain gang infested, crime ridden areas. And I say this having lived through the '67 riots in Detroit, and being a gun owner for 40+ years, "gun culture"?...no...inability to deal with our mentally ill, substance abusers, and others who should never get access to guns...most certainly. FWIW, I'm disappointed that no action has been taken to prevent access to bump-stocks...there's no legitimate use for them, and would support reasonable legislation on gun control in general.

      --
      Just another day in Paradise
    46. Re:That's the trouble with you Americans by dcw3 · · Score: 2

      Yes, to all...

      If I want a tank, can I have one?

      https://www.cnbc.com/2014/07/1...

      An RPG?

      http://lmgtfy.com/?q=rpg+for+s...

      Cannon?

      http://lmgtfy.com/?q=cannon+fo...

      --
      Just another day in Paradise
    47. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 1

      From a historical study of weapons and political dynamics, Quigley concludes that the characteristics of weapons are the main predictor of democracy. Democracy tends to emerge only when the best weapons available are easy for individuals to buy and use. This explains why democracy occurs so rarely in human history.

      from Weapons Systems and Political Stability: A History by Caroll Quigley, Georgetown University historian and civilization theorist.

    48. Re:That's the trouble with you Americans by dcw3 · · Score: 2

      So, ~300,000,000 million people need to give up their right to defend themselves because ~.0001% of them are fuck ups, instead of dealing with those individuals. While those mass shootings are tragic, Also, 317 is a lie...

      "Between 1966 and 2012, there were 90 such incidents in the U.S."
      https://fivethirtyeight.com/fe...

      --
      Just another day in Paradise
    49. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      A capitalist free market is an excellent (arguably the best) method for searching vast solution spaces to find the most effective solution to a problem.

      Great opening statement.

      It works.

      Oops! Unsupported assumption. Tsk! Tsk! Please provide proof.

      If you believe in evolution, then you also believe capitalism works.

      False equivalency. Please remove.

      They're the same thing.

      Please provide proof.

      Please see me after the inevitable Hitler remark closes the discussion.

    50. Re:That's the trouble with you Americans by dcw3 · · Score: 2

      The EPA enacted nearly 4,000 regulations during the previous administration. You're telling us that that's all necessary? Bullshit.

      How about federal agencies monitoring individuals w/o a warrant, I suppose you're okay with that, and that it's not overreach.

      How about the government telling women they can't have an abortion, or that adults can't smoke pot, or gays (for many years) can't get married? Or that screwing anyone but your wife in any position other than missionary would land you in jail.

      People in power want more power, and always will. That's why we need term limits, and to put serious controls on lobbyists.

      --
      Just another day in Paradise
    51. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      European sour grapes!

    52. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      > If you believe in evolution, then you also believe capitalism works.

      You just have to accept that things restart nearly from scratch once in a while. When photosynthesis began, the released oxygen nearly killed all life on the planet. I'm not sure society wants to go there in the wake of a market crash.

    53. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 1

      And like all good American writing, it's wrong. Just go read the Wikipedia Democracy page for dozens of counter examples from history, the most noteworthy of which is India, the mother of democracy itself.

    54. Re: That's the trouble with you Americans by coofercat · · Score: 3, Insightful

      By that logic, you're also on the fence for people such as:

      - road sweepers
      - dog walkers
      - bird owners/breeders
      - cat owners/breeders
      - pretty much anyone who has a rodent pet
      - gun owners
      - delivery drivers (even small vehicles such as mopeds/bicycles)
      - any sort of entertainment venue (especially if kids of any age go there)
      - sysadmins
      - programmers

      The list goes on - all these roles have some associated public risk if they chose to do the role badly/incorrectly/illegally. Should they all require a license to operate at all though? Wouldn't a single law addressing "doing harm to others" cover it all, and mean zillions of professions can operate without licenses?

    55. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 1

      A friend of mine is a hair stylist, getting that license is ridiculously hard. She managed to pass the test after only two attempts (at something like 1000 bucks per go). Most take 3 or 4 tries. And yes, she studied her ass off before the first go.

    56. Re:That's the trouble with you Americans by Gravis+Zero · · Score: 1

      A capitalist free market is an excellent (arguably the best) method for searching vast solution spaces to find the most effective solution to a problem. It works. If you believe in evolution, then you also believe capitalism works. They're the same thing.

      This is absolutely correct! However, you have left out some critical details. What evolves isn't getting the best worker, it's getting the best job seeker. This means that the perfect employee gets passed up for a person who is better at finding job listings and interviewing for positions. They may be really shitty at the actual job but they can get by enough that they can get hired for a better position, perhaps at another company.

      To understand evolution, you need to understand the problem being solved and the problem being solved here isn't getting the best worker.

      --
      Anons need not reply. Questions end with a question mark.
    57. Re: That's the trouble with you Americans by Cederic · · Score: 1

      Hair stylists use large quantities of bleach and even nastier chemicals on peoples heads and near their eyes.

      Just google for 'hair stylist scalp burning' to see why some people would prefer to assure that their hair is being styled by someone with half a clue.

    58. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      "There's elements of it that match but here's the issue. In a free market, companies don't 'evolve' to innovate. Innovation isn't the end goal, surviving and profiting is. There's a hell of a lot of ways to profit other than innovation and innovation is always a risky strategy to reach that end. Often it's easier to make a measured approach and plan to drag down anyone else who innovates, especially once you're big enough."

      That's exactly what evolution is...

      "Innovation isn't the end goal, surviving and profiting is."

      That's evolution in a nutshell. Survive and get food...

      "... Often it's easier to make a measured approach and plan to drag down anyone else who innovates .. "

      Often by murdering other creatures and consuming their flesh, especially those who are new to the game.

    59. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      " In a free market, companies don't 'evolve' to innovate. Innovation isn't the end goal, surviving and profiting is. "

      Uhh... Isn't that exactly like evolution? Humans could probably be more productive if we had 4 arms but having two was good enough to survive and the changes to four were risky and came with disadvantages too.

    60. Re:That's the trouble with you Americans by jabuzz · · Score: 0

      Sorry but the not safe to use anywhere argument is bunkum. Where in the constitution does it mention anything about safety in relation to the second amendment. If I want to drive my self propelled howitzer down to the artillery range and fire a W48 armed shell that's my business. If I am not you have restricted my right to bear arms.

      It's all or nothing. Either my right to bear arms is not restricted or it is. Of course when the second amendment was written arms where muzzle loading cannon and flintlock pistols and riffles. I am quite sure if you demonstrated modern weapons to the founding fathers their views on the right to bear arms would have been very different.

    61. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      The argument also ignores cooperation and the idea that in free market capitalism, the end goal of corporations are to ultimately monopolize markets. Once a company gets too big it can easily absorb or consume any competition. Free markets work in theory but it not in practice. That nonsense was out to rest in the great recession.

    62. Re: That's the trouble with you Americans by dcw3 · · Score: 1

      "Hair styling can be a vector of disease if you don't clean your tools well."

      In my brief google search, I found plenty (sources like NIH, and OSHA) written on the risks to the employees due to long term exposure to chemicals, but virtually nothing from any reputable source on risks to customers. Though, there was plenty of fear mongering from the click bait sites. Do you have any sources to back up your concern?

      --
      Just another day in Paradise
    63. Re:That's the trouble with you Americans by lgw · · Score: 2

      Sorry - I don't buy the evolution analogy.

      That's because you misunderstand it. Allow me to explain.

      In a free market, companies don't 'evolve' to innovate. Innovation isn't the end goal, surviving and profiting is.

      Individuals of a species don't evolve either. Survival and reproduction is their goal. Evolution is something that a population does. Just as the statistical distribution of alleles in a population changes over time, the statistical distribution of business practices in a market changes over time. E.g. the slow fade of brick-and-mortar stores in many sectors.

      A free market is about the profitability and survival being the end goal and whatever achieves that is what happens.

      So, yeah, just like nature.

      licensing applies to people who could endanger your wellbeing through incompetence or negligence

      Everyone you meet could endanger your wellbeing through incompetence or negligence. Some people do want to license all human interaction, just like there are some anarchists, but reasonable people just want professional licensing to exist only where there's some risk of harm significantly beyond normal activities.

      Licensing an electrician: makes sense to most people. Someone braiding hair: not so much. So, it's possible to have too much licensing, and thus the discussion of how much is too much is a reasonable one without a simple answer.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    64. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      You're making the easily dismissed assumption that life evolves to "innovate." Adaption and innovation are not the same beast.

    65. Re:That's the trouble with you Americans by dcw3 · · Score: 1

      What the GP said. You're off your rocker dude.

      --
      Just another day in Paradise
    66. Re:That's the trouble with you Americans by dcw3 · · Score: 1

      For example here in Norway I can't buy a beer after 8 PM on a weekday and 6 PM on a Saturday,...

      Wait, what?!? Say it isn't so? That shining star that so many love to point to, and claim we should be just like them?!?

      --
      Just another day in Paradise
    67. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      The individuals aren't trying to evolve either, they are trying to survive and increase the chances of surviving going forward. Evolution happens to the group over time as changes prove better or worse at surviving, the individuals themselves don't evolve. Some companies try new things and win or lose based on those choices but there are plenty of companies that operate conservatively and wait for the riskier moves to be made by others first.

    68. Re:That's the trouble with you Americans by pr0fessor · · Score: 1

      Cosmetology is far more in depth than just braiding or cutting hair. You think they don't need any regulation or a certificate until you go in for a hair cut and walk out with lice and tetanus.

    69. Re:That's the trouble with you Americans by AuMatar · · Score: 1

      I'm saying the vast majority of them are, although you may find a few that aren't. SInce you're so certain that they aren't, you should have no problem finding say 100 of them that aren't. And by aren't necessary, it means that nobody was performing that action beforehand nso that a regulation was necessary to prevent it, or that the action itself is not harmful. I'll wait.

      Won't hold my breath though. I doubt you could actually find 5. Your type never can, you just like whining.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    70. Re:That's the trouble with you Americans by burtosis · · Score: 1

      Better to have a realistic view of what things actually are instead of embracing the disease that is American unbridled capitalism.

    71. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Congratulations, great job.

      You're exactly part of the problem.

      "WE MIGHT HAVE TO HURT SOMEONE WITH THOSE GUNS!"

      Great. Enjoy yourself. It must feel great living in such a safe country.

    72. Re:That's the trouble with you Americans by syn3rg · · Score: 1

      I think Mr. Musk's Falcon Heavy may solve this problem for us, if we can get him to build three passenger rockets, and we can put all the bureaucrats in the second rocket -- along with the middle managers and phone sanitizers, then send them off to that Earthlike planet to get things ready for the rest of us...

      --
      The contents of this message have been doubly encrypted by ROT13
    73. Re:That's the trouble with you Americans by Ungrounded+Lightning · · Score: 2

      I don't see a problem with allowing guns, but I don't see the reason to allow assault weapons. If I want a tank, can I have one? An RPG? Cannon?

      The guys who fought the revolution that led to their leaders writing and approving the Bill of Rights used personally-owned cannon and personally-owned warships in the war - which was the peak military technology of the time. Many of the foot-soldiers' long guns were rifled, and higher-tech than the muskets of their opponents.

      They'd just fought a revolution against the "legitimate government", and were doing their best to make it possible to repeat this exercise if their new roll-your-own government also got out of hand. So why SHOULDN'T the citizens have AT LEAST the firepower of the government forces? And why SHOULDN'T the government be banned from preventing this? (And why SHOULDN'T the citizens be expeected to take moves by the government to disarm them as the key evidence that it HAD gotten out of hand?)

      Meanwhile, do you know what an "assault weapon" is? How about an "assault rifle"?

      An "assault rifle" is a military term for a small (easy to carry and get get through small openings with it), select-fire (switch between single-shot and burst and/or continuous fire), low caliber weapon, designed to wound. (Kill an opposing soldier and you take one out of the fight. Wound one and you take out him, his buddy, a medic, ... And you have fewer relatives that hate your country once peace is achieved.) In some states the single-action "plowshared" versioins are illegal for hunting - because they're too underpowered and lead to the animal suffering a long time rather than dying quickly.

      An "assault weapon" is a term of legal art in anti-gun laws. It varies by state. But generally it means "ugly military-looking one-shot-per-trigger-pull gun with some arbitrary collection of features that sound scary, and we'll call it something that people will confuse with a low-power infantry rifle that can burst-fire."

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    74. Re:That's the trouble with you Americans by syn3rg · · Score: 1

      I believe Mr. Musk's Falcon Heavy may provide the solution for us: Have him build three passenger rockets and we can put the bureaucrats in the second one (along with the middle managers and phone sanitizers, of course), and send it to that nearby Earthlike planet to get it ready for the rest of us who will follow in the other two rockets...

      --
      The contents of this message have been doubly encrypted by ROT13
    75. Re:That's the trouble with you Americans by Reziac · · Score: 1
      --
      ~REZ~ #43301. Who'd fake being me anyway?
    76. Re: That's the trouble with you Americans by JesseMcDonald · · Score: 1

      Just google for 'hair stylist scalp burning' to see why some people would prefer to assure that their hair is being styled by someone with half a clue.

      Most people would prefer that any product or service they're consuming be provided by "someone with half a clue". That is no reason to legally mandate that the provider be licensed by the State. Reputation, caveat emptor, and the provider's liability after the fact for any harm which does occur are more than sufficient to ensure quality service without stifling competition and innovation.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    77. Re:That's the trouble with you Americans by Ungrounded+Lightning · · Score: 1

      In America, people against gun control say "Don't take our guns, we might have to hurt someone!"

      In America people sometimes DO "have to hurt someone". And (details vary by state) they generally DO have a legal right to do so.

      (In your country they do, to, don't they? At least SOME of them. If they didn't, why do your army and police have guns?)

      Typical situation is someone is attacking or threatening them in a way that "would put a reasonable person in fear of life or limb". Then they may use "deadly force" to stop the attack. "Deadly force" is force that risks killing the attacker. With-gun defence USUALLY stops the attack without a shot being fired, but if the defender shoots the attacker, it's about one-in-five he dies.

      Defenders in th US who DO end up shooting are over five times less likely to shoot someone they don't have a right to shoot than police are. (CCW holders are also more law-abiding than police by a similar factor. Wait for one of them to commit some with-gun crime and on the average you'll be waiting over seven thousand years.)

      With 350 million people, sure we get the occasional nut attacking others. But it seems that:
        * This is VERY rare. (Which is why the media plays it up for weeks when it DOES happen.)
        * It almost always happens in a "gun-free zone". (They may be crazy, but they're usually not stupid.)
        * It's FAR less rare in other countries that heavily restrict guns. (Consider Mxico, for example.)
        * We seem to have a lot fewer wars and genocides than other countries, too. Those stack up a LOT of bodies.
        * Research indicates that guns are used to stop crimes something like eight times more often than they are used to commit crimes.

      So it looks like having the population armed is a net gain in the "reducing violent death, injury, and victimization" department.)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    78. Re:That's the trouble with you Americans by h4ck7h3p14n37 · · Score: 1

      The licenses TFA calls a "charade" really aren't. Stylists don't just put on makeup, they can also apply caustic chemicals to your hair or skin. Likewise, bartenders mix substances which are consumed - do you really want someone merely pretending to be a bartender to mix something you'll end up drinking? Food service workers (cooks, chefs, waiters and waitresses) must pass a food handling exam for the same reason. All this is to guarantee that someone working in these fields have at least been taught basic pitfalls and mistakes to avoid.

      Fair enough, but once you require licenses to conduct business you tend to get politicians trying to use them to push their social agendas and create requirements that have nothing to do with the job. For example, cosmetologists, nail techs & estheticians in Illinois now have to complete domestic violence training.

      There's even been talk in my area of using licensing as a political weapon. Anti-police Cook County Democrats are upset that the police departments in the suburban counties are not reviewing police involved shootings. Even though these officers are following State law, politicians want to use a training and standards board to create additional restrictions, beyond what the law says, on the use of force so they can hold the police "accountable".

    79. Re:That's the trouble with you Americans by poptix · · Score: 1

      Lice and tetanus on a good day, chemical burns and permanently destroyed hair follicles on a bad day. Hair stylists deal with a lot of dangerous chemicals, bonding agents (hair extensions primarily), sharp objects and the fragile soul of teenage girls everywhere that might literally /wrists because their hair was burnt off the day before prom.

      --
      Just because you disagree doesn't mean it's not true.
    80. Re:That's the trouble with you Americans by Oceanplexian · · Score: 1

      A free market is as much about about profitability and survival as evolution is about making the perfect life-form. It doesn't have an end goal. It's simply an adaptation to the environment.

      Markets converge on profitability but the market is not driven by profitability alone. Non-governmental non-profits and charities exist in a free-market system and take in billions of dollars. Even many for-profit businesses don't have an "end-goal" of profitability, and would rather focus on treating employees well, or building a high quality, low volume product, or focusing on future growth. A lot of times Innovation IS the end-goal. It is certainly the goal of Amazon, which has been holding back profitability from shareholders, and has been rewarded by investors for doing so. That's why, for example, it has a P/E of 200 per share, while General Electric, despite having a profit-to-earnings ratio of 14, has seen its stock price plummet, and cut over 12,000 jobs.

    81. Re:That's the trouble with you Americans by jbengt · · Score: 1

      No. It's nothing like evolution.
      In evolution, individuals die and new individuals are born (hatched, whatever) with slightly different characteristics. Some die early, some reproduce a lot, the species lives on with changes, or goes extinct.
      In business competition, there is 'survival of the fittest' for individual companies, but there are no species, there is no limit on the lifetime of individual companies, there is no mating, and there are no offspring.

    82. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Wouldn't a single law addressing "doing harm to others" cover it all, and mean zillions of professions can operate without licenses?

      Let's see you write up the language for a law that does this that can't be trivially abused.

      Go ahead, we'll wait....

      It turns out that writing laws is a lot harder than you think, particularly since there are always people deliberately trying to bend or break it.

    83. Re: That's the trouble with you Americans by Mr3vil · · Score: 1

      I think that argument stems back from a time when the Barber was more than the dude that cut your hair. He was also the guy that removed that ugly thing growing in your armpit (with a doctor's supervision) or stitched you shut if you cut yourself. The barber was also the town dentist. The barber pole itself owes its origins to the barber/surgeon/dentist who cleaned bloody rags out in front of the shop. Still though, in a modern world where indoor plumbing, sanitation, and qualified surgeons exist the argument for licensing barbers and beauticians is moot.

    84. Re:That's the trouble with you Americans by jbengt · · Score: 1

      It might take the same amount of time, but it would still be harder to become a commercial pilot than to become an A/C technician (although I have some doubt about your anecdote - airline pilots are regulated by the FAA, not the states, and they require at least 1500 hours of experience for the pilot's license).
      And being a refrigeration technician (assuming that's what you meant by "air conditioning technician" is not as unskilled as you try to make it sound.

    85. Re:That's the trouble with you Americans by dcw3 · · Score: 1

      "unbridled" by mountains of over regulation. It's got problems, and yes, we need to fix some things (lobbyists, and monopolistic behavior come to mind), but yeah, it's only worked for a couple hundred years, creating the largest economy in the world, and making the U.S. the number one destination for immigrants, but yeah, it's totally fucked up. Moron.

      --
      Just another day in Paradise
    86. Re:That's the trouble with you Americans by jbengt · · Score: 1

      No. Most of the jobs requiring licensing are non-union type jobs.

    87. Re:That's the trouble with you Americans by dcw3 · · Score: 1

      Since you can't make a logical defense, you throw it back at me and want a hundred specific examples...oh, I see you've limited it down to five for me to find while you wait. You couldn't be bothered to respond to the other points made. I'm sure 4000 new regulations in eight years were necessary, in addition to the thousands already in place. No, you're clearly someone who thinks government is here to help you, and doesn't understand what bureaucracy really is. I've worked around government agencies for decades, and can point to plenty of examples of it's failure. How is any industry supposed to sift through thousands of regulations and maintain compliance? You'd need full time professionals to just keep up with the pace of regulation. Much if it is simple justification for it's own existence, and some of it is building little fiefdoms for bureaucrats, and just a small portion is actual progress.

      Too bad you can't distinguish between logical debate and "whining". I'm out.

      --
      Just another day in Paradise
    88. Re:That's the trouble with you Americans by dcw3 · · Score: 2

      Okay, so you're technically correct, but I would argue that the AMA, and ABA, and a few other licensed professional organizations are virtual unions, pushing the same thing.

      --
      Just another day in Paradise
    89. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Again, proving my point.

      My kids won't die in a school shooting. Yours might. Do what you want, just understand that your shitty attitude does have consequences.

    90. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      This is generally caused by labor unions, which are socialist by nature.

    91. Re: That's the trouble with you Americans by Anonymous Coward · · Score: 0

      It's very simple: If the jury says you did damage then you have to pay for the damage.
      Why does this have to be complicated?
      If your peers deem you guilty then you're guilty. And if your own peers deem you innocent of wrongdoing then what more is there to say?

    92. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Innovation isn't the end goal, surviving and profiting is.

      So it is exactly the same as evolution then.

      The companies that provide the goods that people want will continue to exist. The companies that piss off their consumers or fail to compete will cease to exist.

      Even better: it's a pro-rated system where a company will see an impact on their bottom line to the extent that there's a problem. If the corp sees almost no impact on their bottom line then in what meaningful sense can you say that there's a problem? Remember, it's impossible to please 100% of the people 100% of the time.

    93. Re:That's the trouble with you Americans by Maxo-Texas · · Score: 1

      The "free" market can't really exist without a reasonable amount of regulation.

      Americans experienced a totally free market pre FDA.

      We were sold radium laced water for it's health benefits, various toxic cancerous agents, cars that exploded in mild rear end explosions, and so on.

      It's just a fact that businesses will be fraudulent and even risk killing their customers for profit.

      Businesses will churn their customers accounts and steal the customer's money if they are not regulated.

      Businesses will sell dogmeat in hamburger products if they are not regulated.

      Businesses will knowingly sell products that cause death, addiction, and birth defects if they are not regulated.

      Businesses will sell products that look legit but which break much sooner (sometimes on first use) if they are not regulated.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    94. Re:That's the trouble with you Americans by AuMatar · · Score: 1

      Wow, you didn't even make it to one. Yup, proved my point- even the people complaining about the number of regulations have failed to come up with a single unneeded one.

