States side story: Career paths of international LL.M. students, or "I like to be in America"

Fordham Law Review

Volumn 80, Issue 6, 2012, Pages 2383-2440

  Silver, Carole ^a  

^a NONE

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EID: 84862617649     PISSN: 0015704X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (123)

1. See generally Carole Silver, Internationalizing U. S. Legal Education: A Report on the Education of Transnational Lawyers, 14 CARDOZO J. INT'L & COMP. L. 143 (2006) [hereinafter Silver, Internationalizing Education];
2. Carole Silver, Winners and Losers in the Globalization of Legal Services: Situating the Market for Foreign Lawyers, 45 VA. J. INT'L L. 897 (2005).
3. See Carole Silver, The Variable Value of U. S. Legal Education in the Global Legal Services Market, 24 GEO. J. LEGAL ETHICS 1, 53-54 (2011).
4. See LAW SCHOOL SURVEY OF STUDENT ENGAGEMENT, NAVIGATING LAW SCHOOL: PATHS IN LEGAL EDUCATION 14-15 (2011) (reporting on the limited success of U. S. law schools in developing internationally integrated student bodies).
5. See Larry E. Ribstein, Practicing Theory: Legal Education for the Twenty-First Century, 96 IOWA L. REV. 1649, 1670-72 (2011) ("The United States' continued success as legal educator to the world depends on how well U. S. law schools can compete in a dynamic global market.").
6. Tom Ginsburg, Introduction: The Politics of Legal Reform in Korea, in LEGAL REFORM IN KOREA 6 (Tom Ginsburg ed., 2004).
7. See generally Yoon Dae-Kyu, The Paralysis of Legal Education in Korea, in LEGAL REFORM IN KOREA, supra, at 36, 37 (discussing reform in Korea);
8. Mayumi Saegusa, Why the Japanese Law School System Was Established: Co-optation as a Defensive Tactic in the Face of Global Pressures, 34 L. & SOC. INQUIRY 365 (2009).
9. See generally Saskia Sassen, TERRITORY, AUTHORITY, RIGHTS 2-3 (2006) ("Both self-evidently global and denationalizing dynamics destabilize existing meanings and systems. This raises questions about the future of crucial frameworks through which modern societies, economies, and polities (under the rule of law) have operated: the social contract of liberal states, social democracy as we have come to understand it, modem citizenship, and the formal mechanisms that render some claims legitimate and others illegitimate in liberal democracies. The future of these and other familiar frameworks is rendered dubious by the unbundling, even if very partial, of the basic organizational and normative architectures through which we have operated, especially over the last century. These architectures have held together complex interdependencies between rights and obligations, power and the law, wealth and poverty, allegiance and exit.").
10. But see Swethaa Ballakrishnen, Homeward Bound: What Does a Global Legal Education Offer the Indian Returnees?, 80 FORDHAM L. REV. 2441, 2475-76 (2012) (describing how international legal education may be a liability in India in certain circumstances).
11. See Post J. D. Programs by Category, SECTION OF LEGAL EDUC. & ADMISSIONS TO THE BAR, ABA, http://www.americanbar.org/groups/legal-education/ resources/llm-degrees-postJ-d-non-j-d/programs-by-category.html (last visited Apr. 21, 2012)
12. On LL. M. programs generally, see Silver, Internationalizing Education, supra note 2.
13. See, e.g., Master of Laws Programs Worldwide, LL. M. GUIDE, http://www.llmguide.com/ (last visited Apr. 21, 2012);
14. LLMSTUDY. COM, http://www. LLMstudy.com (last visited Apr. 21, 2012) (offering two scholarships for LL. M.s);
15. LLMSTUDIO. COM, http://www.llm-studio.com/LL. M-Studio/Home-.html (last visited Apr. 21, 2012);
16. Jill Schmieder Hereau, From the Editor, ILSA Q., Feb. 2010, at 4-5 ("Each year, the February issue of the ILSA Quarterly features LL. M. programs offered at law schools around the globe.").
17. See KAPLAN B. REV., http://www.kaptest.com/Bar-Exam/Home/index.html (last visited Apr. 21, 2012) (follow "Bar Review Courses" link revealing an option for New York and California LL. M. prep courses);
18. LL. M. B. EXAM, http://www.llmbarexam.com (last visited Apr. 21, 2012)
19. NAT'L CONFERENCE OF BAR EXAMINERS, 2011 STATISTICS 10-11 (2011). NCBE statistics report that foreign-educated applicants comprised 7.1 percent of all bar exam testtakers in the United States in 2011.
