http://www.llm-guide.com/articles en LLM GUIDE Articles Sat, 04 Jul 2009 12:03:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/U7Yzddi2LR0/llm-guide-focus-on-student-life-california Covering almost 5,000 square miles, the Los Angeles area can feel overwhelming because of its vastness. But to simplify things, one can think of it as a collection of unique neighborhoods. Near UCLA there are the high-rise apartment buildings of Westwood or the foamy surf of Santa Monica. Closer to the University of Southern California (USC) are the bohemian districts of Echo Park and Silverlake; and of course, there’s the celebrated Hollywood.
With this huge variety of areas comes a range in living expenses. UCLA estimates that a student living close to the campus should expect to pay over 1,100 dollars per month for room and board. However, if you have access to a car and a willingness to commute from areas a bit farther away, you can save around $500 a month on rent. But don’t forget to factor in the added cost and stress of driving on those notoriously jammed Southern California highways!
Considering Chapman University? A shared apartment in Orange County (in the southeastern part of the Los Angeles metropolitan area) will run about $300-600 per month, according to the university.
For those seeking culture, the whole Los Angeles area is home to countless art museums, live music venues, and sports venues. On a typical evening, a student could face the impossibly difficult decision of going to a rock concert, a Laker game, or having a nice meal at any one of LA’s thousands of world-class restaurants.
To the south, San Diego may feel a bit cozier than Los Angeles, but it still retains much of the metropolitan feel of its big sister. The presence of manufacturing and technology firms make it the fifth-wealthiest city in the United States, according to Forbes.
Still relatively affordable, monthly rent in San Diego - even in areas close to the beach - can be as low as $700. And both the University of San Diego (USD) and Thomas Jefferson School of Law are easily accessible by the city’s modern mass transit system. Popular neighborhoods for students include the funky, surfer-friendly Pacific Beach, the hip and colorful Hillcrest, and the densely urban North Park.
Those seeking outdoor activities in their spare time will find paradise in San Diego, which has over 70 miles of coastline, easy access to the mountains, as well as places like the world-famous San Diego Zoo. These attractions, coupled with almost perfect year-round weather, provide invigorating (or distracting) diversions from law school life.
Up north

It’s easy to see why Tony Bennett left his heart in San Francisco – from the Golden Gate Bridge to Pier 39, the city practically glows with culture. Or that just might be all the fiber optic cables – the city’s proximity to the Silicon Valley makes San Francisco one of the most high-tech cities in the United States.
It’s also one of California’s pricier cities – the University of San Francisco (USF) estimates that room and board can add up to over $1,100 a month. Or more: a one-bedroom flat in the chic Sunset District might run more than $1,300. Fortunately, the city has one of the best public transportation systems in the country; and street cars, busses and a light rail system blanket the neighborhoods – so it’s easy to get around, even without a car.
San Francisco is also home to a world-class symphony, opera, and ballet; as well as a host of film and music festivals, for those looking for some down time from studying.
Berkeley lies just across the bay from San Francisco, but its nearby location belies its differences. Where San Francisco is dense and urban, Berkeley is smaller and maintains more of a natural feel.
It’s also more affordable than San Francisco – UC Berkeley estimates that off-campus housing and utilities should run about $900 monthly – or cheaper if you look in the nearby communities of Oakland or El Cerrito. And getting around couldn’t be easier – the entire East Bay area has a fantastic mass transit system (which includes convenient, under-the-bay train access to San Francisco.) Additionally, the typically nice year-round weather and ubiquity of bike paths make bicycling around the East Bay an absolute pleasure-So be sure to budget $100-200 for a used bicycle!
South of San Francisco, the Silicon Valley is home to countless technology behemoths like Google and Intel, as well as first-rate universities, such as Stanford and Santa Clara University. And even though the name of the valley may bring to mind technological artificiality, its varied environments could not be more naturally beautiful. Walking down the tree-lined streets, or watching shorebirds graze one of the valley’s many estuaries, one may completely forget that Hewlett-Packard’s and Yahoo’s headquarters are right around the corner.
Stanford makes it easy for students to get on-campus housing, although at a price. The estimated monthly cost of housing for a graduate student living on-campus is about $1,400 a month (including meals.) Off-campus housing can be found in nearby Palo Alto . Santa Clara University also makes allowances for international students to live on-campus, and the estimated cost of room and board is about $1,150 per month.
For students looking inland, Sacramento may fit the bill. The seat of California’s government, Time magazine has called it “America’s most diverse city.” Students interested in California history should visit downtown Sacramento’s cluster of authentic 19th-century buildings turned into shops. Nearby Davis is very student-friendly, with a centralized downtown and 95 miles of bike paths. Best of all, both Davis and Sacramento are more affordable than their coastal counterparts – a room in an apartment can be found for as little as $400.
More practical information:
* Most international students enter the U.S. on an F-1 visa, which requires a visit to a US embassy. For more information about student visas, click here .
* Many universities will help incoming international students with the visa process – so make sure you contact the admissions department for information!

* Craigslist is a popular (and free) place to find off-campus housing, jobs, used furniture, etc. There are different sites for different areas, including the San Francisco Bay Area , Los Angeles , San Diego .

