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2006]INTERNATIONALIZING U.S. LEGAL EDUCATION 147TABLE 1: SCHOOLS WITHLL.M.PROGRAMS IN WHICH FOREIGNLAWYERS MAY ENROLIAlabama, U. ofAlbany Law SchoolAmerican U.Arizona, U. ofArkansas, U. ofBaltimore, U. ofBoston U.Brigham Young U.California ia-HastingsCalifornia-Los Angeles(UCLA)Capital U.Cardozo School of LawCase Western Reserve U.Chicago, U. ofChicago-KentCleveland StateColumbia U.Connecticut, U. ofCornell U.Denver, U. ofDePaul UniversityDuke U.Emory U.Florida State U.Florida, U. ofFordham U.Franklin Pierce LawCenterGeorge Mason U.George WashingtonGeorgetownGeorgia, U. ofGolden Gate U.Hamline rdHawaii, U. ofHofstra U.Houston, U. ofHoward U.Illinois, U. ofIndiana U.(Bloomington)Indiana U. (Indianapolis)Iowa, U. ofJohn Marshall School ofLawLewis and Clark CollegeLouisiana State U.Loyola U. (Chicago)Loyola MarymountUniversityMiami, U. ofMichigan State U.,DetroitMichigan, U. ofMinnesota, U. ofMissouri, U. of(Columbia)Missouri, U. of (KansasCity)New England School ofLawNew York U.Northwestern U.Notre Dame, U. ofPace U.Pacific, U. of(McGeorge)Pennsylvania State U.Pennsylvania, U. ofPepperdine U.Pittsburgh, U. ofSaint Louis 0.101.102.San Diego, U. ofSan Francisco, U. ofSanta Clara U.Seattle U.Southern California, U.ofSouthern Methodist U.St. John's U.St. Mary's U.St. Thomas U.Stanford U.Stetson. U.Suffolk U.SUNY BuffaloTemple U.Texas, U. ofTouro CollegeTulane U.Tulsa, U. ofUtah, U. ofValparaiso U.Vanderbilt U.Vermont Law SchoolVillanova U.Virginia, U. ofWake Forest U.Washington and Lee U.Washington U. (St.Louis)Washington, U. ofWayne State U.Whittier Law SchoolWidener U.Willamette U.William and MaryCollegeWisconsin, U. ofYale U.The number of schools with graduate programs available toforeign law graduates increased more than fifty percent in the fiveyear period between 1998, when sixty-seven schools offered graduate programs in which foreign law graduates could and did enroll,and 2003. 9The schools offering graduate programs in which foreign lawgraduates may enroll are a diverse group in terms of their rankingin U.S. News & World Report. These rankings are unrelated to thequalities of the graduate programs for foreign law graduates; thegraduate programs themselves are not ranked (unless they are con9 1998 information is based upon comments made by J. Richard Hurt, then-DeputyConsultant on Legal Education for the ABA, as part of his presentation to the Conferenceon Post-J.D. Education for Foreign Lawyers held at Duke University School of Law(Spring 1999) (on file with author).

148CARDOZO J. OF INT'L & COMP. LAW[Vol. 14:143sidered part of another category, such as tax, for example). Rankings are considered here only as one indication of a variety of theschools sponsoring the graduate programs. Forty-six percent of theTable 1 schools occupy a spot in the first tier of the U.S. Newsrankings. 10 Figure 1 illustrates the U.S. News ranking of the 102law schools offering graduate programs open to foreign lawgraduates.1: U.S. NEWS RANKINGS FOR ALL LAW SCHOOLS WITHLL.M. PROGRAMS OPEN TO FOREIGN LAW GRADUATESFIGUREFirst Tier Second Third Tier FourthTierTierFigure 2 divides the 102 Table 1 schools offering graduate programsfor foreign law graduates between public and private institutionsfor each of the U.S. News tiers.1110 Based on 2003 law school rankings, there are forty seven schools with programs opento foreign law graduates in Tier 1, twenty four schools in Tier 2, fourteen schools in Tier 3,and seventeen schools in Tier 4. For current rankings, see Complete Guide to LawSchools: Rankings, available at /lawindexbrief.php (last visited February 22, 2005).11 Of the thirty-five schools that provided detailed information about their graduateprograms for foreign law graduates, twenty-three ranked in the Tier 1 on the U.S. News2003 ranking; eight schools ranked in Tier 2; and one each in Tiers 3 and 4.