20. See, e.g., International Student Interview Program, N. Y. U. SCH. L., http://wwwl.law.nyu.edu/depts/careerservices/isip/ (last visited Apr. 21, 2012);
21. Overseas-Trained L. L. M Student Interview Program, COLUM. L. SCH., http://www.law.columbia.edu/careers/career-services/llminterviewprogram (last visited Apr. 21, 2012);
22. West Coast International L. L. M. Job Fair, UCLA SCH. L., http://www.law.ucla.edu/career-services/employers/oncampus-interview-programs/ Pages/west-coast-international-llm-job-fair.aspx (last visited Apr. 21, 2012).
23. See, e.g., LLM/Graduate Law Program Guide, LSAC, http://www.lsac.org/LLM/ Choose/LLM-program-guide.asp (last visited Apr. 21, 2012). LSAC administers the LSAT and application procedures for J. D. programs. Its entry into international LL. M. application processes is new, and it identified 114 U. S. law schools for international applicants to LL. M. programs as of February 25, 2012.
24. See generally SECTION OF LEGAL EDUC & ADMISSIONS TO THE BAR, ABA, STANDARDS AND RULES OF PROCEDURE FOR APPROVAL OF LAW SCHOOLS 2011-2012, at viii (2011), available at http://www.americanbar.org/content/dam/aba/publications/ misc/legal-education/Standards/2011-2012-standards-and-rules-for-web. authcheckdam.pdf ("The Standards for Approval of Law Schools of the American Bar Association are founded primarily on the fact that law schools are the gateway to the legal profession. They are minimum requirements designed, developed, and implemented for the purpose of advancing the basic goal of providing a sound program of legal education. Consistent with their aspirations, mission and resources, law schools should continuously seek to exceed these minimum requirements in order to improve the quality of legal education and to promote high standards of professional competence, responsibility and conduct. The graduates of approved law schools can become members of the bar in all United States jurisdictions, representing all members of the public in important interests.").
25. See Facts: Applicants, Matriculants, Enrollment, Graduates, MD/PhD, and Residency Applicants Data, ASS'N AM. MED. CS., at tbl.31 (updated as of Feb. 7, 2012), https://www.aamc.org/download/160146/data/table31-enrll-race-sch-2011.pdf (reporting that approximately 2.0 percent of enrolled medical students in 2011 identified themselves as foreign nationals).
26. INST, OF INT'L EDUC, OPEN DOORS REPORT ON INTERNATIONAL EDUCATION EXCHANGE 1948-2000(2009), at 102-03 tbl.9.0 [hereinafter Open Doors 1948-2000] (Foreign Students by Field of Study, 1994/95-1995/96).
27. INST, OF INT'L EDUC, OPEN DOORS REPORT ON INTERNATIONAL EDUCATIONAL EXCHANGE 2010, at 77 tbl.16 (International Studies by Field of Study, 2008/09-2009/10).
28. For information on IIE's reporting categories, see Open Doors Data: International Students: Fields of Study, 2009/2010-2010/2011, INST. INT'L EDUC, http://www.iie.org/Research-and-Publications/Open-Doors/Data/ International-Students/Fields-of-Study/2009-11.
29. See Michael D. Goldhaber, They Rule the World: One-Year LL. M. Programsat U. S. Law Schools Are on the Rise Again, Attracting Fledgling Power Brokers from Around the World, AM. LAW., Sept. 2005 ("A recent class of entering students [in Columbia University Law School's LL. M. program] included the general counsel of Haiti's Central Bank and the dean of Mozambique's law school, as well as senior advisers to the Guatemalan Truth Commission and to New Zealand's Ministry of Maori Affairs. Lawyers like these are unstoppable when armed with another degree.").
30. See NALP FOUND, FOR LAW CAREER RESEARCH & EDUC. & AM. BAR FOUND., AFTER THE JD: FIRST RESULTS OF A NATIONAL STUDY OF LEGAL CAREERS 89-90 (2004) (describing the sampling methodology);
31. For more information on the survey results, see Carole Silver, Agents of Globalization in Law: Phase 1, LSAC RESEARCH REPORT SERIES (Mar. 2009), available at http://www.lsac.org/lsacresources/Research/GR/GR-09-01.pdf.