Photo: ChrisStubbs / Creative Commons

For more information about the law schools offering LL.M. programs in California, please follow the links below. ]]> http://www.llm-guide.com/article/424/llm-guide-focus-on-student-life-california Mon, 15 Jun 2009 16:00:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/bi5rgmcTOKk/the-llm-in-comparative-law However, graduate studies in Comparative Law can open up a world of opportunity and a new worldview for many lawyers, whether the focus is academic or practical.
Vernon Palmer, professor at Tulane Law School, says a broadened perspective is essential for practitioners working in today’s world.
“We have a global economy in the 21st century, and we must use a global legal framework to manage that economy,” says Palmer. “It's inevitable today that any practitioner will deal with problems in multiple jurisdictions.”
For lawyers interested in academia, an LL.M. or Master's of Comparative Law (M.C.L.) can be a further step toward expanding one’s knowledge and methodological toolkit. The Comparative Legal Thought LL.M. program at Cardozo Law School in New York, for example, attracts a few students each year primarily interested in going into academia.
Several other law schools, including UPenn, Chicago, Michigan, San Diego, Florida, and NUS also have dedicated Comparative Law LL.M. programs or concentrations ( See the more complete list below ).
At the McGill Comparative Law Institute in Montreal, the LL.M. program includes students interested in pursuing further academic work, as well those looking to apply a comparative framework to legal practice and/or policy. 

“Many students are interested in learning at a graduate level with a view to go home or to an international setting to build on what they’ve learned in a comparative framework,” says Angela Campbell, director of the McGill Comparative Law Institute. “Students are looking at different policies, procedures and rules in an international context.”
Practical matters
Victoria Gordan, assistant dean at the University of Michigan Law School, finds a similarly diverse set of career goals among her Comparative Law LL.M. students, including those wanting to move into academia, private international practice, or jobs as government officials in their own countries.
Indeed, not only are the student’s goals diverse; so are their backgrounds. Most LL.M. programs have students who come from a Civil Law background and seek to gain knowledge about Common Law. Most LL.M. programs are also a diverse mix of nationalities. Michigan’s LL.M. program, for example, is made up entirely of lawyers from non-US jurisdictions.
“The program is inherently comparative legal studies because students are studying at a US law school, yet come from other countries,” explains Gordan.
The spectrum of Comparative Law methodologies varies from program to program. While some focus on the diversity and experiences of the student body or the stark differences between cultures and legal systems, other programs have developed complex comparative law methodologies.
At McGill, the “trans-systemic” approach pervades teaching and research. According to Angela Campbell, this approach inculcates “openness to ideas and familiarity beyond the immediate and the local, openness to learning about systems and rules with a view to be able to think about how these systems have developed, how jurists come to certain conclusions about specific problems.”
Therefore, students working with a comparative approach should ideally “be comfortable moving within and across different systems and rules,” says Campbell. 

 Comparing programs 

So, what should prospective students look for in a program? Given the varied focus of Comparative Law programs, prospective students need to really investigate different programs to see whether the program fits their goals.
Lawyers going into academia may have different requirements for an LL.M. program than those looking to develop a specialization and return to practice or policy work. Some programs, like Cardozo, offer unique opportunities to take seminars abroad to experience a foreign legal system first-hand, or to write an in-depth research thesis.
Prospective students should also see whether Comparative Law is part and parcel of the curriculum throughout a law school, not solely a separate field of study. Claire Dickerson, a professor at Tulane, advises prospective students to “look for a program where Comparative Law is integrated into the curriculum on a systematic basis.”
Most importantly, prospective students may want to evaluate what types of methodology are in line with their career goals. Some students may be content with simply looking at differences between legal rules and procedures, while other students may benefit more from a holistic or trans-systemic approach which evaluates legal systems and traditions.
Whichever program one chooses, most LL.M. programs are already a step towards Comparative Law studies.
“The beauty of an LL.M. program is that students already come ready for Comparative Law, doing that just by enrolling, coming from different countries,” says Amy Sugin at Cardozo.

"Students should retain that perspective and share it, feel comfortable raising their hands and sharing how they do things in their home country,” adds Sugin. “That’s a teachable moment and educationally rich for everyone involved, professors and students alike.”

Photo: TheBusyBrain / Creative Commons

For more information about the programs mentioned above or other LL.M. programs with a concentration on Comparative Law, please follow the links below. ]]> http://www.llm-guide.com/article/420/the-llm-in-comparative-law Mon, 01 Jun 2009 15:51:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/nweCyM6gu2Y/the-llm-in-finance-and-banking-law
While it's not the first economic downturn the world's lawyers have faced, it's probably the most dramatic in generations. Whether modern capitalism is truly on the ropes - as some magazine covers might suggest - is yet to be seen. It is reasonably clear, however, that global finance has entered a period of change and, possibly, reform.

So what if you're a lawyer looking to do an LL.M. in Finance or Banking Law? On one hand, a dismal job market could be the perfect opportunity to get another qualification. On the other hand, if you have a job, why give it up to study a subject that is so much in flux?

"If I were a betting man, I would guess that the financial crisis will lead to more regulation," says Sean Griffith, professor at Fordham University School of Law in New York. "Whenever there is more regulation, there is more work for a lawyer."

"Perhaps the investment banker can't say the same thing, but I think we can be optimistic about the future."

Griffith teaches on Fordham's LL.M. in Banking, Corporate and Finance Law. It is one of several LL.M. programs worldwide where lawyers can take a year of courses related to specifically to financial law, like Mergers & Acquisitions, Securities Regulation, Banking Regulation, and Investment Banking.

Other strong finance-focused LL.M. programs include those at Georgetown, Boston University, Columbia, Stanford, Melbourne, National University Singapore, Warwick, Manchester, and few of the University of London schools (a longer list is below).

Along with their focus, another advantage of finance-oriented LL.M. programs is that they attract lawyers from all over the world. According to Griffith, this helps give students a taste of what is becoming an increasingly global field, due to the many sources of international capital and the emergence of different financial models.