      I'll accept your apology and admission they were all necessary, thanks.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    95. Re:That's the trouble with you Americans by Ungrounded+Lightning · · Score: 1

      ... single-action "plowshared" versions ...

      Oops. Braino.

      Make that "semi-automatic" - autoloading, one shot per trigger pull.

      "single-action" is "you gotta cock it every time, too."

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    96. Re:That's the trouble with you Americans by imrahilj · · Score: 1

      Just because companies are technically immortal does not mean that they are actually immortal. They wither and die quite frequently - the average age of an S&P 500 company is actually falling. Most companies find a niche, have a productive "middle age" filling that niche, and then die as the niche becomes irrelevant. As far as mating goes, companies both have mergers and spinoffs. The exchange of C-suite (and even lower level employees) between companies could also be seen as a form of "genetic" exchange. The spread of business practices like six sigma rather resemble how bacteria pass plasmids around.

    97. Re:That's the trouble with you Americans by outlander · · Score: 1

      >> People in the public sector spend the majority of their time coming up with useless ways to justify their existence.

      Tell that to cops, firefighters, EMTs, librarians, teachers, accountants, road-repair people, and a host of other people who do useful work on a daily basis that benefits the rest of us.

      Yeah, politicians are a PITA. But there are real working humans in the public sector and I'm pretty glad for what they provide.

      --
      "Truth is what works" -- William James "It works!!" -- o-dark-AM comment
    98. Re:That's the trouble with you Americans by david_thornley · · Score: 1

      Cosmetologists get up close and personal with people's skin, and can observe damage. This is not an attempt to push a social agenda, it's an attempt to get better reporting on domestic violence, which is often hidden. Detecting crimes may not be a natural part of a cosmetologist's job, but it isn't a social agenda either.

      On the other hand, since you appear to object to police departments investigating when an officer shoots someone, or holding an officer accountable when the officer just blows someone away, you may consider preventing crime a social agenda.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    99. Re:That's the trouble with you Americans by dddux · · Score: 1

      Indeed. There's nothing wrong with gun culture in the US. Hell, I'd give you some more weapons to kill more of yourselves. d= :) God bless America and your guns. p.s. Just keep it out of Europe, please. Thank you. We have a different culture and hobbies here.

      --
      "It is no measure of health to be well adjusted to a profoundly sick society." - Jiddu Krishnamurti
    100. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      Yeah except we've had to come over there and save your ass 2x in the last 100 years because you all keep giving all your rights away and then act all surprised when it blows up in your face.

    101. Re:That's the trouble with you Americans by nctritech · · Score: 1

      And that's why different nations exist. We can all live in harmony...separately!

    102. Re:That's the trouble with you Americans by wyHunter · · Score: 1

      And if you compare it to road fatalities, it's ... wow. Yet people keep driving their assault cars daily! And they do it whilst surfing the web, drinking a coffee, shaving/putting on make up, etc. Incredible.

    103. Re:That's the trouble with you Americans by dcw3 · · Score: 1

      You fail at logic. Turn in your geek card.

      --
      Just another day in Paradise
    104. Re:That's the trouble with you Americans by AuMatar · · Score: 1

      Still waiting for even one. I mean, if the majority of them aren't needed, you'd think you could name one off the top of your head.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    105. Re:That's the trouble with you Americans by Anonymous Coward · · Score: 0

      See you demonstrate the confusion that causes the problem...

      Police officers can either be:
      - 'peace officers' or
      - '(law) enforcement officers'.

      To make clear the difference just think of the police slogan 'To protect and serve...' Notice that's only half a sentence, and know that 2 kinds of police officers finish that sentence differently:
      - A Peace officer will 'protect and serve ... the public, the regular joe and jane'
      - An enforcement officer will 'protect and serve the powers that be'.

      They are 2 fundamentally different concepts, and the conflation of them is deliberate.

    106. Re: That's the trouble with you Americans by luis_a_espinal · · Score: 1

      "Hair styling can be a vector of disease if you don't clean your tools well."

      In my brief google search, I found plenty (sources like NIH, and OSHA) written on the risks to the employees due to long term exposure to chemicals, but virtually nothing from any reputable source on risks to customers. Though, there was plenty of fear mongering from the click bait sites. Do you have any sources to back up your concern?

      Lice for starters. Accidental nipping with scissors or trimmers which obviously need to be disinfected. I can list a few more.

    107. Re:That's the trouble with you Americans by RyoShin · · Score: 1

      What is the FBI's definition?

  3. My kid's friends did cosmology by rsilvergun · · Score: 2

    there are multiple tiers of the license. How much you need depends on what chemicals you work with. If you're a dude (most of us /.ers are) you have no idea how crazy some of chemicals they work with are. The stuff women will do to get straight hair if they're born with curly or curly hair if they're born with straight is absurd. Come to think of it, every girl I've ever met wants the opposite type of hair they were born with...

    I think the rise of licenses isn't just mean spirited folks wanting to raise wages. It's got more to do with computers making it easy to track folks and wide spread mass media leading to more people hearing stories of what happens when somebody without training does something dangerous. If it's one thing that 20 years in the workforce has taught me it's that companies do as little training as humanly possible.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:My kid's friends did cosmology by Hognoxious · · Score: 5, Insightful

      There is a theory that most regulations and red tape are unnecessary - we should rely on common sense.

      There's another which states that most regulations and red tape are there because common sense is actually quite rare and someone did something stupid.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:My kid's friends did cosmology by Mal-2 · · Score: 2
      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    3. Re:My kid's friends did cosmology by Richard_at_work · · Score: 5, Insightful

      Or rather, someone did something deliberate which was stupid - such as using a non-human-grade product because it was cheaper than the human-grade one and burned someones scalp off.

      That's the main reason things tend to end up licensed - illegal behavior on the part of the unlicensed actor.

    4. Re:My kid's friends did cosmology by AHuxley · · Score: 1

      Say a person, company invests in a stage play, opera, band and has a set number of days and times to have everything ready.
      A license ensures the person doing the make up has some way of telling the everyone that the make up will not be a problem.
      Everyone will look as needed and be able to look good over the days and week.
      Everything used will be safe and no questions of what is been used has to be asked every time by everyone. That "new" makeup effort would slow everything down and add extra complexity and doubt.
      The people performing need to fully trust their makeup every day.
      The services offered are fit for use and removes the questions of having to stop and ask lots of new questions about make up.
      Like the electric work, the costumes, the props, everything is ready and just works as expected overtime as everyone has a license for their standard of work.

      --
      Domestic spying is now "Benign Information Gathering"
    5. Re:My kid's friends did cosmology by godel_56 · · Score: 1

      there are multiple tiers of the license. How much you need depends on what chemicals you work with. If you're a dude (most of us /.ers are) you have no idea how crazy some of chemicals they work with are. The stuff women will do to get straight hair if they're born with curly or curly hair if they're born with straight is absurd. Come to think of it, every girl I've ever met wants the opposite type of hair they were born with....

      There's also questions of hygiene, such as how often you clean your hands, equipment, towels, environment etc. Some of the stuff being done by cosmetologists blends over into the quasi-medical, like Botox injections, mild chemical peels, laser, IPL or waxing hair removal (in sensitive places). etc.

      If I was a woman I'd be in favor of at least some basic qualifications for the people working on me.

    6. Re:My kid's friends did cosmology by ShanghaiBill · · Score: 5, Funny

      You keep using that word. I do not think it means what you think it means.

      If we allow cosmologists to be unlicensed, the entire universe could collapse into a black hole. There is some evidence that this is already happening. That is far worse than a bad haircut.

    7. Re: My kid's friends did cosmology by Anonymous Coward · · Score: 0

      No problem with having training to handle chemicals but when the babysitter totes around their babysitting certificate I roll my eyes.

    8. Re:My kid's friends did cosmology by Anonymous Coward · · Score: 0

      A makeup artist has to follow fairly strict rules to avoid spreading some rather nasty diseases. There was a case of an unlicensed MUA who infected the women in a bridal party with a nasty eye disease by not cleaning her brushes properly.

      If I were hiring an MUA, I'd want him/her to be licensed, especially if I were hiring them in a context where I could be liable (eg: if I were a producer on a film).

    9. Re: My kid's friends did cosmology by Anonymous Coward · · Score: 0

      I know that this comment is not all that deep or anything but I feel like Ive had this thought many times and you have put it into quote form. I am going to print this out and put it on my wall.

    10. Re:My kid's friends did cosmology by LWATCDR · · Score: 1

      One of the rules of the universe you learn as you get older is.
      "No matter how stupid, cruel, or evil a thing is, someone, will think it is a good idea."

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    11. Re:My kid's friends did cosmology by Kohath · · Score: 1

      If we allow cosmologists to be unlicensed, the entire universe could collapse into a black hole.

      With a little skillfully applied makeup no one will notice the difference. The universe will look young again.

    12. Re:My kid's friends did cosmology by Anonymous Coward · · Score: 1

      Which ultimately doesn't solve the problems because licensed practitioners can and do regularly commit crimes too. It's as if licensing magically ridded us of crime!

      I'd say the same thing applies to drivers licenses and unsafe drivers. Of course it didn't fix the terrible driver problem and it was never even the original objective of licensing drivers. It was the result of discontent for newfangled technology and was aimed solely at discriminating against motor vehicle operators. In the United States there were states without written or road tests as late as the 1960s. Today states utilize drivers licenses to punish different groups of people. From deadbeat dads to young people. In NY I believe (maybe this has changed) and maybe other states illegally graffiti acts can result in underage persons being denied a drivers license and this is exclusively applied to young persons. Older persons are not discriminated against in this way when they commit illegal acts of graffiti.

      Principled libertarians in New Hampshire are working to exterminate the drivers license and rid the state of this abusive and arguably unconstitutional (and regardless immoral) law. The state effectively punishes those who have committed no crime and created no victim from freely traveling through a vast majority of the country. It might be one thing to say it doesn't violate this freedom if there were other means of getting from any given place to any other given place without a motor vehicle. However the reality is very different and so it does effectively deny one there right to travel.

      For those who think this is crazy New Hampshire doesn't require motor vehicular insurance either. It's not crazy at all. Drivers are still liable for any damage. The state does not punish anyone for not having insurance until after an accident occurs and only if they can't substantiate an ability to pay. Only then does ones drivers license get suspended. This is good because it somewhat recognizes within a limited scope that travel by a means of modern transportation is a right rather than a privilege. Unfortunately that scope is insurance rather than driving a motor vehicle as otherwise we would not have a drivers license at all.

    13. Re:My kid's friends did cosmology by Anonymous Coward · · Score: 0

      I believe it was Einstein who regularly visited cosmologist for a hair cut. Fortunately he did visit an actual cosmetologist for his skin treatments. Haircuts were only available at the barbershop opposite the street.

    14. Re:My kid's friends did cosmology by Anonymous Coward · · Score: 0

      I should also point out New Hampshire leads the United States in insured drivers so whatever argument you might have about how we need to have insurance is non-sense. By not mandating insurance there is more competition [because insurance companies have to compete with $0 for those least able to afford it] which reduces the prices for insurance. That increases the adoption so we actually have a greater percentage of insured drivers than most states which do mandate it. Again- laws don't magically fix problems. They just create more criminals and that isn't a desirable outcome.

    15. Re:My kid's friends did cosmology by mvdwege · · Score: 1

      Which ultimately doesn't solve the problems because licensed practitioners can and do regularly commit crimes too. It's as if licensing magically ridded us of crime!

      Aka the Stupid Libertarian defense: "We still have murders, so laws against murder are useless!"

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    16. Re:My kid's friends did cosmology by KingAlanI · · Score: 1

      Besides working with strong chemicals, hairstylists and similar trades would need proper sanitation and often business skills, so it's not just aesthetics, but the length of schooling required still seems absurd.

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    17. Re:My kid's friends did cosmology by Pfhorrest · · Score: 1

      It's actually quite the opposite of that. Punishing murder is punishing harm that has actually been done. Requiring a license to do something punishes people for doing something without asking permission first, even if no harm is done -- and then if harm is done anyway, even by a licensed person, there is still punishment for that, as there should be. So with or without licensing, if you do harm you get rightly punished. All licensing adds is punishment for people who did harmless things without asking permission first.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    18. Re:My kid's friends did cosmology by Hognoxious · · Score: 1

      Some would consider the concept of "non-human-grade" anything to be nanny-state anti-business interference in the market that will inevitably lead to compulsory gay marriage and death panels.

      After all, if a product turns you permanently bald you won't go back to that hairdresser, will you? See, the market works!

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    19. Re:My kid's friends did cosmology by Hognoxious · · Score: 1

      If you revoke a license you don't have to go round and tell everybody individually that, for example, Pfhorrest is an incompetent electrician.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    20. Re:My kid's friends did cosmology by bluefoxlucid · · Score: 1

      Common sense is only laziness and ignorance. It's common sense that teachers in school should be armed so they can shoot back at the school shooters. Try it in practice--it won't work: the teachers will be prime targets for shooters because they're a threat and they're carrying ammo drops. They'll also probably miss now and then, causing even more danger to the students around them (as much as that's really possible when someone's trying to kill them).

      It's easy to nerf armed teachers.

      Common sense says harsh punishments deter crime. That doesn't work either .

      I agree we should have standards of competency before you're allowed to touch certain things. What those things are requires some review.

    21. Re:My kid's friends did cosmology by bluefoxlucid · · Score: 1

      If it's just convenience, we have certifications. If it's dangerous, we have licensing.

    22. Re:My kid's friends did cosmology by Thelasko · · Score: 1

      My main complaint about licensing isn't the fact it exists. It's that some of the requirements to obtain a license are needless. If you can pass an exam, and pay minimal fee, you should get a license. However, there are some States/Trades that require a diploma/certificate in order to sit for an exam. (e.g. you have to have a diploma from a cosmetology school before you can take the cosmetology exam, and therefore get a license) This is just a money grab for the institutions providing those diplomas/certifications.

      There need to be provisions for on the job training.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    23. Re:My kid's friends did cosmology by Anonymous Coward · · Score: 0

      My mom worked at a state institution. She said they had a lot of stupid rules, her coworkers would often complain about them. She said, that for every stupid rule, she had a name.

    24. Re:My kid's friends did cosmology by bugs2squash · · Score: 1

      Ah yes - the laws don't work because someone might break them argument. Laws work because most people don't break them and because people that do break them face sanctions (even in New Hampshire). If you run a beauty shop you are just as much on the hook for seeing that things are run safely as any of the individual practitioners you hire. How do you hire someone that can be objectively trusted you ask. Well...

      --
      Nullius in verba
    25. Re:My kid's friends did cosmology by bugs2squash · · Score: 1

      My Niece is studying to become a makeup artist. She will study for 2 years. But she is 16, so these form the last 2 years of her mandatory High school education. She is not just studying makeup, she also has to meet the usual high school graduation requirements in math and english etc.

      --
      Nullius in verba
    26. Re:My kid's friends did cosmology by AuMatar · · Score: 1

      You forgot the best reason not to arm teachers- in all the world, who do you think most wants to murder some of those little monsters? The guy who's forced to spend 8 hours a day with them. All you need is for him to snap once.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    27. Re:My kid's friends did cosmology by Pfhorrest · · Score: 1

      A vountary certification program that doesn't punish people who don't participate in it accomplishes the same thing. Consumers can just check the certificate to see if someone's legit, as easily as they can check a license. (And if consumers aren't checking for licenses, then the licenses aren't doing what you're saying here). Only difference is if the consumer doesn't check or doesn't care about its absence and nothing bad happens as a consequence, nobody is punished. If the consumer does care and check, same result: they avoid that business. If something bad results, same result: the business is punished for the harm they did.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    28. Re:My kid's friends did cosmology by Anonymous Coward · · Score: 0

      oh girl, we're just gonna red-shift that down a little and no one will be the wiser.

    29. Re:My kid's friends did cosmology by lgw · · Score: 1

      But you can do that without licensing: the penalty for doing wiring wrong can include being legally barred from doing such work. The only legit argument for licensing electricians is that it's significantly more complicated than it looks, and can't really be learned on the job safely. Licensing forces expensive training, and in this case it's a reasonable trade-off. The same can't be said for all skilled trades, which is why state licensing is such a patchwork.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    30. Re:My kid's friends did cosmology by DedTV · · Score: 1

      If you're a dude (most of us /.ers are) you have no idea how crazy some of chemicals they work with are.

      Most of us are also geeks though. We know what goes into making someone a convincing Klingon. :)
      The person who wrote the article however, obviously thinks that what his wife does for 45 minutes in front of the mirror each morning is the furthest extent of what a make up artist does.

      Another example is bartenders. People think the only skill set they need is pulling the handle on a tap, pouring mixes out of bottles and maybe at the high end places occasionally looking up a recipe in on a bartnending app. However, one bar I used to go to started hiring only licenced bartenders, even though they weren't required to, because just hiring people off the street who could mix a drink meant they'd been hiring people who had no clue about things like responsible serving and food safety. That led to several instances of people being over served and having to be carted out of the place on a stretcher (and they were fortunate none of them tried to sue), a couple of health department fines due to poor bar cleanliness (bartending uses lots of sugary liquids which if spilt and not cleaned up properly, are prime food for bacteria) and they were on the crux of losing their liquor license due to being caught numerous times serving under aged people as off the street people never took getting ID, especially from the undercover enforcement agents who had no problem being difficult to get served, seriously until they got their $500 fine and the bar got their strike against them.

      The vast majority of licensing requirements come not from a corporate conspiracy to raise the bar for competitors to enter a certain market as the article tries to make it seem, but from reactionary lawmaking due to some incident where someone doing a job people had thought could be done competently by a retarded monkey ends up proving that what they do can be dangerous if done by someone without proper training, so lawmakers make such training mandatory by instituting licensing.
      In short, licensing is often the equivalent of the "Caution HOT! Avoid Pouring on Crotch Area" warnings on Starbucks coffee sleeves. They exist because some stupid person got hurt or hurt someone else.

    31. Re:My kid's friends did cosmology by Anonymous Coward · · Score: 0

      That's the main reason things tend to end up licensed - illegal behavior on the part of the unlicensed actor.

      If the regulations actually prevent the dangerous and stupid and illegal behavior on the part of the licensed or unlicensed actor then where do the stories come from I wonder?

    32. Re:My kid's friends did cosmology by Maxo-Texas · · Score: 1

      That is like saying since we can only reduce the child abuse rate by 99.9999% by licensing day care owners and checking their criminal records is pointless because we can't reduce it to 0%.

      Licensing greatly reduces problems.

      Trust me, you do *not* want an unlicensed plumber doing any serious work on your house.

      And many regulations involving plumbing, gas, and electrical work are there due to very unlikely events that hurt or killed people. The chance it will kill someone is one in a million. So regulations like that which seem nonsensical or overbearing save about 3500 lives per decade.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    33. Re:My kid's friends did cosmology by david_thornley · · Score: 1

      Licensing is enforcing education for a profession, and sometimes to increase accountability. As it happens, some harm is irreparable, and suing the perp afterwards doesn't solve things, even if the perp has money. This is one of the things libertarians often seem to overlook.

      For example, a cosmetologist uses chemicals that can really mess up a client. Therefore, we want the cosmetologist to get some training to use these chemicals, and demonstrate the ability to use them without blinding clients or destroying their scalps. If a cosmetologist is incompetent, we want to have a way to prevent him or her from practicing it again, and the way we do that is through licensing. (Judges can put arbitrary restrictions on probation, since the defendant can always avoid them by going to jail, but they can't toss arbitrary provisions into a sentence.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    34. Re:My kid's friends did cosmology by Hognoxious · · Score: 1

      But you can do that without licensing: the penalty for doing wiring wrong can include being legally barred from doing such work.

      I'm sure that's a great consolation to anyone electrocuted or burned as a result of the faulty wiring. Because usually that's how shoddy work and corner cutting get detected - in the investigation of a disaster, after the fact.

      The "don't punish dangerous actions, punish consequences" argument would be OK if there was a big green reset button that unmaims and unkills people.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    35. Re:My kid's friends did cosmology by Uberbah · · Score: 1

      If the regulations actually prevent the dangerous and stupid and illegal behavior on the part of the licensed or unlicensed actor then where do the stories come from I wonder?

      Because regulation is completely pointless because you can't eliminate the behavior entirely? This is why you never go Full Libertarian - we will always have car crashes, so might as well let 10 year olds drink and drive at 100 mph.

    36. Re:My kid's friends did cosmology by lgw · · Score: 1

      Which is what I said in the rest of the comment you replied to. An electricians work is deceptively hard. If it were obvious how hard the details were, the market would solve the problem in one way or another - e.g., relying on inspection every so often, insurance requirements, expecting electricians to serve an apprenticeship: stuff we do anyhow.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  4. Bartending = makeup artists? by thegarbz · · Score: 0

    One wields a brush. The other must navigate a complex legal framework of what is and isn't allowed to be done, who can and can't be served, and often deals with people who are dangerously addicted to the products they serve. The latter makes perfect sense to license or oversee in some way or another.

    1. Re:Bartending = makeup artists? by viperidaenz · · Score: 3, Informative

      The one who wields a brush applies dangerous chemicals to peoples faces.

    2. Re:Bartending = makeup artists? by Anonymous Coward · · Score: 0

      Except that the complex legal framework is itself artificial. using regulation to justify more regulation seems circular.

    3. Re:Bartending = makeup artists? by Kohath · · Score: 2, Interesting

      The latter makes perfect sense to license or oversee in some way or another.

      Why? The guy at the 7-eleven who rings up your beer purchase isn't licensed. Home brewers aren't licensed. A friend who has you over for a couple beers isn't licensed.

      People have been drinking beer and for thousands of years without government meddling. Other than the government collecting a fee and employing a professional meddler, how is it different or better with government meddling?

    4. Re: Bartending = makeup artists? by Anonymous Coward · · Score: 0

      You're not allowed to drink at 7-11.

    5. Re: Bartending = makeup artists? by Kohath · · Score: 1

      So? Finding a place to drink is the world's easiest puzzle to solve. You can drink anywhere the police aren’t looking plus almost anywhere else if you cover up the container.

    6. Re:Bartending = makeup artists? by Anonymous Coward · · Score: 2, Insightful

      It keeps the equipment sanitary. I don't want my beer strained through the brewer's wife's old unwashed stockings.

      In other words, because of the profit motive, people will take shortcuts and cheat at the expense of the consumer - even if it kills them.