32. See John E. Morris, Weil Gotshal's Generation Gap, AM. LAW., Dec. 1995, at 110. 1998 was a boom year for hiring.
33. See A. J. Noble & David Marcus, Bar Talk: Dining the Deans, AM. LAW., Sept. 1998, at 54 ("The sessions are an acknowledgment that, in this vibrant job market, even the most elite firms must sell themselves by reaching out to schools. Davis Polk, for example, drew its summer class of associates from 24 schools.") - By late 2000, the tech bubble had burst, and jobs for law graduates were becoming very competitive.
34. See Steven Andersen, Hot Practice, Cool Economy: Intellectual Property Weathers the Recession, CORP. LEGAL TIMES, Oct. 1, 2003;
35. Marcia Coyle, The Attorney, Unemployed, N. Y. L. J., Apr. 4, 2003 ("This bad job market began in the summer of 2001, when Palo Alto, Calif., powerhouse Cooley Godward cut 85 lawyers.").
36. On law school enrollment trends, see Enrollment and Degrees Awarded 1963-2010, Section of Legal Educ. & Admissions to the BAR, ABA, http://www.americanbar.org/content/dam/aba/administrative/legal-education-and- admissions-to-the-bar/stats-l.authcheckdam.pdf. Law school and graduate school enrollment once again are in decline, which may well lead to greater reliance on international students.
37. See Audrey Williams June, New Graduate-Student Enrollment Dips for First Time in 7 Years, CHRON. HIGHER EDUC. (Sept. 22, 2011), http://chronicle.com/ article/New-Graduate-Student/129111/ (noting that "[international students saw their ranks rebound from a year earlier, with first-time enrollment for them up by 4.7 percent from the year before. The number of domestic students entering graduate school for the first time was down by 1.2 percent...."
38. (citing NATHAN E. BELL, COUNCIL OF GRADUATE SCHOOLS, GRADUATE ENROLLMENT AND DEGREES: 2000 TO 2010 (2011))).
39. See Susan Hansen & Carlyn Kolker, A World of Lawyers, AM. LAW., Nov. 1998, at 24 ("Law firms setting up shop in the CIS are doing privatization work for Kazakhstan, Kyrgyzstan, Turkmenistan, and Uzbekistan-former Soviet states that are making the transition from Communism to open market economies.");
40. Gauchos and Gadflies, ECONOMIST, Oct. 22, 2011, at 91-92 (describing Argentina's 2001 default);
41. INT'L MONETARY FUND, Factsheet: Asia and the IMF (Sept. 13, 2011), http://www.imf.org/external/np/exr/facts/asia. HTM ("The crisis that several Asian economies faced in 1997-98 was severe and many people in the region endured considerable distress.").
42. Best Graduate Schools: law, U. S. NEWS & WORLD REP., Apr. 2012, at 70.
43. See OPEN DOORS 1948-2000, supra note 18, at 26-28
44. INST, OF INT'L EDUC, OPEN DOORS DATA: INTERNATIONAL STUDENTS: ACADEMIC LEVEL AND PLACE OF ORIGIN (2010), available at http://www.iie.org/Research-and- Publications/Open-Doors/Data/International-Students/By-Academic-Level-and-Place- of-Origin/2009-10. Of course, this is not to suggest that these figures are representative of the predominant sending countries for graduate legal studies. Unfortunately, data limited to students studying law are not available through IIE.
45. according to HE. OPEN DOORS 1948-2000, supra note 18, at 38 tbl.4 (Regions and Leading Places of Origin by Academic Level, 1996/97);
46. see also INST, OF INT'L EDUC, OPEN DOORS DATA: INTERNATIONAL STUDENTS: ACADEMIC LEVEL AND PLACE OF ORIGIN (2010), supra. The changes with regard to European students likely reflect both the growth of competitive programs, particularly in England, as well as the development of the Erasmus program, which simplified mobility at the university level.