"One question that a disinterested observer might ask is, does the US have the best financial regulation, or are there other models we ought to consider following? What center will emerge as the next center of finance and capital in the next century? Those questions are both open. Foreign law students have a unique perspective on both of those questions that can enrich all of us."

Managing change

International scope and dealing with change are also two aspects of the International Finance Concentration within Harvard Law School's LL.M. program.

"People in finance are being thrown changes from the regulatory system everyday," says Hal Scott, co-director of the International Finance Concentration at Harvard. "You're going to need lawyers to be on top of that; to tell you what it means and how it works. And, of course, you are going to try to influence the process."

Through a year-long seminar, an extensive research paper, and a series of high-profile guest speakers, students in the Harvard International Finance Concentration are exposed to the broad range of perspectives, regardless of whether they go to work for a law firm, corporation, auditor, or government finance or justice ministry.

"It gives both public and private perspectives on these issues," says Scott of the program. "It's not narrowly legal; it's finance and law, and concentrated to a great extent on policy issues, maybe more so than on legal practitioner issues."

Interesting times

As with other legal specializations, it is difficult to say just how much of an edge an LL.M. degree gives lawyers who are looking for a job. Obviously having a Harvard degree on your resume can never hurt, but what about a specialized LL.M. in finance?

"Employers are increasingly looking for people with specializations and distinctive profiles - the generalist is no longer sought after," says Raphaela Henze, managing director of the Institute for Law and Finance (ILF) at Goethe University in Frankfurt.

"Several things will be restructured, and to do all this properly, you need highly-educated legal and financial experts," says Henze. "If you picture yourself working in the financial sector either as a lawyer or consultant, in a bank or in an auditing firm, earning an LL.M. in finance would definitely be a good choice."

But even if long-term career prospects look good for specialist lawyers, Henze warns prospective students about a reality that corporate, finance, and banking lawyers already know too well - the long hours.

"You should also be aware right from the beginning that what awaits you is not a nine-to-five job," says Henze. "Jobs in this sector are extremely demanding and spare time can be rare."

But despite the notoriously long hours and the occasional economic crisis, the rewards - monetary and otherwise - of working in financial law continue make it one of the most common career paths for young lawyers.

Added to that, now there's the draw of working in a rapidly changing field of law and sector - an excitement that Sean Griffith detects in his classes at Fordham.

"If you are a corporate law or business law teacher, these are interesting times," says Griffith. "There's plenty of room for evolution and even revolution in this area. You just open up the newspaper, and there's something to talk about in class."



Photo: herval / Creative Commons

For more information about the programs mentioned above or other LL.M. programs with a concentration on Finance Law, please follow the links below. ]]> http://www.llm-guide.com/article/416/the-llm-in-finance-and-banking-law Fri, 15 May 2009 16:55:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/e3FGDF10IFE/the-llm-in-technology-and-law
The changes had gone relatively unnoticed until a blog post (entitled "Facebook's New Terms of Service: We Can Do Anything We Want With Your Content. Forever.") prompted closer public scrutiny of the policy, which some consumer advocates said gave Facebook too much control of user data.

According to Ian Lloyd, who teaches Information Technology (IT) Law at the University of Strathclyde Law School in Glasgow, these kinds of stories could become more common as technology develops.

"In what is often called the information society, legal issues are assuming increasing importance," says Lloyd. "These range from the very practical - can a European company share personal data on its employees with a US-owned parent company to the - at least presently - theoretical, such as can someone be robbed of property in a virtual world, such as Second Life."

Strathclyde is one of a number of universities - including Essex, Southampton, LSE, Leeds, Queen Mary, Hannover, Düsseldorf, and John Marshall - that offer LL.M. programs focused on IT Law. These programs include coursework in subjects ranging from technology contracting, intellectual property, and antitrust to e-commerce, privacy, and identity management.

"Even in today's troubled financial environment, IT industries are major players and law firms are looking for graduates who have an understanding of the law affecting these important clients," says Lloyd. "Whether it is complying with data protection legislation, securing rights in domain names, running an online shop or patenting software, the possibilities are almost endless."

The same is true for lawyers working in other technology sectors. Companies are facing a wide range of legal issues associated with their technologies and assets, according to Anton Vedder, coordinator of the Law & Technology LL.M. program at Tilburg University in the Netherlands.

"Law firms and big companies like Philips and ABM Amro see that they need a new kind of lawyer to do work with new technologies," says Vedder.

Brave new lawyers

But when Vedder speaks of a "new kind of lawyer," he does not just mean people who understand the technology, but also someone who cares about its possible social impacts.

"We are going to witness a convergence of all kinds of technologies; not merely information technology, but things like nanotechnology, biotechnology, and neuroscience," says Vedder. "As a result, it will be necessary to think about regulation of human behavior with regard to all these possibilities."

"Lawyers who want to do something with the regulation of technology should have an eye that transcends traditional law," says Vedder. "They have to have a look at social sciences, risk management, and ethics."

Tilburg's is one of several LL.M. programs that looks generally at the intersection of law and technology; others include Edinburgh, Ottawa, Suffolk, George Washington University, Stanford, and Washington University. Most of these programs share some similarities, like an intellectual property component, but almost all programs allow students to focus their electives on a specific area, such as IT, e-commerce, communications, or biomedicine.

In addition to the core law and technology courses at Stanford Law School, LL.M. students in Law, Science, and Technology can take classes outside of the law school, such as at Stanford's Graduate School of Business. According to Roland Vogl, the program's executive director, going beyond traditional law classes helps prepare students for the wider context they will face when re-entering the job market.