      The Libertarian fairy tale is that the Free Markets (all be Praised Hallelujah!) will take care of it. Folks will realize the bad behavior and not give them business anymore.

      One, people are stupid. Read 5 star reviews on Amazon and you'll see folks are too nice. "I got the package! FIVE stars!!!"

      Two, so I put road kill into your hot dogs - tainted with motor oil and other crap - but it tastes good and you don't notice.

      A-Okay! Right?!

      Sue?!? Really? DO you know that ALL dietary supplement companies are frauds? Thanks to Orin Hatch (R-Utah), the FDA has the burden of prrof if one of those worthless products don't work - and none do.

      I can stuff a gelantin capsule with confectioners sugar and call it anything I want and charge $$$$$$, claim what I want (with a legalease disclaimer) and the FDA is the one that has to prove its bogus.

      And thanks to the Republicans - ONLY the Republicans - the FDA doesn't have the money to do any enforecement on the fraudulent dietray supplement industry.

      Thanks to Orin Hatch (R- retard of Utah-Moron kooks)

      The Republicans have enabled fraud and poisoning by industry.

    7. Re:Bartending = makeup artists? by Kohath · · Score: 1

      If the bar has an A rating from the health inspector, why does the guy behind the bar need a separate, redundant rating?

    8. Re:Bartending = makeup artists? by Hognoxious · · Score: 1

      People have been drinking beer and for thousands of years without government meddling.

      Here's why your talking out of your lardy arse.

      One, Saudi Arabia.

      Two - and you might have heard of this because it's from your own history - the 18th Amendment.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    9. Re: Bartending = makeup artists? by Anonymous Coward · · Score: 0

      And? You seem to have failed to make an argument or assertion that relates to bartending.

      Is there a reason for that oversight? Did you get so drunk that you forgot what we were talking about?

    10. Re:Bartending = makeup artists? by AHuxley · · Score: 1

      A "health inspector" might cover rats, cockroaches, food.
      No so much what a city and state and nation wants to be covered for who gets to buy alcoholic beverages.
      That "rating" ensures everything related to alcoholic beverages is safe and legal.

      --
      Domestic spying is now "Benign Information Gathering"
    11. Re:Bartending = makeup artists? by Kohath · · Score: 1

      That "rating" ensures everything related to alcoholic beverages is safe and legal.

      Can you cite any evidence of this? What's the incidence of injury or illness from unlicensed bartenders in jurisdictions that don't require a license? Is it higher?

      Or are you just making up FUD and/or repeating a few isolated anecdotes without regard for whether they’re significant in a large population?

      Should we deny people employment whenever someone says "but what if something bad happens"?

    12. Re:Bartending = makeup artists? by viperidaenz · · Score: 1

      Yes, chemicals

    13. Re:Bartending = makeup artists? by dgood · · Score: 1

      I think it's more of the case that legislators who make the rules restricting alcohol consumption needed a way to enforce the rules. If they let just anyone serve alcohol the rules probably won't get enforced very often due to ignorance if nothing else. If they make it illegal to serve without a license then the bartenders will enforce the rules on threat of losing their license and job.

    14. Re:Bartending = makeup artists? by Kohath · · Score: 1

      They do sting operations to catch people breaking the rules. Word gets around really fast about that. No bartender wants to lose his job to serve a minor or break some other rule. Breaking a rule doesn't benefit him much. Getting caught breaking a rule costs him a lot — bartending can actually pay pretty well.

    15. Re:Bartending = makeup artists? by UnknowingFool · · Score: 1

      Why? The guy at the 7-eleven who rings up your beer purchase isn't licensed.

      As far as I know the guy at 7-eleven doesn't open my beer nor can make mixed drinks for me. A bartender can. In fact the 7-Eleven is required to have a food serving license if it serves food as opposed to merely selling prepackaged food.

      Home brewers aren't licensed. A friend who has you over for a couple beers isn't licensed.

      So my friend is a home brewer is operating a business which sells beer for money? Wouldn't he require a license to do so?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    16. Re:Bartending = makeup artists? by Actually,+I+do+RTFA · · Score: 1

      To ensure that he knows to cut off inebriated people and can spot a fake ID.

      --
      Your ad here. Ask me how!
    17. Re:Bartending = makeup artists? by jeff4747 · · Score: 1

      The guy at the 7-eleven who rings up your beer purchase isn't licensed.

      The guy at the 7-eleven is selling beer that was packaged by a licensed brewer. He is not packaging the beer himself. The beer is not served in a reusable vessel that must be cleaned properly to prevent the spread of disease.

      Home brewers aren't licensed

      Home brewers can only harm a limited number of people. That's why there is an upper limit to how much they can produce without a license. In other words, InBev can harm millions of people, so they have to have a license. Home brewers can harm around a dozen people.

      Also, that dozen probably knows the home brewer, so they presumably have some sense of whether he's the kind of person to properly clean his equipment. You and that home brewer can also discuss the presence of allergens in the beer.

      A friend who has you over for a couple beers isn't licensed

      Assuming this isn't your home brewer example, they're serving you beer from a single-use vessel that was packaged by a licensed brewer. It is likely you're drinking the beer from this vessel. If you're using a glass, you presumably know your friend well enough to know if that glass is clean.

      Further, if your friend does screw it up, they can only harm a small number of people.

      People have been drinking beer and for thousands of years without government meddling

      And people have been dying to food borne illness for even longer.

      Other than the government collecting a fee and employing a professional meddler, how is it different or better with government meddling?

      You know any families that were wiped out by dysentery or cholera? Fucking government meddling!!

      Also, a bartender license is a mechanism to enforce other regulations, not just food safety. For example, serving someone they should not. Instead of it being a criminal violation and throwing the bartender in jail, the license can be suspended or revoked.

    18. Re:Bartending = makeup artists? by jeff4747 · · Score: 1

      First, the health inspector is looking at the bar, not how the bartender serves the beer and washes the glasses.

      Second, the license is a way to enforce other regulations. Such as serving a person that should not be served. Instead of it being a criminal matter and throwing the bartender in jail, the license can be suspended or revoked.

    19. Re:Bartending = makeup artists? by Green+Mountain+Bot · · Score: 1

      The guy at the 7-eleven who rings up your beer purchase isn't licensed.

      Is that so? Even in states where the cashier isn't required to be licensed, the store itself is.

    20. Re:Bartending = makeup artists? by thegarbz · · Score: 1

      Why? The guy at the 7-eleven who rings up your beer purchase isn't licensed.

      In other countries which have sane and consistent laws, that person would be.

    21. Re:Bartending = makeup artists? by Anonymous Coward · · Score: 0

      It keeps the equipment sanitary. I don't want my beer strained through the brewer's wife's old unwashed stockings.

      Why not? It's beer, it's been drank for thousands of years because (among other reasons) the alcohol prevents germs from growing. You can even get beer that's made from beard yeast, if that floats your boat.

    22. Re:Bartending = makeup artists? by david_thornley · · Score: 1

      A friend of mine was once thinking of opening a microbrewery. He called the appropriate state inspector and asked about cleanliness requirements. The inspector laughed, and said that if he let up on it his beer would be undrinkable long before it was dangerous.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  5. To help out by Kohath · · Score: 2, Informative

    If you want to help solve this, donate to the Institute for Justice. They are the most prominent organization fighting "license to be employed" laws.

    1. Re:To help out by Anonymous Coward · · Score: 0

      I don't think we really want to go back to the days before licensing. Sure, there are licenses for things that are kind of ridiculous. But, the more common situation is where we don't have enough licensing or licenses that are strict enough. For example, private security has anywhere from no license required to moderate licensing requirements. Around here, if you work directly for the owner, then there's no license required, but if you work for a 3rd party, the training is less than a day's worth.

      Likewise, prior to licensing, people were allowed to sell all manner of literal snake oil as medicine, now it has to be sold as supplements and even there, there are minor limitations on what those products can be advertised to do.

      Sure, we do need to reconsider some of the licenses, but to suggest that it's not a good thing is ludicrous. There are far better solutions to the problem than doing away with what are frequently useful licenses.

    2. Re:To help out by Kohath · · Score: 2, Insightful

      Likewise, prior to licensing, people were allowed to sell all manner of literal snake oil as medicine...

      That's the general argument, yes. You can't get rid of a single legal requirement on anything, no matter how ridiculous it is, because then you'd repeal all legal requirements on everything.

      No. You wouldn’t. You'd keep the few that you need and repeal the rest. And then see how it goes. And then add a couple back or repeal a couple more based on the results just like any other intelligent people would if they were trying to serve their society instead of themselves.

    3. Re:To help out by Anonymous Coward · · Score: 1

      Which ones do you want to repeal, exactly?

      I worked for a company that was heavily invoved in competence assurance; whilst it wasn't state-mandated, it may as well have been. You couldn't work in that industry without documented skill, knowlege and experience in the speciality for which you were employed.

      Some of the things that we asked people to proove they could do were extremely basic. Whilst it may seem silly to have to have a bit of paper that says you are competent to climb a ladder, or rig an object to be lifted, or turn off an electrical system prior to maintainance, I wouldn't want to work on a site where it was just taken on trust that Rando McBando knew what he was doing.

      The number of horrific accident reports we got from other areas of the industry that weren't so well regulated was... troubling. There were a lot of un(der)qualified folks trying to do things they hadn't been properly trained for, and a lot of "old hands" who'd been doing things "their way" for years and had just been lucky up to that point.

    4. Re:To help out by PPH · · Score: 1

      I wonder if they would be helpful in my attempt to set myself up in business as a self-taught attorney.

      --
      Have gnu, will travel.
    5. Re:To help out by Kohath · · Score: 1, Insightful

      Which ones do you want to repeal, exactly?

      I would pick 10 at random, challenge the licensing supporters to find or conduct a scientific study of whether they prevent a significant harm to the public, and repeal the ones that aren't proven necessary. Then repeat that every year.

      Since licensing laws vary by state and locality, it should be simple to look at jurisdictions with no licensing requirement for a given profession and see all the harm to the public from unlicensed practitioners in those places. If there is no harm, or if the difference is not statistically significant, then the licensing requirement gets repealed. If that turns out to be a mistake after 3-4 years, reinstate the requirement.

    6. Re:To help out by LWATCDR · · Score: 1

      Do the also fight mandatory Union membership?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    7. Re:To help out by pots · · Score: 1

      The Institute for Justice is a libertarian group which fought against a law intended to equalize campaign funding between candidates. They used the argument, no exaggeration, that equal funding would have a chilling effect on speech because it would dissuade potential campaign donors. In other words: bribery is speech and so we can't have anything which might suppress bribery. They won this suit with an unsurprisingly 5 - 4 decision, split exactly as you'd expect.

      I'm sure they do other things as well, and libertarians do tend to dislike things such as licensing, so I'll believe you that licensing is one of their pursuits. This is one small part of what they do, however.

    8. Re: To help out by Anonymous Coward · · Score: 1

      What compensation will you offer for the victims of your experiments?

    9. Re: To help out by Kohath · · Score: 1

      The same compensation that victims of the current laws get. There would be zero change in anything like that.

      How are you compensating people who can't get a good job because of someone's phoney FUD campaign?

    10. Re: To help out by Anonymous Coward · · Score: 0

      Licensing is stupid. If you want a licensed individual then hire someone with the degree or certification. The way things should work is liability. If I am willing to work on your house and I do something stupid I should be liable regardless of whether or not I'm licensed. It's that simple. Now that is unless you get the homeowner to wave that liability. Obviously a person who is a homeowner could demand to see insurance and an insurance company is also going to check that the person is certified or there is at least otherwise evidence of competency before insuring them because they're taking over liability if the contractor screws up.

      The Free State Project's libertarian migration project (at least principled libertarians and not the "libertarians" most people think of when they think libertarian) has resulted in a lot of people in New Hampshire fighting shit like this. We've even got a lot of people advocating against the abolishing of drivers licenses and it's not as crazy as it sounds. Drivers licensing doesn't magically make people safe drivers and drivers licensing wasn't even intended to make the roads safer originally. Until the late 1960s there even states without written or road tests.

      New Hampshire already doesn't mandate car insurance and its resulted in lower rates because insurance companies have to compete with zero and so more drivers can afford insurance thus we lead the nation in insured drivers despite having no mandate. Uninsured drivers are still liable and risk facing drivers license suspension if they can't evidence the fact that they can pay provided there is an accident.

      The best decision of my life was to move here because there is a growing movement with effective means at changing things for the better. If you want to see freedom (which we have arguably never really had in the modern era- and really that probably extends 10,000 years here) there is no better place than New Hampshire. Nowhere else is the population, jobs, geographical distribution of the population, access to the state and politicians, and so in favor of those wanting to organize a free society. It may take 50 or even 100 years to organize a revolt against the federal government- but a lot can be done in the mean time. Before you can attempt a project like buying an island or doing something more radical or more difficult to pull off you need to have enough like-minded people organizing in one region and that is what we have in New Hampshire. Nowhere else is there more going on than here in southern New Hampshire (ie where the vast majority of the population live, ie it's warm :) here compared to up north).

    11. Re: To help out by Anonymous Coward · · Score: 0

      The same compensation that victims of the current laws get. There would be zero change in anything like that.

      So you are putting up the money yourself? Can I see your documentation? I can't just take your word, I need you to prove it.

      How are you compensating people who can't get a good job because of someone's phoney FUD campaign?

      Stop being stupid, I'm not asking to do anything. You are. You want to put people at risk of injury for your own social experiment.

      That means the burden is on you to prove your ability to compensate the injured. You're the one who wants to advance an agenda.

      Take responsibility.

    12. Re:To help out by jeff4747 · · Score: 1

      I love it when people casually decide that others should be harmed or killed. And then "repeat that every year". Really shows just how much they value the lives of others.

      These regulations were not invented in a vacuum. They were all responses to deaths and/or harm caused by what is being regulated. Show that the regulation is too heavy-handed to deal with what caused the actual harm (such as NYC Taxi Medallions), and you can get support for repealing those regulations.

      Also, this requires realizing that many licensing regulations are in place because they allow the violation to be handled administratively instead of criminally.

    13. Re:To help out by bluefoxlucid · · Score: 1

      That's nutty.

      I have technical problems with most campaign reform efforts.

      In one corner, you have everyone focused on Citizen's United--most of whom want to pass laws which would make their own campaigns illegal, and seem to fundamentally misunderstand what Citizen's United is. To be clear: the Citizen's United decision allows an entity (PAC) to speak about a candidate or candidates, so long as they don't coordinate with any candidate. These anti-Citizen's-United groups ... are endorsing candidates and spending money to speak out, telling people it should be illegal to do ... well, that, as well as to do any sort of "lobbying" of any politician, or even to spend any money to influence legislation--which is exactly what they're doing.

      tl;dr: that kind of ham-fisted approach will quickly silence all advocacy groups, making sure the little people's voices stay little. There may be a viable approach to Citizen's United, but there's a lot of risk of unintended consequences and less reward than people think.

      You also get people who want pure public funding--no contributions. This leaves it up to some elite to decide who gets to run, really. I cannot support that kind of measure.

      Many of the less-radical groups push for things like small donations matching with archaic rules about who can get matching. This is a good direction, but they put a lot of emphasis on not taking donations over some dollar amount ($50 or $150, frequently), not using your own money, and not taking contributions from PACs. You're also not eligible for public funding until you raise some money--$10k to $40k is the usual range. These systems are also opt-in, which is a huge flaw: the small-donor candidates typically get 95%+ from individual contributions and matching, while the traditional candidates raise 30%-50% more funds.

      So what do we do about it?

      From what I can tell, we can't do this without two things: Democracy Vouchers and campaign spending hard limits. The system needs to be mandatory (not opt-in), and we can keep current PAC rules and donation limits. Contribution matching will reduce the impact of large donors, if you scale it up enough: a 3:1 match up to $675 or a 5:1 match up to $450 means big donors hit the ceiling quickly, while small donors have a big impact.

      I also want to boost new candidates--e.g. match Congressional candidate loans up to $5,000 (reclaim from any loan payment) and match qualifying initial individual contributions (up to $5,000). With 3:1 matching, a candidate can self-fund up to $40,000, but has to pay $40,000 back to extract $5,000 of those loans back into his own pocket (loans out first: whenever you pay and have public matching loan balance, you have to match your loan repayment to pay the state back).

      Let's say a candidate needs $40k to go full public matching in this system. Those candidate loans don't count. What counts is any theoretical public funds and any real contributions: if you get $10,000 in 3:1-matched contributions, the State will give you up to e.g. $15,000 (3:1 on the first $5K) on the way up, and then another $15,000 when you break $10k (at which point the matched funds would be $40k). If you get PAC money, well, okay, but that's not matched: you need $10k from small donors, or $20k from PACs (that initial $5k matching means you're effectively there when you have $20k of any other funding) to start receiving additional matching.

      It's key that we have spending limits. $300k and you're DOA, or maybe some more-complex rules about only being able to spend $50k of your cash-on-hand (not from Candidate contributions or loans!) and then can only take small individual contributions. One way or another, breaching a hard limit has to stop you from pumping your own wealthy millionaire money into your campaign.

      We might need some rules for PACs as well, such as a PAC that takes only small donor contributions (e.g. $50) can get matching under anal

    14. Re:To help out by pots · · Score: 1

      Well, your ideas are fine but your criticisms of the other two that you mention seem to be misunderstandings. Yes, people who protest Citizen's United are employing the very tactics which they protest against... so what? If they succeed, then those tactics will no longer be legal and they'll go do something else. That's not a contradiction.

      Also, people who want pure public funding with no contributions have never suggested a system which would leave it up to some elite who gets to run. I don't know where that came from. The suggested plan is usually something similar to the system we have now for getting on the ballet - you need a certain number of signatures to qualify, and everyone who qualifies gets funding.

      Yes there are some big problems with opt-in approaches, but those are the only approaches allowed by the Citizen's United Decision. Or at least they were until the decision above, argued by the Institute for Justice, which said that even opt-in didn't allow for enough bribery.

    15. Re:To help out by bugs2squash · · Score: 1

      boilermaker might be more fun

      --
      Nullius in verba
    16. Re:To help out by Kohath · · Score: 1

      I love it when people casually decide that others should be harmed or killed. And then "repeat that every year". Really shows just how much they value the lives of others.

      You want government to use vague emotional appeals and storytelling to make decisions instead of science and evidence.

      Also, this requires realizing that many licensing regulations are in place because they allow the violation to be handled administratively instead of criminally.

      Yeah. In a criminal trial, the government has to prove their case beyond a reasonable doubt and the defendant has zealously protected rights. When things are handled “administratively” the government gets more-or-less a free hand to decide whatever and the individual can go fuck himself if he doesn’t jump through all the hoops and kiss all the rings.

    17. Re:To help out by Anonymous Coward · · Score: 0

      I love it when people casually decide that others should be harmed or killed. And then "repeat that every year". Really shows just how much they value the lives of others.

      These regulations were not invented in a vacuum. They were all responses to deaths and/or harm caused by what is being regulated. Show that the regulation is too heavy-handed to deal with what caused the actual harm (such as NYC Taxi Medallions), and you can get support for repealing those regulations.

      Also, this requires realizing that many licensing regulations are in place because they allow the violation to be handled administratively instead of criminally.

      In the vast majority of cases, the licensing does not exist because it is needed, but instead as a form of what economists call "rent-seeking" behaviour. See The Captured Economy by Brink Lindsey and Steven Teles. Many studies have shown that the quality of service is indistinguishable or even worse in the states with licensing than the states without, for many licensing scenarios.

      Even in cases such as medicine, we find the AMA creating rules that prohibit trained doctors from other countries - every bit as a qualified as their US counterparts - from practising medicine here. Also, many people (such as nurses or PAs) who are perfectly qualified to do many of the tasks doctor's do are barred from doing so, purely as a form of rent-seeking by the US medical profession. Similarly, people who have degrees in biology and chemistry are not allowed to get to get many drugs at pharmacies without a prescription - even though they are probably in a better position to assess their own needs and decide whether or not to conduct experiments with their health than a doctor would be, due to personal knowledge. Also, many people (even those with college degrees) can not afford to see a doctor, due to the massive problems with US health care.

      US doctors make roughly 30% more than their Swiss counterparts - but the average cost of living in Switzerland is far higher than in the USA. The doctors aren't as unethical as the lawyers in the USA, but they aren't any example of shining virtue either.

      Similarly, economists have estimated that roughly half the income of US lawyers comes rent-seeking behaviour - which is just another way of saying it comes from unethical practice of law, or from legal ethics problems in the legal system.

      Claims that licensing laws should be presumed to be valid generally are created as propaganda by people who benefit from such laws and don't want anybody rocking the apple cart. In this day and age, wrongful conduct is usually protected by a bodyguard of lies. It takes research and critical thinking skills to see past the lies.

      All laws that involve rent-seeking are a violation of fundamental rights "under the colour of law" and a Bill of Rights violation, and should be fixed. Having the government routinely violate the Bill of Rights on behalf of special interest groups is not in the long term interests of society, or within the legal authority of government. This doesn't mean that all licensing is bad - but as with most aspects of law in the USA, a huge amount of reform is needed and long overdue.

    18. Re: To help out by Anonymous Coward · · Score: 0

      So in other words, you can't actually back any of what you've said up and are instead asserting, without evidence, that the licenses are based on phoney FUD.

      Typical of people espousing your ignorant views. Licensing requirements are put in place based upon testimony and what's going on in that sector of the economy. The impacts aren't always obvious. A hairdresser might seem like something that shouldn't require a license, but there's hygiene issues and ones related to the chemicals they use. That lone ought to justify some form of license.

      Licenses that exist purely for arbitrary reasons are few and far between because there's intense pressure to get rid of them. Off the top of my head, I can't think of any license that is simultaneously hard to get and pointless. The ones that are arguably pointless tend to require a small investment of time and money to obtain. My business license, for example, took less than an hour to get and it's mostly about the state knowing what businesses are in operation.

    19. Re:To help out by jeff4747 · · Score: 1

      You want government to use vague emotional appeals and storytelling to make decisions instead of science and evidence.

      No, I want people to realize a pile of dead bodies is not the appropriate way to measure whether or not a regulation should continue to exist.

      Again, look at what the regulation is trying to prevent. Then think about a way to prevent that with a less-strict regulation.