47. See Sujata Das, LL. M. Gains Favour, FIN. TIMES (Nov. 23, 2009, 2:14 AM), http://www.ft.com/intl/cms/s/0/afl5c560-d7c6-llde-b578-00144feabdc0.html ("The proliferation of the number and types of programmes in response to demand-86 in the UK and 147 in the US-has produced many new specialist degrees.");
48. see also About Erasmus, BRIT. COUNCIL LEARNING, http://www. britishcouncil.org/erasmus-about-erasmus.htm (last visited Apr. 21, 2012)
49. But see Aisha Labi, Wary of Changes at Home, English Students Flock to Events Touting Colleges Overseas, CHRON. HIGHER EDUC, Oct. 9, 2011 (reporting on the planned increase in undergraduate tuition rates in England and the consequent "unprecedented recruiting opportunity for overseas institutions that has been created").
50. See generally ABDELMALEK SAYAD, THE SUFFERING OF THE IMMIGRANT 6 (David Macey trans., Polity Press 2004)
51. But see Debbie Millard, The Impact of Clustering on Scientific Mobility: A Case Study of the UK, 18 INNOVATION 343 (2005)
52. See NAT'L ACAD, OF SCIS., NAT'L ACAD, OF ENG'G, & INST, OF MED., RISING ABOVE THE GATHERING STORM: ENERGIZING AND EMPLOYING AMERICA FOR A BRIGHTER ECONOMIC FUTURE 382 (2007)
53. See, e.g., Sonia Morano-Foadi, Scientific Mobility, Career Progression, and Excellence in the European Research Area, 43 INT'L MIGRATION 133, 136 (2005) (addressing the meaning of "mobility").
54. see also Carole Silver & Mayer Freed, Translating the U. S. LLM Experience: The Need for a Comprehensive Examination, 101 NW. U. L. REV. COLLOQUY 23(2007), http://www.law.northwestern. edu/lawreview/colloquy/2006/3/ LRColl2006n3Silver-Freed.pdf (proposing a comprehensive exam of U. S. law for international law graduates to serve as a mechanism for comparability).
55. OECD, THE GLOBAL COMPETITION FOR TALENT: MOBILITY OF THE HIGHLY SKILLED 95-96 (2008).
56. Michael G. Finn, Stay Rates of Foreign Doctorate Recipients from U. S. Universities, 1999, OAK RIDGE INST, FOR SCI. & EDUC. 3 tbl.2(2001), http://orise.orau.gov/files/sep/stayrates-foreign-doctorate-recipients-1999.pdf.
57. Michael G. Finn, Stay Rates of Foreign Doctorate Recipients from U. S. Universities, 2007, OAK RIDGE INST, FOR SCI. & EDUC. 5 tbl.5(2010), http://orise.orau.gov/files/sep/stayrates-foreign-doctorate-recipients-2007.pdf. ;
58. see also Marie D. Connolly, The Market for Skilled Migrants: The Role of Student Stay Rates (June 15, 2010) (unpublished manuscript), available at www.apeaweb.org/confer/hk10/papers/connolly-md.pdf.
59. See, e.g., Ronald Alsop, M. B. A. Track: How Students from Abroad Learn to Talk the Talk, WALL ST. J., Nov. 6, 2007, at B11
60. "Non-Elite" here means any school other than those ranked in the top 15 by U. S. News & World Report.
61. Lost: What the New York Times, a Good TOEFL Score and John Grisham All Have in Common: They Will Help You Do Better During Your LL. M/JD program in the U. S., LLMSTUDIO. COM (Jan. 1, 2011), http://www.llm-studio.com/LL. M-Studio/The-Blog/Entries/2011/1/1-What-the-New-York-Times%2C-a-good-TOEFL- score-and-John-Gris ham-all-have-in-common%3A-They-will-help-you-do-better- during-your-LL. M-JD-pr ogram-in-the-U. S.html.
62. See Bryan R. Williams, N. Y. State Bd. of Law Exam'rs, Presentation at the National Conference of Bar Examiners Annual Bar Admissions Conference, Austin, Texas (Apr. 16, 2010) (on file with author).
