Master of Laws
From Wikipedia, the free encyclopedia
The Master of Laws is an advanced law degree, 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 generally earned in a course of specialized study in law.
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[edit] Background on legal education in English-speaking countries
In order to become a lawyer and practice law in most states and countries, a person must first obtain a professional law degree. While in most countries a Bachelor of Laws degree is required, the U.S. requires a graduate Juris Doctor degree to practice law, which is equivalent to the former American LL.B. A professional law degree is a generalized course of study that exposes students to a wide range of legal subjects. It is designed to provide the basic skills and knowledge needed to become a lawyer. As there are many required courses, it is hardly possible to focus on a particular area of law in the course of study leading to a Juris Doctor degree.
If a person wishes to gain specialized knowledge 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 "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 law degree, coming after the LLM, is the JSD (or SJD, depending on the law school in USA and it, the SJD or JSD, is equivalent to the Doctorate of Philosophy in Law (PhD or DPhil depending on the law school in UK). 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 thesis 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 nearly all 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 refered 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 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).
An LL.M. can also be achieved through legal research, often after completion of a single dissertation, rather like M.Phil post-graduate research degrees.
[edit] Requirements
LL.M. programs are usually only open to those students who have first obtained a professional law degree (exceptions: London School of Economics and Europa-Institut in Saarbruecken, Germany). Full-time LL.M. programs usually last one year and vary in their graduation requirements. Some programs require students to write a thesis, others do not. Some programs are research oriented with little classroom time, while others require students to take a set number of classes.
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] The 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] The United Kingdom approach
In the United Kingdom, where a degree in law is only the first step in a multiple steps process of becoming a lawyer, the LLM is also open to law graduates who are not yet a solicitor or barrister. In some institutions, the LLM Programme is even accessible for non-law graduates as well. For instance, the University of Edinburgh offers LLM degrees via distance learning[1] as does the University of Leicester [2]. In addition, the University of London External Programme has been offering LLM studies to both LLB and non-law graduates since 1925 [3]. The Queen's University in Belfast offers an LLM suite, accessible to legal and social science graduates, leading to specialisms in sustainable development, corporate governance, devolution or human rights.
[edit] The United States approach
In countries including the United States, the LL.M. can be a post-J.D. advanced degree for persons who are already lawyers, but also a designation for persons wishing to become lawyers prior to enrolling in J.D. studies.
However, the LL.M., at least in the United States, lacks the same status it holds in other countries--both within the profession and the public at large. In truth, the LL.M. is largely seen in the states as a way for non-American schooled lawyers to obtain education requirements to sit for certain states' Bar exams. 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 a LL.M., such as in the specialization of tax law.
Since no U.S. state requires an LL.M. to practice law in any area, and since the American Juris Doctorate (J.D.) degree is sometimes considered a "doctorate" (above "masters") degree, well over 98% of American lawyers do not have an LL.M. and many accredited law schools in the states do not even offer LL.M. studies because of the degree's lack of popularity. As a comparison of the degrees, the J.D. requires, according to ABA rules, the accrual of 90 credits, while the LL.M. requires only the accrual 24 credits, with or without a thesis, while the doctoral-level J.D. has a legal writing component equivalent to a thesis. While the LL.M. remains an avenue to help some attorneys specialize in certain areas of practice, it is largely seen as unnecessary in any practice area by a vast majority of the U.S. profession.
One exception to this general rule is lawyers wishing to teach in law schools. While a J.D. is considered sufficient at all law schools, there is a general preference in hiring for lawyers who attended a school of equal or greater prestige than the one at which they are applying for a position as a professor. As a result of this, the Ivy League law schools tend to train most of the professors of law throughout the country. For lawyers who attended a less prestigious law school, but who do not wish to earn an advanced degree in another subject, an LL.M. is a common path to increasing their marketability to law school hiring committees.
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.
In the United States, the professional law degree discussed above is called the Juris Doctor (J.D.) degree. Persons in the United States who obtain an LL.M. do so after they have received their Juris Doctor degree. Thus, they receive a doctorate degree 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, resulting in a situation where a Master of Laws degree is actually a more advanced degree than a Juris Doctor degree for United States-educated lawyers.
However, a general LL.M. degree is often sought by foreign lawyers who wish to practice in the United States. An LL.M. degree from an ABA-approved law school allows a foreign lawyer to become eligible to apply for admission to practice in certain states, such as New York.
[edit] LL.M. Related 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
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fr:LL.M. id:Meester in de Rechten nl:Meester in de rechten sv:Master of Laws