      For example, the horror of bartender licensing. You have to learn not to spread disease among your customers (gotta wash the glassware), how to spot fake IDs, and when to cut someone off. That's it. Takes less than a day.

      What, specifically, needs to be removed from that list?

      And why, specifically, should we listen to your opinion on what needs to be removed when you cavalierly suggest we die in your experiment?

      Yeah. In a criminal trial, the government has to prove their case beyond a reasonable doubt and the defendant has zealously protected rights. When things are handled "administratively" the government gets more-or-less a free hand to decide whatever and the individual can go fuck himself if he doesn’t jump through all the hoops and kiss all the rings.

      Except that the "defendant" in that administrative case can still turn to the judicial branch if the administrative action is not fair.

      Bartender sells a beer to a 16-year old because he didn't bother ID'ing the kid. Do you want him to have to take a week off work (license suspended), or do you want him to go to jail for 3 months? Keep in mind the latter also requires the bartender to be out of work for months awaiting trial, while the former gets decided in about a day.

    20. Re:To help out by jeff4747 · · Score: 1

      In the vast majority of cases, the licensing does not exist because it is needed, but instead as a form of what economists call "rent-seeking" behaviour

      The way to evaluate that claim is what is required to be taught in the licensing.

      Bartender license: You have to learn:
      1) The glassware needs to be cleaned between customers.
      2) Here's some common things to look for in fake IDs
      3) You can't serve someone who is obviously going to give the drink to a minor
      4) You have to cut off a customer after they've reached a particular point of drunkenness.

      It takes less than a day to get it done. Cost is low.

      What's onerous in that list? Why is it? If it's something that "the bartender would do anyway" in your mind, keep in mind a whole lot of people are really dumb. (The alcohol will kill the germs!! Not on the outside of the glass)

      Now Lindsey and Teles were primarily enlisted to fight in the war between doctors and nurse practitioners/PAs. There is an argument to be made that the AMA is rent-seeking. There is also an argument that the AMA is not - not every doctor from another country is every bit as qualified. Some are not at all qualified. The way the AMA proposes filtering that is to require those doctors to get training in US programs in order to get a US license. That is not an unreasonable mechanism of ensuring proper training when you cannot evaluate that doctor's medical school and other training.

      Let's pretend we do it your way and the US accepts every medical license from every country. What will keep one country from becoming a "degree mill" and licensing everyone who pays them?

      Blacklist those? Ok, now we have to create and maintain a blacklist. It will take a while to catch the degree mills, resulting in a lot of deaths. There's also the huge problem of banning the existing doctors who are good but happened to be trained at the "degree mill".

      And since the world is big, there will be a constant stream of new "degree mills" to add to that blacklist, as well as places that "reform" and seek to be removed. Also since this is an international situation, foreign affairs come into play. So now Congress forces US Hospitals to not recognize degrees from Cuba, and forces US Hospitals to recognize degrees from country-whose-lobbyists-just-bribed-important-Senator-whose-vote-I-need.

      Or we just keep it as "gotta pass a US program".

      Similarly, economists have estimated that roughly half the income of US lawyers comes rent-seeking behaviour

      These economists are idiots. Around 50% of lawyers stop practicing law because the massive over-supply of lawyers means they can't make any money.

      To claim that there are too few lawyers due to licensing requirements means said economist has made an argument for licensing economists.

      All laws that involve rent-seeking are a violation of fundamental rights "under the colour of law" and a Bill of Rights violation, and should be fixed.

      I see someone is suddenly against the 10th amendment. See, licensing laws are state laws. There are virtually no federal ones. Shouldn't the states get to decide to go with strict licensing or loose/no licensing? After all, that is the claim when it's the federal government imposing a regulation.

      So odd that suddenly the 10th amendment is bad now that some rich folks could make more money off of owning insurance companies......

    21. Re:To help out by Kohath · · Score: 1

      For example ... bartender licensing ... What, specifically, needs to be removed from that list?

      There are many jurisdictions that don't require bartenders to be licensed. If no one can show a disparity of outcomes between licensing and not licensing, then all of it should be removed. We don't need a government enforcement regime for every notional "good idea" or "good practice".

      It's science versus emotion. If licenses don't help in the real world, they shouldn’t be required because of some FUD and storytelling.

      Except that the "defendant" in that administrative case can still turn to the judicial branch if the administrative action is not fair.

      In other words:

        We're taking away your license so you can’t work, but you can spend the next 2 years in court trying to get it back if you want. Meanwhile you're prohibited from working at your job and there's never going to be any way for you to get that lost income back, even if you win.

      Bartender sells a beer to a 16-year old because he didn't bother ID'ing the kid. Do you want him to have to take a week off work (license suspended), or do you want him to go to jail for 3 months? Keep in mind the latter also requires the bartender to be out of work for months awaiting trial, while the former gets decided in about a day.

      I'd prefer he keep his job until he's found guilty or pleads guilty and then has to pay a fine.

    22. Re:To help out by bluefoxlucid · · Score: 1

      people who protest Citizen's United are employing the very tactics which they protest against... so what? If they succeed, then those tactics will no longer be legal and they'll go do something else. That's not a contradiction.

      Actually, I've spoken to a few of the more level-headed ones, and they're trying to find a balance. A lot of people don't understand what a PAC is and think it means big corporate money buying politicians.

      Also, people who want pure public funding with no contributions have never suggested a system which would leave it up to some elite who gets to run.

      Actually, a few have suggested we need a way to limit how many people can run, and some have referenced other systems where a party gets funding (not a candidate). The signature plan has been called a disaster by some of the reformists, as well: we've implemented it in some states, and a huge number of people ran at massive expense that nobody predicted.

      There are other ways to do it.

      Yes there are some big problems with opt-in approaches, but those are the only approaches allowed by the Citizen's United Decision

      Citizen's United v FEC isn't about candidates and donations, but about running political ads within 60 days of the election. People don't seem to realize that anyone can pretty much put whatever they want on TV, if operating independently. They talk about SuperPACs but don't talk about the fact that corporations can pretty much just spend money and pay taxes on it (PACs let you avoid taxes). Claiming opt-in approaches are the only approaches allowed by Citizen's United v FEC demonstrates a fundamental lack of understanding of the matter in discussion.

    23. Re:To help out by pots · · Score: 1

      There's just so much here... All right, from the top: "A lot of people don't understand what a PAC is and think it means big corporate money buying politicians." Okay, maybe. I don't know. I think that most people have at least heard of Sheldon Adelson or Tom Steyer, so I would guess that most people know that PACs aren't just a way for corporations to buy political influence - they're also there to increase the influence of rich individuals. That seems unimportant though, the main thing about PACs is that they only increase the influence of the wealthy. Anyone with less than ~$5,000 to donate has always been able to so by contributing directly to the campaigns, so the difference with PACs is that if you have more money you can now funnel unlimited amounts of it into those. This is the important point. If people are confused about rich corporations vs. rich individuals, I don't see that that matters. It's usually rich individuals who decide on corporate donations anyway.

      Collecting signatures in order to get on the ballot has been the norm in... every state? Virtually every state? For... I don't know the history of that. I'm going to say, "For a long time." If someone tried the same thing but with funding and got too many candidates, they set their threshold too low. Collecting signatures may not be the best system, but it is time-tested. Regardless, the point was that elites don't decide who gets to run. I will accept your admonition that I shouldn't say it has never been suggested that only elites should decide things, so I will revise my statement: "people who want pure public funding with no contributions have almost never suggested a system which would leave it up to some elite who gets to run."

      So, about Citizen's United: It is most certainly about candidates, donations, PACs, and running political ads within 60 days of an election. All of that, and more.

      Citizen's United overturned a law which limited speech in the interest of preventing corruption. The court did not say that limiting speech for this purpose was unconstitutional, only that the law went further than necessary. In the opinion of the court, preventing communication between the donor and the candidate was sufficient for preventing corruption. Thus, any further restriction of speech was struck down.

      This position has been upheld and expanded multiple times now including the case above, argued by the Institute for Justice, in which the law was opt-in and placed no limits on anyone's speech. That law was struck down anyway because, in the opinion of the court, it had a chilling effect on political donations since the law made donations less effectual.

      So indeed: Following that decision, opt-in approaches are not the only approaches allowed by Citizen's United. There are no approaches allowed by Citizen's United.

    24. Re:To help out by Anonymous Coward · · Score: 0

      1. The "vast majority" does not mean all - and those words make individual exceptions meaningless. Or, in other words, there is nothing wrong with some licensing schemes - a reasonable person would accept them as not involving unethical government. But let's not let those laws be used as cover behind which the many unethical ones can hide. Numerous studies have shown that there is no difference in quality for many areas in which licensing is required between states.
      2. "Let's pretend we do it your way and the US accepts every medical license from every country." - I never suggested we do this. There are many options here. Probably the simplest would be to have a serious of tests. The first would be automatically scored, and would be a gateway to the others, which would be checked by humans. Every doctor would have to take the first test before any other exams could be taken. The other tests would check deeper knowledge. The examiners scoring the tests would not know the candidates identity or background. Nobody would need to go to a US medical school - and everybody would be on the same playing field. Only after passing a battery of tests would any form of in-person evaluation happen - and even then we could make it against the rules to inquire about the candidates background (don't ask, don't tell, or the test immediately becomes invalid as a matter of ethics).
      3. "These economists are idiots. Around 50% of lawyers stop practicing law because the massive over-supply of lawyers means they can't make any money."
      You might want to look at the studies, instead of simply dismissing them. Science is about measurement, not wild speculation. The supply of practising lawyers is too high for the GDP of the USA, relative to the money they make, compared to other developed nations. The measurement difference between actual pay and expected pay has to be accounted for in some way.
      Another point you might want to consider: the Washington Post has reported that 75% of people with degrees in science and engineering do not pursue careers in their respective fields. We can't conclude from this that we have too many scientists and engineers. People can choose to work in subjects different from their degrees for many reasons. If anything, having half the people with law degrees stay in law is an unusually high percentage.
      4. "I see someone is suddenly against the 10th amendment. See, licensing laws are state laws. There are virtually no federal ones. Shouldn't the states get to decide to go with strict licensing or loose/no licensing? "
      Not at all against the 10th Amendment - but the right to ethical government arises under the 9th Amendment, as an universal and inalienable right, and as such supersedes the 10th Amendment when the two come into conflict. James Madison fully intended the Bill of Rights to apply to the state governments as well as the federal - we know this from his original text - and it also follows from the fact that some amendments are limited only to Congress while others are not. The door of application to the states, in short, was left wide open.

      Hence, it follows that the states can only engage in licensing laws to the extent that they are otherwise compatible with any rights the people choose to assert as being "retained by them", including the right to ethical government, and the right to ethical practice of law. This means the burden of proof is on the states to show that the laws are consistent with the public good.

      If the Bill of Rights couldn't be applied to the state governments as well as the federal, then the federal government could simply bypass it by making deals with the states. Only if the Bill of Rights supersedes the authority of both can true individual rights be possible. Further, there can be no rights retained by a people if government at any level can infringe such rights - a contradiction. See Euclid, proof by contradiction.

    25. Re:To help out by bluefoxlucid · · Score: 1

      I think that most people have at least heard of Sheldon Adelson or Tom Steyer, so I would guess that most people know that PACs aren't just a way for corporations to buy political influence - they're also there to increase the influence of rich individuals

      There's also increases to the voice of folks who think women need equitable access to reproductive healthcare; people with concerns about environmental policy; folks who want to protect social security and medicare (and not just one); people who want our criminal justice system fixed so it actually helps people and reduces crime; various efforts to drug policy; and so forth.

      That seems unimportant though, the main thing about PACs is that they only increase the influence of the wealthy.

      They increase the influence of small donors, but we call those PACs "special interest groups" and pretty much bitch about femenists, wage workers, gay marriage advocates, abortionists, and people who think we treat felons pretty shitty as having too much of a voice in government.

      Anyone with less than ~$5,000 to donate has always been able to so by contributing directly to the campaigns, so the difference with PACs is that if you have more money you can now funnel unlimited amounts of it into those.

      Actually, a PAC can only donate $5,000 per election to a campaign.

      Collecting signatures in order to get on the ballot has been the norm in... every state? Virtually every state?

      I paid $100 and got on the ballot. No signatures.

      If someone tried the same thing but with funding and got too many candidates, they set their threshold too low.

      Gotta keep the rabble out by making sure they have to have a team behind them to get their voice heard. Well-connected rich folks only please, someone who can get 20,000 signatures.

      Citizen's United overturned a law which limited speech in the interest of preventing corruption.

      That's all it did. It's not legal to donate a shitton of money to a candidate--Citizen's United didn't change that.

      The law says it's not legal to run broadcast advertisements to influence an election within 60 days of the election unless you're a direct affiliate of the Candidate, basically. That means if NARAL decides within 2 weeks of Jeff Sessions's primary to run a ton of ads in Alabama talking about his endorsement of personhood-at-conception and felony murder charges for abortion, they can only legally do so because of the Citizen's United decision. Whether that's a power you want anyone to have is up for debate; but that's the scope of Citizen's United v. FEC.

      Without Citizen's United v. FEC, NARAL--whose funding comes from both charities and individuals and who represent the will of a large number of regular people with little enough voice that we don't have to care about any of them (especially the poor rabble)--can still run such ads and make powerful indictments against the character of Jeff Sessions (or anyone else) up to 60 days before an election.

      This also applies to SuperPACs--PACs not affiliated with candidates and not restricted to spending (this was a thing before Citizen's United v. FEC)--and to individuals. Corporations and individuals actually can m

    26. Re:To help out by pots · · Score: 1

      All right, I realize you probably put some effort into your response so I don't want to just leave you hanging but... I'm not going to do this. This style of argument is unreadable and ridiculously time consuming.

      I understand the temptation to quote a line that someone said, and then make an argument against that, and then go to the next line, etc. It feels thorough, like you're considering and addressing each point, but it kinda misses the forest for the trees. I only really said three things in my post above, and two of those were pretty unimportant.

      I have a personal rule that I won't do the quote-and-respond thing more than once in any response that I write. It's not a hard and fast rule, but I think it's a good guideline that I set for myself. The line-by-line thing takes too long and it turns an argument into a battle of nitpicking.

      Anyway, I wanted to tell you why I'm not responding so you don't feel like you've been ignored. That would be unnecessarily rude. I'm not ignoring you, I'm just not willing to do this.

    27. Re:To help out by bluefoxlucid · · Score: 1

      I only really said three things in my post above, and two of those were pretty unimportant.

      You repeated a lot of things in different ways and I deconstructed the arguments, yeah.

      You see the point, though: the whole political action committee thing is a structure that brings together people with interests. It gets abused, but we don't burn the whole system down and tell people they're all on their own and good luck when the super-rich are also all on their own.

      I'm just not willing to do this

      I've gone down the rabbit hole a few times. It ends in one of three ways: you start refining points to converge to a clearer understanding; you start bloating up posts bigger and bigger; or you keep repeating the same arguments at each other with no change. How much of this you can take really depends on staying power, and I fundamentally don't wear down, so the only real reason to stick around is if you think you're going to get the first outcome.

      House of Representatives banned the filibuster. They must have met someone like me once.

    28. Re:To help out by pots · · Score: 1

      Okay, well this concept of a PAC is a discussion that I can work with anyway. It's not wrong, PACs certainly are a way to bring people of similar interests together, it's just that this is their least important quality. Let's be clear though, we're not talking about regular PACs, we're talking about super PACs. Regular PACs have been around for seventy years have nothing to do with the Institute for Justice or their suit, and nothing to do with Citizen's United or the resulting changes in campaign finance. Regular PACs are still around, it's just that they're limited to accepting $5,000 from any individual donor so nobody cares about them anymore. You could perhaps make the argument that regular PACs have some role in bringing people together, but... they're still mostly about money. And anyway, they just don't matter.

      So I just wanted to clarify that: at no point in this conversation have I been talking about regular PACs.

      Does that change the argument at all? Super PACs are one of the results of Citizen's United and exist solely to increase the influence of people and corporations with more than $5,000 to donate. So the Mayday PAC, for example, is a super PAC which exists to undo Citizen's United and thus eliminate itself.

    29. Re:To help out by bluefoxlucid · · Score: 1

      we're not talking about regular PACs, we're talking about super PACs

      Does that change the argument at all?

      That's a whole lot different. Communications issues.

      Super PACs are one of the results of Citizen's United and exist solely to increase the influence of people and corporations with more than $5,000 to donate.

      Interestingly, SuperPACs can collect unlimited contributions from a single individual. The discussion becomes a lot more sane when we get away from "only individuals should be allowed to do whatever it is PACs do" to "limiting the contributions allowed from an individual donor to a tax-exempt organization engaged in electioneering".

      The common lay discussion--where people cry about PACs in general and demand only small-donors to candidates--is both unstructured and terrifying, because it implies both that nobody should be allowed to speak about anything politics-related except candidates and that the only thing PACs do is donate enormous sums to candidates. It's a normal outcome when people don't know what's going on with something that's complex but obviously broken; the whole elections communication and contributions thing is complex, and I'm not an expert either.

      Once we get back on track, things get more-sane; they also get more-difficult. You have to ask: what does a SuperPAC actually do? An individual or corporation (both of which can contribute unlimited to SuperPACs) can't deduct the contribution off their taxes, so there's no tax advantage. It's also not illegal to just spend a ton of money on your own (McCain-Feingold made it illegal for Corporations to do so, but not for individuals). You can pool money without paying taxes as it changes hands, but nobody really incurs a $1,000,000 expense: a lot of independent movement among rich folks would work just as well, while the rest of us really need to pool our resources.

      The largest problem with Citizen's United v. FEC is the majority opinion actually makes sense, and the dissenting opinions are a huge pile of everyone understanding there is a problem but nobody knowing precisely how to address it. In other words: changing this is hard because we're not rightly sure to what we should change it.

      As to the cry of a Constitutional Amendment, the best you might get is to extend the First Amendment "...except as to restrict the direct pursuit of influencing government actions and the public opinion thereof from those associations of individuals organized for purposes of commerce, wherein Congress shall enable the establishment of well-regulated and effective associations of the People organized for such purposes of the influence over government actions and the public opinion thereof."

      This might work, maybe; it's still dangerous. The language attempts to say "if you're organized for commerce (business), we can prevent you from lobbying", while also providing the Supreme Court a weapon to invalidate any Congressional law which restricts the effective organization of individuals as such: if they block Corporations and don't allow PACs with donation limits high enough for small donors to actually have a voice, then only millionaires can have a voice--and the Supreme Court can claim the donation limits are too low and thus declare the law as-written unconstitutional; whereas if the limits are like $2,000, such an argument is weaker.

      I'm not sure about putting in a provision to limit expenditure by individual. There are arguments for and against, and that's another step which creates additional risks--what I've suggested already could have unintended consequences, and I've attempted to limit those. At this point, however, you've helped me refactor and reframe this discussion into something I can approach more-directly.

      I think we can get rid of the name "SuperPAC", but not the fact of rich people using their money as influence--we can try, but not sure we can succeed in full without damaging ourselves. What's your take, then?

    30. Re:To help out by pots · · Score: 1

      The common lay discussion--where people cry about PACs in general and demand only small-donors to candidates--is both unstructured and terrifying, because it implies both that nobody should be allowed to speak about anything politics-related except candidates and that the only thing PACs do is donate enormous sums to candidates.

      I'm not sure that it implies what you're suggesting. First of all, I don't think they're talking about PACs in general. I'm probably projecting, but I think that just as I was talking about super PACs, they are also talking about super PACs. I imagine this to be true even if they don't know the difference between the two; I make this assumption because regular PACs just don't matter anymore and they're not widely discussed. As you said earlier, "A lot of people don't understand what a PAC is and think it means big corporate money buying politicians." That's a super PAC.

      Also, eliminating PACs doesn't mean prohibiting speech or advocacy by non-candidates, even if we're limiting our definition of "speech" to "spending money." If we look at how McCain-Feingold did it, it did not prohibit all political advertisements in the sixty days prior to an election, it only prohibited those which clearly identified a candidate. Meaning that, if we wished to follow that model, we could in principle have organizations which limited themselves to promoting ideals (these are not PACs), and candidates who competed over who would be best at implementing those ideals. This is no different from the competitive system that we follow in our courts: the two sides make their case and then a decision is made based on their arguments, and not on whatever the audience is yelling.

      Or, you know, it could instead imply that people just don't believe political spending should qualify as speech. That's another possibility. I don't find that so terrifying, but it does leave open the question of what, exactly, speech is.

      You touch on this, where you criticize the dissenting opinion to the Citizen's United decision. I haven't read it, maybe I should, but where you say that it's everyone recognizing a problem but no one offering a solution - this question of what speech is, without providing a specific answer, is what I'm imagining you're talking about. When faced with a tough question like this I find that it usually helps to reframe it: Instead of asking what speech is, we can ask what speech isn't. In other words I can say confidently that while I don't know every way in which political speech can be expressed, I do know that spending money isn't (or shouldn't be) a part of it. I think this for the same reason that I I'm against giving rich people more votes than other people - it is contrary to the democratic principle and, more importantly, it is ultimately destabilizing.

      I will anticipate a couple possible criticisms that you may have of this approach: "What about TV personalities?" you might ask. "They have more speech than other people, should we limit them as well? Or news anchors? Now we're not just talking about speech, we're also talking about freedom of the press."

      To which I respond: "Laws are never as complete as we'd like them to be, it's enough to address this issue to say that money is not speech. This means that we have more to deal with in the future, that the definition of speech is not and never will be fully settled, but even if we don't fully achieve an ideal in a single step we can recognize when a change represents a move in the right direction. We can recognize that the Citizen's United decision has had a detrimental impact, and act to reverse it, without necessitating any discussion of ideals."

      I don't know much about the amendment proposals. I've seen a few, and didn't recognize any big problems with any of them, and that's all. I have nothing to contribute there.

    31. Re:To help out by bluefoxlucid · · Score: 1

      I think that just as I was talking about super PACs, they are also talking about super PACs

      There's an often-repeated list about limiting the corrupting influence of corporations, billionaires, unions, and special interests. That last category is stuff like NARAL and environmentalist groups, although mainly people mean to indicate the NRA and such.

