FTC Activities Concerning Professionals: Hearings Before the Subcommittee for Consumers of the Committee on Commerce, Science, and Transportation, United States Senate, Ninety-seventh Congress, First Session, on FTC Activities Concerning Professionals, July 15 and 17, 1981U.S. Government Printing Office, 1981 - 226 sider |
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advertising agency Amendment American American Bar Association American Dental Association American Optometric Association anticompetitive antitrust laws authority AVMA Bar Association Bar of Arizona Bar of Texas Bates believe Blue Shield Board Chairman CLANTON Commission's committee competition concerning Constitution consumer cost decision dental dentists drug economic effective Eyeglasses federal government Federal Trade Commission fees FTC action FTC's Goldfarb interest investigation involved Iowa Iowa Bar Association Iowa Supreme Court issue judicial jurisdiction Justice lawyers legal profession legal services legislation licensed litigation Medical Society ment nurses Optometric optometrists organizations patients physicians practice of law prescription problems profes professional associations protect question questionnaire regulatory responsibility restrictions retail role rulemaking Senator CANNON Senator DANFORTH Senator FORD Senator KASTEN Sherman Act sion statement subcommittee Supreme Court Thank tion trade regulation rule U.S. Supreme Court veterinary medicine Virginia Wisconsin
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Side 65 - The powers of the government of Iowa shall be divided into three separate departments—the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted.
Side 42 - three distinct departments, and each of them to be confined to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which arc judicial, to another.
Side 42 - No person or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Side 51 - purpose was to restrain a state or its officers or agents from activities directed by its legislature. In a dual system of government in which, under the Constitution, the states are sovereign, save only as Congress may constitutionally subtract from their authority, an unexpressed purpose to nullify a state's control over its officers and agents is not lightly to be attributed to Congress.
Side 23 - 8 317 US 519 (1943). Several years later, the Court held that the antitrust laws applied to realtors, United States v. National Association of Real Estate Boards, 339 US 485 (1950). In 1974 and 1975, two Federal district courts recognized that there was no sound legal or policy basis for inferring a broad "learned professions
Side 70 - the regulation of the activities of the bar is at the core of the State's power to protect the public. Indeed, this Court in Goldfarb acknowledged that "(t)he interest of the States in regulating lawyers is especially great since lawyers are essential to the primary governmental
Side 122 - We recognize that the States have a compelling interest in the practice of professions within their boundaries, and that as part of their power to protect the public health, safety, and other valid interests they have broad power to establish standards for licensing practitioners and regulating the practice of professions.
Side 70 - The right to control and regulate the granting of a license to practice law in the courts of a state is one of those powers which are not transferred for its protection to the Federal Government, and its exercise is in no manner governed or controlled by citizenship of the United States in the party seeking such
Side 69 - that the 10th Amendment * * * expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the state's integrity or their ability to function effectively in a federal system.
Side 50 - The right to control and regulate the granting of license to practice law in the courts of a state is one of those powers which are not transferred for its protection to the Federal Government, and its exercise is in no manner governed or controlled by citizenship of the United States in the party seeking such license.