2006]INTERNATIONALIZING U.S. LEGAL EDUCATION 149FIGURE2:DISTRIBUTION OF SCHOOLS OFFERING GRADUATEPROGRAMS FOR FOREIGN LAW GRADUATES REGARDING U.S.NEws& WORLD REPORT RANKING21 Public SchoolswPrivate SchoolsFirst Tie11Public SchoolsgrmsI98 tePrivate Schoolss130 Public Scholgras hwho coprise14Scasd TePrivate Schoolssaetmeaastenubrofpo4 Public SchoolsFoAgoth ierAinriva seiin204InThe number of lawyers enrolled in U.S. graduate law programs has increased at the same time as has the number of programs. In 1998, the sixty-seven schools with graduate programsopen to foreign law graduates enrolled over 2000 foreign students,who comprised forty-four percent of the entire post-J.D. population. According to the ABA, in the five years ending in 2004, enrollment of foreign law graduates in post-J.D. programs in U.S. lawschools has grown by more than 130%.The ABA reported thatninety-six U.S. law schools enrolled a total of 4469 foreign lawgraduates in 2004. This rate of growth exceeds the fifty-four percent increase in the number of foreign-educated lawyers who satfor the New York bar exam during approximately the sameperiod.112 Information on foreign law graduates enrollment in LL.M. programs was providedby the ABA and is on file with the author.13 In 1998,2047 lawyers who earned their legal education outside of the U.S. sat for theNew York bar exam; in 2003, the most recent year for which data is available, this increased to 3151 foreign-educated individuals-an increase of approximately fifty-four percent in five years. See NAT'L CONF. BAR EXAMINERS, TOTAL TAKING AND PASSING BYSOURCE OF LEGAL EDC. IN 1998, at 4 (1999), available at http://www.ncbex.org/stats/pdf/o998stats.pdf (last visited Jan. 25, 2005); NAT'L CON. OF BAR EXAMINERS, PERSONS TAING AND PASSING BY SOURCE OF LEGAL EDUC. in 2003, at 9 (2004), available at http://www.ncbex.org/stats/pdf/2003stats.pdf (last visited May 18, 2004). At least in New York,these numbers almost certainly include lawyers educated in a common law system outsideof the U.S. who do not need to complete an LL.M. in order to sit for the bar. See, e.g.,N.Y. Comp. Codes R. & Regs. tit. 22, § 520.6 (2005), available at http://www.nybarexam.orglcourt.htm (last visited Mar. 20, 2006).

150CARDOZO J. OF INT'L & COMP. LAW[Vol. 14:143Graduate programs for foreign law graduates generally reported a deliberate increase in size beginning in the late 1990s; thisincrease occurred at a time when overall applications to J.D. programs were decreasing and may have been a response to thisshift. 14 For example, one school that has had a graduate programavailable to foreign law graduates for more than twenty years increased from approximately thirty-five students in 1990-91 to approximately eighty students in 2003. Another program that beganin 1970 enrolled twenty students during the 1980s and 1990s, andincreased over the 2001-03 period to approximately fifty studentsper year. A third program began in 1994 and grew from elevenstudents to a 2003 enrollment of forty to fifty students. A fourthprogram, created in 2002, enrolled ten students its first year andthirty in the second year. Although information about the size ofgraduate programs available to foreign law graduates generally isnot disclosed on law school web sites, information about programsize for the thirty-five schools that offered detailed informationabout their programs is as follows:TABLE2: SIZE OF ONE YEAR GRADUATE PROGRAMS,FOR 35 SURVEYED SCHOOLS(M) indicates that the school has multiple one-year graduate programs in whichforeign law graduates may enroll, and the number reported is the combinednumber of students in all such programs1.2.3.4.5.6.7.8.9.10.11.12.300 students174 students150 students125 students127 students82 students80 students79 students73 students72 students64 students55 23.24.55 students50 students43 students37 students (M)35 students32 students32 students32 students30 students28 students27 students21 students25.26.27.28.29.30.31.32.33.34.35.20 students15 students15 students12 students11 students7 students5 students5 students5 students0 students0 studentsThe average number of students in the graduate programs at thesethirty-five law schools for the 2003-04 academic year was approxi15mately fifty-four students.Another factor relating to the variety of graduate law programs available to foreign-educated law graduates is their location14 See LAW SCHOOL ADMISSION COUNCIL, VOLUME SUMMARY DATA, http://www.lsac.org/LSAC.asp?url LSac/LSAC-volume-summary.asp (last visited Oct. 4, 2005).15 Two schools reported on brand new programs and had not yet enrolled students.