      If we look at how McCain-Feingold did it, it did not prohibit all political advertisements in the sixty days prior to an election, it only prohibited those which clearly identified a candidate

      Lobbying is 501(c)(4); political stuff is 527. A 527 organization can talk about candidates, while a 501(c)(4) can talk about issues. If you want to do both, you have to create a separate segregated fund for your 527 activities and get donors to contribute for that fund; if you transfer from your 501(c)(4) bank account to your 527 account, you pay taxes on that money. Also, for the 527 to raise funds, it needs to transfer money from your 527 account to your 501(c)(4) account at the fair market price of list rental of your 501(c)(4) donor list, or else find its own donors without referencing the list.

      As you say: these are not PACs. 527 is PAC; 501(c)(4) is lobbyist. As a candidate for office, I've considered organizing a 501(c)(4) with a 527, called a "Leadership PAC", mainly as a fall-back so I can quit my job and become politically-active if I lose. I learned some shit that made me rather unhappy in the process.

      By the by: the IRS requires you to file form 8976 to inform them you intend to file form 1024-A to organize as a 501(c)(4). If you file form 1024-A, they'll process it; but that doesn't satisfy the requirement to also file form 8976 informing them of your intent to file form 1024-A. Are we in a sitcom?

      this question of what speech is, without providing a specific answer, is what I'm imagining you're talking about.

      It's more-complex than that. Arguments over unions center around things like free association as speech. The courts talk a lot about compelling government interests, equal protection, and other such things when discussing election and campaign finance law.

      while I don't know every way in which political speech can be expressed, I do know that spending money isn't (or shouldn't be) a part of it

      Well, you can spend hours and hours knocking doors and reach a few thousand people in a few months. You could also pay people to do that for you. You can pay radio and TV broadcasters to use their infrastructure (labor) to send a message.

      Imagine if you had to campaign across a large Congressional district. It's 40 miles wide. A rich guy can buy gasoline; you can't afford a bus ticket. By spending money on gasoline and car insurance, he's expanded the reach of his speech and can effectively compete against you. This is both why spending money is speech and why we need controls on the spending of money.

      The courts have argued that it's not in the government's interest to equalize competitiveness between candidates, and also that the government can't put limits on campaign spending because this would not be equal protection and would need to reflect each candidate's situation to be valid. These are actually conflicting arguments; if the second wasn't used to justify why the government can't make campaign spending limits, but only as a note of why it doesn't achieve the stated goal, then they wouldn't be in conflict.

      When you sit down and think about it, the courts have ruled that giving people money is a violation of the first amendment.

      To be honest, I think the courts are flat wrong: it's the government's primary interest to represent the people, and elections are the key to that representation. On the other hand, I can work with this. They gave me enough to attack, so I'll rig up circumventions for all of these arguments.

      Laws are never as complete as we'd like them to be

      This will be even more true when Ruth Bader Ginsburg dies.

  6. Not all is bad, but in general by Anonymous Coward · · Score: 1

    Licensing is reasonable when the risk of harm from the incompetent is unacceptable and the licensing requirements are kept to the minimum required to protect from incompetency. For example, the ABA allows damn near anyone who can pass the bar exam to practice as a lawyer, and have tacitly or deliberately allowed an oversupply of parasitic thieves, which has allowed their salary to float with demand.

    On the other hand, the Realtor boards don't require competency to become a realtor, and there are several incompetent realtors. They do, however, artificially limit the number of brokers in order to keep their individual pockets well padded. This is not good for the customers. Everyone who's bought a house has had several thousands of dollars of entrance fee charged by a broker, who's only value added to the system is resetting passwords to the MLS database.

    Aircraft pilots? The FAA has kept fairly reasonable standards for licensing non-commercial pilots. the level of training required has crept up about 20% to pass the test, though the paper requirements have remained the same for the last 40 years, and accident rates have gone down commersurately. However, tripling the required experience to be an airline pilot has done nothing positive for safety, but has run up salaries hugely and caused the airlines to lower hiring standards inside the pool of ATP pilots. My decade of inexperience flying airplanes that are now obsolete leaves me "qualified" to fly when younger guys who have recent experience and a checkride in the exact same airplane aren't "qualified". You're paying for that every time you fly.

    1. Re:Not all is bad, but in general by Actually,+I+do+RTFA · · Score: 1

      the ABA allows damn near anyone who can pass the bar exam to practice as a lawyer

      While true, IIRC, you have to have gone to law school for three years to be allowed to take the bar exam. If there are states that don't require that, I'd like to know. I figure it's the kind of thing one can pass after self-study.

      --
      Your ad here. Ask me how!
    2. Re:Not all is bad, but in general by Anonymous Coward · · Score: 0

      Washington state does not require a person to attend law school as long as they pass the bar exam. There may be other states, but I do know that last time I checked anybody that could study and pass the bar would be allowed to practice law.

      The catch of sorts is that without attending law school it can be expensive and difficult to get access to the necessary law library to do the necessary research and there aren't a lot of resources published to help people pass the bar without attending law school

    3. Re:Not all is bad, but in general by Anonymous Coward · · Score: 0

      In California, you can take the bar exam without law school if you have apprenticed with a Judge and he/she signs off on it

    4. Re:Not all is bad, but in general by Actually,+I+do+RTFA · · Score: 1

      Washington State requires that you intern with a lawyer for 4 years in order to take the bar exam.

      As for the law library, that's actually really easy. Most law schools have public access to their law library (to read volumes within the library, not check out books). It may be constrained to regular business hours, etc.

      --
      Your ad here. Ask me how!
    5. Re:Not all is bad, but in general by Cinnamon+Beige · · Score: 1

      the ABA allows damn near anyone who can pass the bar exam to practice as a lawyer

      While true, IIRC, you have to have gone to law school for three years to be allowed to take the bar exam. If there are states that don't require that, I'd like to know. I figure it's the kind of thing one can pass after self-study.

      It's not the kind of thing one can pass after self-study. I actually do know people who've either passed the bar or are in the various stages of getting to pass it. I would however agree that the law school requirement is a bit much, especially since for some fields of law an internship or apprenticeship is vastly more likely to properly prepare you to practice that type of law, but...nobody's likely to manage to pass the bar without that level of education, formal or informally gotten.

      It's also significantly easier to get admitted to other bars once you've passed one--you don't have to do another three-year stint every time you move between states. You may need to take a semester or two depending on how different the two states' laws are to have a good chance of passing the bar there, but that's relatively trivial--especially compared to what's involved in fields with distinctly less variation between states in what's necessary to actually do them, that do require you redo significant amounts of your training no matter what.

      If, however, you manage to get disbarred, you're not very likely to manage to get admitted to the bar somewhere else afterwards, regardless of if you pass the bar exam. This is another place where it differs from realtors--there doesn't seem to be very much effort to ensure a bad one doesn't just relocate.

    6. Re:Not all is bad, but in general by jeff4747 · · Score: 1

      They do, however, artificially limit the number of brokers in order to keep their individual pockets well padded

      The broker is the one legally responsible when the incompetent Realtor screws up. That's why the licensing requirement is higher.

      However, tripling the required experience to be an airline pilot has done nothing positive for safety, but has run up salaries hugely

      Um.....airline pilots at "commuter" airlines make about $30k/year. Salaries at the non-commuter airlines are higher than that, but that's mostly because of unions. It is not a six-figure job, and it has not increased "hugely", Mr. Trump.

  7. Decentralization solves all by Anonymous Coward · · Score: 0

    The stated purpose of the license is to attest to a standard. We see that elsewhere. Any organization can publish a standard. Businesses try to meet the standard that is best for their business model, consumers look for the standard that suits their needs the best. Healthy competition in all markets would allow many different standards to coincide. Government should only get involved to set a bare minimum standard, to put a bottom to the market. It should be clear that this is a bare minimum, and their should be social stigma with a provider who tries to get away with only providing the bare minimum quality.

    1. Re: Decentralization solves all by Anonymous Coward · · Score: 0

      Tell me, what harm can an astrologer do?
      Licence required in the city of Atlanta,and, I think, Las Vegas.

      I did not take the licence, because the type of astrology i use provides the wrong answers for licence exam.

    2. Re: Decentralization solves all by bugs2squash · · Score: 1

      if you're an astrologer can't you foretell what harm will come ?

      --
      Nullius in verba
  8. Re:Milton Friedman is shite by Hognoxious · · Score: 0, Troll

    Maybe there should be licensing for posting on teh interwebs. The test could involve basic literacy, like knowing the difference between prospective and perspective.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  9. Planet Money by thecombatwombat · · Score: 1

    There's an excellent Planet Money episode about this:

    https://www.npr.org/sections/m...

  10. Family Doc by Anonymous Coward · · Score: 1, Insightful

    I know a family doc who is the first one to admit that he is overqualified to do most of what he does - a nurse practitioner is more than capable to do most of what he does. He does some light surgery - wart and lipoma removal in addition to his practice. He's board with most of what he does. He likes family medicine is the answer he gave when asked why he didn't become a specialist.

    But the physicians in this state of Georgia have lobbied heavily to keep NPs from doing the stuff that's boring to MDs without MD supervision all because of revenue.

    And I know an NP who has had a doc wrongfully give her the wrong feedback about some drug dosages - so they need to spare the nonsense about patient safety.

    AND many patients prefer NPs over docs for basic care.

    So, get this:

    Restricting NPs does nothing for patient care or safety.
    Adds costs for no reason.

    And as more docs go concierge, there are less for us little people - AND they restricted our access to affordable healthcare to preserve their ultra high incomes. Spare me the "they have all these student loans!" Uh, a year out of residency my buddy calls up the loan company, "How much to pay it off?"
    "$194,000"
    "OK. Check is on its way."

    He wasn't stupid and didn't buy a Porsche, a big McMansion in a gated community and marry some hot chick who flunked out of beauty school who wanted to marry a doctor and spend $$$$ at Bloomingdales

    Our medical system in the USA is the worst in the industrialized World.

    1. Re:Family Doc by Anonymous Coward · · Score: 0

      Uh, a year out of residency my buddy calls up the loan company, "How much to pay it off?"
      "$194,000"
      "OK. Check is on its way."

      Bullshit. Unless maybe he's a spine surgeon.

    2. Re:Family Doc by Anonymous Coward · · Score: 0

      This happened to me two years ago. Went to the doctor's office but the doctor was busy so NP saw me. Saw my 147/90 blood pressure and prescribed me adderall. Luckily my pharmacist caught the error and called back the doctor's office. Turns out the NP should've prescribed Inderall (propranolol) but erroneously prescribed Adderall. I didn't know one from other until that day. Thanks but no thanks, I'll take someone who has gone through four years of medical school and another 3 years of residency. You get what you pay for.

    3. Re: Family Doc by Anonymous Coward · · Score: 0

      Are you aware that the requirements to be a nurse practitioner arenâ(TM)t all that much lower? Typically one has to become an RN and practice for a year, then depending on the state has to gain either a masters degree or a doctorate degree in nursing practice which requires significant amount of 1:1 clinical work (like residency) and finally passage of a competency test like the bar.

      I have known very competent physicians and very competent nurse practitioners, I have also known very incompetent physicians and very incompetent nurse practitioners.

      Come to think of it, I canâ(TM)t think of a single profession where I have met multiple practitioners who were uniformly capable...kind of part of the human condition.

    4. Re: Family Doc by shilly · · Score: 1

      The content requirements for a medical degree are *much* more rigorous than for a nursing degree. The academic requirements are also much more rigorous. And the complete training requirements are much much more rigorous: NP residencies are not yet a requirement and typically last a year; by contrast, physician residency requirements take between three and seven years. I have a very high regard for NPs, but there's a massive gulf between what they have learned and what a doctor is required to learn. This new notion of equivalence is frankly pernicious, in my view.

    5. Re:Family Doc by Hognoxious · · Score: 1

      Makes no difference. Even if the doctor prescribed the right thing you wouldn't be able to read his handwriting.

      And it could have been worse.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    6. Re:Family Doc by bluefoxlucid · · Score: 2

      Pharmacists are important. Don't underestimate them.

    7. Re:Family Doc by eth1 · · Score: 1

      Doctors screw it up just as often.

      My sister is a pharmacist at a hospital, and given the frequency she catches potentially serious problems with things doctors prescribe (drug interactions, not reading the patients's charts re: allergies, etc.), it's quite terrifying.

    8. Re: Family Doc by david_thornley · · Score: 1

      Not that long ago, I was talking to a surgeon about possible messing around with a blood vessel near my brain. I know someone who needed major hip reconstruction after cancer surgery. I'm going to suggest that NPs are not qualified to do those things.

      On the other hand, my primary care doctor has done stuff that required some specialized knowledge, not a lot, and I think NPs can do some of what he did.

      So, I'm not considering them equivalent, but some current medical functions can be safely done by NPs.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    9. Re: Family Doc by shilly · · Score: 1

      For sure, some stuff that PCPs (and other physicians) do can be done by NPs. But don't underestimate the complexity and sophistication of the knowledge requirements for a PCP. There are four major tasks that are particularly difficult:
      - Differential diagnosis of a patient presenting with a new disease
      - Management of patients with multiple chronic diseases with co-morbidities
      - Risk segmentation of the practice list to ensure that time is spent with the patients who need it most
      - Population health management
      NPs can do bits and pieces of all of this, but I'd strongly prefer to have it done by a PCP.

      To bring this back to the original article, I would certainly want any individual whose job involves these tasks to be trained to be functionally competent, and to risk the loss of their professional standards and earning power if they fuck up. So I'd want the barrier to entry to continue to exist, even if the people doing the job began as nurses rather than GPs. And indeed there's a barrier to entry to the nursing profession too, and that also exists for good reasons of patient safety.

    10. Re: Family Doc by david_thornley · · Score: 1

      I'm well aware of my PCP's abilities, and I don't want a NP deciding my best blood pressure (my neurologist wants it higher than my PCP). However, there are cases where I go in and it's a matter of getting the right lab tests and it's straightforward from there. Some of that I could do myself if I had access to the lab and could write prescriptions.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    11. Re: Family Doc by shilly · · Score: 1

      Sure. In many countries and health systems, this kind of routine work is moved to less qualified practitioners. It's the entire basis of the concept of "practising at the top of your licence"

  11. Licensing also benefits... by pubwvj · · Score: 1

    Licensing also benefits bureaucrats and enforcement agencies as well as providing fees to boost the budgets of government.

    If you can't tax it, license it to death.

  12. This should be an easy issue- broad consensus by JoshuaZ · · Score: 1

    This should be an easy issue. Libertarian publications like Reason https://reason.com/archives/2018/01/19/barber-cops-bust-high-school-dropouts, and center-left publications like The Atlantic https://www.theatlantic.com/politics/archive/2017/08/trump-obama-occupational-licensing/536619/ agree that this is a problem. Heck as The Atlantic article points out, this is even an issue where Donald Trump and Obama seem to agree. Unfortunately, as long as lobbying can occur by licensing groups and professional association at state capitals, they'll do an effective job of protecting themselves from the sort of serious reform that is needed.

  13. million dollar lawyer by Anonymous Coward · · Score: 0

    The rich bribe the communist governments to pass laws making it too expensive for the poor to raise capital to compete with the rich. The irony is that the poor elect the communists who claim that these laws will make it more expensive for the rich to get richer. The poor aren't poor they're stupid.

  14. Certification by Anonymous Coward · · Score: 0

    ... fewer than 60 are regulated ...

    In many cases, a license is a form of certification, like CCNA or MCSE. This just makes the government responsible for setting the level of compulsory certification instead of an industry body. Some certifications, such as in child care, don't certify a base level of knowledge, only that someone hasn't been caught yet.

    1. Re:Certification by Cinnamon+Beige · · Score: 1

      ... fewer than 60 are regulated ...

      In many cases, a license is a form of certification, like CCNA or MCSE. This just makes the government responsible for setting the level of compulsory certification instead of an industry body. Some certifications, such as in child care, don't certify a base level of knowledge, only that someone hasn't been caught yet.

      The former need to be relatively even across state lines--outside of fields where there are significant differences between doing the job in, say, California and Florida? Getting a license to do that job in additional states should be overall very trivial.

      The latter, where the license doesn't really indicate anything more than 'not been caught (yet),' the license should be incredibly trivial to obtain the first time as well. At most, it should merely require you prove that you've managed to reach a minimum age and are lacking any health conditions that would significantly interfere with you doing the job, such as 'being dead.'

  15. Merit is what keeps everything good working by AHuxley · · Score: 5, Insightful

    That engineer has to be able to prove their bridge will work over time for the use it was designed for, in the conditions it was built.
    Giving away the word "engineer" to someone with no skills for "equality" reasons will not result in a bridge that works long term.
    Nations need to have confidence in the bridges they use.
    Need medical care? the doctor, any doctor in any hospital should have passed that nations medical exams and be under constant review and have their results look at.
    A medical system needs to have confidence that any on duty doctor can do what they got a job for.
    A rescue helicopter to get people to hospital that can fly day and night needs the crew to actually be able to fly in day and night conditions.
    A person working on a production like and its electoral system needs to be able to show they have the skills to work on that system.
    That "licence" tells the factory owner, the insurance company and all other workers the work done is to a nations standards and was correct and safe.
    That any further work can build on existing quality work.
    The electrical, water, gas networks have to be designed and installed to some standard so all surrounding homes are safe to some standard for many years.

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Merit is what keeps everything good working by Anonymous Coward · · Score: 0

      A hundred years ago, an engineer was a guy who drove a train. And for the most part, bridges still stayed up.

    2. Re:Merit is what keeps everything good working by physicsphairy · · Score: 1

      The cases you list are precisely those where government dictated licensing is unnecessary, and the reason it is unnecessary is for exactly the reasons you have invoked -- the need for qualified individuals in those positions is crucial and self-evident. You might as well pass a law that no one can be hired to be CEO of a multibillion dollar company without an MBA. Quite obviously, no multibillion dollar company is going to hire an unqualified person for that position and is more than capable of doing the necessary vetting. Most CEOs probably do have MBAs. Those that don't will be proven in other ways. A one-size-fits-all law would simply be needlessly discriminatory of the latter and limit the pool of qualified talent.

      Where licensing actually is necessary is where the consumer is directly exposed to risks they may not be qualified to investigate. E.g., a large hospital might vet its own staff, but if a private person is able to open up their own medical clinic, there would be frauds and the people walking in the door would likely not all have the ability to discern the difference.

      That said, something looser than present setup might, for instance, not block thousands of qualified doctors from practicing (reducing wait times and medical costs). So it might be worth looking at letting different professional organizations, hospitals/health care providers, counties, etc. have some ability to decide what they would consider satisfactory in hiring qualified providers of care. Stating the status quo is problematic does not require swinging fully to the opposite extreme of no licensing at all.

    3. Re:Merit is what keeps everything good working by Trogre · · Score: 1

      No they didn't. Many died.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    4. Re:Merit is what keeps everything good working by nnull · · Score: 0

      "That "licence" tells the factory owner, the insurance company and all other workers the work done is to a nations standards and was correct and safe."

      But it does no such thing. The license just gives the illusion that all of the above is done. But I can tell you with my experience with the contractors and engineers I've hired, all licensed by the way, have a total lack of understanding of standards and common sense. I've hired engineers who have designed my electrical system to be completely ungrounded, no disconnects in line of sight, no coordination studies, etc, then argued with me because they didn't want to pay up for their fuck up. Contractors who try to cheat me with change orders and using aluminum wire when copper is called out. I've also hired structural engineers who have done the crappiest seismic studies I have ever seen, two of them professors at UCLA and USC mind you (You'd think they'd know their stuff). If I wasn't an engineer myself, I wouldn't have called them out on it. Responsibility? Hah!

      The whole licensing system has turned into one big joke where contractors hire engineers who never step foot onto the project, pay them some x amount, have them stamp the contractors drawings, and hope the project goes ok. It has become a whole system of cutting corners. If it doesn't go ok, they just close shop, get a new license, start over doing the same crap. There are now so many of these companies, that they've literally flooded the market with it like spam email. Finding genuine contractors or engineers now has become a serious chore.

      City inspectors are no better as they've allowed this crap to slide on through. Now cities can't even do plan checking anymore, it has to go through a third party. So your plan check is now being done by a 19 year old highschool drop out (Yeah, they're gonna catch all this stuff!). Insurance companies have also become complicit and completely useless as our last line of defense from this stuff (Can my insurance company stop asking me to do IR Thermal scans on powered down equipment? Bunch of idiots).

      Quite frankly, the license nowadays guarantees absolutely nothing with our corrupt system.

    5. Re:Merit is what keeps everything good working by DNS-and-BIND · · Score: 1

      Quite obviously, no multibillion dollar company is going to hire an unqualified person for that position

      BAHAHAHAHAHAHA OMG YOU SAID THAT WITH A STRAIGHT FACE (deep breath) BAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

      The frightening part is, judging from your username, you're an educated person and yet you somehow still stumbled on this pollyanna belief. Allow me to inform you that you are 100% mistaken. Honestly America would be a better place with a licensing test for CEOs. Not an MBA. One that includes a field trip to federal prisons where they have meetings with convicted CEOs.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    6. Re: Merit is what keeps everything good working by Anonymous Coward · · Score: 0

      Well, I've flown rescue helicopters, and the FAA certificate is pretty much irrelevant. The insurance companies own the employability requirements. On the other hand, the FAA's 1500 hour Colgan rule has dried up the availability of airline pilots with no improvement in safety.

    7. Re:Merit is what keeps everything good working by ElizabethGreene · · Score: 1

      In Tennessee the cosmetology license required to legally wash hair in a salon requires 300 hours of formal education. To be able to perform manicures requires 600 hours and a full cosmetology license requires 1500 hours of schooling.

      I am skeptical that this level of education is truly required to do this job competently.

  16. Re: Milton Friedman is shite by Anonymous Coward · · Score: 1

    Yes, a typo. Perspective. I'm glad you managed to eek out the meaning of the comment.

  17. Blame the guilds by quonset · · Score: 5, Insightful

    What guilds you ask? Way back when, anyone could claim to be a bread maker, or tanner, or brewer. At some point, due to various reasons, those who took pride in their work and felt their standard of excellence should be met by the shyster down the stall banded together and formed guilds.

    Those guilds set minimum standards for quality such as no sawdust in bread or beer which wasn't watered down or had spices thrown in to cover up bad tastes or bad alcohol.

    Fast forward to today and for somewhat similar reasons, professions want people to meet minimum standards of service. For example, the person who colors your hair should have some basic knowledge of how not to burn your skin or turn your hair into straw when applying the mixed chemicals.

