Master of Laws
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The Master of Laws is an advanced academic degree, or research degree,[1] and is commonly abbreviated LL.M. (also LLM or LL.M) from its Latin name, Legum Magister. (For female students, the less common variant Legum Magistra may also be used.) The LL.M. degree is a course of specialized research pursued after earning a first degree in law (such as a LL.B., B.C.L. or J.D.).
Background on legal education in common law countries
In order to become a lawyer and practice law in most states and countries, a person must first obtain a first law degree. While in most common law countries a Bachelor of Laws (or LL.B.) is required, the U.S. requires a graduate Juris Doctor degree to practice law.
If a person wishes to gain specialized knowledge through research in a particular area of law, he or she can continue his or her studies after an LL.B or J.D. in an LL.M. program. The word legum is the genitive plural form of the Latin word lex, which means "of the law". When used in the plural, it signifies a specific body of laws, as opposed to the general collective concept embodied in the word jus, from which the words "juris" and "justice" derive.
The highest research degree in law is the S.J.D. (or J.S.D., depending on the institution), and it is equivalent to the Doctorate of Philosophy in Law (PhD or DPhil depending on the law school in UK) or the Doktor in Rechtswissenschaft (Dr.iur.) in Germany. There are also variant doctoral degrees, such as the D.C.L. (Doctor of Civil Law) degree bestowed by McGill University in Montreal. Most schools require an LLM before admission to a SJD or a PhD in law degree program. Like the PhD, the SJD degree generally requires a dissertation that is graded (often by two graders), orally defended (by an exam known as Viva) and then often published as a book or series of articles.
"Doctor of Laws" (LL.D.) degree in the United States of America is usually a 'honorary' degree. The real research doctorate in the field of law in the United States of America is called "Doctor of Juridical Science" or in its latin expression-"Scientiae Juridicae Doctor" (S.J.D.), which is the most advanced degree in the field of law in the United States of America and equivalent to a Ph.D. in other field.
International situation
In most countries, lawyers are not required to hold an LL.M degree, and many choose not to obtain one. In fact, the education systems of most countries did not traditionally include LL.M. programs.
Historically, the LL.M. degree is an element particular to the education system of English speaking countries, which is based on a distinction between Bachelor's and Master's degrees. Over the past years, however, specialized LL.M. programs have been introduced in many European countries, even where the Bologna process has not yet been fully implemented.
Types of LL.M. degrees
There is a wide range of LL.M. programs available worldwide, allowing students to focus on almost any area of the law. Most universities offer only a small number of LL.M. programs. One of the most popular LL.M. degrees in the United States is tax law, sometimes referred to as an MLT (Master of Laws in Taxation). Another developing area is bankruptcy law. In Europe LL.M. programs in European law are recently very popular, often referred to as LL.M. Eur (Master of European Law). Other common programs include environmental law, human rights law, commercial law, intellectual property law, information technology law, estate planning (as a sub-specialty of tax), international law, maritime law, trial advocacy and insurance law. Chapman University School of Law, in Orange, California, offers an innovative LL.M. in Prosecutorial Sciences. Open only to active prosecutors with at least five years experience, this first of its kind program was reviewed and received "acquiescence" from the ABA in 2007. Some LL.M. programs, particularly in the United States, focus on teaching foreign lawyers the basic legal principles of the host country (a "comparative law" degree). Moreover, some programs are conducted in more than one language (e.g. LLM in Europa-Institut in Saarbruecken, Germany, were students have the possibility of undertaking courses in German and/ or English). Most LL.M. programs require a thesis.
Requirements
LL.M. programs are usually only open to those students who have first obtained a first degree in law . There are exceptions to this but an undergraduate degree or extensive experience in a related field is still required. Full-time LL.M. programs usually last one year and vary in their graduation requirements. Most programs require students to write a thesis, some do not. Some programs are research oriented with little classroom time (similar to a M.Phil.), while others require students to take a set number of classes (similar to a taught degree or M.Sc.).
LL.M. degrees are often earned by students wishing to develop more concentrated expertise in a particular area of law. Pursuing an LL.M. degree may also allow law students to build a professional network. Some associations provide LL.M. degree holders with structures designed to strengthen their connections among peers and to access a competitive business environment.
Australian approach
In Australia, the LLM is open to law graduates. However, while the majority who enroll are legal practitioners, this is not a pre-requisite for entry. The shortage of graduate program/articles places has resulted in some LLB graduates proceeding directly to an LLM course prior to seeking graduate employment.
United Kingdom approach
In the United Kingdom, an LLM programme is open to those holding a recognised legal qualification, generally an undergraduate degree in Laws or a CPE. They do not have to be or intend to be legal practitioners. An LLM is not always a sufficient qualification in itself to practice as a solicitor or barrister but is an opportunity to gain specialist knowledge of a particular area of law and/or an understanding of the legal systems of other nations. As with other degrees, an LLM can be studied on a part-time basis at many institutions and in some circumstances by distance learning.
