Master of Laws Information

The Master of Laws is an advanced academic degree, and is commonly abbreviated LL.M. (also LLM or L.L.M, though these are technically incorrect) from its Latin name, Legum Magister. (For female students, the less common variant Legum Magistra may also be used.)

Background on legal education in common law countries

To become a lawyer and practice law in most states and countries, a person must first obtain a law degree. While in most common law countries a Bachelor of Laws (or LL.B.) is required, the U.S. requires a professional doctorate, or Juris Doctor, 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 laws". 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), Doctorat en Droit (in France), or the Doktor der Rechtswissenschaften (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 LL.M. 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 an '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.

International situation

Most countries do not require an LL.M. degree to become a lawyer, and most lawyers choose never to obtain one. In fact, the education systems of most countries do 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.

Denmark, Sweden, Norway, Poland and Switzerland require a Master's with an additional two to five years to become a lawyer.

In Italy and Finland an LL.M. is the standard graduate degree required to practice law.^[1] No other qualifications are required.^[2]

To be allowed to practice law in the Netherlands, one needs an LL.M. degree with a specific (set of) course(s) in litigation law. The Dutch Order of Lawyers (NOVA) require these courses for every potential candidate lawyer who wants to be conditionally written in the district court for three years. After receiving all the diplomas prescribed by NOVA and under supervision of a "patroon" (master), a lawyer is eligible to have his own practice and is unconditionally written in a court for life but he/she will need to continually update his/her knowledge.

In Mauritius, to be able to practice as a lawyer, only a bar is required, and the latter can start exercising after that. However, those doing a degree in Law and Management can also become a lawyer, provided that they undertake a conversion course after their degree, and after which their bar. Even an LLM is possible for those students.

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, banking law or financial services law, and environmental law. Some law schools allow LL.M. students to freely design their own program of study from the Law School's many upper-level courses and seminars, including commercial and corporate, international, constitutional, and human rights 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, litigation and dispute resolution, trial advocacy and insurance law. Some law schools offer innovative LL.M.'s in concentrated courses such as Prosecutorial Sciences. One particular Prosecutorial Sciences program is open only to active prosecutors with at least five years experience. Space and Telecommunications Law is one type of LL.M. offered and is only offered by one school in the United States. Some LL.M. programs, particularly in the United States, and also in China, 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, give the students the opportunity to undertake classes in differing languages. Most LL.M. programs require a thesis.

Requirements

LL.M. programs are usually only open to those students who have first obtained a 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 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.

Australia

In Australia, at most universities the LL.M. is only open to law graduates. At some universities, however, an undergraduate degree in law is not a prerequisite for entry.

The shortage of graduate program/articles places has resulted in some LLB graduates proceeding directly to an LL.M. course prior to seeking graduate employment.

United Kingdom

In the United Kingdom, an LL.M. 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 LL.M. is not a sufficient qualification in itself to practise as a solicitor or barrister, since this requires completion of the Legal Practice Course, Bar Professional Training Course, or, if in Scotland, the Diploma in Legal Practice 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 LL.M. 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 LL.M. 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 LL.M. studies to both LLB and non-law graduates since 1925 [4], the University of Edinburgh (LL.M. degree by distance learning [5]) and the University of Leicester [6]. In addition, Queen's University offers an LL.M. suite, accessible to legal and social science graduates, leading to specialisms in sustainable development, corporate governance, devolution or human rights. Northumbria University offers an innovative approach to an LL.M. qualification to students starting the Masters programme as undergraduates. Students completing this four year programme graduate with a combined LL.M. and Legal Practice Course professional qualification.

China

The LL.M. is available at China University of Political Science and Law, and the entrance requirements are: a native English speaker, or near native English, with any bachelors degree. The course is flexible and allows students to study Mandarin and assists with organizing work experience in Beijing and other cities in China. It normally takes 2 years, but can be completed in 10 months if students take the required credits in time.^[3]

Germany

In Germany, the LL.M is seen as an advanced legal qualification of supplementary character. As such, Master of Laws programmes are generally open not only to law graduates, but also to graduates of related subjects and/or those displaying a genuine interest in and link to the particular LL.M programme in question. Some graduates choose to undertake their LL.M directly following their "erstes juristisches Staatstexamen" (the "first state examination" constitutes the first stage of the official German legal training and completes the German undergraduate law degree), an alternative undergraduate course, or their "zweites juristisches Staatsexamen" (that is, the second and final stage of the official German legal training, following which graduates are referred to as "Volljuristen" who then have access to practice in different branches of the legal profession). On the other other hand, many professionals now take career breaks in order to study for an LL.M, in particular for subjects of growing importance or those with constantly changing dynamics, such as European law or media law for example.

