Share this article on...
Contact Us
- Report errors or inaccuracies topmba@qsnetwork.com
- Contribute articles contribute@qsnetwork.com
- Advertise advertise@qsnetwork.com
LL.M. study in the U.S.: Why, what and how?
A related difference is the sense of confusion in which many students (both foreign and American!) find themselves when studying here. Civil law education tends to impart a sense of legal certainty – there are rules, and there are right answers. There are also rules and right answers in U.S. law, but U.S. legal education spends relatively little energy focusing on them. Rather, we focus on questions and uncertainty, which enhances one’s ability to deal with the inevitable uncertainties of legal practice.
Teaching methods. A second major feature is U.S. teaching methods, which tend to be highly interactive. In the archetypal “Socratic method,” the professor asks questions about assigned reading materials, and the students answer. Underlying this method is the idea that students learn best when forced to think for themselves. Professors who use the method in its purest form never lecture at all; rather, their classes are devoted entirely to asking questions. Very few professors use this approach, however; most professors lecture to some extent as well. On the other hand, almost no professors rely entirely on lecture. Thus in order to understand class discussion, students must have read and considered the assigned materials before class begins.
The Socratic method typically is used in connection with records of decided cases, and is sometimes confused with the “case method.” However, the two are not identical. The Socratic method is well suited to the task of extracting the basic principles from a case, then applying those principles to another case – activities at the core of the case method. However, the Socratic method also can be used in connection with other source materials of American law (constitutions, statutes, etc.).
The Socratic method normally is associated with larger classes (those of 40 students or more). Most schools also offer “seminars”, which typically involve 25 or fewer students sitting around a table. Seminars involve a more free-flowing discussion of the assigned materials, led by the professor. In addition, most schools offer skills-oriented classes such as moot courts, negotiation workshops, and clinical programs (in which students represent actual clients).
Deciding which LL.M. program is right for you
Most foreign-student LL.M. programs share a number of common features. The degree typically requires a single academic year of full-time study, primarily in classroom courses and seminars. Most schools also require a writing project, varying in length from 15 pages to 75 pages or more.
Otherwise, programs fall into two basic categories. First, some schools offer specialized programs in such fields as taxation, international law, human rights, etc. These programs typically combine required “core” courses with electives in the particular area. Some courses may be designed specifically for the LL.M. program; others are within the school’s regular curriculum. Specialized programs offer two basic advantages: in-depth exposure to the particular field, and recognition of the specialization on the student’s diploma. Their disadvantage is that they restrict the student’s flexibility, particularly outside the area of specialization.
The second major category is the “general” LL.M. program. In these programs, students create their own programs of study based on courses in the regular J.D. curriculum. If the school’s curriculum is sufficiently broad, a student in a “general” program can effectively pursue a specialized LL.M.; the only thing lacking is formal recognition of the field of study. However, students are not required to specialize, and indeed the flexibility of the general program is its great advantage. My own school, Boston College Law School, offers a general LL.M. degree.
Otherwise, what factors should a prospective LL.M. student consider in selecting a school? One obvious factor is the school’s academic reputation. Certain schools may be better known in your country than others, but do not allow this to limit your inquiry: a high-quality education is available at a surprisingly broad range of schools. The infamous U.S. News and World Report rankings offer a very rough picture of what the “better” schools are, but use the rankings with extreme caution. The criteria on which they are based are controversial, and ultimately bear little relationship to your educational experience at a given school.
