…wood casket which is often placed in a metal or concrete vault before being buried. The whole process can cost as much as $10,000, a majority of which goes towards…
…decision upheld a lower court finding that Tennessee’s government-imposed casket monopoly unconstitutionally violated the right of independent casket retailers to earn an honest living free from excessive government regulation. The…
…unassuming grandmother a criminal. Under Alabama law, it is a crime for anyone but a state-licensed funeral director to sell a casket to the public. To become a funeral director,…
…and Deacon Mark. At trial in June, we proved that restricting who may sell a casket does nothing to protect the public and simply funnels money into the wallets of…
…Directors—which is dominated by members of the funeral industry—sent the monks a cease and desist letter before they sold even one casket. In Louisiana, one must be a government-licensed funeral…
…themselves had attracted interest from people wanting to buy them, so the monks set up shop. But before they had sold even a single casket with their new venture, the…
…the real money to be made was in selling funeral merchandise, particularly caskets. So licensed funeral directors successfully pressured legislatures in a dozen states to adopt laws allowing only licensed…
…Washington, D.C.—A federal court in Oklahoma today bucked a trend of recent federal court decisions striking down government-imposed casket cartels. Independent casket sellers are challenging an Oklahoma law that…
…by imposing protectionist regulations. The decision upholds a lower court finding that Tennessee’s state-imposed casket monopoly unconstitutionally violates the right of independent casket retailers to earn an honest living free…
…Craigmiles Wilson Casket Supply in Chattanooga, and Angela Brent and Jerry Harwood of The Casket Store in Knoxville to close their businesses and threatened them with fines and jail time…
…Wednesday, April 24, 2002, to uphold a lower court ruling affirming the rights of Tennessee casket retailers to earn an honest living free from excessive state regulations. In Tennessee as…
…challenges the state’s prohibition on casket sales by retailers who are not licensed funeral directors. Such sales are a crime in Tennessee and in at least eleven other states. Enacted…
…pair of entrepreneurs who operate a web-based casket retail business. The independent casket sellers are challenging an Oklahoma law that prohibits them from selling caskets to Oklahoma residents because they…
…Scheme Creates Casket Cartel The case, litigated by the Institute for Justice, arises out of Oklahoma, where casket retailers seek to break open a government-imposed cartel. Oklahoma law makes it…
…Washington, D.C.—Two entrepreneurs today launched a web-based casket retail business along with a federal lawsuit challenging Oklahoma’s law that bars them from selling caskets to Oklahoma residents. Kim Powers,…
An overgrown thicket of state regulations is strangling more and more of the American workforce. These regulations are known as occupational licensing. Occupational licensing forces aspiring workers and…
…In the spring of 2001, Kim Powers, of Ponca City, Oklahoma, and Dennis Bridges, of Knoxville, Tennessee, launched Memorial Concepts Online (www.memorial conceptsonline.com), a company that provides high-quality caskets…
…3 Chevalier, J. A., & Morton, F. M. S. (2008). State casket sales restrictions: A pointless undertaking? Journal of Law and Economics, 51, 1-23; Harrington, D. E., & Krynski, K….
…their educational and health care expenses. The state board moved to shut down the monks’ fledgling business before it sold even one casket because it was a crime in Louisiana…
The Costs of Occupational Licensing An occupational license is, put simply, government permission to practice a particular occupation for pay. Under licensing laws, it is illegal to work…
…appeal: Craigmiles v. Giles, 312 F.3d 220, 224 (6th Cir. 2002): IJ challenged a government-imposed monopoly on the sale of caskets in Tennessee. In response, the U.S. Court of Appeals…
…to professions for which the justification of entry barriers is virtually nonexistent, hampering even would-be interior decorators, casket retailers and florists. A closer examination reveals that legislatures are often motivated…
…and arbitrary. On July 21, 2011, a federal court in Louisiana, a Tier 1 state, struck down a requirement that casket sellers be licensed as funeral directors. The court recognized…
…private gain. Drawing on our favorable precedent from the casket cases, we argued that there was no legitimate reason for preventing religious cemeteries from selling monuments to their parishioners. The…
…New Orleans, La.—The monks of Saint Joseph Abbey of Saint Benedict, La., seek to bury Louisiana’s government-imposed casket cartel with a trial that is scheduled to begin at 9…