Public Policy Placements

Introduction

Policy underlies much of how law is understood and enacted. Indeed, law can be thought of as a “big P” type of policy. In this section, we examine a particular type of policy – public policy. Unfortunately, the study of public policy is often confined to courtroom procedures and statutory interpretation. This narrow focus can lead students to overlook the profound influence that law has as a driving force within our broader economic and social systems. Public policy is a dynamic tool that shapes societies and molds our collective future. Recognizing the expansive nature of public policy, and its integral role in legal education, is essential. Clinic and externship opportunities are crucial for developing lawyers who are not only skilled in litigation and legal analysis but are also adept at navigating and influencing the complex tapestry of public policy that underlies all legal frameworks.

Understanding Public Policy & Law

Public policy is comprised of the decisions and actions taken by a government, whether acting on or refraining from specific measures. These decisions, inherently political, often manifest as laws and regulations designed to address societal needs, such as enhancing public safety, health, or economic stability. Laws serve as the concrete expressions of public policy, transforming abstract goals into enforceable norms. This creation of law is fundamentally a policymaking process where legislators integrate societal demands and policy aims into legal texts. Every legal enactment thus stems from policy decisions, with profound implications for society.

Courts also play a crucial role in shaping policy through their interpretations of law. For example, the Supreme Court of Canada’s rulings in cases like Irwin Toy v. Quebec and Ford v. Quebec have set significant precedents. These cases illustrate how judicial decisions can expand or constrain policy by interpreting the legality of legislation, such as restrictions on advertising and language use on signs, under the Canadian Charter of Rights and Freedoms.

Judges and lawyers often act as policy makers through their interpretation and applications of the law. Viewing law as a formalized policy underscores its dynamic nature, evolving with shifts in societal values, technology, and political contexts.

Law, as a formalized type of policy, continuously interacts with societal values, shaping and being shaped by them. Experts like Alexander and Lewis (Damon Alexander & Jenny M. Lewis, Making Public Policy Decisions: Expertise, Skills and Experience (Melbourne: Melbourne University Publishing, 2019)) highlight the skills necessary for effective policy decision-making—analytical abilities, negotiation, and communication. This includes the ability of people to navigate the legal frameworks that shape policy options and constraints. 

Situating Policy Placements

Policy-type placements in law schools offer invaluable opportunities for students to directly apply their legal knowledge to the creation and reform of public policy. These placements typically involve collaboration with government agencies, nonprofits, or advocacy groups, providing a practical framework for students to engage in policy analysis, development, and implementation. The integration of these experiences into legal education represents a significant departure from traditional approaches, emphasizing active participation in legislative processes and societal advocacy. For instance, students engaged in environmental law clinics may draft policies for sustainable land use and initiate climate action plans. Similarly, those in health-related placements, such as hospital legal departments, play crucial roles in addressing legal aspects of healthcare policy.

In law school clinical learning settings in Australia, the “promotion of law and policy reform” is considered one of the most “essential aspects of community legal center work.” (Evans, Adrian Hellier, Australian Clinical Legal Education: Designing and operating a best practice clinical program in an Australian law school, (ANU Press, 2017) at pp. 97-122). In Australia, the intersection of public policy and the law is viewed as a key component in promoting access to justice.

Policy-based placements are unique because they allow “students a close-up view of how policy is developed, of the choices a government must make, and of the ways in which law reform issues are prioritized.” (Evans). In the United States, clinical placements at the intersection of policy and law, such as those at Georgetown University Law Center, are vital for developing community lawyering. Jennifer Li, an adjunct Professor of Law at Georgetown, emphasizes the necessity for a diverse skill set in areas like transactional work, litigation, and community economic development. She notes that “policy lawyers wear many hats,” and discusses how her students leverage synergies between policy and transactional law clinics to offer an interdisciplinary approach that addresses both immediate and long-term legal needs (Jennifer Li, “Teamwork Makes the Dream Work: Improving Community Lawyering through aPolicy and Transactional Law Clinic Partnership” (2023) 30:1 Clinical L Rev 187). 

Li highlights the importance of a policy-oriented perspective in law, particularly for providing sustained policy support alongside short-term legal guidance. Effective policy lawyering, especially at the local level, focuses on building relationships with key stakeholders, including residents and representative organizations, which is essential for advancing social justice movements. Such clinics often have extensive networks, enhancing their impact within the communities they serve. This integrated approach allows students to be proactive in their policy advocacy, applying their legal training holistically across various scales. Li points out that there are a number of studies that speak to how such experiences are crucial for helping future lawyers understand the influence of race on the legal and policy experiences of clients. This perspective demands a proactive approach in legal practice and education, advocating for laws that respond adaptively to challenges and opportunities. It reinforces the vital role of legal professionals not only as interpreters but also as active participants in policy formulation and evaluation, shaping the policy landscape through their legal expertise. (Jennifer Li, “Teamwork Makes the Dream Work: Improving Community Lawyering through a Policy and Transactional Law Clinic Partnership” (2023) 30:1 Clinical L Rev 187).

