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Original Form

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Opinions differ as to the academic status of the J.D.[1]

Evidence that the J.D. is a doctoral level degree

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  • The American Bar Association, which regulates and accredits the Juris Doctor degree, authorizes holders of Juris Doctor degree to use the title "Doctor"[2][3] which is sometimes used to refer to holders of research doctorates, and some local bar associations in the United States have also issued concurring opinion statements.[4] However, one Australian academic institution has stated that, despite its name, recipients of its Juris Doctor are not entitled to use the honorific title "Doctor" at that institution.[5]
  • Some academic and professional organizations describe the J.D. distinctly as a professional doctorate.[6][7][8][9][10][11][12]
  • Like holders of research doctorate degrees, holders of the Juris doctor are issued doctoral robes in ceremonial contexts.[13][14][15]
  • The Juris Doctor is the sole graduate degree of some university presidents—a position for which universities commonly require a Ph.D.[16] or comparable[17] (i.e. terminal)[18] degree—is a J.D. (e.g. former Harvard president Derek Bok, and the presidents of Columbia[19] and Johns Hopkins universities).
  • A 1919 Association of American Universities conference described the Juris Doctor as "a strict analogue to the degree of Doctor of Medicine (M.D.), so firmly established in practice that it must be regarded as permanent..." They further noted that the J.D. was "a degree for graduates of law schools correctly corresponding the professional doctorate granted from the beginning by medical schools..." [20]

Evidence that the J.D. is not a doctoral level degree

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  • The European Research Council issues grants for scientific research. The ERC does not consider any degree besides a PhD appropriate for scientific research.[21] The U.S. Department of Labor, in their 2004 summer program, set the starting pay grade for "Ph.D. or equivalent doctoral degree OR 3 full years of progressively higher level graduate education".[22] at a higher level than for those with "Master's or equivalent graduate degree (such as LL.B., J.D.)". However, the United States Department of Justice hires J.D. holders at the same pay grade as Ph.D. holders.[23]
  • The Juris Doctor is a prerequisite for the LLM (Master of Laws) which, in turn, is a prerequisite for the SJD (Doctor of Laws), making the SJD the terminal academic degree in law. (In this respect, the Juris Doctor resembles the D.D.S., which is the prerequisite for the Master of Dental Science (M.S.D.), making the M.S.D. the terminal academic degree in dentistry.)[24][25]
  • A Washington Times reporter, in discussing a university provost whose lack of a graduate degree other than the Juris Doctor she reported caused controversy, wrote that she "holds a juris doctor degree from University of Michigan Law School -- which is equivalent to a master's degree, not a doctorate" and in a separate story that "A spokesman for Mrs. Reuben-Cooke's alma mater said her law degree is not equivalent to a doctorate."[26][27]
  • The Students' Law Society at the University of Windsor renamed their LL.B. program (an undergraduate law degree) to J.D. to modernize their terminology, and subsequently said "A Windsor Law J.D. would not be a graduate degree [but rather] an undergraduate professional degree program.".[28]
  • The Royal Melbourne Institute of Technology states that, despite its name, recipients of the Juris Doctor are not entitled to use the honorific title "Doctor" at that institution.[29] Mr. Smith, in a 2004 Deans Council Meeting at Austin Peay State University stated that the Juris Doctor is not a doctorate and not a terminal degree.[30]
  • One educational researcher has stated that the J.D. is not a doctorate.[31]

My Rewrite

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Shortly after its inception in the United States, the Juris Doctor degree was described by the Association of American Universities as "a strict analogue to the degree of Doctor of Medicine (M.D.), so firmly established in practice that it must be regarded as permanent" and "a degree for graduates of law schools correctly corresponding the professional doctorate granted from the beginning by medical schools." [32] Many academic and professional organizations describe the J.D. distinctly as a professional doctorate.[33][34][35][36][37][38][39] The American Bar Association, which accredits U.S. law schools, issued a Council Statement that a J.D. is equivalent to the PhD for educational and employment purposes [40] https://www.abanet.org/legaled/accreditation/Council%20Statements.pdf and further authorizes holders of Juris Doctor degree to use the title "Doctor"[41][42] which is sometimes used to refer to holders of research doctorates, and some local bar associations in the United States have also issued concurring opinion statements.[4] In ceremonial contexts, Juris Doctor holders wear doctoral robes.[13][14][15] In some cases, the Juris Doctor is the sole postgraduate degree of some university presidents - a position for which most universities require a PhD.[43] or comparable[17] (i.e. terminal)[44] degree. (e.g. former Harvard president Derek Bok, and the presidents of Columbia[45] and Johns Hopkins universities).