63. See, e.g., Student Profiles, USC GOULD SCH. L., http://lawweb.usc.edu/ how/gip/llm/profiles.cfm?all (last visited Apr. 21, 2012)
64. see also Master of Laws (LL. M.) Program, COLUM. L. SCH., http://www.law.columbia.edu/null/CLS+Graduate+Legal+Studies+Brochure%2C+2011- 2012?exclusive=filemgr.down load&file-id=542066 (last visited Apr. 21, 2012)
65. LL. M. Program, HARV. L. SCH. http://www.law.harvard.edu/academics/ degrees/grad program/llm/index.html (last visited Apr. 21, 2012) ("The LL. M. (Master of Laws) program is a one-year degree program that typically includes 150 students from more than 60 countries.").
66. See also Johanna Waters & Rachel Brooks, 'Vive la Difference?': The 'International' Experiences of UK Students Overseas, 17 POPULATION, SPACE & PLACE 567, 574 (2011) (describing British students who studied overseas as tending to socialize with other international students rather than with locals).
67. But see Silver, Internationalizing Education, supra note 2, at 168-70, for information on the limited success of schools in this regard.
68. As indicated by U. S. News rank.
69. See generally AM. BAR FOUND. & NALP FOUND, FOR LAW CAREER RESEARCH & EDUC, AFTER THE JD II: SECOND RESULTS FROM A NATIONAL STUDY OF LEGAL CAREERS (2009) [hereinafter AFTER THE JD II].
70. See AFTER THE JD II, supra note 79, at 27 tbl.3.1.
71. see LINKLATERS, http://www.linklaters.com/Locations/Pages/US.aspx (last visited Apr. 21, 2012);
72. Clifford Chance, with an office in New York and Washington, D. C., see CLIFFORD CHANCE, http://www.cliffordchance.com/locations/usa.html (last visited Apr. 21, 2012);
73. Freshfields, with offices in New York and Washington, D. C., see FRESHFIELDS BRUCKHAUS DERINGER, http://www.freshfields.com/locations/us/offices/ (last visited Apr. 21, 2012);
74. and Allen & Overy, with offices in New York and Washington, D. C., see ALLEN & OVERY, http://www.allenovery.com/AOWEB/PeopleOffices/Country. aspx?countryID=18658&prefLangID=410 (last visited Apr. 21, 2012). Slaughter & May is not included here because it has no office in the United States.
75. See Offices, SLAUGHTER & MAY, http://www.slaughterandmay.com/where- we-work/offices.aspx (last visited Apr. 21, 2012).
76. The Am Law 100 is a list of the largest U. S.-based law firms measured by gross revenue. See, e.g., The Am Law 100 2011, AM. LAW. (May 1, 2011) http://www.law.com/jsp/tal/PubArticleTAL.jsp?id=1202489912232;
77. Alexia Garamfalvi, Firms Turn to Professional Development, N. Y. L. J., Oct. 2006 ("Since 1986, when The American Lawyer first published a list of the 100 highest-grossing firms in the United States, the total number of lawyers in the Am Law 100 has increased by 170 percent, growing from 25, 994 in 1986 to 70, 161 in 2005.").
78. See AFTER THE JD II, supra note 79, at 44 tbl. 5.2 (describing the relationship of law school selectivity and working in the largest law firms: 25 percent of graduates of the ten most selective law schools practiced in the largest law firms, compared to 11 percent of graduates from schools ranked 11-20 and fewer than 5 percent in each of the other school categories).
79. See generally Philip G. Altbach, Higher Education Crosses Borders, 36 CHANGE 18 (2004) (discussing push and pull factors for student mobility with regard to home country influences);
80. Bangchen Pang & Nicholas Appleton, Higher Education As an Immigration Path for Chinese Students and Scholars, 9 QUALITATIVE REP. 500, 506 (2004) ("Four factors emerged in the decisions... to come to the United States. They were 1) desire for more education, 2) educational preparation, 3) financial support, and 4) escape from unpleasant situations in China.").
81. This expectation also may be in flux. See John Bringardner, Lawyers Wanted: Abroad, That Is, N. Y. TIMES, Nov. 23, 2008, at BU1 ("[R]ecruiters in Hong Kong and Dubai say they've seen a record number of New York résumés from candidates looking for lawfirm or in-house legal work overseas.").
82. See Rossana Weitekamp & Barbara Pruitt, Foreign National Students in U. S. Plan to Return to Native Countries Post Graduation, Kaujfman Foundation Survey Shows, EWTNG MARION KAUFFMAN FOUND. (Mar. 19, 2009), http://www. kaufrrnan.org/Details. aspx?id=6852 (describing the potential negative consequence for the United States if foreign students leave after graduation).