Alex and Jim Freeman further comment on this topic in the American context, noting that there is a disconnect between conventional legal training and the skills needed by law students eager for a future engaging in “movement lawyering”, where they hope to influence policy and supportlow income communities of color among others (Alexi Nunn Freeman & Jim Freeman, “It’s about Power, Not Policy: Movement Lawyering for Large-Scale Social Change” (2016) 23:1 Clinical L Rev 147). Marcy Karen has also written on this topic, stating that there are a number of benefits to training law students in policy advocacy as “ lawyers play key roles in the drafting, revising, negotiation, and advocacy related to legislation, regulation, and interpretations of both.” In discussing the University of North Dakota Law Clinic, she speaks of how when students engage in policy advocacy, it “enables them to develop an understanding of community legal needs… and the skills necessary to apply their legal education to address them.” Further she states how the “early introduction to law students of real life cases connecting to policy helps them appreciate the natural linkage between distinct advocacy methods.” It is crucial for law school clinic supervisors to recognize and accept “that the students role in selecting policy projects may be different” and that “despite efforts demonstrating that policy work …. is legal work, some law professors, lawyers, students and others need to be (re)trained and pushed to expand their understanding of legal work. She elaborates on this stating that “knowing when to enter into policy discussions to effect change, and being able to represent clients in these interacting processes in hopes of influencing, developing, or drafting policy are forms of public service” thatought to be recognized. She states that by “ incorporating this work into the law school structure will prevent the marginalization of policy training and combat the feeling by some that policy analysis is not a legal skill.” (Marcy L. Karin & Robin R. Runge, “Toward Integrated Law Clinics That Train Social Change Advocates” (2011) 17:2 Clinical L Rev 563.)

These experiences are transformative for law students, broadening their perspectives on the potential of legal careers. They emerge not just as lawyers trained to navigate the complexities ofthe law but as policy advocates and shapers capable of driving significant societal advancements. Engaging in policy-type placements prepares students for a range of professional roles that require a keen understanding of how law intersects with public policy and the ability to effectively advocate for meaningful change.

The Work of a Lawyer in Policy

Lawyers in public policy go beyond courtroom litigation and contract negotiations to shape legislation and advocate for societal change. Their work is crucial in crafting policy proposals, analyzing legislative impacts, and ensuring compliance with legal frameworks. By interpreting laws to inform policy decisions, lawyers play an active role in designing laws that effectively achieve societal goals.Lawyers also advocate for underrepresented communities, pushing for reforms and voicing concerns to influence broad legal and social changes. Their work spans diverse areas, including environmental regulation, healthcare, education reform, and civil rights, all of which depend on the mutable nature of policy driven by human decision-making and evolving societal values.Unlike traditional case law, which is retrospective, policy lawyering is proactive, focusing on anticipating issues and developing solutions before they escalate into disputes. This forward-looking approach allows lawyers to address societal challenges at their roots, potentially preventing legal conflicts and fostering a more just society.

The Educational Gap and Need for Exposure

Traditional law school curricula often emphasize case law, legal analysis, and procedural training, which leaves a significant gap in hands-on policy-oriented education. This oversight limits students’ exposure to the practical aspects of policy-making and its broad societal impacts, a crucial area where many key societal changes are initiated and debated.

The lack of practical training in these areas means new lawyers often lack the tools to effectively influence policy. They may grasp the theoretical aspects of law but fall short in navigating the complex policy environmentBy integrating more policy-oriented placements into their curricula, law schools can bridge this educational gap, better preparing students to advocate for and implement meaningful societal changes. This change not only enhances the quality of legal education but also enriches the profession’s contribution to society.

Making the Case for Policy-Focused Clinics and Externships

Policy-focused clinics and externships stand as critical components in the legal education ecosystem, bridging theoretical knowledge with practical skills in real-world settings. The practical benefits of engaging in these placements are profound and multifaceted, underlining their necessity in contemporary legal education.In policy-type placements students gain practical skills in drafting legislation, understanding regulatory frameworks, and developing advocacy strategies that are not typically emphasized in standard law curricula. Moreover, these placements foster a deeper understanding of how laws affect communities, providing students with the opportunity to see the direct impact of their work. Through direct engagement with policy issues, students learn how to advocate for legislative changes, represent underrepresented communities, and negotiate with various stakeholders in the policy arena. These experiences enhance students’ abilities to think critically and creatively about how to tackle complex legal and societal issues, making them valuable assets in any legal setting

Embracing the Future of Legal Education

The case for incorporating policy-focused clinics and externships into legal education is not just compelling; it’s essential. These programs do more than equip law students with essential skills; they transform the way students perceive the law’s role in society and their part within it. As law schools expand their offerings to include more public policy opportunities, they open doors for students to engage in meaningful work that has the power to shape communities and influence national policies. For students standing on the threshold of their legal career, consider the immense benefits of engaging in policy-focused placements. These opportunities are your gateway to becoming a well-rounded professional who understands both the theory and practice of law. They are a chance to make a difference in the world by applying your skills where they are most needed. Engage in these experiences with the intent to learn, to challenge, and to change. The skills you develop here will define your career and your ability to effect positive change.Embrace these opportunities with enthusiasm and a sense of responsibility. The future of law and policy is in your hands. Be a part of this dynamic field, and help steer the direction of your society and the wider world towards greater fairness, justice, and innovation.