ERIC Number: ED226443
Record Type: Non-Journal
Publication Date: 1982-Jun-1
Reference Count: N/A
Some Thoughts on the Practice of Preventive Law in the Public Sector.
Preventive law is needed to limit the role of the courts in public policy-making, for several reasons. The judiciary usually lacks expertise in a particular policy area, litigation is expensive and time-consuming, judicial solutions are usually too simple, and attorneys representing public agencies in the future will probably be of lower quality, since government offers lower pay than business and fewer psychic rewards than public interest law. Hence preventive law will be an important tool in helping to keep public agencies out of court. Attorneys will probably resist preventive law because it goes against their economic interests and denies them the "valiant" combat of the courtroom. Judges could help by making their opinions clearer to nonlawyers, but that is unlikely. Policy makers need to know the likely constitutionality of their legislation, so preventive law should help them. Academics need to teach preventive law in law schools so that attorneys will know how to help in policy-making. Interest in preventive law is growing, and in the future legal education for public officials should be instituted, especially in constitutional law and statutory rights. Also, attorneys for public agencies should try to be teachers to their agencies. (RW)
Publication Type: Opinion Papers
Education Level: N/A
Authoring Institution: Education Commission of the States, Denver, CO. Law and Education Center.