"More and more business assets are IP assets, so we are a generation of lawyers who need to be trained in how to deal with these kinds of property and assets," says Vogl.

About landing a job in the United States after finishing an LL.M., Vogl admits that it continues to be more difficult for foreign lawyers with an LL.M. degree than for lawyers with a US JD degree, simply because US firms often don't know how to evaluate foreign academic accomplishments. But Vogl also notes that the prospects for foreign lawyers with an LL.M. degree from a top US law school to "get their foot in the door" at a US law firm have improved greatly in recent years.

"I've found that a lot of law firms find our LLMs extremely valuable," says Vogl. "Their English is great, they understand the US system, and they also have this international experience and client contacts in their home countries."

Charlotte Waelde also sees a specialized LL.M. as an asset on the job market. Waelde directs the Innovation, Technology and Law LL.M. program at the University of Edinburgh Law School, and is confident that demand for specialized lawyers in the field will not subside.

"If someone has done an LL.M. in a relevant field, they are going to come in and start work heads and shoulders above somebody who hasn't done it," says Waelde.

Waelde also notes that her program appeals to a growing number of prospective students without formal legal backgrounds - perhaps another sign that Technology Law is becoming increasingly relevant to everyday life.

"New technologies are going to become more, not less important - even despite the current recession or depression we're in," says Waelde.

"The more ubiquitous technologies like the Internet become, the more problematic they become," says Waelde, citing increasing international and national efforts to curb cyber crime. "It is never going to go away; it is only going to expand."

For more information about the programs mentioned above, and some of the other law schools offering LL.M. programs in Technology or IT Law, please follow the links below.

Photo: zoovroo / Creative Commons ]]> http://www.llm-guide.com/article/412/the-llm-in-technology-and-law Fri, 01 May 2009 15:52:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/948mOLz2cYA/us-bar-exam-faq
Some practical info for foreign lawyers considering taking a US bar exam after the LL.M.

Why should I take the bar exam in the United States?

A lot of you probably already know the answer to this. Indeed, many choose to pursue an LL.M. in the United States precisely because they want to take a US bar exam. But for lawyers studying in the USA for other reasons, there are many reasons to do it.

First, it can look good on your CV – both to US and foreign employers – if you obtain a US legal qualification rather than just pursuing a degree. Moreover, by passing the bar, you can demonstrate your understanding of US Law – often a real challenge after just a year of study in the USA. Finally, passing a state’s bar exam will, subject to the individual attorney admission requirements of the state, allow you to practice law in that state as a fully admitted lawyer. This can be much more challenging, and can offer better job prospects than working as a law clerk or foreign legal consultant. Of course, only you can decide whether taking a bar exam is right for you.

In what state should I take the exam?

Like the decision to take any bar exam at all, the decision on which state’s exam to take is a highly personal one. When deciding which state’s bar exam to choose, remember that, with extremely limited exceptions, you will only be admitted to practice law in the state where you pass the examination. Therefore, if you are planning to continue practicing in the USA after taking the examination, it might be a good idea to base the decision on where you would like to work or live rather than which state has the easiest admission requirements.

On the other hand, if you don't plan to live in the USA after the exam, you might consider the simplicity of the state’s requirements. For instance, New York is a very popular state for foreign lawyers seeking a US legal qualification (although the bar examination is by no means easy), while California is considered one of the more difficult states in which to obtain a qualification.

What can I expect generally from the exam?

The examination is taken in several parts over two or more days. Most states dedicate one day to the Multistate Bar Examination, a multiple-choice examination covering such topics as Contracts, Torts, Property, Constitutional Law, and Evidence, not specific to the law of any one state.

Another day would cover the law of the specific state administering the exam. This could be a multiple-choice exam or an essay exam, or both. In addition, the exam may include the Multistate Performance Test, designed to evaluate lawyering skills rather than substantive law.

In addition, some states such as California have a first-year law student examination, but foreign law graduates may be exempt from this requirement.

Finally, you will most likely be required to pass the Multistate Professional Responsibility Exam, which is administered on a separate occasion from the regular bar exam, and tests your knowledge of professional ethics.

As a foreign lawyer, am I eligible to take the bar exam?

Many US states permit foreign law graduates to sit their bar examinations if they meet specific requirements. A discussion of some of the requirements of two major states:

New York :
Section 520.6 of the New York Rules of the Courts of Appeals for the Admission of Attorneys and Counselors at Law, 22 NYCRR 520.1-520.15 contains eligibility requirements for individuals who have a foreign legal education. Under this section, an individual with a foreign legal education can qualify for the bar examination if the legal education was: 1) successfully completed; 2) at least three years in duration; and 3) taken in a country where the legal system is based on the English common law system.

If either 2) or 3) does not apply to you, you may be able to “cure” the problem by pursuing a course of study at a law school in the USA. In other words, if you either do not have a three-year degree in law from your country, or your country does not follow the English common law legal system, then you may still be eligible to take the bar after pursuing a course of study in the USA at a law school approved by the American Bar Association. Please note that under no circumstances would a course of study shorter than two years from a common-law country, or three years from a non-common-law country, be acceptable, even in connection with additional study in the USA.

The study itself is also subject to different requirements. First, it must be an actual “program of study,” meaning that you must be matriculated at your chosen university rather than just taking a course or two. One possible course of study is an LL.M., but this is not required. The program must involve a minimum of 20 semester hours of academic credit in order to qualify, which means that you would be required to complete 20 hours per week of study, per semester. The program you choose must be successfully completed, even if that involves completing more than the 20 semester hours of credit.