83. See generally Jeffrey L. Rensberger, Tragedy of the Student Commons: Law Student Transfers and Legal Education, 60 J. LEGAL EDUC. 616 (2011).
84. On the influence of U. S. News, see Michael Sauder & Wendy Espeland, Fear of Falling: The Effects of U. S. News & World Report Rankings on U. S. Law Schools, LSAC RESEARCH REPORT SERIES (2007), http://www.lsacnet.org/ Research/gr/Fear-Falling-Effectsof-US-News-World-Report-Rankings-on-US-Law- Schools.
85. See generally Jeffrey Evans Stake, The Interplay Between Law School Rankings, Reputations, and Resource Allocation: Ways Rankings Mislead, 81 IND. L. J. 229 (2006).
86. Career Development, USC GOULD SCH. L., http://lawweb.usc.edu/how/gip/llm/ careers.cfm (last visited Apr. 21, 2012).
87. For LL. M.s: CDO Services for LL. M and J. S. D. Students, BERKELEY L., http://www.law. berkeley.edu/918.htm (last visited Apr. 21, 2012). The site also includes a warning to summer LL. M.s
88. Information for LLM Candidates, PENN L., http://www.law.upenn. edu/cpp/prospective/llm/ (last visited Apr. 21, 2012);
89. see also Career Planning, VA. L., http://www.law.virginia.edu/html/ prospectives/grad/career.htm (last visited Apr. 21, 2012)
90. LLM Programs, NW. L., http://www.law.northwestern. edu/llm/ (last visited Apr. 21, 2012).
91. See, e.g., International Graduate Law Programs: Frequently Asked Questions, U. MIAMI SCH. L., http://www.law.miami.edu/iglp/faq.php?op=8#21 (last visited Apr. 21, 2012)
92. See, e.g., LLM Prospective Students: Career Services, U. CHI. L. SCH., http://www.law.uchicago.edu/prospective/llm/experience/career (last visited Apr. 21, 2012)
93. Cf. Kemba J. Dunham, Foreign M. B. A.s Find Degree Translates into Fewer Job Offers, WALL ST. J., Dec. 17, 2002, at B4 (describing immigration and language issues as the basis for employers distinguishing between domestic and foreign M. B. A. students).
94. See Resident Census: Characteristics and Distribution of Psychiatry Residents in the U. S. 2010-2011, AM. PSYCHIATRIC ASS'N 15 (Dec. 2011), http://www.psych.org/MainMenu/EducationCareerDevelopment/EducationalInitiatives/ resid entcensus/1011 census.aspx?FT=.pdf.
95. See Rule 520.6 Study of Law in Foreign Country; Required Legal Education, N. Y. ST. BD. L. EXAM'RS, http://www.nybarexam.org/Rules/Rules.htm#520.6 (last visited Apr. 21, 2012).
96. See generally Carole Silver, Regulatory Mismatch in the International Market for Legal Services, 23 NW. J. INT'L L. & BUS. 487 (2003) (analyzing U. S. state rules on admission of foreign law graduates, including an assessment of recognition of foreign legal education).
97. See Council Directive 98/5/EC, art. 1, 1998 O. J. (L 77) 36, 41 (EC) (defining "lawyer" to include nationality in an EU Member State).
98. See, e.g., SECTION OF LEGAL EDUC. & ADMISSIONS TO THE BAR, ABA, COUNCIL STATEMENT ON LL. M. AND OTHER POST-J. D. DEGREES AND QUALIFICATION FOR ADMISSION TO PRACTICE, available at http://www.americanbar.org/content/dam/aba/ migrated/legaled/accreditation/Council-Statements.authcheckdam.pdf ("It is the long-standing position of the Council of the Section of Legal Education and Admissions to the Bar that no graduate degree is or should be a substitute for the J. D., and that a graduate degree should not be considered the equivalent of the J. D. for bar admission purposes.");
99. SECTION OF LEGAL EDUC. & ADMISSIONS TO THE BAR, ABA, PROPOSED MODEL RULE ON ADMISSION OF FOREIGN EDUCATED LAWYERS 1 (2011) [hereinafter PROPOSED MODEL RULE], available at http:/www.americanbar.org/content/danVaba/ administrative/legal-education-and-adrnission s-to-the-bar/council-reports-and- resolutions/20110420-model-rule-and-criteria-foreign-l awyers.authcheckdam.pdf (proposing a "Model Rule... to aid state courts and bar examiners in identifying LL. M. programs that meet specific criteria designed to prepare graduates of foreign law schools to take the bar examination and to practice law in the United States").
