USD Law Professor Robert C. Fellmeth OpEd Published in LA Daily Journal

USD Law Professor Robert C. Fellmeth OpEd Published in LA Daily Journal

San Diego (March 11, 2015) – The Los Angeles Daily Journal published an opinion piece by University of San Diego (USD) School of Law Professor Robert C. Fellmeth on the impact of the U.S. Supreme Court's recent holding in North Carolina Board of Dental Examiners v. Federal Trade Commission. That decision held that federal antitrust law fully applies to decisions of a state occupational licensing board controlled by "active market participants" in the profession regulated by that board.

According to Fellmeth, by finding that a state agency cannot be governed by a board or commission controlled by members practicing in the relevant trade, the 6-3 decision will curtail the inherently corrupt cartel governance now dominant.

Specifically, Fellmeth discusses the impact that the decision should have with regard to the composition of the California State Bar's 19-member Board of Trustees.  Because thirteen of those members are practicing attorneys, the result is a body controlled by members who are active market participants in the profession they regulate. Accordingly, the Bar's actions, from its exam limiting competition to many other decisions, are not entitled to "state action" immunity. 

Fellmeth contends that the most appropriate response to this decision is for the Legislature to radically alter the board's attorney/public member lineup from a 13-6 attorney majority to no more than four attorneys and 15 public members.  This would, as Fellmeth concludes, "create a system that will take advantage of our expertise as attorneys, but combine it with the independence required to make legitimate public decisions on behalf of the body politic."

Read the full article here.

About Professor Fellmeth

Robert Fellmeth is the Price Professor of Public Interest Law at the University of San Diego School of Law, where he teaches and writes in the areas of children's rights, regulation, antitrust, and consumer law. Professor Fellmeth is also the executive director of both USD’s Center for Public Interest Law and Children's Advocacy Institute.

About the University of San Diego School of Law

Celebrating 60 years of alumni success, the University of San Diego (USD) School of Law is recognized for the excellence of its faculty, depth of its curriculum, and strength of its clinical programs. Each year, USD educates approximately 900 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest and taxation.

USD School of Law is one of the 81 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 23rd worldwide in all-time faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, nonprofit, independent, Roman Catholic university chartered in 1949.

Professor Robert C. Fellmeth

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