The courses must be in “professional law” subjects, rather than independent study or non-law subjects. At least two courses must be in subjects that are tested on the New York bar exam (known under the New York Rules as “basic courses in American law”). Under New York Board of Law Examiners rules, these subjects are: business relationships; conflict of laws; constitutional law (New York and federal); contracts; criminal law and procedure; evidence; family law; New York and federal civil jurisdiction and procedure; professional responsibility; real property; remedies; torts (including statutory no-fault provisions); trusts, wills and estates; and Uniform Commercial Code articles 2, 3 and 9. To determine exactly which courses are acceptable, you may want to check with your university.

To learn more about the eligibility requirements for the New York Bar exam, visit the website of the New York State Board of Law Examiners.

California :
The requirements for taking the California bar exam are similar to those in New York, except that every foreign law graduate must complete an entire year of law study at an approved law school in the US except those who are admitted to the practice of law in their home country. Foreign-admitted lawyers do not require any additional study.

On the subject of the “first-year law students’ examination,” there appears to be conflicting information on whether foreign law students are required to pass it before becoming eligible to take the California bar. It is highly recommended that you contact the California Conference of Bar Examiners to obtain an individual evaluation of your eligibility.

To learn more about the eligibility requirements for the exam, visit the website of the State Bar of California.

Other states :
Each state has its own requirements. Many of the requirements are extremely complex, and may include reduced or different requirements for applicants who are already admitted to the bar of another US state or of their home country. It is strongly recommended that you contact the state where you seek to be admitted to learn their requirements and, if possible, have them individually assess your eligibility.

To get an overview of the individual requirements of each state, check out the National Conference of Bar Examiners’ Comprehensive Guide to Bar Admission Requirements 2009 here .


Photo: _cck_ / Creative Commons ]]> http://www.llm-guide.com/article/407/us-bar-exam-faq Tue, 07 Apr 2009 14:34:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/YHStEgxx960/us-student-visa-faq
Once you get into a US LL.M. program, the next step is getting a student visa. Here is some info you’ll need to know.

What sort of visa do I need to study in the USA?

The most common type of visa for university students in the USA is the F-1 student visa, a so-called “non-immigrant” (meaning basically temporary) visa.

What are the requirements for this visa?

In order to obtain the F-1 visa, you need: 1) to be enrolled in a program; 2) the program must be full-time “academic” education (as opposed to, e.g., vocational training), and 3) it must be an approved educational program. Most LL.M. programs at major US universities likely meet these requirements, but be sure to check with your university.

In addition, you should be prepared to demonstrate that you do not have “immigrant intent,” meaning that you should be ready to show that you have a foreign residence where you intend to return after you finish your studies, as well as the intent to return when your program is completed. It is very helpful to demonstrate ties to your home country, such as family, job, or even a bank account. If you are found to have “immigrant intent,” your visa may be denied.

Moreover, you need to demonstrate that you will have sufficient funds to support yourself and not become dependent on public assistance during your time studying in the USA. ( More on this below )

Finally, you need to be proficient in English. Your university will have its own English proficiency requirements, and will have determined whether you have met these requirements before you are accepted. All this information will be indicated on Form I-20, which the university will issue you before you apply for the visa.

When should I apply for a US student visa?

You can apply for the F-1 visa as soon as you are accepted to the program, are issued the I-20, and are in possession of the rest of the necessary documentation. Of course, it is better to apply as early as possible to allow for potentially lengthy processing times. Please note, however, that consulates will not issue the visa until 120 days before the start date of your program as indicated on the I-20. They may hold your application until the 120-day mark.

Moreover, under US immigration law you will not be permitted to travel on the student visa until 30 days before the start of your program. If you absolutely must travel before this date, you may apply for a visitor’s visa, and explain that you want to arrive early in order to take up a course of study. However, you may run into problems subsequently changing your status from visitor into F-1 student in the United States. In addition, citizens of visa-waiver countries (including most European countries) must still apply for a visitor’s visa in order to change later into a student visa, as the passport stamp given to nationals of visa waiver countries cannot be converted.

How do I apply for an F-1 visa? What documents do I need?

Please see the links to the official US government websites at the end of this article.

Can I work while I am on a student visa?

In principle, you are permitted to work only on the university campus with an F-1 student visa. This means a job that is associated with the university, either directly for the university or an independent contractor providing services directly to students. Off-campus work may be permitted in cases of severe economic hardship that is through no fault of the student, after the student has been enrolled for one year. F-1 students may, depending on their specific situation, also be eligible for part-time employment in the form of Optional Practical Training (OPT) during their studies, after they have been enrolled for one full year. ( See below for more information about OPT )

Of course, you should make sure that any work you undertake does not interfere with your status as a full-time student, such as by not allowing you to maintain a full course load. Moreover, you are required to demonstrate at the time of applying for your visa that you have sufficient funds to support yourself. This means that if you do not already have an on-campus job offer from the university or institution where you will be studying, then you will likely be required to demonstrate that your funding will come from sources other than employment.

What happens to my visa after I complete my studies?

F-1 student visas are usually issued on a “duration of status” basis, meaning that as long as you maintain your status as a full-time student, your visa is valid. However, if at any point you are found to be violating this status (either by working full-time, on an unauthorized basis, by decreasing your course load to below full-time status, or by any other means), then your visa may be revoked and/or deportation proceedings may be initiated against you.

Once you have completed your studies, you have 60 days to arrange for your departure from the United States.