    Now I know what many of you are going to say. "I'm a programmer and I've never been involved in a guild or union or anything like them. Employers simply hire me."

    Oh really? Those employers never asked what your qualifications were? Never asked how many years experience you had in python or Rust or whatever language they're looking for? They never asked to see examples of your work? Never quizzed you on your knowledge?

    What they did is no different than what people being licensed go through. You have to meet some minimum standard set by the employer in the same manner someone has to meet the minimum standard to be a cosmetologist, an attorney or doctor.

    To those who say, "Free markets!", what happens when your scalp is burned getting your hair colored? What if the person, somehow, gets the wash in your eyes and causes damage? Your response is most likely to get an attorney to sue them for damages. Question: how do you know that attorney is qualified to handle your case?

    1. Re:Blame the guilds by Anonymous Coward · · Score: 0

      >Those employers never asked what your qualifications were? Never asked how many years experience you had in python or Rust or whatever language they're looking for? They never asked to see examples of your work? Never quizzed you on your knowledge?
      Mine didn't, not a single vetting quiz. But I had someone vouch for me. I proved myself in the first few days anyway.

    2. Re:Blame the guilds by _Sharp'r_ · · Score: 1

      those who took pride in their work and felt their standard of excellence should be met by the shyster down the stall banded together and formed guilds.

      Or more likely, those who wanted to keep too many people from competing with the established purveyors of whatever decided the existing providers should conspire together in a guild to only allow their friends and relatives to do work X. They came up with some quality standards based around "An existing master provider has to certify you're good enough after you pay him to train you for a few years" to keep their competitive restrictions going.

      For example, the person who colors your hair should have some basic knowledge of how not to burn your skin or turn your hair into straw when applying the mixed chemicals.

      Yeah, that's the excuse the cosmetology board is giving the AZ legislature as to why hair stylists need to have 1,000 hours of education, more than EMTs need in the state. Oh, and they are fighting just making so that someone can wash hair without that same license. How long do you think it takes to train the average person to wash someone's hair properly, 30 minutes? An hour? Not 1,0000 hours and an expensive license. It's ridiculous!

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    3. Re:Blame the guilds by jeff4747 · · Score: 1

      You're forgetting another major reason for licensing: It gives the government a non-criminal way to deal with an incompetent and/or dangerous practitioner.

      A license can be suspended or revoked administratively. It's relatively quick and easy to do. A criminal trial takes months, is expensive, and results in that practitioner going to jail instead of just being forbidden to practice something they are bad at.

      And if the practitioner feels their license was suspended/revoked unfairly, they still have the legal system to challenge the administrative action.

    4. Re:Blame the guilds by JesseMcDonald · · Score: 1

      Those employers never asked what your qualifications were? Never asked how many years experience you had in python or Rust or whatever language they're looking for? They never asked to see examples of your work? Never quizzed you on your knowledge?

      What they did is no different than what people being licensed go through. You have to meet some minimum standard set by the employer in the same manner someone has to meet the minimum standard to be a cosmetologist, an attorney or doctor.

      Are you seriously attempting to claim that an employer screening applicants according to their own standards is at all similar to State licensing laws which say that you aren't allowed to do that kind of work even if the customer has no issue with your qualifications? The difference is obvious. In one case the paying customer evaluates your capabilities and decides whether to hire you; in the other, a third party with no standing intrudes and imposes their own qualifications in place of the customer's, depriving both customer and provider of a transaction they both deem profitable.

      You're correct in one respect: this is all very similar to the way that some guilds (not all) were granted monopolies on certain kinds of work, with the power to require that anyone wanting to perform that work join the guild, pay dues, and pass the guild's qualifications—naturally set with an eye toward restricting unwanted competition from "lower quality" craftsmen. It was wrong then and it's still wrong now.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  18. Definitely a problem with American government. by fyngyrz · · Score: 2

    People in the public sector spend the majority of their time coming up with useless ways to justify their existence.

    The thing you didn't mention explicitly is that coming up with these things is not useless to them.

    Unless a way can be found to make it so, they'll keep doing it, and their power extends strongly downward, while ours extends upwards in a very weak and diffused manner. Even that may be an illusion; the number of non-establishment legislators who are willing to reform the various agencies with regulatory power are few indeed: we can't seem to get out of the two-party imposed oligarchy at all.

    --
    I've fallen off your lawn, and I can't get up.
  19. Re: Milton Friedman is shite by Anonymous Coward · · Score: 0, Funny

    *eke

  20. Had an ex whose mom did this. by Anonymous Coward · · Score: 1

    Even more than all those chemicals was the large number of dangerous sanitation situations and the education/certification in order to avoid those.

    When I was considering culinary arts, there were similiar ones for food service professionals (ServSafe, plus at least two others.) They were ~100 dollars every 5 years and were required for at least one member of staff at all places that served 'fresh' food. Much like the cosmetology licenses above they were primarily spurred by spates of sickness in customers caused by either cutting corners, or insufficient sanitation education resulting in transmission of disease between either employees and customers, or in the case of cosmetology, customers and customers as the result of insufficient sanitizing of the tools between uses on different customers.

    There are many other industries that have licensing for similiar reasons, like the independent automotive repair industry, various aspects of the computer industy, every major blue collar industry, etc. The reason they have these is thanks to people not being responsible and either educating their employees or themselves on the necessary industry standards for work they are doing, resulting in harm to society as a whole. If we want to get rid of all these specialty certifications then we are going to need a MUCH broader general education program and change the book learning curriculum and include more hands on curriculum *BEFORE* trade schools/college to help instill a better and broader body of knowledge and common sense in regards to sanitation, chemical interactions, safety interlocks, and maintaining equipment in a manner that ensures all fasteners and seals have been properly tightened or replaced to ensure parts aren't falling off high pressure/high speed equipment where it might kill somebody.

    Since the above won't happen, we have a bunch of stupid inane certifications people need because common sense and general knowledge are not regarded as financially beneficial aspects of our society. If they were, most of these aspects WOULD be handled in on the job training by experienced professionals in that trade, and while some are, just as many seasoned professionals are incompetent in their trade and only discovered under scrutiny of their conduct or after a dangerous failure occurs, often after years of mistraining other individuals with bad habits/misinformation.

    Given all the stories in the news about bad doctors and bad lawyers getting caught, with professional certification, and imagine how much worse it will be with every job unregulated and every person telling you whatever credentials, real or fictitious, will help them get your business, without any form of oversight that could publicly pull their certification. Even now you occassionally see people sneaking through in areas where professional credentials aren't scrutinized before the 'uncertified professionals' are allowed to set up shop and begin serving the public. And while some of them do operate just fine, there are plenty more stories of the opposite occurring.

  21. Promoting inequality? by Anonymous Coward · · Score: 0

    How unfortunate that some think inequality is an unintended consequence and not the desired outcome.

  22. Merit, yes. License tests, no. by Anonymous Coward · · Score: 0

    That engineer has to be able to prove their bridge will work over time for the use it was designed for, in the conditions it was built.

    The licensed engineer passed a test to get licensed (probably.) This does not prove anything about the bridge. Only about their ability to take tests.

    Need medical care? the doctor, any doctor in any hospital should have passed that nations medical exams and be under constant review and have their results look at.

    The review, certainly. But again, passing a test means you can pass a test. It doesn't mean you provide good medical care. Review of your actual performance, however, could do so.

    A rescue helicopter to get people to hospital that can fly day and night needs the crew to actually be able to fly in day and night conditions.

    This is definitely true. But you're talking about an actual test of ability here. Not a sit-down license test as is typical for most other roles. Apples and oranges. Further, this is essentially the "review", as opposed to the test: Show us you can actually do the job's tasks, as opposed to show us you can regurgitate rote answers.

    A person working on a production like[sic] and its electoral[sic] system needs to be able to show they have the skills to work on that system.

    Licensing tests don't do that, though. They just show you can regurgitate canned answers. Actually doing the work is the only valid test of this. Ask someone if they can; if they say yes, have them show you. This is a far more useful and valid mechanism than "did you pass a license test." Same thing for "we require a degree." What you need is competence; a degree and/or a license is a poor and non-exclusive proxy, and simply stands in for incompetence in hiring and task-assignment capability.

    That "licence" tells the factory owner, the insurance company and all other workers the work done is to a nations standards and was correct and safe. That any further work can build on existing quality work.

    No. Not at all. What it actually does is move liability around. Very convenient in a litigious society like ours, certainly, but in no way any guarantor of standards, correctness, or safety.

    The electrical, water, gas networks have to be designed and installed to some standard so all surrounding homes are safe to some standard for many years.

    A relevant anecdote: When I moved in here, there was one electrical box. It had been installed by licensed electrical contractors. At considerable expense. It was a mess. For one thing, the grounding was outright wrong. For another, it was basically a bunch of tangled spaghetti. I ripped it out, and rebuilt it to a safe and sane standard. My efforts are 100% to code, and much safer; theirs were not to code and subjected some lines to far more loads than they should have. They were licensed electrical contractors. I am not.

    Bottom line: competence is something you demonstrate and leverage on the job. Testing, with the exception of the performance-related testing such as a pilot must undergo, is not. Therefore, to assure competence, you either do it on the job or you pretend that a proxy - a non-operational test - will do it for you. But it won't.

    1. Re:Merit, yes. License tests, no. by aaarrrgggh · · Score: 2

      Professional Electrical Engineer here... No, being licensed doesn't mean you are good, but it does serve to keep a very high percentage of people that are not good out. It also places responsibility and pressure on young engineers to know their shit.

      Federal-level licensing for most fields makes more sense though. Structural engineering is the obvious exception; geotechnical might be as well.

    2. Re:Merit, yes. License tests, no. by Anonymous Coward · · Score: 0

      Your anecdote is hilarious - not because I believe you, which I don't of course. You could just as easily be lying. More to the point you sound like someone who tried and failed to pass a test for licensing. That is so sad that you came here to complain.

      Maybe just try harder and not fail that test you think is so ridiculous instead of pissing on those of us who can.

      Or you could just be a junior coder - maybe that's more your line of work.

    3. Re:Merit, yes. License tests, no. by Anonymous Coward · · Score: 0

      Oh, look: an information-free ad hominem attack. Aren't you the cute little Internet troll!

    4. Re:Merit, yes. License tests, no. by Anonymous Coward · · Score: 0

      The engineering licensure setup is a good-old-boys system. The testing requirement is a joke for most disciplines. By and large, you can't become a professional engineer unless you're friends with three to five professional engineers. If you're lucky enough to work in a state that doesn't have the good-old-boy system codified in law, it's still a test of having enough money and persistence to make your way through a Kafkaesque bureacracy run by engineers who decided that making rules is more fun that actual engineering.

    5. Re:Merit, yes. License tests, no. by aaarrrgggh · · Score: 1

      No. Employers must validate experience and provide reference. It can be tricky for people that work in a one licensed engineer shop, but most people will provide a reference.

    6. Re:Merit, yes. License tests, no. by Anonymous Coward · · Score: 0

      Professional Engineer are licensed by the state, not at the federal level.

    7. Re:Merit, yes. License tests, no. by aaarrrgggh · · Score: 1

      Yes; my point is that they shouldn't be. NCEES writes the test and provides a streamlined comity process for almost all other states, at which point the value of state licensure is kind of limited. The main incentive to not change the system (as with most licenses) is the consumer protection path is cleaner at the state level.

    8. Re:Merit, yes. License tests, no. by david_thornley · · Score: 1

      The licensed engineer passed a test to get licensed (probably.) This does not prove anything about the bridge. Only about their ability to take tests.

      Frequently, designs have to be signed by a professional engineer with a license. The requirements for PE are usually enough to filter out the less competent, but the license has another use.

      Companies like to cut costs. They're often willing to accept a 1% chance that a bridge will collapse within ten years if they can save money. The PE is responsible for stopping that, at least in the design phase. If the PE didn't need a license, the company might just go out and find an unscrupulous PE. However, screwing up here can cost the PE his or her license, and that ends that career. The company can look for an unscrupulous PE, but even the slimiest PE knows that he or she needs the license to make the money.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  23. There seem to be 3 kinds of licenses out there by jonwil · · Score: 1

    There seem to be 3 kinds of licenses out there for jobs.
    There are licenses that you absolutely do want to exist (for example you most definitely should need a license to be a doctor or a lawyer or a pilot or a bus driver)

    Then there are licenses that definitely should exist but where the things that require such a license go far too overboard. A requirement that someone doing electrical work have a license is a good thing (since it ensures they know how to make things safe) but too many cases exist where a "licensed electrician" is required to do something when it shouldn't be required (e.g. those stories of people needing an electrical ticket just to plug something into a power point in a conference hall). Plenty of other examples out there where this "over-licensing" exists. (those in the hair and beauty profession for example is one often cited)

    And then there are licenses that shouldn't exist at all. Like the ridiculous idea that you should need a license to do computer repairs (a thing in some jurisdictions I believe) or that you need a license to be a tour guide or a carpenter. (also a thing in some jurisdictions)

    1. Re:There seem to be 3 kinds of licenses out there by whoever57 · · Score: 1

      Like the ridiculous idea that you should need a license to do computer repairs (a thing in some jurisdictions I believe) or that you need a license to be a tour guide or a carpenter. (also a thing in some jurisdictions)

      If you go back far enough in PC history, the first PC cases had a switch on the front that switched the incoming power (110v/220v). This required wiring the power input to the front of the case and back again. The connections of these wires at the switch were exposed. So you had the possibility of the person working on the PC electrocuting themselves, or leaving a stray wire that could touch the 110V/220V connections.

      --
      The real "Libtards" are the Libertarians!
    2. Re:There seem to be 3 kinds of licenses out there by Actually,+I+do+RTFA · · Score: 3, Insightful

      you need a license to be a tour guide or a carpenter. (also a thing in some jurisdictions)

      Areas where tourism is a big industry obviously are going to want to license tour guides. Bad tour guides can give a destination a bad reputation or lead to tourists getting ripped off or mugged. Much like a hotel wants to maintain a level of service, tourist destinations do as well. Some places also have a healthy respect for their history and want to make sure it is accurately represented.

      Carpenters frame houses. I've seen a badly framed house. I've seen a ceiling collapse due to poor carpentry. Why you think being able to build to code shouldn't require a test is beyond me.

      --
      Your ad here. Ask me how!
    3. Re:There seem to be 3 kinds of licenses out there by kenai_alpenglow · · Score: 1

      If there's exposed 110V, then there's a design defect in the chassis/power supply. Otherwise, the "danger" is not anything more than plugging in your toaster. (And yes, I've been working on computers pre-IBM PC.)

    4. Re:There seem to be 3 kinds of licenses out there by Anonymous Coward · · Score: 0

      That's just silly, most of them had the switch permanently attached and fully covered with heatshrink or insulated fastons with dumb-proof wiring schematic sticker on the PSU.
      And the real "first" PC cases had the switch integrated into the PSU and sticking out in the side to avoid such issues.

    5. Re:There seem to be 3 kinds of licenses out there by Antique+Geekmeister · · Score: 1

      >If you go back far enough in PC history, the first PC cases had a switch on the front that switched the incoming power (110v/220v).

      Actually, it did not. It required a dual-power power unit, which had a control circuit. Wiring 120 to the front panel would have required far more heavy duty internal wiring.

      I remember those days. Wiring the main power to the power supply could be done very badly by the original manufacturer, but even the cheap vendors did not want to pay for a switch that could handle 120 and 220 power directly if they were wise.

    6. Re:There seem to be 3 kinds of licenses out there by whoever57 · · Score: 1

      I didn't make myself clear. I didn't mean that it switched between 100V and 220V, but instead, it switched the incoming power on or off and the incoming power could be 110V or 220V.

      --
      The real "Libtards" are the Libertarians!
    7. Re:There seem to be 3 kinds of licenses out there by KingAlanI · · Score: 1

      too many cases exist where a "licensed electrician" is required to do something when it shouldn't be required (e.g. those stories of people needing an electrical ticket just to plug something into a power point in a conference hall).

      I've heard stuff like that cited as an absurd union contract clause, rather than a general legal requirement.

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    8. Re:There seem to be 3 kinds of licenses out there by hankwang · · Score: 1

      I think the parent poster meant that it was not common to have wiring and switches for high voltages go through the interior of a machine, because of costs of doing that safely. Safety regulations about handling high (100-240 V) voltages predate the IBM PC.

    9. Re:There seem to be 3 kinds of licenses out there by Anonymous Coward · · Score: 0

      Yes all pre ATX power supplies, Basically the stuff you would have found in classic pentiums and older brought the line voltage directly out to the power switch on the front of the case, Both the HOT and the Neutral. In most cases the PC cases usually came with a power supply pre wired to this power switch, so you didn't have to fuck with it, unless you were replacing a bad power supply.

      Also since both the hot and neutral were brought out to the power switch, if you wired this switch up wrong, you would would be presenting a dead short to the outlet as soon as you plugged the PC in. I saw this happen once in a computer repair class i took in high school in the mid 90's. Someone miswired the switch, then plugged the PC in. There was a loud bang, some smoke, and the breaker for the entire classroom was tripped.

      Back in the pre ATX days, when you had the power switch off, the PC was actually fully OFF. These days ATX power supplies have 5v standby that is always on for things like WOL and the lovely IME. The motherboard is never fully powered off, unless the PC is physically unplugged.

    10. Re:There seem to be 3 kinds of licenses out there by Anonymous Coward · · Score: 0

      ALL classic pentium and older machines brought the line voltage, both hot and neutral out of the power switch. The power switch was a double pole single throw switch, 4 wires came out of the power supply. The hot and neutral directly from the wall plug, and the hot and neutral load going into the power supply circuitry.

      http://www.pcguide.com/ref/power/sup/partsSwitch-c.html

      The only power supplies of this era that did not do this were things like the original IBM PC that had it switch on the side. The switch was in integral part of the power supply and presented though a hole in the case.

      https://www.terapeak.com/worth/vintage-ibm-5150-power-supply-110vac-63-5w-side-switching/401279473667/

    11. Re:There seem to be 3 kinds of licenses out there by Anonymous Coward · · Score: 0

      In Italy you actually need to pass an exam, normally after following a yera of tourist guide school' to call yourself a Tourist Guide and be allowed to do some things with public institution. I think this could be useful because if someone is telling that Leonardo and Michelangelo were turtles, it's no good. There's also the fact that for some professions in case of big mishaps, there's the license revocation, like when a doctor poisions to kill someone.

    12. Re:There seem to be 3 kinds of licenses out there by Cinnamon+Beige · · Score: 1

      Yes, and while there's definitely a problem if, say, the 'can pass the exam to be a licensed construction carpenter' group is not fully contained within 'can in fact do carpentry to code' group, when the overlap is distinctly lacking the problem lies with the licensing process.

    13. Re:There seem to be 3 kinds of licenses out there by coofercat · · Score: 1

      Can someone just come by and inspect the house while it's being constructed? If it's not good enough, order it to be repaired/rebuilt?

      That way, if you want, you can build your house yourself, or employ some local homeless kids or whatever to do it - so long as the end result is safe, who cares how it got built?

    14. Re:There seem to be 3 kinds of licenses out there by Anonymous Coward · · Score: 0

      Wiat, there are already laws against rape. Are you saying the city should license rapists, or that they should add laws when obviously the laws don't work.

    15. Re:There seem to be 3 kinds of licenses out there by Ellis+D.+Tripp · · Score: 1

      Exactly. That sounds more like a union work rule, and that's coming from someone WITH an electrical license....

      --
      Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    16. Re:There seem to be 3 kinds of licenses out there by whoever57 · · Score: 1

      That's very interesting, but you are 100% wrong.

      My first PC had 110V wiring from the power supply at the back to the switch at the front. This wiring was not enclosed, other than by the PC case. The connections onto the switch were exposed when the case was open.

      Remember that the case was earthed, so, when the case was closed, it was entirely safe.

      --
      The real "Libtards" are the Libertarians!
    17. Re:There seem to be 3 kinds of licenses out there by whoever57 · · Score: 1

      Obviously, I meant "exposed when the case was open". I assumed that people could comprehend this based on context.

      --
      The real "Libtards" are the Libertarians!
    18. Re:There seem to be 3 kinds of licenses out there by Anonymous Coward · · Score: 0

      In case two, I bought a dishwasher, it would cost a ridiculous amount to install it (I asked just because if it was cheap enough I'd let them do it), I asked why? They said they needed to use a licensed plumber.

    19. Re:There seem to be 3 kinds of licenses out there by Anonymous Coward · · Score: 0

      There seem to be 3 kinds of licenses out there for jobs.
      There are licenses that you absolutely do want to exist (for example you most definitely should need a license to be a doctor or a lawyer or a pilot or a bus driver),

      Government licensing is not the only option here. You could instead require that everybody in these professions (or their employers) get liability (or malpractice) insurance. The insurance companies would then be required to pay for any failures of competence. They would then in turn have an incentive to ensure reasonable standards were met as a condition of granting that insurance - probably far higher standards than currently exist. Most businesses in the USA have liability insurance anyway, since they need to protect themselves from the abusive and unethical practices that are so common in US law.

      Having government involved in the licensing opens up the field to manipulation by special interest groups: economists Brink Lindsey and Steven Teles discuss that issue in their book "The Captured Economy".

      Even supposing we do want to allow government to be involved in licensing, then we have to come up with some way to prevent the kinds of abuses that special interest groups are currently getting away with, such as the US medical profession, and the US legal profession - both of which are very guilty of rent-seeking behaviour, and hence profit from unethical conduct on the part of their profession.

    20. Re:There seem to be 3 kinds of licenses out there by jeff4747 · · Score: 1

      Can someone just come by and inspect the house while it's being constructed?

      It is not possible to inspect every single part of putting together a house to the level you describe without the inspector standing there watching every single step. For example, you have to ensure the nails are sufficient for the task they are doing.

      So instead you require the carpenter to be licensed if he is selling his services. First, it ensures the carpenter has been trained sufficiently to know when they are doing it wrong. Second, the ability to take away the license gives the carpenter sufficient incentive to do it right.

      City/County building inspectors can catch major issues (the studs are 30" on center instead of 16", the main drain line for the house is only 1" in diameter, etc). They can't catch everything.

