USD Law Prof Bob Fellmeth Quoted in Two Articles Regarding Implications for Regulatory Boards After Supreme Court Ruling

USD Law Prof Bob Fellmeth Quoted in Two Articles Regarding Implications for Regulatory Boards After Supreme Court Ruling

San Diego (June 17, 2015) – Recent articles in Modern Healthcare and the Des Moines Register featured comments from Professor Robert C. Fellmeth on the implications for regulatory boards after the U.S. Supreme Court's decision in North Carolina Dental Board v. FTC, which ruled that state licensing boards made up of active members of the profession, such as practicing doctors, are not immune from antitrust laws unless they are actively supervised by the state.

Modern Healthcare reported that the Federal Trade Commission plans to offer guidance to states amid confusion over the implications of this recent ruling.

Fellmeth, a former prosecutor and current director of the Center for Public Interest (CPIL) Law at USD School of Law, said he believes the justices were pretty clear in their ruling, though he doesn't oppose guidance because there are different ways to accomplish state supervision.

Fellmeth doesn't think any state has made a real attempt to ensure state supervision since the N.C. Dental Board decision. Fellmeth's Center for Public Interest Law, along with two consumer organizations, recently sent letters to every state attorney general saying states should change how they regulate and license the professions and trades in light of the decision. He said 34 states have responded to that letter but few seem to be taking the issue seriously.

The N.C. Dental Board case, however, is already starting to influence other court cases. Fellmeth said at least four cases have been filed in various parts of the country over the issue.

In a Des Moines Register article regarding the implications of the Supreme Court ruling, Fellmeth states that "every one of your boards and commissions is subject to antitrust. This isn't confined to the dental board; this is a cosmic case."

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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.

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