However, authors such as Kaoma Mwenda and Gerry Nkombo Muuka have challenged the "academic rank" of the JD in recent years. In their book, The Challenge of Change in Africa's Higher Education in the 21st Century, they assert that the J.D. is not a doctorate.[1] Mwenda and Muuka note that the Juris Doctor is a prerequisite for the LLM (Master of Laws) which, in turn, is a prerequisite for the SJD (Doctor of Laws), making the SJD the terminal academic degree in law. (In this respect, the Juris Doctor resembles the D.D.S., which is the prerequisite for the Master of Dental Science (M.S.D.), making the M.S.D. the terminal academic degree in dentistry.)[46][47]

In 2003, an anonymous Washington Times article reported on the controversy surrounding Wilhelmina M. Reuben-Cooke's appointment as the University of the District of Columbia's provost. The reporter wrote that the candidate "holds a juris doctor degree from University of Michigan Law School -- which is equivalent to a master's degree, not a doctorate" and in a separate story that "A spokesman for Mrs. Reuben-Cooke's alma mater said her law degree is not equivalent to a doctorate."[48][27][49] President Pollard defended Reuben-Cook, stating that "logic and reason" require that the J.D. is a doctorate and is sufficient to support this appointment.[50]

Juris Doctor holders, in the context of the United States government, are sometimes paid differently depending on their position. For example, the U.S. Department of Labor, in their 2004 summer program, set the starting pay grade for "Ph.D. or equivalent doctoral degree OR 3 full years of progressively higher level graduate education".[51] at a higher level than for those with "Master's or equivalent graduate degree (such as LL.B., J.D.)". However, the United States Department of Justice hires J.D. holders at the same pay grade as Ph.D. holders.[52]

The Juris Doctor degree has developed differently in Commonwealth countries. The University of Windsor in Canada changed the name of their undergraduate degree (LL.B.) to Juris Doctor to make the degree more marketable in the United States. The Student's Law Society remarked that their JD would remain an undergraduate professional degree program.[53] The Royal Melbourne Institute of Technology in Australia said that recipients of the Juris Doctor are not entitled to use the honorific title "Doctor" at that institution.[54] A dean in a 2004 Deans Council Meeting at Austin Peay State University in Australia stated that the Juris Doctor is not a doctorate and not a terminal degree.[55]

Furthermore, the European Research Council requires that the recipients of scientific research grants must have a PhD and no other degree would be acceptable.[56]

RFC Results

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On April 28, 2010, I opened an RFC for the bulletpoint section above. Here is a summary of all responses from outside editors:

Oppose - "As a side note, a lot of the sources used seem to be tangential at best" - 71.202.205.242

Oppose - Section should be "completely removed" - VernoWhitney

Oppose - Section is "patently ridiculous" - Sawagner201

Oppose - The debate is "asinine" - Varus2319

Oppose - "Pretending that a Juris Doctor, or Doctor of Laws, is anything but a doctorate is absurd. Looking at this debate from the outside, I can't help but wonder if the editors who seem intent on diminishing the JD have some pride vested in this matter." - 69.22.124.84

Oppose - "The J.D. clearly is a doctorate. To have a section that has "evidence" to the contrary is misleading and inaccurate." - 12.2.216.198

In short, every single outside editor who responded to the RFC stated that the bulletpoint section should be removed, and in some cases, that the entire debate is absurd and contrived. Other than a couple stubborn holdouts, there is massive opposition to this section, and outside editors unanimously agree that it's absurd.

As for established editors, from what I can tell, the only editors which support this section are JJL, Wikiant, and Viscountrapier. They are opposed by Deep Purple Dreams, Maverikk, SK75, Zoticogrillo, aigiqinf, Lawman15, UrbanisTO, Intelligirl, Sundayschild58, and many more, including several more IPs. What it boils down to is that over two dozen editors agree that this section is inappropriate, yet only three edit war to keep it in the article. This is a prime example of Wikipedia is not supposed to work. There is clear consensus against the inclusion of this section.