100. See NAT'L CONFERENCE OF BAR EXAM'RS & ABA SECTION OF LEGAL EDUC. & ADMISSIONS TO THE BAR, COMPREHENSIVE GUIDE TO BAR ADMISSION REQUIREMENTS chart 4 (2011) (bar eligibility based on foreign legal education).
101. "The Council of the Section of Legal Education and Admissions to the Bar has adopted a statement that no post J. D. or other graduate program is a substitute for the J. D. and should not be considered the equivalent of the J. D. for bar admission purposes." Overview of LL. M. and Post J. D. Programs, SECTION OF LEGAL EDUC. & ADMISSIONS TO THE BAR, ABA, http://www. americanbar.org/groups/legal-education/resources/llm-degrees-post-j-d-non-j-d. html (last visited Apr. 21, 2012). The Council's public position on the issue is as follows
102. See Post J. D. Programs by Category, supra note 10 (discussed under the heading "A Note to Graduates of Law Schools Located Outside the United States: Degrees Other than a J. D. and Bar Admissions").
103. Resolution 8 Regarding Accreditation of Legal Education in Common Law Countries by the ABA Section on Legal Education and Admission to the Bar, CONF. CHIEF JUSTS. (Feb. 7, 2007), http://ccj.ncsc.dni.us/LegalEducationResolutions/ resol8AccredLegal EducCommonLawCountries.html. A companion resolution urged state Supreme Courts to permit Australian lawyers to sit for a bar examination.
104. See Resolution 7 Regarding Authorization for Australian Lawyers to Sit for State Bar Examinations, CONF. CHIEF JUSTS. (Feb. 7, 2007), http://ccj.ncsc.dni.us/LegalEducationResolutions/resol7AustralianLawyers StateBarExams.html. While a subcommittee of the Section has proposed a model rule for recognizing the LL. M. as an element towards bar eligibility, along with home country education and licensing, in the interim, the CCJ resolution calling for help in assessment has been rescinded.
105. I was a non-voting liaison member of the subcommittee. For more information, see PROPOSED MODEL RULE, supra note 115;
106. See, e.g., Julian Lonbay, Assessing the European Market for Legal Services: Developments in the Free Movement of Lawyers in the European Union, 33 FORDHAM INT'L L. J. 1629, 1629-30 (2010) ("There is no need for lawyers within the European Economic Area ("EEA") to 'sneak around' in order to practice in multiple jurisdictions, as U. S. lawyers must do for the most part.").
107. See Aaditya Matoo, Ileana Cristina Neagu & Çaǧlar Özden, Brain Waste? Educated Immigrants in the US Labor Market, 87 J. DEV. ECON. 255, 256 (2008) ("The large variation in the likelihood of obtaining skilled jobs among migrants with similar education levels but from different countries may suggest that the skills of migrants from certain countries are being underutilized. However, a large proportion of the variation in occupational placements of immigrants can be explained by indicators of the quality of the migrants' human capital. This fact indicates that underplaced migrants suffer primarily from low (or poorly transferable) skill levels rather than skill underutilization. ").
108. John Gibson & David McKenzie, Eight Questions About Brain Drain, 25 J. ECON. PERSP. 107, 111 (2011) ("The stereotype of foreign workers with Ph. D.s driving taxis is certainly the exception; only 2 out of 1, 936 developing country migrants with Ph. D.s in the American Community Survey sample are taxi drivers.").
109. see generally Carole Silver, Nicole De Bruin Phelan & Mikaela Rabinowitz, Between Diffusion and Distinctiveness in Globalization: U. S. Law Firms Go Glocal, 22 GEO. J. LEGAL ETHICS 1431 (2009).
110. See Dawn Rhodes, An American MBA, but Few Job Prospects, CHI. TRIB., Nov. 22, 2010, at 19 ("[O]ne of the biggest hurdles facing international [MBA] students... is whether they can work in the United States once their student visas expire. Most can't, and they fight an uphill battle to find a job in the country's shrinking job market.... 'Our advice to our international student population is they really do need to look at returning home as an option', said Mark Brostoff, career center director at the Olin Business School at Washington University in St. Louis.").
