For those Indian law graduates looking to join academia, here is a development that ought to be of interest. As per multiple reportslast week, the University Grants Commission has allowed foreign PhD holders to be directly recruited as assistant professors. Most significantly, this does away with the requirement of the National Eligibility Test – a factor that has discouraged many in the past.
This development can actually be traced back to July last year when the UGC published the succinctly titled UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education. [pdf]
Amongst other things, the Regulations state to be eligible for direct recruitment to the post of Assistant Professor, you can either go through the established route of the NET (although there are some exceptions to this) or have a PhD from a foreign degree that has,
“obtained from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following: (i) Quacquarelli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai).”
These regulations have been notified in October last year so I am not sure why this has been picked up only now. In fact, this particular provision (of PhD from a foreign university) was mentioned in this news reportfrom June of last year.
Whatever be the reason for the recent reports, what this effectively means is that Indian law graduates can consider different pathways to entering Indian academy. And, also, the NET is no longer a mandatory requirement for becoming an Assistant Professor.
So far, clients at Amicus Partners have largely been of two kinds: one, law students in their final or penultimate year of law and two, law grads with a few years of work experience. So naturally, our focus has been on the LLM (and other masters courses) that are tailored for these two segments; I would say that 95% of our clientele is not really looking for anything else.
However, over the last few weeks, I have become aware of a small section of lawyers who are also considering “executive” programs – courses with a reduced residency requirement, tailored to fit into a working professional’s schedule.
Essentially, these programs provide some of the big draws of a full-time LLM: specialist knowledge, brand, and networking without having to give up the entire year (or ten months) that the full-time course would take. And of course, the associated costs that a year out of the country would carry.
To be honest, I am not quite sure if Indian lawyers see executive LLMs as a value proposition, but I do come across lawyers who are considering it. Typically, these are lawyers who are firmly on the Partner track (or close to it), and looking to up skill. At the same time, they are also wary of a year-long departure from the office.
The question is though, will they bite?
Institutions like Columbia Law School certainly think so. They have recently launched their Executive LLM program, and they are not the first major law school to do so. Given below are the details of two other US law schools that offer executive LLM’s.
Of course, you would be well-advised to read through each program’s fine print to see if they satisfy your requirements such as Bar eligibility, qualifying for OPT etc.
Columbia Law School’s Executive LLM in Global Business Law
Columbia Law Schools Exec LLM/ Columbia Law School
The newest entrant, as far as I know, to the “e-LLM” club, the Executive LLM from Columbia Law brings a whole lot to the table: online courses and assessments, a three-month residency requirement in New York City, and some stellar faculty. The website mentions that they prefer applicants with a minimum of five years of work experience.
Born out of the accelerated summer LLM program, Northwestern’s Executive LLM Chicago (ELLMC) course was formally launched in 2016. With a curriculum that “will focus on the way lawyers interact across the world with business clients and enterprises”, the ELLMC is not really for someone looking to make that switch to the US. In fact, this is one of the facts that are clearly stated on the website itself (see below)
With an LLM that is quite popular amongst Indian law graduates, LSE does enjoy a certain amount of brand recognition in India. In addition, the ELLM at LSE also comes with a set of specialisations, and can be completed over the course of four years. Applicants with at least 3 years PQE are preferred.
Tuition: £3,250 per module, 8 modules for completion (£26,000)
Application Deadline: Rolling admission
Pros: Can be covered over 4 years, Location, “Exit points” for those who don’t complete course
Cons: No scholarships, Fairly intensive teaching schedule [pdf]
In addition to the three listed above, one can also look at IE Law School’s Executive LLMthat is jointly offered with Northwestern University. And lastly, thanks to LinkedIn, I found the Master of Advanced Corporation Law (MACL) course from the University of Michigan’s Law School.
If you are visiting this blog, the chances are that legal education is a topic of interest for you. It certainly is for me, and the past few months have allowed me to read about some of the more innovative changes that are taking place in the world of legal education.
At some point in my research, and I am guessing this will be the case for others as well, I chanced upon the writings of one Professor John Flood. A Professor of Law at Griffith University, John Flood has written extensively on the changing nature of the legal profession, amongst other things. But that is not all. Listen to this episode of the Happy Lawyerto get a glimpse of his career. Also, visit his SSRN page where you can find, inter alia, his book on barrister’s clerks in the UK.