References

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  1. ^ a b Kenneth Kaoma Mwenda, Gerry Nkombo Muuka (eds.), "The Challenge of Change in Africa's Higher Education in the 21st Century", Cambria Press (2009) [1]; see esp. Mwenda's comments on pp. 87–88, in the section labeled "The Academic Rank of a JD" and the quoted material from Pappas immediately preceding it.
  2. ^ American Bar Association. Model Code of Professional Responsibility, Disciplinary Rule 2-102(E). Cornell University Law School, LLI. Accessed February 10, 2009.
  3. ^ Peter H. Geraghty. Are There Any Doctors Or Associates In the House?. American Bar Association, 2007.
  4. ^ a b Cite error: The named reference Opinion 88-2 was invoked but never defined (see the help page).
  5. ^ RMIT University, Postgraduate Program in Juris Doctor
  6. ^ Association of American Universities Data Exchange. Glossary of Terms for Graduate Education. Accessed May 26, 2008.
  7. ^ National Science Foundation (2006). "Time to Degree of U.S. Research Doctorate Recipients," "InfoBrief, Science Resource Statistics" NSF 06-312, 2006, p. 7. (under "Data notes" mentions that the J.D. is a professional doctorate).
  8. ^ San Diego County Bar Association (1969). "Ethics Opinion 1969-5". Accessed May 26, 2008. (under "other references" discusses differences between academic and professional doctorate, and statement that the J.D. is a professional doctorate)
  9. ^ University of Utah (2006). University of Utah – The Graduate School – Graduate Handbook. Accessed May 28, 2008. (the J.D. degree is listed under doctorate degrees),
  10. ^ German Federal Ministry of Education. "U.S. Higher Education / Evaluation of the Almanac Chronicle of Higher Education". Accessed May 26, 2008. (report by the German Federal Ministry of Education analyzing the Chronicle of Higher Education from the U.S. and stating that the J.D. is a professional doctorate).
  11. ^ Encyclopedia Britannica. (2002). "Encyclopedia Britannica", 3:962:1a. (the J.D. is listed among other doctorate degrees).
  12. ^ http://www.globecampus.ca/in-the-news/globecampusreport/why-change-to-a-jd-degree/
  13. ^ a b Haycraft, Frank W (1927). The Degrees and Hoods of the World's Universities & Colleges. London: Cheshunt Press. Cite error: The named reference "haycraft1927" was defined multiple times with different content (see the help page).
  14. ^ a b Lackmiller, D (1969). Scholars on Parade: Colleges, Universities, Costumes and Degrees. New York: MacMillan. Cite error: The named reference "lackmiller1969" was defined multiple times with different content (see the help page).
  15. ^ a b American Council on Education (2008). "American Costume Code & Ceremony Guide". Retrieved 2008-05-25. Cite error: The named reference "ace2008" was defined multiple times with different content (see the help page).
  16. ^ See University of Utah Academic Senate, Senate Summary, 11/3/03, vol. 34 n. 3, p. 2 (3rd full paragraph). Ohio University Presidential Position Description. Ohio University. Accessed February 20, 2009. Presidential Search. Stony Brook University. Accessed February 22, 2009. Presidential Candidate Search. University of South Carolina. Accessed February 22, 2009.
  17. ^ a b Cite error: The named reference Council Statement 2 was invoked but never defined (see the help page).
  18. ^ For another example of the J.D. being considered a terminal degree for purposes of an academic appointment, See http://web.archive.org/web/20080111070646/http://www.walsh.edu/faculty-23.htm
  19. ^ http://www.law.columbia.edu/fac/Lee_Bollinger
  20. ^ http://books.google.com/books?id=Jb6gAAAAMAAJ&pg=PA79&dq=%22professional+doctorate%22+%22juris+doctor%22&lr=&as_brr=4&cd=1#v=onepage&q=%22professional%20doctorate%22%20%22juris%20doctor%22&f=false
  21. ^ PhD and Equivalent Doctoral Degrees: The ERC Policy
  22. ^ United States Department of Labor
  23. ^ United States Department of Justice
  24. ^ Yale Law School, Admission Requirements for J.S.D
  25. ^ Comparing American and British Legal Education Systems: Lessons for Commonwealth African Law Schools, Kenneth K. Mwenda, Cambria Press. [2]
  26. ^ [3]
  27. ^ a b [4]
  28. ^ http://cronus.uwindsor.ca/clubs/sls/slsmain.nsf/54ef3e94e5fe816e85256d6e0063d208/10ff8b04ff3a317885256d88005720f6/$FILE/Report%20from%20the%20JD%20Degree%20Designation%20Committee%20-%20March%202009.pdf Student Law Society