Do I get to stay in the USA for a year after completing my LL.M.?

You do not automatically get one year in the USA after completing a course of study. Depending on your exact situation, you may, however, be able to apply for an employment authorization document for Optional Practical Training (OPT), or temporary employment (paid or unpaid) directly related to your course of study, for up to a year after completion of your requirements for your degree. If you have been authorized for OPT during your studies, however, this will be deducted from the time you are allowed to work after completion of your degree, up to a total of one year.

What if I want to stay and work afterward – can I do that?

F-1 students may, in principle, apply either to change their status to non-immigrant worker (visas such as H-1B or O-1), or to adjust their status to lawful permanent resident based on an offer of employment. However, these applications pose complex issues, and may require you to return to your home country. You should consult with an immigration lawyer for information specific to your situation.

What’s the deal with the US economic recovery plan restricting employment of foreign workers?

The recently-enacted legislation known as the American Recovery and Reinvestment Act of 2009 does provide for certain restrictions on the issuance of H-1B visas to foreign workers. Any company receiving government bailout funds will be subject to stricter controls regarding laying off US workers and ensuring that no qualified US workers are available before being able to hire a foreign worker legally on an H-1B visa.

However, law firms are not likely to receive federal funding under the existing US economic recovery programs. As a result, this may not be relevant for individuals seeking US legal employment (except with financial services firms or as in-house counsel). Moreover, the rule is currently set to expire within two years (it could, however, be extended).

Are there any exceptions to these rules for nationals of certain countries?

Canadians and citizens and residents of some island nations are visa-exempt. This means they do not need to apply in advance for a student visa, but must apply at the US port of entry for student or exchange visitor status.

More information regarding Canadian students can be found here , and information about other visa-exempt countries here .

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For more information about US student visas, please visit the websites below :

• US State Department Visa Information Website
• US Department of Homeland Security Student Visa Fact Sheet
• Information for students who have been granted a US student visa
• General information about studying in the United States


Please be advised that the above is general information and should not be considered legal advice. Each case is different and the US immigration laws are extremely complex. To receive advice specific to your situation, please consult with a qualified immigration lawyer.

Ilona Stanley is a self-employed lawyer based in Berlin, Germany, and specializing in US immigration law. You can visit her website here .

Photo: star5112 / Creative Commons ]]> http://www.llm-guide.com/article/400/us-student-visa-faq Mon, 23 Mar 2009 09:52:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/NMPTuO_6s-8/the-llm-in-us-law
Some lawyers enroll in these - and other US-based LL.M. programs - because they plan to take the bar exam for New York or California, two US states that allow LL.M. graduates without an American Bar Association-recognized JD degree to sit the exam.

Deborah Call, associate dean at the University of Southern California (USC) Gould School of Law, says that about two-thirds of the students on her LL.M. program for foreign lawyers take a US state bar exam, even when their intention is to return to their home country.

"They do it because it gives them an opportunity for advancement in their job back in their home country, or gives them a leg up if they are going go back out into the job market," says Call.

"Many of our alumni are partners in their law firm now," she adds. "Passing that bar has really been a big piece of their ladder up."

While USC and other law schools offer some bar exam prep workshops for LL.M. students interested in taking the exam, it is not the focus of the academic year.

"We don't pretend to do in one year what a JD program does in three," says Peter Kochenburger, director of graduate programs at the University of Connecticut School of Law, which offers a US Law LL.M. program. "But an LL.M. is a way to get a credential to practice law in the United States in a third of the time."

Kochenburger says that despite a growing demand for specialized LL.M. programs, many lawyers from abroad are still drawn to more general US Law programs. Part of this is due to the academic reputation of US law schools abroad, which can be useful for lawyers who want to become academic professors.

Another major draw is that US Law is still one of the most - if not the most - influential and relevant legal systems in the world.

"In a practical sense, for individuals who see their legal career as working for companies or law firms that do business all over the globe - or at least more than in their home country - US Law is probably the best choice," says Kochenburger.

"Is that going to change in ten years? Who knows? But right now, it is the dominant law of commerce internationally."

According to Deborah Call at USC, students tend to choose classes within the program based how much experience they have practicing law. The average work experience for USC LL.M. students is around 3.5 years, but some come with more or less experience.

"Those that have more years of work experience are much more comfortable, and willing to take a corporate transactions class, for example," says Call. "These are the smaller seminar classes where they have to engage."

"I find that the younger students will stay in the larger, lecture-type classes."

Beyond the bar

Of course, another major advantage of a US Law LL.M. is the chance for foreign lawyers to improve their English language skills through reading assignments, interacting with classmates, writing exams, not to mention just getting by for a year living in an American city.

In addition, some smaller programs intentionally mix foreign LL.M. students with American law students. The LL.M. program at Vanderbilt University, for example, admits around 30 foreign students a year who end up taking most of their classes alongside American JD students.

"There's kind of visceral familiarity with American legal culture that develops when you've spent a year here," says Vanderbilt Law School Dean Edward Rubin. "Some of the value of an LL.M. comes from learning law, but some of it also comes from the socialization - the contact and familiarization."

"When they go back to their home countries, their ability to get on the phone with Americans, negotiate with Americans, and understand something that was written by an American is significantly better."

In addition, after a year studying in the United States, lawyers can come out with a more nuanced view of their own legal system. Rubin compares it to the time he spent studying Japanese law in Japan as a young law student.

"I found that it taught me so much about American law," says Rubin. "It made me look at our own legal system so much more critically. Here's an advanced industrialized country with essentially the same material culture as ours, and yet they can think so differently on many cases."