Anyway, what I found particularly intriguing about him was his thoughts on legal education, and what the future holds. Which is why I am quite excited to introduce the “Fortnightly with John Flood” (FwF) series where the professor answers a question or two on legal education.
Enough digressing, here is the first FwF:
What do you think the purpose of legal education ought to be?
Prof. John Flood
I think the answer depends on what you want legal education to achieve. Some people will insist it should be practical and vocational in nature. Perhaps if it’s an emerging economy with a great need for lawyers to handle business and emerging human rights, then creating a vocational attitude might be the way to go.
However, in both business and human rights I would like lawyers to be aware of the deeper issues that can arise. Should business be purely free market with no concern for the neighbourhood effects (externalities) which might consist of poor environmental regulation or poor labour laws regulating conditions of work?
The American approach is to consider law one of the professional schools along with medicine, business and journalism. But their approach is predicated on the fact that professional students will have done a liberal arts degree before taking a professional degree.
In many other countries like the UK or Germany law is a first degree therefore it is expected it will serve a double function of being a “liberal arts” degree along with professional training. This is not the best approach as it conflates practice and theory in ways which are antithetical. In such jurisdictions students taking law frequently resent having to take subjects like legal theory or jurisprudence later on in their degrees feeling they are a waste of time and a detraction from learning how to do “real law”.
In many other countries like the UK or Germany law is a first degree therefore it is expected it will serve a double function of being a “liberal arts” degree along with professional training. This is not the best approach as it conflates practice and theory in ways which are antithetical.
There is a tendency in many countries to follow the American style of legal education. Aside from the supposed practical aspects, American legal education has a scientific bent to it which is illustrated by the popularity and dominance of law and economics, something which isn’t found much elsewhere. These give law and legal education gravitas and status.
Law in many ways reflects what societies are like. It is a kind of social science, perhaps the first. So as societies change, so must law. And the biggest changes affecting society are those caused by automation and machine learning. Unfortunately legal education has taken very little account of these yet.
First Person Accounts (FPA’s) are meant to provide a first-hand account of Indian law graduates who have pursued a masters course from schools across the world. In this FPA interview, Amicus Partners speaks to Shantanu Kanade, who is currently pursuing an advanced LLM in International Dispute Settlement and Arbitration at Leiden Law School.
Shantanu Kanade
A graduate of HNLU, Shantanu also has a masters degree in global studies from the Jindal School of International Affairs (JSIA). In this FPA, Shantanu shares his reasons for choosing Leiden Law School, his advice for those looking to pursue an LLM, and what life in a European law school is like.
When did you decide to pursue an LLM? Was it during your days as an undergraduate student, or only after you started working?
I was deeply interested in public international law (PIL) as a subject while in law school. I was able to secure really good grades in the mandatory course on PIL. Further, three out of the four moot courts in which I represented HNLU(Manfred Lachs, Frankfurt Investment Arbitration and Jessup) were based on PIL or related subjects. Having said that, I had never considered the possibility of charting out a career in this field.
It is only whilst pursuing my first Master’s degree atJindal School of International Affairs (JSIA) that this thought struck me. I had the honour of reading courses on International Criminal Courts and Law of the Sea from Professor Gudmundur Eiriksson, a titan of international law. Thanks to him, I had the chance to interact with HE Judge Abdul Gadire Koroma, former judge of the International Court of Justice, who impressed upon me the power of international law to create a more just and equitable international order. These priceless interactions made me rediscover my love for the subject and inspired me to apply for a specialised LLM in the field.
In fact, this is the second post-graduate course that you are pursuing. What prompted you to take up a Master’s in Global Studies at Jindal University?
To be honest, there was not much planning or thought that went into this decision. I had started working as a transactional lawyer right out of law school but after about two and a half years of doing so, I decided to quit because I felt that my true calling lay somewhere else.
I was a little unclear about what that “somewhere else” truly was, though I had a few vague ideas. I therefore decided to take a short break to figure out what it was that I really wanted to do. A few months in, I had all but decided to join the chamber of a senior advocate in the Bombay High Court and pursue litigation.
However, a few days before this, I came across the MA(DLB) program offered by JSIA while I was randomly surfing the internet. I have always had a keen interest in international affairs and a voice within me said that this was something that I would want to pursue. I called up the school and they informed me that I would have to take an entrance test. I took the entrance test without much preparation and got an admission offer.
