The Mysterious Neglect of Law in the MPA Curriculum

David H. David H. RosenbloomRosenbloom

Distinguished Distinguished Professor of Professor of Public Public AdministrationAdministration

American American University, University, School of School of Public Affairs, Public Affairs, Washington, Washington, DC 20016-8070DC 20016-8070

Law in MPA Programs

• Survey of 265 NASPAA affiliated MPA program contacts (program directors/ principal representatives) on July 27, 2008 (86 respondents):

• Roughly 40% of the responding programs offer JD-MPA degrees. In most of these programs (80%), they account for 5% or less of the enrollments.

• In about 60% of the programs a student can receive an MPA degree without taking a single law-oriented course. About 14% of the programs require students to take one law-oriented course, 5% two, and 18% three or more.

• While the majority (88%) of MPA programs offer one course with "'law," "legal," or "constitutional," in their title, about 8 % offer none.

What Law Courses Are Offered?

• In order of frequency, law-oriented courses emphasize the following:

• Administrative law (84%)

• Constitutional law (45%)

• Personnel/human resources management law (36%)

• Environmental law (17%).

Majority of Students Do Not Take Law Courses

• Where law-oriented courses are optional, the propensity of students to take them is as follows:

•Percentage taking law-oriented courses Programs #

• Less than 10% 21 (38.8%)

• 11-25% 26 (40.6%)

• 26-50% 6 (9.4%)

• 50+% 7 (12.5%)

Why Offer Law Courses?

• Respondents were asked to identify the "main reasons for offering law-oriented courses in MPA programs,” resulting in the following:

• MPA students should have knowledge of law: 77.3%

• MPA students should have the option of taking law-oriented courses: 44.8%

• There is student demand for law-oriented courses: 26.2%

• Law-oriented courses in the curriculum make it easier to recruit students: 2.4%

• MPA programs compete with law schools for students 0%

The ASPA Taskforce on Educating for Excellence in the MPA Degree (2008)

(N. Henry, C. Goodsell, L. Lynn, C. Stivers, G. Wamsley )

• …. [T]he Task Force believes that MPA education should accomplish two goals: First, transmittal of a full awareness of the broad issues of constitutionalism, politics and democratic theory that are innately embedded in the practice of public administration. . . .

• As to [this] objective, the anchor of American public administration, regardless of level of government, is the United States Constitution, along with the constitutions of the states.

• The curriculum for the MPA degree should be such that it introduces or reinforces students' understanding of their constitutionally-delegated authority . . . .

• [Public administrators are duty bound] to ensure that the terms of the public trust are fulfilled and activities within and outside the public agency are consonant with constitutional principles of individual rights, due process of law, equal protection, and the separation of powers.

Values in Public Administration (Zeger van der Wal, 2008. Value Solidity. Amsterdam, Netherlands: Vrije

University. Doctoral dissertation, p. 55) • 1. Honesty• 2. Humaneness• 3. Social justice• 4. Impartiality• 5. Transparency• 6. Integrity• 7. Obedience• 8. Reliability• 9. Responsibility• 10. Expertise• 11. Accountability• 12. Efficiency• 13. Courage• 14. Prudence• 15. Serviceability

• 16. Cooperativeness• 17. Responsiveness• 18. Dedication• 19. Effectiveness• 20. Innovativeness• 21. Lawfulness• 22. Loyalty• 23. Consistency• 24. Autonomy• 25. Suitability• 26. Representativeness• 27. Competitiveness• 28. Profitability• 29. Collegiality• 30. Self-fulfillment

Why Neglect Law?

1. Structural problem

• Doesn't lead to jobs like budget analyst or HRM specialist (lawyers)

• Too few faculty to teach it—in 32% of the programs law is taught by adjuncts or non-tenure line faculty

• Insufficient demand (Stats)?

Why Neglect Law (cont’d.)

2. Emphasis on mission based performance

• Sense that it is OK to cut corners heightened by counter-terrorism, TBS, Bush II unitary executive. branch, government by executive order and discretion.

• Leave law to the lawyers.

• Discretion v. Law.

Is There A Problem?

Discussion & Questions