Like Rubin, Peter Kochenburger at UConn thinks that a diversity of foreign students also benefits American law students in an increasingly globalized profession.

"If you're in New York City or Washington DC, sitting down with foreign students might be something you've done a lot of," says Kochenburger. "That's not true of most of the country."

"Having students from Uzbekistan, Germany, China, Saudi Arabia, or Peru really brings an intellectual richness to the program and the law school as a whole," he says.

"And, I should add, they are highly coveted by our soccer team."

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Photo: NcinDC / Creative Commons

For more information about the programs mentioned above, and some of the other law schools offering LL.M. programs in US Law, please follow the links below. ]]> http://www.llm-guide.com/article/391/the-llm-in-us-law Wed, 25 Feb 2009 09:32:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/FZtBPTGONnk/the-llm-in-business-law-commercial-law
But why do some lawyers opt to spend another year studying for an LL.M. in Business Law (also known as Commercial Law)? What do these programs offer?

For one, many business-related LL.M. programs focus on International Business Law, which is seldom taught extensively in primary law degrees. Many lawyers also pursue these programs to improve their legal English, learn more about comparative business law practices, develop marketable skills (like research and negotiation), and get exposure to foreign law and lawyers. All of this makes them more valuable when they return home.

"The LL.M. should go beyond the parameters of broad law school curricula that
focus on passing the bar or other qualifying exam," says Spyros Maniatis, director of the Center for Commercial Law Studies at Queen Mary University London.

"It provides a chance to delve into the detail, but also appreciate the context of a specialist field from an international and comparative perspective," says Maniatis. "With a law degree students learn the language of the law; with a good LL.M. they can pick up its nuances."

A Business Law LL.M. can also deepen a lawyer's awareness about the links between business and other fields of law - even those that might seem unrelated at first.

"People come here wanting do one thing,” says Padideh Ala'i, a professor at American University, Washington College of Law (WCL). “But I keep telling my students, ‘that's not how the world functions; it is not so clear-cut.’"

"Environmental laws affect business. Human rights laws affect business," says Ala'i. "This distinction between business and non-business hasn't been good for the world."

WCL is one of several law schools offering an LL.M. program with a strong Business/Commercial Law focus; others include Harvard, NYU, Georgetown, Queen Mary, LSE, Edinburgh, Durham, Tilburg, and NUS, to name just a few. The PALLAS Consortium, as well as the universities of Leiden, Lund, Amsterdam, Lausanne, Manchester, and Vienna all offer European Business Law specializations, while the Chinese University of Hong Kong's Chinese Business Law program closely examines regional business laws.

Another unique program is the Master of Law and Business (MLB) program in Germany - a partnership between Bucerius Law School and the WHU - Otto Beisheim School of Management.

According to MLB Dean Clifford Larsen, the program emerged partly from the realization that "clients of law firms are demanding lawyers that understand business concepts," just as business people were recognizing critical gaps in their legal knowledge.

"We are different from an LL.M. program in that we want to have both groups together in all of the courses," says Larsen. "They learn a lot more from each other that way."

"It's like having a medical student in the class with a patient, in the sense that lawyers are confronted with the ideas and perceptions of the business people in the law courses...It helps you understand how your clients think."

Return on investment?

But do law firms and other employers actually value these experiences and skills when it comes time to hire graduates of these programs?

Professor Ala'i at WCL says that many firms look at an LL.M. as a must when hiring someone to work in one of their foreign offices. Along with demonstrating language competence, the degree familiarizes foreign lawyers with how US firms operate and deal with business clients.

"An LL.M. is crucial because law firms know they'll have lawyers working in their own country, but (with an LL.M.), they now also have an understanding of what's here and how international transactions work," says Ala'i. "It's becoming increasingly marketable."

In terms of landing a job in the United States, however, a Business Law LL.M. is no silver bullet.

"Unfortunately, law firms continue to look at LL.M. students not as people, but as countries," says Ala'i. "There's almost a presumption that they look at you primarily as how useful are you going to be in the context of the country where you got your primary degree."

According to Spyros Maniatis at Queen Mary, doing an LL.M. can have other benefits.

"In my student days, an LL.M. was not necessarily a requirement; it was more of an eye-opening experience," he says. "I think today more people do it to build up a specialist area for themselves. This is partly how the LL.M. has changed: it is not only an educational experience; it is becoming a professional tool."

"When you go to a law firm, you have to go through all the departments and learn something about everything," says Maniatis. "At the end of the day, if you have a good LL.M. in a particular area, you will, hopefully, end up working in this field."

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Photo: sonewfangled / Creative Commons

For more information about the programs mentioned above, and some of the other law schools offering LL.M. programs in Business Law, Commercial Law, or International Business Law, please follow the links below.
]]> http://www.llm-guide.com/article/382/the-llm-in-business-law-commercial-law Tue, 03 Feb 2009 10:36:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/tIEMeecxl2g/student-report-sydney-law-school
The University of Sydney offers a flexible approach to getting an LL.M. It is possible to undertake units of study in "intensive mode" (that is, four- to five-day blocks of classes), as well as classes taught once or twice a week for a couple of hours.

With this in mind, I applied in late 2007, and attended my first intensive unit in Administrative Law at the Sydney campus. Attending this course in my own city (with close proximity to my office) was fantastic. We were able to cover a whole range of topics and delve deeper into the issues.