It wasn’t the easiest decision to make because: one, it was entirely unfamiliar territory and two, it involved a significant investment of time. However, I decided to trust my instinct (as I almost always do) and went ahead. As I look back, it was a decision that changed my life for the better.
How did you narrow down on Leiden and the specialised LLM? Were there any other courses/universities that you considered?
As I mentioned before, I found an excellent mentor in Prof. Eiriksson. He was of the opinion that Leiden Law School is a great place to pursue an LLM in PIL. He also emphasised (and I think that is something that future applicants may want to consider) that while the Ivy League schools in the US may have a better brand name, Leiden Law School is a better bet if one is looking to pursue a specialised LLM in PIL. This is primarily because PIL as a branch of law has its roots in Europe.
While the Ivy League schools in the US may have a better brand name, Leiden Law School is a better bet if one is looking to pursue a specialised LLM in PIL.
In fact, Hugo De Groot, widely regarded as the father of international law, is known to have read at Leiden University.
I think it is important to mention here that I had originally applied and been admitted to the Advanced LLM in Public International Law. Until last year, international dispute settlement was a specialised track within the Advanced LLM in PIL program but starting this year (2018-19), Leiden has decided to offer a new program altogether that focusses solely on international dispute settlement and arbitration.
From 2018-19, Leiden has decided to offer a new program altogether that focusses solely on international dispute settlement and arbitration (Source)
Once admitted, I was given the option to move to this program and I chose to do it because I was particularly interested in this field. The new program, the Advanced LLM in International Dispute Settlement and Arbitration (IDSA), while maintaining a PIL focussed approach, also incorporates a private law element by way of courses on international commercial arbitration, advocate and writing and negotiation and mediation.
The IDSA program is, in a way, Leiden’s answer to the MIDS program and seeks to be more connected to practice than the Advanced LLM in PIL program, which takes a relatively more philosophical and academic approach. The practical approach of the IDSA program is reflected in the fact that several of our classes are taught by practicing lawyers. So far, we have had law firm partners, barristers from the UK and associate legal officers from the ICJ [take classes].
Did you apply for any sort of financial aid?
Unfortunately, I missed the deadline to apply for financial aid. However, I must share that Leiden University has the Leiden University Excellence Scholarship for international students who have been admitted to a Master’s program.
I am, however, fortunate enough to have supportive parents who offered to loan me the money required to pursue this degree. Having said that, I must say that the overall cost (tuition fee + living expenses) of pursuing an Advanced LLM at Leiden is considerably lower as compared with comparable schools in the UK and certainly those in the US.
The overall cost (tuition fee+ living expenses) of pursuing an Advanced LLM at Leiden is considerably lower as compared with that comparable schools in the UK and certainly than those in the US.
At the same time, the academic standards of Leiden are at par with most law schools in the world when it comes to PIL (Leiden is consistently ranked in the top 10 for PIL across different rankings). This makes it quite an attractive option.
I know it is early days but what are some of the big changes that you have seen when comparing Indian law schools and international ones?
In the limited time I have spent at Leiden Law School, I have witnessed certain notable differences between law schools in India and the ones here in their approach to education.
First and foremost, there is much greater emphasis on the Socratic method of learning, essentially meaning that each class is more of a conversation between the teacher and the students as opposed to a situation where the teacher does most of the talking. As a student, one is constantly encouraged to come up with new ideas and challenge existing notions, which is intellectually stimulating.
Second, the relationship between teachers and the students is a lot less formal, especially when it comes to a Master’s program. The professors respect the fact that most, if not all, students have had some work experience before joining the program and accordingly bring a perspective to the table. They are always happy to have a chat over a cup of coffee to discuss any queries or concerns that one may have.
Second, the relationship between teachers and the students is a lot less formal, especially when it comes to that in a Master’s program. The professors respect the fact that most, if not all, students have had some work experience before joining the program and accordingly bring a perspective to the table.
Last but not the least, the method of assessment is a lot more holistic. For each course that one studies, assessment is usually broken down into sit down examinations, essays and take home examinations (in which one may refer to whatever material they wish). Further, the method of assessment is also tailored to suit the nature and content of each course.
For instance, in the course on ‘Negotiation and Mediation’, our assessment shall be based on a simulated negotiation exercise in which the class will be divided into different groups and each group will be given a specific mandate to negotiate.
Any advice for Indian law graduates who are looking to pursue a master’s course outside the country?