Some institutions allow those without legal qualifications onto their LLM programme although there are still minimum educational requirements, such as an undergraduate degree, or evidence of substantial professional experience in a related field. Examples of such institutions include the University of London External System which has been offering LLM studies to both LLB and non-law graduates since 1925 [1], the University of Edinburgh (LLM degree by distance learning [2]) and the University of Leicester [3]. In addition, Queen's University offers an LLM suite, accessible to legal and social science graduates, leading to specialisms in sustainable development, corporate governance, devolution or human rights.
Indian approach
In India, the thrust of legal education is on the undergraduate law degrees with most of those opting for the undergraduate law degree either going forward to enroll themselves with the Bar Council of India and start practicing as Advocates or giving legal advice without being eligible to appear in courts (a consequence of non-enrollment). Similar to the United Kingdom, a Masters degree in Law in India is basically opted by those looking forward to either join the academia and teaching profession or to specialize in particular areas of law. Traditionally the most popular areas of specialization in these Masters degrees in law in India have been constitutional law, family law and taxation law. However with the established of specialized law Universities in India since 1987, much emphasis is being given at the Masters level of legal education in India. With the establishment of these universities, focus in specialization has been shifted to newer areas such as intellectual property law, international trade law etc.
United States of America (U.S.A.) approach
The LL.M. programs in the United States of America have many unique characteristics. In the U.S., legal training is a professional doctorate program, therefore the first law degree in the U.S. is the Juris Doctor. Admittance to a LL.M. program at an American Bar Association accredited institution requires a law degree. The degree can be a professional degree, such as a Juris Doctor, or a bachelors law degree such as a LL.B. from a commonwealth country. This leads to the unusual situation in which graduates from a U.S. institution are required to possess a doctorate before pursuing the masters, since there is no other first law degree in the U.S. However, the LL.M. is an academic program, and the J.D. is a professional program, therefore they cannot be placed in a hierarchy, since they are two different programs. The J.D. requires a B.A., so U.S. law students must obtain two degrees before obtaining a LL.M. Also, for law students educated in the U.S., the LL.M. is the first academic law degree.
As the first graduate academic degree in law in the U.S., the LL.M. is commonly part of the path for those who wish to become law professors. While the LL.M. is not a requirement for becoming a tenured professor, many professors hold an LL.M.
An LL.M. degree from an ABA-approved law school also allows a foreign lawyer to become eligible to apply for admission to practice in certain states, such as New York. With regard to admitting foreign-educated lawyers to state bars, the United States has disparate rules. Two of the larger states, New York and California, take different paths. New York allows foreign lawyers to sit for the New York bar exam once they have completed a minimum of twenty credit hours (generally, within an LL.M. program, but not necessarily) at an ABA approved law school involving at least two basic subjects tested on the New York bar exam. In addition, foreign lawyers from civil law countries have to present that they attended at least three years of law studies in their home countries. Lawyers from common law countries face more lenient restrictions. California, on the other hand, allows students who have not completed a three-year legal degree program in United States law (or, in very rare circumstances, an apprenticeship) to sit for its bar exam after completing an LL.M. in Comparative Law from an ABA approved law school. The culmination of the two must equal four years of legal study. Other states are similar to California in requiring an LL.M. to be taken by foreign lawyers in order to take the bar exam.
As of 2008, there is also an LL.M. in international law offered by a non-law school, namely the Fletcher School of Law and Diplomacy.
The LL.M. is a prerequisite for admittance to a program pursuing a "Doctor of Juridical Science" or in Latin, "Scientiae Juridicae Doctor" (S.J.D.), which is the most advanced research degree in the field of law in the U.S.
L.L.M. Programs Around the World by area of Coverage
United States
Admiralty Law
Corporate Law
- New York University Law School
- Cumberland School of Law (Samford University)
- Stanford University Law School
Criminal Law
University of Buffalo Law School
Elder Law
Western New England College School of Law
Environmental Law
Estate Planning
Western New England College School of Law
Health Law
Intellectual Property
- George Washington University School of Law
- Franklin Pierce Law Center
- The John Marshall Law School
- Santa Clara University School of Law
- Stanford Law School (Law Science & Technology)
- Michigan State University College of Law
International Development
University of Washington School of Law
International Law
- University of Notre Dame Law School
- Temple University School of Law
- University of Houston School of Law
- Albany Law School
Tax Law
- George Washington Law School
- Loyola Law School, Los Angeles
- New York University Law School -- Offers both traditional studies on campus and distance LL.M. training for experienced tax professionals through video conferencing technology.
- University of Baltimore School of Law
- University of Florida Levin College of Law
- University of Miami School of Law
- University of Washington School of Law
International Tax & Finance Law
- Harvard University Law School
- Thomas Jefferson School of Law -- The program also allows specialization in U.S. taxation depending on the courses taken. The Walter H. and Dorothy B. Diamond International Tax Program at the Thomas Jefferson School of Law in San Diego was the first program of its kind to offer an exectutive tax LL.M. cirriclum from an ABA accredited law school through the use of video conferencing, Webinar, and "megameeting" classroom/study group technologies. This idea was later adopted by New York University and other executive tax LL.M. programs.
- University of Florida Levin College of Law
See also
References
- ^ University of Edinburg, School of Law. PhD Programme and Other Research Degrees. Accessed June 23, 2008.