Master of Laws
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The Master of Laws is an advanced academic degree, or research degree, 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.).
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[edit] 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 J.S.D. (or S.J.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 JSD or a PhD in law degree program. Like the PhD, the JSD 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.
[edit] 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.
[edit] 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. 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. 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.
[edit] 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.
[edit] 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.
[edit] 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.
[edit] 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.
[edit] United States approach
In the United States of America, the LL.M. is a "master's" degree for persons who are already lawyers. Historically, the J.D. ("juris doctor") has been seen, and is in most cases, the only professional degree needed for those who wish to "practice" within the law; the LL.M. is seen as an advanced degree which while being more oriented towards academia, is increasingly becoming a useful tool in the specialized legal profession.
Internationally, the LL.M. from selected law schools in the United States can have high status. However, since no U.S. state requires an LL.M. to practice law in any area, well over 98% of U.S. lawyers, including those that practice in areas of taxation and international law, do not have LL.M. degrees. As a consequence, the LL.M. degree generally lacks high status among U.S.-schooled lawyers. The LL.M. in the U.S. is most often seen as a way for foreign-schooled lawyers to obtain education requirements to sit for certain Bar exams. On that note, few ABA accredited law schools even offer structured LL.M. programs. Alternatively, an LL.M. is used to obtain a designation other countries will more readily recognize, especially for attorneys who practice international law and international taxation. Sometimes other professional degree-holders, such as accountants, seek an LL.M., such as in the specialization of tax law.
As a comparison of the degrees, the J.D. requires, according to the rules of the American Bar Association (ABA), the accrual of 90 credits in law beyond an undergraduate diploma and contains a year-long legal writing component and additional seminar with a thesis-type article. In contrast, an LL.M. requires the accrual of 24 credits in upper-level law courses, with or without a writing component or thesis.
An LL.M. degree is also seen as 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, since the LL.M. provides the opportunity for a focused academic study of law, 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. The two major states for legal practice, 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 American 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.
Persons in the United States who obtain an LL.M. do so after they have received their first law degree, thus U.S. law students receive a doctorate degree (or J.D.) first and their Master of Laws degree second. This is due to the fact that the professional law degree in the United States was originally called the Bachelor of Laws, abbreviated as LL.B. Although some United States law schools had granted a Juris Doctor degree to graduates holding a bachelor's degree, it wasn't until the late 1960s that the American Bar Association approved the change for all of its affiliated law schools to better represent the academic standing of those holding law degrees. However, the LL.M. name was never changed. Nonetheless, it must be kept in mind that the J.D. and LL.M. differ in that the J.D. program is professionally focused, while the LL.M. program is academic.
Beginning in the summer of 2007, Chapman University School of Law, in Orange, California, began offering an LL.M. in Prosecutorial Sciences. Open only to active prosecutors with at least five years experience, the ABA certified program is the first of its kind in the United States.
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.
[edit] See also
[edit] External links
- American Bar Association (ABA): Overview of Post-J.D. Programs in the U.S.
- LLM-Guide: LLM Programs worldwide.
- LLM.uniiks: LLM global database.
- Candidate of Law