I am afraid there is not a “one formula fits all” advice that I may be able to offer in this regard. Every prospective applicant is different in terms of a number of things, including whether one desires to pursue a general LLM or a specialised LLM, the area of law in which one desires to specialise in, whether one plans to pursue it straight out of law school or after working for a few years, one’s financial situation and so on.
Assuming that one has limited financial means at the time of applying, one must be clear in their mind about why one wishes to pursue an LLM and what one expects to get out of it. Do keep an eye out of scholarships (offered by the concerned university and otherwise) and ensure that you apply in time!
Quite a few Indian students set out for an overseas LLM with the idea of being able to get a job. Such students must bear in mind that merely earning an LLM degree will not by itself be enough to land them a job. The LLM year merely gives one a networking platform and how well one uses this platform is up to each individual.
Merely earning an LLM degree will not by itself be enough to land them a job. The LLM year merely gives one a networking platform and how well one uses this platform is up to each individual.
Further, while pursuing an LLM from a university in a particular country does increase one’s chances of finding a job there, most countries would require one to qualify the local bar examination if one intends to work in a law firm. On a slightly sceptical note, I think one would also do well to appreciate that there seems to be a progressive increase in protectionist and anti-immigrant sentiment in several western countries and that may sometimes, not always, work to the disadvantage of Indians.
Please note that these are just words of caution meant to provide a realistic perspective and are not, by any means, an attempt to dissuade anyone from pursing an LLM abroad. In fact, I would day that if one has the means, one must definitely consider pursuing an overseas LLM for the immense potential it has to broaden your horizon.
I am three months into my program as I write this and I am enjoying every bit of it. I can vouch for the fact the sheer experience of living in a different country and studying in a class with people belonging to several different nationalities and legal traditions is, in itself, an enriching experience. I have always believed in enjoying the journey as much as the feeling of reaching the destination. In line with this philosophy, I am treating this as an opportunity to, besides earning a Master’s degree, immerse myself in the Dutch culture and explore Europe (the added advantage of pursing an LLM from a university in continental Europe is that your residence permit allows you to travel freely to all countries within the Schengen area). I also hope to acquire at least basic proficiency in a new language, preferably French.
Speaking of which, proficiency in a foreign language, especially French or Spanish, is a great asset for students desirous of pursuing a career in international dispute settlement since the ICJ and some arbitration institutions would require one to have at least a working knowledge of one of these languages. Further, quite a few law firms working in this field have teams working on international disputes based out of Paris. Accordingly, if one has the chance to learn a foreign language while in law school, I would strongly recommend it. I regret not having done it myself.
I can go on and on about this but I think I will choose to stop here as I think I have broadly covered the major points. I would conclude with this last bit of (really important) advice for all the prospective students: Don’t let the dishes and the laundry pile up, everything else will take care of itself!
Professor Kellye Testy, the President and CEO of LSAC was in India recently, and I am glad that I got the chance to speak with her on the sidelines of a conference on the future of legal education.
Both of these factors are, in my view, going to become increasingly relevant for Indian law schools, and I think there is a fair bit that we can learn from the likes Prof. Kellye. And of course, as head of the LSAC (which oversees the LSAT India entrance examination), I was quite curious to know her views on gauging one’s aptitude for a legal education.
(Edited excerpts)
How do you think the LSAT is better than, say the Common Law Admission Test?
I think there are a number of advantages to the LSAT. The first one is that it is a very reliable test. It has been around for 70 years and we continually improve it. So, we have the advantage of making sure that every question has been tested before it is released, that all the questions are well designed etc.
I think the most significant thing about the LSAT is that it tests aptitude and basic skills. It looks at things like reading comprehension, reasoning etc. So, it is not asking a young person to already know the law, because that is going to be learnt in law school. [The LSAT] is about making sure that you have that fundamental core of skill to make sure you really thrive once you are in law school.
The other thing I would say is that it is administered by an independent organization. We are non-profit, we are not associated with any institution – there is just a very high degree of transparency and fairness.
Are you in favour of the three-year model or the five-year model of studying law in India?
Well, I actually am in favour of both models in the sense that there is nothing wrong with the ability to take an undergraduate degree that is focused on law. [This degree] can help people decide if they want to study law more thoroughly. It is also good for the world generally if more people understand law, because law is so important to democracy and the rule of law.
But law is complex. And the ability for someone to have a 3-year degree is also really appropriate because then the student might be a little more mature, and have the ability to think about what the [law degree] might mean for their career. I am not someone who thinks there is only one model; there can be multiple ways to study law.