111. See, e.g., Ronald Inglehart et al., Development, Freedom, and Rising Happiness: A Global Perspective (1981-2007), 3 PERSP. ON PSYCHOL. SCI. 264 (2008) (suggesting that a nation's subjective well-being is positively correlated with an increase in individual free choice);
112. Jayanth K. Krishnan, Academic SAILERS: The Ford Foundation and the Efforts to Shape Legal Education in Africa, 1957-1977, 52 AM. J. LEGAL HIST, (forthcoming Apr. 2012) (explaining that the shift from American lawyers and law faculty going to Africa under the auspices of the Ford Foundation's SAILER (Staffing of African Institutions of Legal Education and Research) program to the opposite flow, from African to U. S. law schools, related to changing political conditions in Africa, among other things);
113. Michael Minkov, Predictors of Differences in Subjective Weil-Being Across 97 Nations, 43 CROSS-CULTURAL RES. 152 (2009) (ranking countries with regard to "subjective well-being");
114. see also WORLD DATABASE HAPPINESS, http://worlddatabaseofhappiness.eur. nl/index.html (last visited Apr. 21, 2012).
115. Heike C. Alberts & Helen D. Hazen, 'There are Always Two Voices...': International Students' Intentions to Stay in the United States or Return to Their Home Countries, 43 INT'L MIGRATION 131, 138 (2005).
116. See Randi Chapnik Myers, Around the World in 365 Days: The Faculty of Law Launches a Unique, Executive-Style Master of Laws Focused on Global Business, U. TORONTO FAC. L., http://www.law.utoronto.ca/prosp-stdn-content.asp?itemPath= 3/7/2/5/8&contentId=2115 (last visited Apr. 21, 2012);
117. Our Faculty, U. AUCKLAND FAC. L., http://www.law.auckland.ac.nz/uoa/home/ about/our-faculty (last visited Apr. 21, 2012) ("In recent years there has been considerable growth at postgraduate level, with an even larger range of LL. M. courses for its own graduates, international students and the local profession. ");
118. Stellenbosch University to Launch Two New LL. M. Course Modules, LLMStudio. COM (May 21, 2008), http://www.llm-guide.com/article/290/ stellenbosch-university-to-launch-two-new-llm-course-modules ("The Faculty of Law at the University of Stellenbosch in Stellenbosch, South Africa has announced that it will introduce two new modules-Corporate Acquisitions and Selected Issues in Labour Law and Social Security Law-available to students enrolled in their LL. M. programs beginning in February 2009.");
119. U. OXFORD, UNIVERSITY OF OXFORD MSC IN LAW AND FINANCE 2012-13 E-BROCHURE 41, available at http://www.law.ox.ac.uk/mlf/ebrochure/ebrochure.html ("We are looking for applicants from all over the world with a background in law and a desire to understand the theory of finance and advanced legal topics in financial law, and to learn how to deploy these together in practice.");
120. Welcome from the Dean, U. N. S. W. L., http://www.law.unsw.edu.au/sites/ law.unsw.edu.au/files/ebooks/pg/html/index.html#/3/zoo med (last visited Apr. 21, 2012) (boasting "over 20 postgraduate programs" and addressing student diversity head on: "A key feature of the UNSW study experience is the opportunity to engage, network and learn from our fellow students and teachers-a more diverse student cohort will only enhance this experience.").
121. See generally Richa Kachhwaha, Foreign LLM: To Be or Not to Be, B. & BENCH (Jan. 24, 2012), http://barandbench.com/brief/3/1995/foreign-llm-to-be-or- not-to-be ("The world of LL. M. programs is staggering with more and more law schools in an increasing number of countries offering the degree. The process of deciding where to study is tricky and critical.");
122. See Andy Guess, An American Law School in China, INSIDE HIGHER ED (May 22, 2008, 4:00 AM), http://insidehighered.com/news/2008/05/22/china.
123. See, e.g., J. D. with Advanced Standing, U. ARIZ. JAMES E. ROGERS C. L., http://www.law.arizona.edu/jdastracks/ (last visited Apr. 21, 2012)