This is the Cato Daily Podcast for Friday, September 19th, 2014.

I'm Caleb Brown.

Lawsuits challenging occupational licensing regimes may threaten to undo the unelected boards that currently set the terms of

competition in so many arenas at the state level.

Tim Sandifer with the Pacific Legal Foundation discusses two cases currently working their way through the courts.

Well, we're litigating a case in which my client Leslie Young, she lives in Northern California.

She runs a little business out of her home where she helps people to advertise their

homes on a for sale by owner basis.

So these people don't want to use a real estate agent, just want to sell their homes, but they

want to advertise them.

So she takes this information that they provide about their

homes, puts it into a computer database, and then other websites draw information out of that

database and publish it as advertisement so that when you go to for sale by owner.com or other websites,

you see a bunch of ads for properties for sale.

Well, unfortunately, some of the houses that were for sale were located in Nebraska.

So the Nebraska Real Estate Commission now says that she's practicing real estate without a license

and has to get a Nebraska real estate brokers license.

When really what she's doing is managing, administering a database of information on behalf

of somebody.

It's data entry and publication.

It's just, it's like, it's like putting together a classified ad to be published in a newspaper.

She's what is referred to in the trade as an advertising broker.

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