New Public Law explores how policy is transformed into law. Legislators and administrators see law as a tool for achieving policy objectives. While many less formal devices are used to achieve policy objectives, most major administrative or legislative initiatives are embodied in formally enacted rules. The goal of New Public Law is to provide a theoretical framework for how policy is translated into law.
Law schools were pure trade schools
The idea that law schools were once pure trade schools is somewhat out of fashion these days. In fact, few law schools in the United States have tried to teach students practical skills. Instead, they have tried to teach students about a range of disciplines from the standpoint of law and economics.
Legal scholarship is a branch of social science
The origins of legal scholarship date to the thirteenth century, and its practice emerged concurrent with the formation of European universities. The field began to use social scientific methods to study social issues in the legal realm. These techniques included surveys and other data sources to better understand law.
It must be recognizable as law to existing legal scholars
For a new law to be recognized as law, it must satisfy certain essential criteria. It must be accessible and understandable to the public and legal scholars. New law is often highly technical and complicated, and laypeople may require professional advice to interpret it. Access to law is critical to the Rule of Law, as legal institutions should protect the rights of ordinary people and settle disputes. In addition, they should be transparent and operate with integrity.
It must address the realities of the administrative state
The administrative state comprises the federal agencies within the executive branch that issue regulations with the force of law. These agencies also operate independently of the presidency, which has raised questions about their independence. The attack on the administrative state has been driven by organized interests. It has focused on workers, racial and gender minorities, and businesses in subtle ways. Moreover, the threat of privatization has co-existed with the emergence of a new bureaucratic state.