      That way, if you want, you can build your house yourself

      You already can. At least in the US, there is no jurisdiction that requires you hire a licensed professional to work on your own house. You'll still have to get it inspected by the City or County so they can catch the major issues.

      or employ some local homeless kids or whatever to do it

      This gets a little more dicey. Some jurisdictions require that if you're getting paid for the work you have to have a license or be working for someone who does. Others allow the homeowner to act as that supervisor.

      so long as the end result is safe

      And there's the rub. I've seen tons of houses where the homeowner thought their work was safe, but it was insanely dangerous. "Let's cram a shower into this half bath. The ceiling will only be 6' tall, but that's good enough for us. Hmmm..drain line needs to go through this beam. I'm just gonna cut a notch in it.
        It's a little dark in the shower though....let's put a light in the shower ceiling. GFCI? We don't need that!"

    21. Re:There seem to be 3 kinds of licenses out there by Actually,+I+do+RTFA · · Score: 1

      Can someone just come by and inspect the house while it's being constructed? If it's not good enough, order it to be repaired/rebuilt?

      As other people have explained, you cannot sufficiently inspect it post-hoc. But, were it possible, those "local homeless kids" you hired have the financial ability to make restorations. I mean, if a $50,000 job has to be redone cause you hired the lowest cost bidder, what are the odds you'll be able to collect that $50,000 back to hire someone else?

      if you want, you can build your house yourself

      The other thing you're missing is that licensing almost never prevents someone from acting on their own behalf. You can cut out your own appendix, act as your own lawyer, or frame your own house. It's when you start entering into commerce, and other people start relying on your work, that licenses come into play.

      --
      Your ad here. Ask me how!
  24. So I checked my state's bartending licensing. by hey! · · Score: 5, Insightful

    You're required to pass a test on how to recognize fake ids, determine if someone has had too much to drink and needs to be shut off, and what your legal responsibilities and liabilities are as a server. The permit cost is $8.99, and includes a video tutorial.

    That seems pretty reasonable to me. It's not like they're testing you on whether you can mix a Martini.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:So I checked my state's bartending licensing. by Anonymous Coward · · Score: 0

      There's no need to test on the ability to make a drink, If you don't know how to do that, you'll quickly be found out when the numbers at your bar drop as word gets around that you can't make a drink for shit, and you have significantly lower sales numbers vs other bartenders of the same venue.

      Bartenders can make or break a bar, and not even for them being bad. Recent example there was a recent firing of a bar tender at a bar i used to frequent due to politics. The customer patronage of sad bar has dropped significantly, every one followed that bartender to her new job because she was so good.

      Note to bar owners, don't fuck with your bar tenders if they are doing their job and making customers happy. There are plenty of other bars out there and your customers will be gone in a poof and follow that bartender if you play that game.

    2. Re:So I checked my state's bartending licensing. by Kjella · · Score: 1

      You're required to pass a test on how to recognize fake ids, determine if someone has had too much to drink and needs to be shut off, and what your legal responsibilities and liabilities are as a server. The permit cost is $8.99, and includes a video tutorial. That seems pretty reasonable to me. It's not like they're testing you on whether you can mix a Martini.

      Sounds about right, I once had a professional license to offer financial advice, one night of quiz + essay. Didn't have anything to do with the actual quality of advice, but legal rules with regards to insider trading, disclosure of risks and so on. Even though I worked in IT some of it applied to me as well if I went poking into customer portfolios and transactions even though I didn't technically need the license. It's basically a short legal awareness class and if you flunk it then you'd probably break the law if you tried it in real life.

      --
      Live today, because you never know what tomorrow brings
  25. Think At The Margins by boulat · · Score: 1

    The reason doctors get paid a lot has nothing to do with the fact they are required to have a license. It has to do with supply and demand and an artificial Ricardian Rent that is imposed by the American Medical Association. If they stopped imposing limits on number of medical schools that can exist and number of medical students that can enroll every year, we would have more specialists and all doctors would get paid less - on par with their European counterparts.

    Nurses try to do the same by imposing ridiculous standards to become BSN and MSN/NP certified, with individual programs having very high academic requirements and standards, with some programs approaching 50% attrition rate. The effect is the same as medical school, except when you get to med school its virtually impossible to get flunked.

    When I worked as a certified EMT I can tell you there is no such union or association lobbying on my behalf, so when inter-facility transport company or a hospital wants to hire an EMT they can afford to pay as little as possible because there are plenty of people who want the job and can become certified.

    So don't believe the economist article when they think that eliminating regulation or loosening requirements will lower how much you pay - an uneducated and untrained practitioner is dangerous and will drive up insurance rates which will be always be translated to consumer paying more.

    The best possible outcome is that of an actuarial profession - anyone can get certified as long as you pass stringent exams which don't even cost that much, and you can study on your own time without any middleman (college) taking a cut.

    1. Re:Think At The Margins by Anonymous Coward · · Score: 0

      > When I worked as a certified EMT I can tell you there is no such union or association lobbying on my behalf,

      I've worked as an EMT in a a few years off from college. It was several hundred hours training as a first responder, and it was important training. CPR, first aid for things like punctured lungs, how to lkeep someone alive in that critical first hour for dangerous circulatory events like stroke, heart attack, or bleeding, even how to do child birth, which I got to do in rush hour. Mom was pretty cool, but *could not wait*.

      The "union working on behalf of your job" was the juggling act of state regulation, the medical insurance companies, and the FDA working on behalf of patients and many different people. Not so much on behalf of you, I admit, but in many ways on behalf of the *patients*. It can get really confusing, I admit. In fact, Welcome To The Real World.

  26. Re:Milton Friedman is shite by kenai_alpenglow · · Score: 1

    And the difference between "teh" and "the"...

  27. Who does the licensing? by ctilsie242 · · Score: 1

    My question is, who does the licensing? If it is a state board ensuring that a plumber knows the difference between a PVC sewer pipe and a PEX-A water inlet, that is one thing. However, if regulatory capture happens, and the licensing becomes knowing how to use one product maker's stuff above all else, then it is worthless.

    IT doesn't really have many certificates that are vendor independent, except perhaps the A+, and the CISSP. Instead, we have RedHat certs, Cisco certs, Microsoft certs, Amazon certs. What is needed is to have something that covers the basics of IT that don't really change. For example, security basics, the 3-2-1 principle of backups, RTO, RPO, differences between test, production, and development environments, types of malware, advantages and disadvantages of backup media (tape, cloud, drives), types of RAID, SSD versus HDD, and basic, universal concepts that apply regardless of what platform someone is on. A licensing body in IT that isn't locked to a specific OS or vendor would do wonders in at least ensuring someone has a certain baseline of knowledge.

    1. Re: Who does the licensing? by c6gunner · · Score: 3, Insightful

      You're confusing two different concepts. Certifications aren't licences. In a field which requires a license you cannot legally work unless you have it. Whereas in IT I do not NEED an MCSE "license" in order to play minesweeper or solitaire; I'm just more likely to be hired by a pointy haired boss if I have the certification.

    2. Re: Who does the licensing? by Anonymous Coward · · Score: 0

      If you look at process and related areas then ITIL qualifications are an example.

    3. Re:Who does the licensing? by Anonymous Coward · · Score: 0

      I have a pair of government protected and enforced professional licenses.

      In both cases, the legislation created a certifying organization which is controlled by a board consisting of members who are elected by the members of the certifying organization. In other words, professionals are self-regulating. It is our chosen representatives who decide what is or is not part of the profession. In my experience, both fields are set up to be vendor agnostic because we need to be able to use whatever tools are available to us.

      Now, some occupations are licensed but not self-regulating. I can't speak to those or how their licensure is managed.

    4. Re:Who does the licensing? by Anonymous Coward · · Score: 0

      However, if regulatory capture happens, and the licensing becomes knowing how to use one product maker's stuff above all else, then it is worthless.

      Au contraire, mon frere! Only then its worth exist. The product maker's executives will get plentiful lifestyles and will afford high culture education for their children, and we will all be richer for new gifted classical musicians and artists, our everyday life will become more noble as result. It is a win-win.

      Most of what we have in place is just a scheme to recover most of the funny money given to all of the funny people doing funny chores. An EE could easily recognize it as an socio-economic equivalent of imaginary electric power - in this case it is just for show ("Aww, we live in plenty"), or to justify the control and regulation by the ruling structures. Every time something is further complicated, more thread is used up in the knitted fabric of society, and then pundits can point to the thread consumption and proudly proclaim wealth and "high organization" - earmarks of civilization. Since we as species intellectually and culturally peaked sometime 19th century, all of this is just entertainment and population control.

    5. Re: Who does the licensing? by Anonymous Coward · · Score: 0

      Itâ(TM)s a double edged sword. Should a Doctor have a license to do business? Should an artist? Iâ(TM)d say in life/safety absolutely. I work as electrician, Iâ(TM)m licensed. I work only with other electricians who are licensed. My life depends sometimes on the dillagence of others in my trade. I see people who think they know what theyâ(TM)re doing do the most idiotic, dangerous things. And no, inspectors donâ(TM)t catch everything.
      Moneyâ(TM)s an object for many people especially big business, âoegeneral contractorsâ if they can find away to cut corners they will. Why? Itâ(TM)s about profit. Do you really want to adopt a âoeGet what you pay forâ mentality when your life someone elseâ(TM)s or property is on the line?
      Iâ(TM)ll take my completion, blunted. Thank you.

    6. Re: Who does the licensing? by Cederic · · Score: 1

      Yet I'd fight any attempt to mandate ITIL qualifications for people working in an IT role.

      They're applicable to some IT roles, but not mandatory for those, and potentially damaging in some cases.

      That's even with ITIL being one of the better options available.

    7. Re: Who does the licensing? by nevermindme · · Score: 1

      ITIL in is operational basis is find something that does not work. Document how something does not work and form a procedure for avoiding the item that does not work. Then once separated from production sit on users sit on one's hands until development casts a new solution. In this way, it is similar to licensing, take the professional offline until given back one's credentials. No exposer to the licensing board of the corrective actions, just assurances that the licensed professional is corrected.

    8. Re:Who does the licensing? by Anonymous Coward · · Score: 0

      Well, you don't have to be licensed anywhere that I know of, unless you run network cable. Then only a handful of states for low-voltage wiring and/or fiber optics. Security basics: vendor neutral is covered by the Security+, as well as CISSP, SSCP, CEH... There are quite a few of them. A+ covers the backup media, RAID, SSD vs HDD, and basic universal concepts. These are certifications that one can obtain, but the lack of any one or all of these will not keep you from working in IT. It may keep someone from hiring you, but you can still work if you can find someone to hire and/or train you.

      Are you suggesting that there should be a government body that regulates who can work on computers, in what way? If that's the case, I wholeheartedly disagree. The last thing I want is to have to get expensive vendor certs AND an occupational license.

    9. Re: Who does the licensing? by Anonymous Coward · · Score: 0

      But you may need to be a certified electrician to run an ethernet cable....

    10. Re: Who does the licensing? by Reziac · · Score: 1

      Very good point. A "license" is not a certification of quality; it is temporary permission to perform an act which would otherwise be illegal.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  28. Re: Milton Friedman is shite by Actually,+I+do+RTFA · · Score: 4, Insightful

    Given the prevalence of autocorrect, it is no longer possible to distinguish a typo from choosing an incorrect but similar word.

    --
    Your ad here. Ask me how!
  29. Re: Milton Friedman is shite by ClickOnThis · · Score: 1

    +1 irony. Or -1 whoosh. Hard to tell. Let's ask Poe?

    --
    If it weren't for deadlines, nothing would be late.
  30. Distinction by JBMcB · · Score: 4, Interesting

    At some point you are correct. There are certain professions that should require licensing. Generally these are professions that involve some level of personal safety (medical) or fiduciary responsibility (legal.)

    At some point your argument falls apart. Not exactly sure why you need to be licensed to:

    Decorate a house
    Braid hair (NOT cut it)
    Walk dogs
    Sell caskets
    Be a locksmith
    Run a pawn broker
    Run a flower shop
    Operate a food truck (ON TOP of your regular commercial drivers license AND health certificate)
    Install home theater equipment
    Run a travel agency
    Package things for shipping
    Upholster furniture

    I'm sure you could come up with some corner case that would involve safety in any of these cases, but you could do the same for, pretty much, ANY profession.

    So the question becomes is if the licensing scheme is doing more to protect consumers, or to protect established professionals from competition.

    --
    My Other Computer Is A Data General Nova III.
    1. Re: Distinction by Anonymous Coward · · Score: 1

      Pretty sure it is obvious why locksmithery and pawn brokering are licenced occupations. But to spell it out, it has to do with the opportunity for serious criminality either occupation affords.

    2. Re: Distinction by Impy+the+Impiuos+Imp · · Score: 1

      That requires registration so the state can visit them from time to time to watch for criminality. That doesn't require licensing with respect to skill.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    3. Re:Distinction by Bender0x7D1 · · Score: 1

      Some of those need to be licensed for reasons you aren't aware of.

      Decorate a house: Since some design elements are expected to hold loads, or not fall down on people, they need to know enough to design "safe" decorations.

      Sell caskets: States have a lot of rules when it comes to putting bodies in the ground. A casket needs to be sturdy enough that it won't be crushed when you put 6 feet of dirt on it, or rot when you expose it to years of damp soil and insects.

      Upholster furniture: There are fire codes that have to be followed when you upholster/stuff furniture. The reason you can't "remove the tag" from furniture/mattresses is to let you know what it is filled/covered with.

      While I didn't hit all of the items in the list, there might be a variety of reasons they need licensing - but I'm not aware of them. I just hit the ones where I did know something.

      --
      Reading code is like reading the dictionary - you have to read half of it before you can go back and understand it.
    4. Re: Distinction by Anonymous Coward · · Score: 0

      Give me a break. Those willing to commit a crime aren't going to register with the state so they can become a victim of the state. This reminds me of how gun laws only stop the law abiding from owning guns.

    5. Re:Distinction by serviscope_minor · · Score: 1

      Decorate a house
      Braid hair (NOT cut it)

      Agree.

      Walk dogs

      Generally agree, though I can see where this one came from. There have been a number of anti professional dog-walker laws passed around here because they started taking the piss. Taking your dogs to the park for a walk is OK. Blocking up a commuter route with 30 dogs not so much. Why we can't have nice things etc.

      Sell caskets
      Be a locksmith

      I agree.

      Run a pawn broker

      I can see this one. Plenty of legitmimage uses for pawn shops, but they're also a magnet for thieves to try to get rid of stuff. I can see how up to date licensing to ensure the owners both know and practice the rules came to be.

      Run a flower shop
      Operate a food truck (ON TOP of your regular commercial drivers license AND health certificate)
        Install home theater equipment

      Bonkers. And so on.

      --
      SJW n. One who posts facts.
    6. Re:Distinction by Anonymous Coward · · Score: 0

      Ah, you have seen the list of regulated trades that Ontario has set up... All these and more -- and in addition to existing licensing and training the Province is creating its own exams and requires regular re-certification with a stiff fee. We hear rumors they have been going around, protection racket style, and threatening existing barber shops with being shut down if they dont pony up and buy the new certs. And they are not cheap... And my son the electrician tells me that part of the certification for electricians (as an overlay for the requirement to be a journeyman or master) is training for how to use a ladder... first, stand in front and grasp the sides. No, I am not making this up. We are guessing they are desperate for money and this is really just another tax. So far the organized trades have been trying to ignore it but who knows...

    7. Re:Distinction by swb · · Score: 1

      Those are the reasons you chose from the parent's list?

      "Safe" decorations? You're kidding, right? What does that mean? Using silicone adhesive to glue everything down and making sure anything on a wall uses a structural grade lag bolt into a stud?

      Casket integrity? I thought the entire point of putting bodies into the ground was ashes, to ashes, dust to dust -- are caskets actually supposed to be permanent capsules that will last an eternity in the Earth? Will future generations mine graveyards for stainless steel and other corrosion resistant metals?

      I'd bet it'd be pretty hard to buy material suitable for upholstery that wasn't already flame retardant, especially if you did it for a living. You'd be inclined to buy from suppliers oriented towards that market and I would imagine that upholstery generally is made for the new furniture market and made to fit the existing requirements for flame retardant standards, so you'd probably be getting that no matter what. Plus do you know how many people reupholster their own furniture? We have done chair covers and one couch on our own and we're not even handy. I have no idea if we met any flame retardant standards.

      Of all the things mentioned in the OP's list, pawnbroker and locksmith make the most sense to some degree. Pawnbrokers deal in used stuff and are linked to fences, burglars and other thieves as instant markets for their thefts. Locksmiths make sense because they deal in security, and it's not hard to see that position exploited for criminal purposes (although there's a counter-argument where you want the guy with the most theft experience selling you locks).

    8. Re:Distinction by coofercat · · Score: 1

      Exactly - and in fact, a lot of the details can be worked out by providing standards which are optional to uphold (and maybe some minimum standards which are obligatory, such as laws provide).

      For example, a locksmith could have ISO2742947648 which states "can fit locks that meet insurance requirements, and won't tell criminals about the security of your house". Thus, you can have a locksmith who doesn't conform to that standard, perfectly able to fit locks to your shed our outside shitter, but you wouldn't want them to fit one to your front door. Yes, you can argue the 'real' locksmith just missed out on two jobs there, but by missing out on those jobs, someone else got the opportunity, and who knows, maybe one day will have enough money to learn about and obtain the ISO certification.

    9. Re:Distinction by jeff4747 · · Score: 1

      "Safe" decorations? You're kidding, right? What does that mean? Using silicone adhesive to glue everything down and making sure anything on a wall uses a structural grade lag bolt into a stud?

      No, it means not removing or compromising load-bearing walls, and not violating building code (let's cut out half the pickets in this railing so we can see through it better!). And any wall decoration that is heavy needs to be properly secured, not secured well enough to stay up until the check clears.

      Also, there's additional things to consider if you're decorating in an earthquake-prone state - For example, "freestanding" bookcases in CA should be attached to the wall in a strong enough way that it can't fall over in an earthquake.

      Casket integrity? I thought the entire point of putting bodies into the ground was ashes, to ashes, dust to dust -- are caskets actually supposed to be permanent capsules that will last an eternity in the Earth

      Yeah, that "dust to dust" thought ended a century or more ago. If the ground in the cemetery is relatively flat, the caskets (or concrete boxes the caskets are lowered into) are going to be there for a very long time. A "natural" burial cemetery is lumpy because of the dirt sinking into the former-caskets.

      Also, the "casket industry" is historically notorious for fraud. The product is going to be buried in the ground after a very short period of time, so it's not like the customers can be sure they are getting what they paid for. Plus the customers are not in a terribly good emotional state for evaluating the quality of the casket, and the funeral puts a deadline on the situation that prevents waiting for a replacement, causing those already grieving to just let the "mistake" go.

      I'd bet it'd be pretty hard to buy material suitable for upholstery that wasn't already flame retardant

      You'd lose that bet. "Material suitable for upholstery" is known as "fabric", "foam padding" and "cotton padding". There's a ton of it on the market that you could use for upholstery but isn't flame retardant.

      if you did it for a living. You'd be inclined to buy from suppliers oriented towards that market

      No, you'd be inclined to buy from the suppliers that give you the lowest cost while still providing material that is not so obviously deficient that your customers notice. The foam under the fabric is not something your customers can see, so it's a fantastic place to spend less money and buy the version that burns intensely.

      Plus do you know how many people reupholster their own furniture? We have done chair covers and one couch on our own and we're not even handy. I have no idea if we met any flame retardant standards.

      Not that many reupholster their own furniture, especially to the point where they are replacing most or all of the padding (it's the padding that they're really concerned about. The fabric doesn't add much to a house fire). Most just dump the old furniture. So licensing on the professionals does cover the vast majority of cases.

      (although there's a counter-argument where you want the guy with the most theft experience selling you locks).

      And he would tell you to buy a good lock because..........?

      Get paid to change the locks to something easy-to-pick, get paid again when you rob the house. Possibly get paid a 3rd time to put another lock on the house.

    10. Re:Distinction by JBMcB · · Score: 1

      Decorate a house: Since some design elements are expected to hold loads, or not fall down on people, they need to know enough to design "safe" decorations.

      Any change to a house that involves load bearing structures needs a permit pulled and sign-off by an inspector, in most municipalities. They don't care who does the work, but it gets inspected.

      Sell caskets: States have a lot of rules when it comes to putting bodies in the ground. A casket needs to be sturdy enough that it won't be crushed when you put 6 feet of dirt on it, or rot when you expose it to years of damp soil and insects.

      That's why the regulation now is to put the casket in a cement vault. The construction of the casket doesn't make a difference anymore.
      https://en.wikipedia.org/wiki/...

      Upholster furniture: There are fire codes that have to be followed when you upholster/stuff furniture.

      So you buy fire retardant upholstery. Not sure how licensing needs to be involved.

      Some people have argued that licensing for hair braiding involves health regulations. The regulation is that you need to wash your hands in between sessions. Is a license required for this level of training?

      --
      My Other Computer Is A Data General Nova III.
    11. Re: Distinction by Mr3vil · · Score: 1

      A friend of mine was a locksmith until he passed away. His license was just a registration so he could gain access to databases so he could reproduce vehicle keys without an original. When I worked at a Hardware store I cut keys and re-keyed household locks we sold without a locksmith license.

  31. Teacher ? President? by Anonymous Coward · · Score: 0

    Plenty of obvious roles that have the possibility of harming people.

  32. This is how civilizations collapse by Truekaiser · · Score: 1

    when people cannot understand why a standard or a right exists. Because they live in a world made safe by the existence of it. So they get rid of it.

    1. Re:This is how civilizations collapse by Anonymous Coward · · Score: 0

      Exactly. See the history of rome or genghis' khanate. Collapsed because of libertarians.

  33. Morons regulating programmers by EmperorOfCanada · · Score: 1

    I have been in two jurisdictions where there have been notable (luckily failed) attempts to regulate programmers. One attempt was that all software must be signed off by a professional engineer, and the other was just a professional "self-regulating" society of computer professionals where you couldn't deliver anything software related without being a member in good standing.

    The people who were involved were all assholes. At a local conference someone jokingly suggested that they be blacklisted; which then turned into a circulated list of people who had tried to make it happen. From many of the key companies in town they and the companies they represented were not completely blacklisted so much as scorned. One of the main guys complained to me that his business lost the ability to be profitable for about 3 years after that. I laughed.

