Teaching Law in Public Administration Programs

Law and Public Policy: A Gap Between Theory and Teaching?

“…We are not the first to call for a more intentional inclusion of law and legal issues in the public affairs curriculum, although much of the literature has been more focused on public administration programs than public policy programs. Hartmus (2008), Newbold (2011), and Roberts (2009) all argued for increased teaching of law in MPA programs. Their concern, however, was focused primarily on reducing liability risks rather than understanding policy making.…”

The Impact of Courts on Public Management: New Insights From the Legal Literature

“…In other words, courts allocate judicial values through their decisions (Glick & Vines, 1973). As a result, aspects of public administration education have “evolved to reflect the judicialization of public administration over the last four decades” (Roberts, 2008, p. 375). If, however, the legal literature that we survey is correct and judges have increasingly ceded control to administrators, the possibility for greater self-definition and self-determination now exists within the field.…”

“…Finally, studying the work of courts (i.e., legal reasoning) exposes students to a wide array of practical issues faced by public administrators while also helping them to manage issues of value pluralism in an increasingly diverse society. In practice, agencies regularly contend with a myriad of legal issues such as contract management; deciding whether to issue benefits, permits, and licenses; interpreting the applicability of statutes; making sensitive personnel decisions; properly handling the private information of citizens; and responding to requests under the Freedom of Information Act (see, for example, Roberts, 2008; Szypszak, 2011). Courts have established precedents in all of these areas, and a familiarity with the judicial standards involved can help administrators avoid legal pitfalls.…”