Hong Kong

LL.M. degree programmes are offered by the law faculties of The University of Hong Kong, The Chinese University of Hong Kong and the City University of Hong Kong. An LL.B. degree is usually required for admission, but for some specialised programmes, such as the LL.M. in Human Rights programme offered by HKU, requires an undergraduate degree in laws or any related discipline.

India

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 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 the specialized autonomous law schools in India in 1987 (the first was the National Law School of India University) much emphasis is being given at the master's 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.

Ireland

A number of Universities and Colleges in Ireland offer LL.M. Master of Laws programmes, such as Trinity College Dublin, University College Cork who have an LL.M. e-Law programme, National University of Ireland, Galway(NUIG) who offer an LL.M in Public Law and Griffith College in Dublin and Cork who offer LL.M. programmes in International, Commercial and Human Rights Law.

United States

In general there are two types of LL.M. programs in the United States. The majority are programs designed to expose foreign legal graduates to the American Common Law. The minority are programs involving post doctoral study of a quite specialized area of the law such as Admiralty, Tax Law, Elder Law or Aeronautical Law.

Programs for foreign legal graduates

An LL.M. degree from an ABA-approved law school also allows a foreign lawyer to become eligible to apply for admission to the bar (license to practice) in certain states. Each state has different rules relating to the admittance of foreign-educated lawyers to state bar associations.

An ABA-accredited LL.M. program qualifies a foreign legal graduate to take the bar exam in Alabama, California, New Hampshire, New York and Virginia, as well as in the independent republic of Palau. In addition, legal practice in the home jurisdiction plus a certain amount of coursework at an accredited law school qualifies a foreign legal graduate to take the bar exam in Alaska, the District of Columbia, Massachusetts, Missouri, Pennsylvania, Rhode Island, Tennessee, Texas, Utah and West Virginia. However, a number of states, including Arizona, Florida, Georgia, New Jersey and North Carolina only recognize JD degrees from accredited law schools as qualification to take the bar.^[4]

New York allows foreign lawyers from civil law countries to sit for the New York bar exam once they have completed a minimum of 20 credit hours (usually but not necessarily in an LL.M. program) at an ABA-approved law school involving at least two basic subjects tested on the New York bar exam. Lawyers from common-law countries face more lenient restrictions and do not typically need to study at an ABA-approved law school. Foreign lawyers from both civil law and common law jurisdictions, however, are required to demonstrate that they have successfully completed a course of law studies of at least three years that would fulfill the educational requirements to bar admission in their home country.^[5]

Other programs

As the first graduate academic degree in law in the U.S., seeking an LL.M. is common for potential law professors. While usually not a requirement for becoming a tenured professor, many professors hold an LL.M.

As of 2008, there is one non-ABA approved LL.M. (in international law) offered by a non-law school (The Fletcher School of Law and Diplomacy at Tufts University).

See also

• Magister Juris
• Master of Studies in Law
• List of Master of Laws Programs
• Juris Doctor

References

1. ^ Government Decree on University Degrees (794/2004) section 31. Candidate of Laws was the pre-Bologna name for the graduate degree. [1]
2. ^ Code of Judicial Procedure (4/1734) chapter 15 section 2. [2]
3. ^ http://www.lawschoolchina.com
4. ^ [3]
5. ^ "New York Court of Appeals Rules of Practice § 520.6". http://www.courts.state.ny.us/ctapps/520rules.htm#6. Retrieved 1 April 2010.

External links

• LLM-Guide: LLM Programs worldwide.
• LLM.uniiks: LLM global database.
• American Bar Association (ABA): Overview of Post-J.D. Programs in the U.S.
• US News Best Environmental Law Programs review

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