  29. ^ RMIT University, Postgraduate Program in Juris Doctor.[5],
  30. ^ Austin Peay State University, Minutes of Deans Council Meeting, July 28, 2004. [6],
  31. ^ Kenneth Kaoma Mwenda, Gerry Nkombo Muuka (eds.), "The Challenge of Change in Africa's Higher Education in the 21st Century", Cambria Press (2009) [7], p. 88: "We have now seen that some commentators hold the view that a JD is not a doctorate." He continues to argue in favor of this position, and on p. 89 he questions whether the J.D. can even be considered a professional doctorate. See also Kenneth Kaoma Mwenda, "Comparing American and British legal education systems: lessons for Commonwealth African Law Schools", Cambria Press (2007) [8].
  32. ^ http://books.google.com/books?id=Jb6gAAAAMAAJ&pg=PA79&dq=%22professional+doctorate%22+%22juris+doctor%22&lr=&as_brr=4&cd=1#v=onepage&q=%22professional%20doctorate%22%20%22juris%20doctor%22&f=false
  33. ^ Association of American Universities Data Exchange. Glossary of Terms for Graduate Education. Accessed May 26, 2008.
  34. ^ National Science Foundation (2006). "Time to Degree of U.S. Research Doctorate Recipients," "InfoBrief, Science Resource Statistics" NSF 06-312, 2006, p. 7. (under "Data notes" mentions that the J.D. is a professional doctorate).
  35. ^ San Diego County Bar Association (1969). "Ethics Opinion 1969-5". Accessed May 26, 2008. (under "other references" discusses differences between academic and professional doctorate, and statement that the J.D. is a professional doctorate)
  36. ^ University of Utah (2006). University of Utah – The Graduate School – Graduate Handbook. Accessed May 28, 2008. (the J.D. degree is listed under doctorate degrees),
  37. ^ German Federal Ministry of Education. "U.S. Higher Education / Evaluation of the Almanac Chronicle of Higher Education". Accessed May 26, 2008. (report by the German Federal Ministry of Education analyzing the Chronicle of Higher Education from the U.S. and stating that the J.D. is a professional doctorate).
  38. ^ Encyclopedia Britannica. (2002). "Encyclopedia Britannica", 3:962:1a. (the J.D. is listed among other doctorate degrees).
  39. ^ http://www.globecampus.ca/in-the-news/globecampusreport/why-change-to-a-jd-degree/
  40. ^ "Council Statements" (PDF). American Bar Association.
  41. ^ American Bar Association. Model Code of Professional Responsibility, Disciplinary Rule 2-102(E). Cornell University Law School, LLI. Accessed February 10, 2009.
  42. ^ Peter H. Geraghty. Are There Any Doctors Or Associates In the House?. American Bar Association, 2007.
  43. ^ See University of Utah Academic Senate, Senate Summary, 11/3/03, vol. 34 n. 3, p. 2 (3rd full paragraph). Ohio University Presidential Position Description. Ohio University. Accessed February 20, 2009. Presidential Search. Stony Brook University. Accessed February 22, 2009. Presidential Candidate Search. University of South Carolina. Accessed February 22, 2009.
  44. ^ For another example of the J.D. being considered a terminal degree for purposes of an academic appointment, See http://web.archive.org/web/20080111070646/http://www.walsh.edu/faculty-23.htm
  45. ^ http://www.law.columbia.edu/fac/Lee_Bollinger
  46. ^ Yale Law School, Admission Requirements for J.S.D
  47. ^ Comparing American and British Legal Education Systems: Lessons for Commonwealth African Law Schools, Kenneth K. Mwenda, Cambria Press. [9]
  48. ^ [10]
  49. ^ "At Michigan, the Juris Doctor is not the same as a traditional higher-education doctorate degree, such as a Ph.D."
  50. ^ http://www.washingtontimes.com/news/2003/aug/05/20030805-113408-9575r/?page=1
  51. ^ United States Department of Labor
  52. ^ United States Department of Justice
  53. ^ http://cronus.uwindsor.ca/clubs/sls/slsmain.nsf/54ef3e94e5fe816e85256d6e0063d208/10ff8b04ff3a317885256d88005720f6/$FILE/Report%20from%20the%20JD%20Degree%20Designation%20Committee%20-%20March%202009.pdf Student Law Society
  54. ^ RMIT University, Postgraduate Program in Juris Doctor.[11],
  55. ^ Austin Peay State University, Minutes of Deans Council Meeting, July 28, 2004. [12],
  56. ^ PhD and Equivalent Doctoral Degrees: The ERC Policy
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