2006]INTERNATIONALIZING U.S. LEGAL EDUCATION 151in the U.S. The experience of students enrolled in a graduate pro-gram located in a major metropolitan area is different than that ofstudents attending a rural school. Figure 3 illustrates the locationof U.S. law schools offering LL.M. programs for foreign law graduates, coded for the number of schools in each state.While certain U.S. law schools offer no graduate programs forforeign law graduates, others offer multiple such programs. 16 Inorder to illustrate the number of programs available to foreign lawgraduates, as opposed to schools with such programs, Figure 4 usesthe same coding system. 7 The concentration of programs andschools in major commercial states is quite clear.FIGURE3:LOCATIONS OF SCHOOLS WITH GRADUATEPROGRAMS OPEN TO FOREIGN LAW GRADUATES16 Using Northwestern as an example, albeit not necessarily representative of otherschools, the general LL.M. program existed for decades and increased in size quite dramatically in the mid-1990s. In 1999, Northwestern began a new joint program in law and business, and in 2002 an LL.M. tax program-the latter is not aimed at foreign law graduates,but it has admitted at least one foreign law graduate. And in 2003, Northwestern began anexecutive LL.M. program for Korean lawyers that conducts classes in Seoul and inChicago.17 Please see the legend below Figure 3 and 4. Dark grey indicates one-two programsin the state, horizontal stripes indicates three-five programs, diagonal stripes indicates sixeight programs, light grey indicates ten-thirteen programs, and dots indicates more thantwenty.

152CARDOZO J. OF INT'L & COMP. LAWFIGURE4:[Vol. 14:143LOCATIONS OF GRADUATE PROGRAMS OPEN TOFOREIGN LAW GRADUATESThe break-down of programs per school is illustrated in Figure 5.18Figure 5: Number of Programs per School10S 1118 Of the 102 schools with programs available to foreign law graduates, web sites describe forty-six schools with multiple programs: twenty-six schools have two programs, tenschools have three programs, five schools have four programs, two schools have five programs and two have six programs, and one school has eight programs. This informationwas gathered from web site descriptions.

2006]INTERNATIONALIZING U.S. LEGAL EDUCATION 153Programs also differ in their student populations. Certaingraduate programs are open to foreign and domestic law graduates, while others are available exclusively to foreign law graduates. The distinction may be a matter of marketing the program ormay relate to particular course requirements for the degree. It isnot entirely clear how applicants weigh the merits of an exclusivelyforeign-student program. Fifty-eight schools, identified in Table 3,offer a total of sixty-six one-year graduate programs exclusively forforeign law graduates; at least four schools (indicated by *) offermultiple programs open only to foreign law graduates.TABLE3:SCHOOLS OFFERING PROGRAMS EXCLUSIVELY FORFOREIGN LAW GRADUATESUniversity of AlabamaAlbany Law SchoolUniversity of BaltimoreBoston UniversityBrigham Young UniversityCalifornia Western UniversityUniversity of California-HastingsUCLACase Western Reserve UniversityChicago-Kent College of Law*University of ConnecticutCornell UniversityUniversity of DenverDuke UniversityEmory UniversityFlorida State UniversityUniversity of FloridaGeorgetown UniversityHamline UniversityUniversity of HawaiiHofstra UniversityUniversity of HoustonHoward UniversityUniversity of IllinoisIndiana University-IndianapolisJohn Marshall Law SchoolUniversity of MiamiMichigan State UniversityUniversity of MichiganUniversity of MinnesotaNew England School of LawNew York UniversityNorthwestern University*Pace UniversityPennsylvania State University (Dickinson)University of PittsburghSt. Louis UniversityUniversity of San DiegoUniversity of San FranciscoUniversity of Santa Clara*University of SeattleUniversity of Southern CaliforniaSouthern Methodist UniversitySt. Mary's UniversityStanford University*Temple UniversityUniversity of TexasTouro CollegeUniversity of TulsaValparaiso UniversityVanderbilt UniversityUniversity of VirginiaWake Forest UniversityWashington & Lee UniversityWashington University in St. LouisWhittier School of LawCollege of William & MaryUniversity of WisconsinIt is possible to gain a sense of the development of LL.M. programs from the thirty-five schools that provided detailed information. Among these schools, more programs were created in the1990s than during any other period, followed by the current periodfrom 2000 to the present. Figure 6 illustrates the starting date of