At the University of Washington’s College of Law, you managed to increase diversity in students and faculty.
[Educational equality] is a serious problem, and it is one that I have spent my life trying to figure out. Really starting from the youngest of ages, there is inequality based on race, economics, gender and all kinds of things that doesn’t let everyone have a level playing field. What that means if when you start admitting students to law school, you are going to see that inequality.
And unless you really address it, you are going to have everyone be the same in your law school class. I have always believed that diversity of all kinds makes the educational experience a lot stronger.
The way we encourage [diversity] is that, first of all, we really reach out broadly. We try and hold forums so that people who may not have lawyers in their family hear about law, and we explain the process of applying to law school.
We also do scholarship programs so that there is more of a level playing field [with respect to] economic class.
And then the other thing that is so important is that when you are conducting admissions, you look at the whole person. So, you use the test scores as part of the file, but it shouldn’t be the only thing. You also ought to look at what the personal statement says, what does the person want to do, what are their leadership capabilities. I think you can admit a diverse class when you take more factors into account.
“So, you use the test scores as part of the file, but it shouldn’t be the only thing. You also ought to look at what the personal statement says, what does the person want to do, what are their leadership capabilities.”
The other interesting bit during your previous tenure is the funding that UW managed to raise.
We talked a lot about costs in the conference, and it is a good subject because good education is expensive. You are paying people – faculty and staff. These payments have to come from either the state or [federal] government or student fees. And you don’t want to have students bear the whole burden.
I have found that looking at alumni, at the friends of the law school can really help. It is a very reciprocal relationship. Because once an alum graduates, his or her reputation is linked with that of the law school. So, [alumni] have every interest in wanting the law school to thrive.
“Once an alum graduates, his or her reputation is linked with that of the law school. So, [alumni] have every interest in wanting the law school to thrive.”
But how do you build this reciprocal relationship?
It needs to start when the person is a student – you make sure that the students know that as alums, they are going to be asked to give back. That they are going to be privileged by having that law degree and that once they are out, they should help students.
So, early on you start to help your students understand that this is not just a transaction – it is not that they are there and gone. It is their law school for a lifetime. And that is what I help them understand – once you are with me as a law student, then we are together. The fate of the law school, and your reputation are interwoven. So, you can help future generations by going out and being successful, and then giving back to the law school.
We are involved with the alumni from day one. We do continuing legal education for alumni, we keep them informed about what is happening. We invite them to come back and be judges in moot court competitions. We cheer them on when they are doing well in their careers. We help them when they are not doing so well.
“It really is about helping the alumni understand that they may be students for three years, but they are part of the law school family their whole life.”
It really is about helping the alumni understand that they may be students for three years, but they are part of the law school family their whole life.
I know US law schools are facing their own troubles of increasing costs and lower number of applicants.
Law schools did have a decline in applications after the great recession. The good news is that it has recently started going the other way – there has been an 8% increase in the number of students applying in the US, and some people think it is because what they call “Trump Bump” – people are mad about what the government is doing and thinking, “I have got to be a lawyer to help push back on the government, and make sure that the world is fair”
Now when it comes to international LLM students, the US law schools have seen a decline in numbers because of [US] immigration policy. And I think some of what motivated the JD students to apply is making the LLM students reticent to come.
Final question – what got you into law, and would you recommend it to others?
I had a bit of of a non-traditional way into law. I am a first-generation college graduate in my family. I grew up in a really small town, and I didn’t know any lawyers. But I happened to grow up in a town that happened to have a university in it – Indiana University.
And even though I was very disconnected with that, I used to sneak into the gymnasium to play basketball. That is what motivated me to first go to college – sports. And I became a journalist because I was a sports writer. I went to Indiana University to play basketball, and then I realized that I actually like academics.
I was studying journalism, and one day in communications class, a professor told us to go to the law library, find the “New York Times v Sullivan” case – it is a very famous libel case. So, I went to the library, found the case, read it, and fell in love. I realized that I would have to go to law school someday.
But because my family could not help me economically, I worked for almost five years. And then I went backto law school, applied to only one law school (Indiana) because I was so fond of it!
I have never been sorry I went. I think students should study law because it helps you be a better citizen, it helps you be a better person. I also think that there is just so many things you can do with a law degree. You might want to be a traditional lawyer, you might want to be in business, you might want to be a journalist who writes about law or what have you.
Amicus Partners 