03-12-2012, 07:59 AM
(03-12-2012, 07:01 AM)Virtual Bison Wrote:(03-10-2012, 08:56 PM)Really? Wrote: I think that's why you don't see it happening. The users don't go to jail, just the sellers. (If that were the same for the "war on drugs" our prisons would empty out, too.)For all practical purposes you are correct. However if you do read the various laws which exist, particularly the one in Texas which seems to be the harshest of all, it acually provides for penalties for individuals who attemt to "use" degrees which the state deems fraudulent.
Of course this practically unenforceable since its vague and begs the question of just what is fraduulent. In some states, I believe Mississippi being the best example, Universities can get licenses to operate based of very minimal (if any) qualifications. California is also pretty lax though some laws are changing this. But my question would be whether it would be consitutional for a state to determine that a degree approved by another state is legal. There are some important issues to consider here.
This may be that, while many public officials and public sector employees are sanctioned for using such degrees on applications, you almost never hear of actual convictions of individuals. The only rare times you do is when someone commits an outrageous action like claiming to have a professional license when they do not. But I see that more as an issue of claiming something you do not have. Even if I have an accredited Medical Degree, I still cannot call myself a doctor and treat people unless I pass the state license, server a residency and so on.
Many graduated of Engineering schools (including accredited ones) cannot use the title of "Professional Engineer" unless they pass the PE exam.
Yeah, going after every person who does this is not only practical, it might not serve a public interest. And even if it does, it would be dwarfed by the expense necessary to carry it off.
I like the idea of protecting the public with licensure around the professions that have the most potential to abuse the public if charlatans are allowed to practice. The rest can be handled by civil and private means.
I think both Texas and Oregon over-reach.