The program's approach is also flexible in terms of location. The "Sydney Law School in Europe" program lets students take their intensive units at a variety of interesting European cities and prestigious institutions, like Robinson College at Cambridge University and Humboldt University in Berlin. This option provides an opportunity for pre- or post-course travel, meeting students and lecturers from foreign institutions and, I believe, would be well regarded on a curriculum vitae.

The second unit I undertook for 2008 was International Corporate Law, a four-day intensive unit at the Walter Hallstein Institute at Humboldt University. The lecturer was Saul Fridman who is a senior lecturer at the University of Sydney. One of my fellow students was, in fact, an Aussie who had started his LL.M. at the University of Sydney some years ago, but had made the move to London. The Sydney Law School in Europe program was a way for him (and other Australians living in Europe) to continue with his studies with just a quick flight to Berlin.

Over the course of those four days, we sat in the library of the Walter Hallstein Institute immersed in hundreds of books. The course itself was highly rewarding. We covered a number of jurisdictions (focusing on Australia, the United States, the UK, Canada, and Germany), and had lively discussions. Of course, Professor Fridman played a large part in the success of the unit. He ensured the unit was interesting and relevant, and was also very generous with his time after class. The whole class enjoyed a lively "policy" discussion at a Berlin beer garden, as well as a group dinner at a Vietnamese restaurant at the end of the course.

For those who have never visited, Berlin is a vibrant city with an immense history reflected in the design of the buildings, the food (and drink!), the music, and of course, its people – the Berliners. I had an amazing time exploring the city before and after class. A bike tour of the city after I had finished the course included a stop outside Humboldt University where the guide explained that Karl Marx had studied there, and that Albert Einstein had been a physics professor there. I was impressed, and appreciative of the opportunity to attend a campus with such history.

I am currently taking my third LL.M. unit here in Sydney, expecting to complete my degree in 2010. My flight to London for a unit in Cambridge in May this year is already booked!

Photo: Barbara McDonald ]]> http://www.llm-guide.com/article/376/student-report-sydney-law-school Mon, 26 Jan 2009 14:19:00 +0200 http://feedproxy.google.com/~r/llmguidearticles/~3/vVwOv9aH5xw/the-llm-in-maritime-law
Given the economic importance of the industry, it is no surprise to find many lawyers specializing in Maritime Law in governments, international organizations, and the shipping and litigation departments of law firms around the world.

There are over 15 LL.M. programs worldwide that offer a focus on Maritime Law (sometimes also called Admiralty Law). Few law schools offer more than a class or two as part of their J.D. or LL.B. programs, so the LL.M. is generally the only option for lawyers who want to specialize in an academic setting.

"Many go to a firm and learn it, but it's not the same learning," says Aleka Mandaraka-Sheppard, founder and director of the London Shipping Law Centre at University College London (UCL). "It takes years to learn the hard way."

"The LL.M. puts things into focus," she says. "Those who haven't done it need to pick up the pieces here and there - like a jigsaw puzzle. It's not easy. Usually, they get there and become good lawyers, but it takes more time."

Many Maritime Law LL.M. programs offer similar sets of courses: Admiralty Law, Marine Insurance, Carriage of Goods by Sea, Law of the Sea, Shipping Regulation, as well as courses covering shipbuilding, salvage, towage, collisions, and liability. Some programs have also integrated environmental law components.

Martin Davies, director of the Tulane Maritime Law Center at Tulane University, says his program attracts two main groups of students: foreign lawyers already working in the field and US lawyers looking to specialize, or "do a year's worth of nothing but maritime law."

Where the action is

Tulane's Admiralty Law LL.M. program is the only major maritime LL.M. program in the United States. Most other programs are taught in Europe and Britain, including those at Southampton, Lund, Nottingham, Bristol, and Swansea, and the specialized institutes at the University of Oslo and the International Maritime Law Institute in Malta.

A few other programs are located in major commercial ports like Rotterdam, Cape Town, and Athens, where City University London plans to expand their Maritime Law program. Due to the growing importance of Singapore (and Asia as a whole) in shipping, the National University of Singapore (NUS) began an English-language Maritime Law program in 2007.

"Traditionally, Europe was where the centers of trade and maritime law were, and the businesses were located - the insurers, the shipbuilders, etc.," says Stephen Girvin, who directs the NUS Maritime Law LL.M. and graduate diploma programs. "But the last 25, 30, 40 years have seen a gradual move East. So Asia is becoming more and more important both in terms of the practice of law and the business."

Girvin says that his program not only attracts students from Asia, but also several lawyers from Europe, some of whom are looking to land a job in the region. The NUS program offers a few Asia-specific courses, but most are international in scope, reflecting the prevailing influence of English common law.

In Singapore, as anywhere else, lawyers who take a year off to study are not only looking to broaden their knowledge; they are also seeking a boost to their resume or a stepping stone into a law firm's shipping department. Can an LL.M. program deliver?

"There's no doubt that some employers will see it as indicator of interest if a student has pursued a master's program," says Girvin. "The chances that you have studied Maritime or Shipping Law as an undergraduate are negligible, simply because the courses tend to be offered at master's level."

Meanwhile Martin Davies says Tulane's program aims to get students "as well prepared for maritime practice as it is possible coming out of law school."

"I think that an LL.M. certainly helps a graduate's prospects," he says. "As we tell our students, it doesn't guarantee that they will get a job in the field. But it often means that at least they will get an interview, because they will clearly be regarded as employable."

Photo: Jaxer / Creative Commons

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For more information about the programs mentioned above, and other law schools offering LL.M. programs in Maritime Law, please follow the links below. ]]> http://www.llm-guide.com/article/374/the-llm-in-maritime-law