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License to Grow

License to Grow

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Published by Jbrownie Heimes

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Published by: Jbrownie Heimes on May 29, 2012
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GROW:
ALICENSE
      T      O
Ending State, Local, and Some Federal Barriers to Innovationand Growth in Key Sectors of the U.S. Economy
Kauffman Task Force on Entrepreneurial Growth |
 January 2012
 
©2012 by the Ewing Marion Kauman Foundation. All rights reserved.
 
| 1
1. This document was prepared by a special Kauman Foundation Task Force, whose members are listed in the Appendix. We dedicate this document tothe memory o Larry Ribstein, a distinguished law proessor at the University o Illinois Law School or many years, who prepared the initial drat o thisdocument and who has been valuable member o the network o scholars that the Kauman Foundation has worked with as part o its “Law, Innovation,and Growth” initiative.
KAUFFMAN TASK FORCE ON ENTREPRENEURIAL GROWTH | EWING MARION KAUFFMAN FOUNDATION
Unortunately, despite the deregulation o price andentry controls over the past three decades at the ederallevel in much o the transportation industry and some o thetelecommunications industry, the U.S. legal landscape stillis littered with legal entry barriers. These impediments exist
primarily at the state and local levels 
, where they essentiallyhave operated under the radar.This white paper outlines some o the remaining statebarriers and a ew ederal ones and how they preventdisruptive innovations by entrepreneurs and establishedrms alike that potentially could bring new and moreecient business models to the market. In the case o thelegal sector, the barriers we identiy not only adverselyaect legal innovation, but also impede innovation inother sectors o the economy. Similarly, in health care,pharmaceuticals, K–12 education, the nancing o growthbusinesses, and many consumer services, legal obstructionshinder innovation and the provision o ecient, aordable,high-quality services and products.We conclude by surveying the main options orreducing or eliminating these impediments, proposing,in eect, ways to provide a “license to grow.” Althoughmost o the ideas we list are relevant only to state andlocal governments, we do not recommend, howevertempting it may be, ederal preemption as the means totheir abolition. Apart rom the political diculty o gainingconsensus on a sensible preemption approach in a time odeep partisanship with the Congress, it is not necessary orcitizens to look to Washington to solve all problems.There is value not only in state experimentation,but danger in one-size-ts-all proscriptions imposed bythe ederal government. Thereore, we opt instead or amore fexible “mutual recognition” approach that wouldrequire some ederal action—a simple law requiring states
Executive Summary
Innovation and rapid economic growth require not only a acilitative legalinrastructure, which the United States already has to a signifcant degree, butalso no or low legal barriers to entry into productive lines o activity.
 A LICENSE TO GROW: ENDING STATE, LOCAL, ANDSOME FEDERAL BARRIERS TO INNOVATION ANDGROWTH IN KEY SECTORS OF THE U.S. ECONOMY
Kauman Task Force on Entrepreneurial Growth
1
 

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