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Law Practice,
State Bar & Bar Associations

Aug. 24, 2017

Democracy 101 and the State Bar of California

The State Bar of California is controlled by what the U.S. Supreme Court calls “active market participants” in the profession regulated. The court held in its 2015 North Carolina State Board of Dental Examiners v. FTC decision that such a body does not enjoy any “sovereign status” for purposes of federal antitrust liability.

Robert C. Fellmeth

Price Professor of Public Interest Law
University of San Diego School of Law

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The State Bar of California is controlled by what the U.S. Supreme Court calls “active market participants” in the profession regulated. The court held in its 2015 North Carolina State Board of Dental Examiners v. FTC decision that such a body does not enjoy any “sovereign status” for purposes of federal antitrust liability. It is a cartel structure that is legally precluded from such a role. Further, the “supply control” of entry licensure requires such sove...

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