    The gist of the article is that professional guilds exist to keep people out, but I see it as their also wanting control as well. The point of some of these societies is to even prevent competition among the "professionals" I suspect that if you are a dentist and you started inoculating people against cavities for free, (assuming there was such an inoculation) that you would be standing in front of a standards committee in a heartbeat. Or if you were a orthodontist who just went completely cut rate and offered services for cost plus a small living expense for yourself. Even overpaying your staff might find you up for a dental investigation.

  34. dumbing down by epyT-R · · Score: 1

    Of course licensing is unequal: only those who can pass the tests can be licensed. Some can do it while others can't. Welcome to life, we are NOT equal. We are diverse. As a result, I do not have a problem with testing for ability. However, I do have one with the many licensing schemes that fail to do this while producing armies of half useless paper-mill drones. It's turned into a system wide scam.

  35. Licensing helps prevent deluded doctors by Anonymous Coward · · Score: 0

    I'm dealing with a "psychotherapist" who specializes in "neuroatypical disorders", with no license, no degree, and absolutely no training. They've finally taken *one* course after years of professional practice, with the "Center for Self Leadership", for training, which is a psychotherapy organization which gives no grades, no certification, and whose members claim "training does not matter, it's the quality of the therapist". It's amazing how they can charge $1300 for a weekend seminar while constantly proclaiming "training doesn't matter". Imagine my joy to discover a family member is going there for therapy that turned from ADD coaching to diagnosing other family members, diagnosing them and explaining to my beloved family member how everything is the fault of the obviously deluded other family members without even meeting them.

    It's very affirming and empowering, and it's a violation of so many profesisonal standards I can't even *begin* to count. But see, "psychoterapist" is not a licensed profession. Psyciatrist and psychologist are. So yes, actually getting training, and a license, can help prevent seriously destructive behavios.

    1. Re:Licensing helps prevent deluded doctors by Hognoxious · · Score: 1

      But see, "psychoterapist" is not a licensed profession. Psyciatrist and psychologist are.

      I suspect a majority of people think those are all the same thing.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  36. Markets not Capitalism... by js290 · · Score: 1
    https://youtu.be/tcEOh17heyo?t...

    Other kinds of privileges for the politically well connected that tend to make and keep people poor – think occupational licensure and zoning laws, for instance – would be absent from a freed market. So ordinary people, even ones at the bottom of the economic ladder, would be more likely to enjoy a level of economic security that would make it possible for them to opt out of employment in unpleasant working environments, including big businesses.

    Gary Chartier

    --
    "Tempers are wearing thin. Let's just hope some robot doesn't kill everybody." --Bender
    1. Re:Markets not Capitalism... by Anonymous Coward · · Score: 0

      I'm so glad my house burned down because some fast talker with no concept of how to do the job managed to talk me into letting them wire my house!

      Let's get rid of regulations! We don't even NEED an electrical code! I should be able to wire my house with speaker wire and Jesus' love!

  37. Re: Milton Friedman is shite by Ian+A.+Shill · · Score: 1

    Eek!

    --
    For hire.
  38. Whence training? by tepples · · Score: 1

    You couldn't work in that industry without documented skill, knowlege and experience in the speciality for which you were employed.

    Then how does one gain experience in the first place? It's like no one wanting to hire junior programmers anymore.

  39. Re: Milton Friedman is shite by Anonymous Coward · · Score: 0

    *eak

  40. Re: Milton Friedman is shite by Anonymous Coward · · Score: 0

    Especially when autocorrect decides you mean a word that you have never heard of, and won't allow your correction.

  41. Stossel by markdavis · · Score: 1

    John Stossel likes to go after the whole overly "licensing" thing. Here are some good videos of him that are very relevant to the topic:

    https://www.youtube.com/watch?...
    https://www.youtube.com/watch?...
    https://www.youtube.com/watch?...
    https://www.youtube.com/watch?...
    https://www.youtube.com/watch?...

    Of course, few people think that all licensing should go away, Stossel doesn't either. But it is getting a bit ridiculous.

  42. No need to be flippant about bartenders and MUAs by richardtallent · · Score: 5, Informative

    As someone who has been involved in fashion, art, and glamour photography for some time, I find the article's dismissal of cosmetology licensing to be careless and poorly researched.

    Applying makeup is a licensed activity because of significant health and safety issues related to hygiene and proper use of certain products (such as latex, for example, as used in the movie and theater industries). You could very literally lose an eye, go into anaphylactic shock, or get a nasty rash because some village idiot decided to play makeup artist and didn't know what they were doing. People doing this really DO need to know what they are doing.

    Likewise, bartender licenses are less about memorizing obscure drink recipes and more about properly working within the law around alcoholic drinks and potentially inebriated customers. These licenses are not a burden to obtain (working with a non-profit art gallery, we obtained them for some of our board members so we could legally serve wine at our shows), and they are a serious intervention to help cut down on drunk driving, alcohol poisoning, and underage drinking.

    Here in Texas, the licensing agency recently got rid of mandatory licensing of interior designers (my wife is one) and talent/modeling agencies (which, again, I'm familiar with through photography). The result is a total disaster in both fields. To do an effective job, interior designers need to understand building codes, proper construction techniques, when to call in a structural engineer, permitting, blueprints and drawings, special laws around commercial furniture, etc. But without a license, anyone who watches a bunch of HGTV and thinks they are the next Joanna Gaines can go represent themselves as a designer, and homeowners and businesses *don't know what they don't know*. And in the talent agency world, particularly in modeling, there is a HUGE problem of outright scams, not to mention sketchy guys claiming to "manage" models or singers, who act more like wannabe pimps.

    So yeah, maybe licensing can be a bit of a protection racket in some industries, but it's way too easy to deride someone else's education from a place of ignorance about the service they are performing and the risks involved in the decisions they make.

    (Also, make no mistake, this article isn't about makeup or pints of lager, it's about an ongoing, long-term, well-funded dispute about what the differences should be between a doctor and a nurse practitioner. The arguments about other industries are merely window-dressing.)

  43. Re:No need to be flippant about bartenders and MUA by mvdwege · · Score: 2

    You're missing the point: the article is basically the standard neo-Liberal (for US readers: Libertarian) propaganda piece you'd expect from The Economist.

    While not as bad as Koch-funded think tanks, on economy their stance is virtually the same: take away all worker protections and let the owner class run Gilded Age style rampant.

    --
    "I know I will be modded down for this": where's the option '-1, Asking for it'?
  44. pathetic article by Tom · · Score: 1

    Many of those "licenses" are trivial to acquire and contain relevant legal or otherwise need-to-know information. Even if much of that knowledge is trivial, you want to be sure that your (insert-profession-here) in fact does have it.

    In particular, licences are more common in legal and health-care occupations than in any other.

    And those are exactly the kind of professions where a) a laymen has no chance to spot any even halfway good con-man and b) you really, really want to be in the hands of someone who actually has the skills they claim.

    --
    Assorted stuff I do sometimes: Lemuria.org
  45. Licensing by tquasar · · Score: 1

    Is there a difference between a license and certification? I was a state certified water plant operator. That ensured that I had the knowledge, skills and abilities to produce water that was safe to drink. I worked with liquid chlorine, potassium permanganate and anhydrous ammonia. Sometimes I worked sixteen hour shifts.

    1. Re:Licensing by dcw3 · · Score: 1

      Is there a difference between a license and certification?

      Yes, typically, licenses need to be renewed periodically. Most certifications are simply showing that you've completed some training, but not an indication that you are legally allowed to do the work.

      Many continuing adult education courses are taught on things like boating, auto tune ups, CPR, etc., and you'll get a certification, but not be licensed to put those skills to work and make a profit.

      --
      Just another day in Paradise
  46. Re:Milton Friedman is shite by Hognoxious · · Score: 1

    1) And yet you missed interwebs?
    2) https://en.wikipedia.org/wiki/...

    Hand it on on teh way out.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  47. Re: Milton Friedman is shite by Hognoxious · · Score: 1

    That's why I use an older device based on carbon and powered by glucose.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  48. ... or so I hear. by Hognoxious · · Score: 1

    You don't want to get some of that stuff in your eyes. It stings worse than Lennart Poettering's jizz.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:... or so I hear. by thegarbz · · Score: 1

      You don't want to get some of that stuff in your eyes. It stings worse than Lennart Poettering's jizz.

      I'll take your word for it.

  49. Re: Milton Friedman is shite by dcw3 · · Score: 1

    If you can't figure out how to fix autocorrect, you need to turn in your geek card, and get off of /. You don't belong here, now GET OFF MY LAWN!

    --
    Just another day in Paradise
  50. What about the ridiculous number of lawyers.... by Tangential · · Score: 1

    While a desire to blunt competition is definitely a part of this I would submit that the massive growth in the number of lawyers and litigation is also a big piece. Since 1950 the population of the US has roughly doubled while the number of lawyers has gone up by 500% (https://associatesmind.com/2013/08/19/historical-growth-rate-of-lawyers-in-usa-chart/ ) Itâ(TM)s a lot easier to file a lawsuit if you can point at rules not being followed. At the same time, if youâ(TM)re trying to prevent lawsuits you try and make sure that people know the rules... of course, knowing the rules and being able to do a good job is not the same thing so in the long run, this mainly helps the legal profession.

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
  51. The real problem by Anonymous Coward · · Score: 0

    The real problem is that there are no commit log messages. I mean, when someone decides that we should require license for bartenders, they don't explain the reasons why such requirement was needed. If the license would have reasoning like:

    "In year 1980, 20% of bars that were investigated, bartenders did not wash their hands and this caused 15% of the customers to get sick. To minimize the risk of the customers, we should require all bartenders to pass basic hygiene education so they understand why they need to wash their hands, as a proof of passing this exam, they will get bartender license that should be required for one to do this work. "

    Now, when you want to get rid of bartender licenses, you can consider is this still needed. You can run experiments by allowing anyone to bartender and measure how many customers get sick and make decisions based on science.

  52. An old engineering joke by RogueWarrior65 · · Score: 1

    I recently got curious about the concept of "Professional Engineer". Generally, it's aimed at civil engineers but it's being expanded to cover software. There are no sample tests and the list of topics covered is so vague that you couldn't practically study for it. But the concept also runs counter to an old engineering joke. The trustees of a university want to find out if the professors know their stuff so they come up with a question: what's 2+2? So they go to the math department and ask that question. The professors say "Oh, that's easy. It's 4." Then they go to the physics department and they respond, "Oh, it's 4.0000000 with an uncertainty of another decimal place." Then they go to the engineering department and they respond, "Just a minute. Let me get my handbook." Lastly, they go to the accounting department and they look around to see if anyone can hear them and whisper, "What do you want it to be?"

  53. Basic freedoms endangered by mi · · Score: 1

    Whether or not licensing helps or injures some sort of Greater Good[TM] — and how to calculate it — is irrelevant.

    What matters is that the licensing requirements deprive us all — the would be buyers and sellers of services — of freedom.

    What used to be a right, free to exercise, became a privilege available only with government's permission. And that's wrong and outrageous on its own.

    --
    In Soviet Washington the swamp drains you.
  54. the summary negates its self with the last line. by Anonymous Coward · · Score: 0

    "In particular, licences are more common in legal and health-care occupations than in any other."

    I dont know, maybe because the consumer wants to know that they are going to get a minimum standardized quality of service for something that is considered a major spending event. You know like any time you may need a lawyer... or health care if you are in the US.

    FFS, Yes licensing puts up a barrier to entry but that is also because one is usually needed. I want bartenders to understand the consequences of over serving someone, just like i want cosmetologists to understand what the consequences of the chemicals they are using are. On top of that its not as if all of this licensing is really that much of a barrier to entry. To serve alcohol in Ontario (Canada) its a small fee and an on-line test, that really doesn't do shit to boost inequality. The licensing problems brought up are over blown and are really only a problem if the total cost of the licensing outweighs the actual risk involved in the profession.

  55. Certification vs. Licensing. by mi · · Score: 2

    Is there a difference between a license and certification?

    There is and there is not. Per se, there is nothing wrong with certification — whereby someone else attests, that you know and/or are skilled at some field.

    Licensing is the government turning a right, which only the Judicial branch can revoke upon successful prosecution by the Executive for violating Legislature-issued laws, into a mere privilege, which the Executive can deny or withdraw on a whim.

    The concepts often work together and so are easily confused:

    • When the government bans anyone without a certification to work in a field.
    • When the only certification acceptable under the above ban are those issued by the government or the government-approved bodies.

    Such requirements deprive us of rights. According to TFA, they also make us less efficient, but I don't think that ought to matter — because the rights are more important, even if the efficiency actually improved.

    --
    In Soviet Washington the swamp drains you.
    1. Re:Certification vs. Licensing. by tquasar · · Score: 1

      Thanks, good information.

  56. Re: Milton Friedman is shite by Gravis+Zero · · Score: 1

    Given the prevalence of autocorrect, it is no longer possible to distinguish a typo from choosing an incorrect but similar word.

    That's prepositus! ;)

    --
    Anons need not reply. Questions end with a question mark.
  57. They're called "Barriers to Entry" by karlandtanya · · Score: 1

    Blunting competition and boosting inequality is their entire function.

    The work I do does involve licensing, but as long as somebody in the company has a license on record with the state the rest of us can work under that license. So, the barrier to entry is at the company level: Other companies who don't have licensed personnel on staff can't compete in the same way that we do.

    From the "right" side of the barrier, I have no problem with it. If you're on the "wrong" side of the barrier, cross it. Qualify tor the test, study, and pass it. The barrier is NOT that high.

    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick
  58. You CAN build/wire/plumb your home yourself... by Ellis+D.+Tripp · · Score: 1

    in just about every jurisdiction I'm aware of. Of course, your work needs to be inspected to the same standards as that of licensed contractors.

    Licensing comes into play when you want to work on OTHER PEOPLE's houses, or perform such work in exchange for money.

    --
    Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
  59. one of the reasons by Anonymous Coward · · Score: 0

    This is one of the big reasons I say fuck this country

  60. Ignoring the obvious by Anonymous Coward · · Score: 0

    Most studies find that licensing requirements raise wages in a profession by around 10%, probably by making it harder for competitors to set up shop.

    How about because the people with the actual education, training, and experience required to do the work properly are the ones who can get licensed ... and they cost more than the clowns?

  61. Bartenders Licenses by RoloDMonkey · · Score: 1

    I am a licensed bartender, in a state that doesn't require licenses. Still, having the license makes it much more likely that I will be hired. Why? Insurance.

    About half of the bartender license training isn't about mixing drinks, or "pulling pints"; it's about serving alcohol responsibly: How strong is the drink you are making. How many drinks should a customer have per hour. What to do if a customer comes to the bar already drunk. What to do if a drunk customer wants to drive home. What IDs are acceptable. How to clean the bar, glasses, beer tap lines, etc.

    Similarly, I used to be a licensed painter. Why would a painter need a license to be a painter, all you need is to put paint on a wall, right? Well, almost all of the training was about ladders, how to move them, how to set them up, how to not fall off of them, and most importantly how to work with them around power lines.

    Sure, some licenses seem silly. But, most usually have at least some good reason why they exist.

    --
    Long live the Speaker Bracelet
    Rolo D. Monkey
    1. Re:Bartenders Licenses by Anonymous Coward · · Score: 0

      So tell me, are you keeping track of what each customer drinks? If you have 100 customers in your bar, I have a hard time believing you have time to follow each of them around to monitor whether they are the ones actually consuming the drinks that you serve to them.

      Also, one does not need to obtain a license to be a responsible actor. Not having a painters license does not mean that I do not know how to handle myself on a ladder.

      Your reasoning is completely specious and faulty. Not having a license does not mean you don't know what you are doing, and having a license does not mean you do.

    2. Re:Bartenders Licenses by RoloDMonkey · · Score: 1

      I never claimed that licenses automatically made people experts; only experience makes you an expert. Please see my first paragraph, re: Insurance. Having a license means that you have met the bare minimum qualifications, and helps cover you (or your boss') ass.

      And, no in a really busy bar a single bartender can't track where every drink goes. In that case, all of the staff is responsible for communicating when they see problems. Do people get served too much alcohol in real life? All the time. Will I be held responsible if I can show that I know the rules and followed them? No.

      --
      Long live the Speaker Bracelet
      Rolo D. Monkey
  62. Hmmm... by Keill · · Score: 1

    I guess the US is heading into a new guilded age?

    --
    'Stupidity is an often fatal disease' - R. A. Heinlein
  63. And yet ... by Anonymous Coward · · Score: 0

    ... there are still no licensing requirements for slashdot editors.

    That's a shame.

  64. Typical Lobbist BS by dcw3 · · Score: 1

    So, our friendly lobbyists for CompTIA and other training companies got together and convinced the DoD to implement regulation 8570, which basically required anyone touching a keyboard to obtain certification...typically Security+ or something similar. This has brought millions and millions of welfare dollars in for these companies, and provided virtually no improved security for the DoD.

    But don't worry, government is here to help you...spend more tax dollars for useless shit.

    --
    Just another day in Paradise
  65. Politicians justify licensing by Anonymous Coward · · Score: 0

    Licensing protects citizens in the eyes of politicians; so we should license politicians. They should pass a test rigourously examining their knowledge of the pertaining fields they will control, as well as general civics and the legal structure of laws, checks and balances and the constitution. Then swear under penalty of perjury to abide by those laws and uphold the constitution. Else have their license revoked.

  66. It is absolutely culture. by Anonymous Coward · · Score: 0

    There's absolutely something wrong with gun culture in the US.

    It isn't about laws, it's about attitudes.

    My country doesn't have much gun violence compared to the US, but we've got all kinds of guns. Why? Because those guns are not meant to hurt people, they're meant for hunting, or for target shooting, or the like.

    By contrast, you can't make it past one discussion in the US without someone going "You can't take our guns! I might have to kill someone with my gun!"

    You can say "The vast majority are suicides", but you know what? The US has an astronomical murder rate, and most of that is with guns. My city is considered the murder capital in my country, with a rate of about 10 murders per 100k people. Compare to St. Louis or Detroit, that's nothing. There's dozens of US cities with at least twice that.

  67. Re:No need to be flippant about bartenders and MUA by Reziac · · Score: 2

    I don't disagree; it's good to have some verification of the expected qualifications. But it needs to be applied sanely. Last time this subject came up, I looked up my state's list of licensed professions (outside of engineering and medicine), and requirements thereto. Most were sane enough -- some 50-60 hours of training for the more-basic jobs, a bit more for the more-complex.

    And then there was the weird outlier -- a requirement of 1100 hours of training for (IIRC) physical trainer. And I was like, WTF? Did someone take such a dislike to the profession as to effectively prohibit it??

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  68. Re:No need to be flippant about bartenders and MUA by Uberbah · · Score: 1

    And then there was the weird outlier -- a requirement of 1100 hours of training for (IIRC) physical trainer. And I was like, WTF?

    Why - because you want to herniate a disk or tear a tendon in your leg because the trainer doesn't know what he's doing?

  69. Nope, by rsilvergun · · Score: 1

    even the human grade stuff is a problem if it's used wrong. Like I said, you'd be amazed at the kinds of chemicals girls'll use in the pursuit of nice hair.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  70. Wow. What a propaganda piece by Maxo-Texas · · Score: 1

    Would I want unlicensed people putting stuff on my body near my eyes?

    Licensing usually contains training to recognize medical conditions. For example barbers and beauticians see your scalp closer than anyone and they receive training in recognizing various illnesses.

    Licensed people also must take CEU's in many cases.

    Licensing frequently includes a criminal background check as well as ongoing annual checks for criminal activity.

    Can licensing be abused and become a taxi-medallion like program? Sure.

    But reasonable licensing requirements have value.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  71. Destroying the middle class one job at a time by Rick+Schumann · · Score: 1

    That's what this sounds like. Make the licenses too expensive so people can't ever get ahead by improving their income with a better job.

  72. "In all 50 states" by Anonymous Coward · · Score: 0

    Come on. No matter what side you're on, that's a pretty weaksauce argument. Examples: Texas, Arkansas.

  73. Re:No need to be flippant about bartenders and MUA by Reziac · · Score: 1

    That wasn't the absurdity; it was that physical trainer (or whatever it was, but something on that order) licensing required ~20 times more hours than anything else. Your cited injuries are certainly no worse than, frex, hair bleach in the eyes, and there's just not that much skill differential between PT and *everything else*.

    My guess is someone with an existing monopoly observed the state's lack of new PT clients (confined to snowbird trust-funders; not something locals would pay for), thus lobbied to protect their monopoly, and the state legiscritters didn't see why not.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  74. What a "great" idea by whitroth · · Score: 1

    So, the poster and author think that we should stop licensing. No license needed to claim to be a doctor, or a dentist, or a lawyer, or a surgeon, or a mechanic, or an engineer, or....

    On the other hand, what would help "competition" is for companies and governments to *prove* that a certain certificate or degree is necessary.

    Y'know, like in the mid-nineties, when my late wife, the lab tech with 15 years experience was let go on a Friday, and that Sunday, they were looking for B.Sc. chemist... to be underpaid, and do lab tech work (which would have lowered costs to the clients). Or the idiots in HR, who want certs for languages that don't have certs, or.....

  75. Re:No need to be flippant about bartenders and MUA by Gr8Apes · · Score: 1

    Because a PT can actually damage or kill you and what other training do they get? It's not like they're an MD with 4-8 years of post-graduate schooling and a 1-2 year internship or anything.

    --
    The cesspool just got a check and balance.
  76. Re:No need to be flippant about bartenders and MUA by Reziac · · Score: 1

    And a bartender could poison you.

    One of the sane-requirements licenses was for construction blasting -- ie. person who handles and sets high explosives. I dunno, maybe PT isn't quite as demanding...

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  77. Re:No need to be flippant about bartenders and MUA by Uberbah · · Score: 1

    Your cited injuries are certainly no worse than, frex, hair bleach in the eyes, and there's just not that much skill differential between PT and *everything else*.

    I think PT is still quite a bit more broad than that. Aside form not herniating disks and ripping tendons, PT's rehab people that do have those injuries. And as 80% of any weight loss plan is dieting, you'd want something healthy, not crazy like the grapefruit diet, and watching out for eating disorders. And that fifty year old diabetic who's suddenly huffing and puffing - is he winded and just needs a break, a packet of sugar, or should you be getting the gym's defibrillator just in case? Hair stylists don't have to worry about any of that.