LL.M. degrees are not going anywhere anytime soon. But as Non-J.D. operations continue to shift from LL.M. to M.S.L. degrees for growth, from residential programs to online programs for scale, and from degree to non-degree programming for markets, I see this as a pivotal moment in time for fully residential LL.M. programs for foreign-educated lawyers and law school graduates.
Collectively, U.S. law schools can use this moment to assess where these programs fit into the larger U.S. legal education landscape. And individually, schools can examine how their own programs are operating. Based on what they learn, they’ll have options for what makes the most sense in their specific situations: keep their programs as they are because they meet the needs of their students, evolve their programs for a changing landscape to better match the types of students they currently do or hope to attract, or shift resources into other areas.
Schools that offer these programs vary considerably and no two programs are exactly alike. Just a few of the many examples: These programs range from under a dozen students to hundreds of students. Some have been established for decades with extensive alumni networks while others were created in the aftermath of the J.D. applicant pool drop about a decade ago. Some programs primarily recruit LL.B. students and recent graduates abroad, while others are designed more for foreign-educated lawyers already living in the United States.
Four big-picture thoughts that have been on my mind that I’ll be paying careful attention to in 2024.
- Are Online LL.M. degrees and Advanced J.D. degrees squeezing the market for fully residential LL.M. programs for foreign-educated lawyers? Or are they operating primarily with groups of people who would not have signed up for fully residential LL.M. programs for foreign lawyers?
If more students are choosing J.D. degrees instead of LL.M. degrees and if more students are opting for online or hybrid LL.M. degrees instead of traveling to the United States, I think some schools will really need to assess their programs. But, if Advanced J.D. students would have instead taken three-year J.D. degrees and online and hybrid LL.M. students would have otherwise not studied in any U.S. programs, then it can probably continue to be business as usual for many programs.
- Will the 2024 election cycle play a role in the 2024-25 interest from prospective F-1 students in studying in U.S. LL.M. programs?
This will probably play out in a number of ways, including surrounding current discussions on immigration and work authorization in the United States. I can also see this being important on how the U.S. is being portrayed in other jurisdictions, especially as it relates to prospective F-1 students who are sold on studying in another jurisdiction, but are open to multiple options for specific location (see the next point).
- How will continued competition abroad for the international LL.M. student market affect U.S. law schools?
One of the cool things about my Legal English for American Law Schools (LEALS) course is that students take it to prepare for LL.M. and J.D. studies in the U.S. and a number of other common law and civil law jurisdiction programs. So each year, I have a bigger picture view of the global market for LL.M. students through the lens of a group of high-achieving students from a well-known Chinese law school. Given China’s importance to the global market for LL.M. programs, it has been really enlightening to hear from my own students each summer about where the U.S. fits (or does not fit) into their plans. With my new LEALS-I course starting this month for a large group of LL.B. students from around the globe at a Spanish law school, I am excited to gain new insights.
- Will ABA messaging of the J.D. versus Non-J.D. distinction start to make a difference?
The ABA has a very important role in U.S. legal education. For years, I have highlighted the J.D. versus Non-J.D. distinction, because I think every prospective student should be informed of this public information and ensure they choose the degree program that is right for their goals and risk tolerance. For a recent example of what I mean, see the discussion about Resolution 301 in the recent ABA Journal piece “Free speech and academic freedom standards will now be part of ABA accreditation process.”
