LL.M. Programs
that sharing of information—a dialogue—will make relevant stakeholders aware of problems, and help make it easier for those problems to be resolved. Transnational legal education provides wonderful opportunities for all involved, and can have pro- found effects in corners of the globe where one might not expect such positive impact. But there must be honesty, transparency, and a commit- ment by all stakeholders to make this happen.
This article is one attempt to inform that dialogue, and in the process improve the educational expe- rience of international students studying law in the United States.
Stakeholders and High Stakes in the Trans- national Legal Education Marketplace
Who are the stakeholders? 40
The most important stakeholders in the transna- tional legal education marketplace are students— prospective, currently enrolled, and graduated. Students are most directly involved in acquiring a direct and lasting commodity—a high quality, affordable legal education.
Other stakeholders include: foreign government education and scholarship ministries (who advise citizens of their countries on studying in the U.S., and who provide them funding); overseas law professors and academic advisors (who teach and counsel international students); the State Depart- ment and other U.S. government officials (who advise and fund international students); U.S. Con- gress (which sets immigration rules for interna- tional students coming to the U.S.); law school ad- ministrators, librarians and other staff (who work with international students); educational agents and admission consultants (who work with inter- national students and U.S. law schools on LL.M. program recruitment and placement); and over- seas parents (who want U.S. law degrees for their children, and who pay their children’s U.S. tuition, fees, and living expenses).
What are the stakes in transnational legal education? How high are those stakes?
The financial stakes in U.S. LL.M. programs are high. Nationwide, international students enrolled in law school programs easily generate an estimat- ed $200 million or more in tuition and fees each year. Tuition at many law schools is over $40,000 per year.
The U.S. economy, and the economies of localities where the law schools are located, benefit from revenues generated by international students. In- ternational students spend a considerable amount of money on housing, food, insurance, local trans- portation, mobile phones, law school books, sup- plies, entertainment, and other expenses.3
Foreign governments invest considerable sums in scholarships for their students to receive U.S. LL.M. degrees. The U.S., through the Department of State and other offices, invests considerable sums to sponsor international students through the Fulbright, Muskie and other scholarship pro- grams. Corporations and law firms send lawyers to the U.S. for LL.M. degrees, and overseas judicia- ries send their judges. Parents, family members, and other benefactors of international students invest a great deal in sending students to the U.S. to study for LL.M. degrees. Investing stakeholders expect returns.
Conflicts among stakeholders and competing stakes— “cash cows” or “diploma mills” as examples
All the individuals and entities mentioned above have a stake in the LL.M. marketplace, and some of these stakes conflict. For example, a U.S. law school may decide that its goal is to maximize the amount of revenue it gathers from interna- tional LL.M. students, and wants to minimize the school’s expenses associated with the LL.M. pro- gram. Thus, the school may decide not to reinvest LL.M. tuition revenue into the LL.M. program, but may decide to use LL.M. revenue for the J.D. pro- gram. Just as LL.M revenue may be used to en- hance J.D. programs, so too may law school reve-
ILSA Quarterly » volume 20 » issue 1 » October 2011
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