154CARD OZO J. OF INT'L & COMP. LAW[Vol. 14:143LL.M. programs for foreign law graduates offered by theseschools. 19FIGURE6: WHEN WERE LL.M. PROGRAMS CREATED?(Showing 42 programs of 35 schools)14121086420Pre- 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s 2000s1920III.EXPECTATIONS AND PAYOFFS FOR THE SCHOOLS ANDTHE STUDENTSThe landscape of graduate programs available to foreign lawgraduates provides a starting point for understanding the development of the international legal education market. But what doU.S. law schools gain from hosting foreign law graduates in theirgraduate programs? And how do the graduate programs satisfythe needs of international students?Law schools experience financial and reputational gains fromtheir graduate programs for foreign law graduates. These programs internationalize the student bodies of law schools, whichschools use as evidence of their international and even global characters. While the international character of a law school may stemfrom its LL.M. program, the significance of the international labeladdresses a law school's ability to attract applicants for its J.D. program as well. As one graduate program director explained, theLL.M program brings "the global perspective to our students"2 meaning their J.D. students. Similarly, the University of BaltimoreSchool of Law describes its LL.M. program as providing the opportunity "to give foreign lawyers a first-rate education in the laws of19 A number of programs at the thirty-five schools are not included in Figure 5 becauseof an absence of information.20 Response of graduate director at school #2 to survey.

2006]INTERNATIONALIZING U.S. LEGAL EDUCATION 155the U.S. and to broaden the experience of all law students throughmore interaction with internationalstudents and exposure to diverse21populations.Most LL.M. programs are built around foreign students takinga majority of their courses with J.D. students, guaranteeing at leasta minimal level of academic interaction between the two groups;occasionally LL.M. students offer their home country perspectiveon topics examined in class and bring a comparative substantiveinsight to J.D. students. Graduate programs that attract foreignstudents allow U.S. law schools to legitimize their claims to beinginternational, and this international label is crucial to law schoolsas they try to compete for J.D. applicants; it indicates a school'sforward-looking approach and its ability to educate students forthe future.A second benefit of graduate programs for foreign law graduates relates to money: these programs are a significant source ofrevenue. Graduate programs are not subjected to the same strictoversight by the ABA as J.D. programs and this may enable lawschools to focus more on cost efficiencies than is possible for theJ.D. programs. 22 Law schools tend to thinly-staff the graduate programs in terms of both faculty and administrative support, so thatmost of the tuition dollars paid by international students in theLL.M. programs are supported by costs already incurred in connection with the J.D. programs. 23 Perhaps equally important, this tuition income comes without any concern regarding the impact on alaw school's U.S. News ranking relating to the credentials of students admitted to the graduate program. Foreign graduate students do not submit LSAT scores and are not included in a lawschool's statistics for purposes of the U.S. News ranking.21 UNIVERSITY OF BALTIMORE, SCHOOL OF LAW, tml (last visited December 26, 2003) (emphasis added).22 According to the survey responses from the graduate program director at one U.S.law school ("law school #1"), the LL.M. program allows them to "internationalize [their]school of law . to raise [their] law school's visibility abroad, and to earn revenue . "See Responses to survey from director of graduate programs for law school #1 (on file withauthor).23 According to the detailed information provided by thirty-five law schools, administrative staffing of LL.M. programs typically is minimal. The average number of staff supporting the LL.M. programs at the thirty-five surveyed schools was two persons, excludingfaculty, admissions and career placement personnel. Three programs are directed byfaculty without support from administrative staff; eight schools also have all or some of anadmissions position allocated to the program and two schools have a career placementposition allocated to the program.

156CARDOZO J. OF INT'L & COMP. LAW[Vol. 14:143The interests of law schools in hosting graduate programs forforeign law graduates are quite different than the interests of thegraduate students in these programs. As described in Section I, thetypical student in graduate programs today is a practitioner ratherthan a scholar. Generally, the U.S. law degree serves as a commoncurrency for foreign law graduates. One LL.M. graduate explainedthat "for a foreigner to have something as a point of reference forothers who can understand, as a degree from a prestigious schoolis, is a very important asset."24 Another graduate was more direct.He explained that the "value of law school [in the U.S.] is [the]prestige of [the] law school. It convinces clients of credibility.They say, 'Oh, you graduated from Harvard, you can have thisbusiness.' "25However, what exactly is it about the U.S. law school experience that offers value for foreign law graduates? For many, theimportance of U.S. clients in their home countries convinces themof the need to acquire a U.

University School of Law, for excellent and thorough research assistance, and to Mary Daly, Nicole De Bruin, John O'Hare and Oscar Stephens for valuable comments on earlier . The U.S. law school experience was a credential valued in their . Loyola Marymount Case Western Reserve U. University Chicago, U. of 51. Miami, U. of