There is not a lot of publicly available data about Non-JD Programs. While disappointing, this makes sense given the purpose of Non-JD Programs (I explained briefly here). However, it puts foreign-educated law grads in a difficult position when researching schools specifically for LLM programs. Relying on the JD program information is risky if the inputs and outputs of the JDs are drastically different from the Non-JDs.
The first place I point people to is the ABA Statistics page. While most of the page is devoted to JDs, the JD/Non-JD Enrollment Data is a great resource. For example, clicking on the 2020 JD/Non-JD Enrollment Data pulls up an Excel sheet with 8 years of information about Non-JD Programs (available below). I graduated law school in May 2013, so having data from Fall 2013 to the present allows me to nicely track the growth of these programs and my own career simultaneously.
If you want to see just how much the landscape in the Non-JD world has shifted since 2013, I encourage you to look at this June 2013 report, which appears to be available through a Google search.
The Problem of Definition
You can see the charts from Fall 2020 back to Fall 2013 below.
Non-JD Programs is an overly broad umbrella term that groups together totally different people seeking different things in their programs. You can see a list of such programs on the ABA website. An American J.D. graduate in a specialized LL.M. (e.g., Tax) is categorized with a foreign-educated lawyer in a general LL.M. program. Someone studying in a terminal doctoral degree (e.g., S.J.D.) is categorized with someone from another profession (i.e., a non-lawyer) in an M.S.L. program. In-person and online programs are categorized together in some years.
As M.S.L. programs experience significant growth and we see a post-pandemic shift into more online programs generally, it would be nice if the ABA requested more detailed information. At the very least, information should be broken down into the three general categories they highlight. Mode of instruction (residential, online, or hybrid) would be a bonus!
Rise of the Non-JDs:
When I started working in Fall 2013, Non-J.D. Programs were still basically synonymous with residential LL.M. programs [2024 note: schools had already had some programs that were nonresidential and non-LL.M. at that time]. The 10 largest Non-JD populations in 2013 were: NYU, Georgetown, Loyola University-Chicago, George Washington, Boston, Columbia, Temple, Vermont, American, and Harvard. Only 2 law schools had Non-J.D. Programs over 500 people (NYU and Georgetown), and only 5 law schools were 300 or more (Loyola University Chicago, George Washington, and Boston).
Around 2016, you can see shift really begin. It’s not as noticeable in the Top 10 (6 of the top 10 remained from 2013) or in the largest programs (still only 2 programs with 500+ and only 8 law schools with 300+). But schools with small or medium-sized Non-JD Programs began to see significant growth as MSL programs found their footing and an audience.
By 2020, you can see the explosion in Non-JD Programs and the change in schools with the largest Non-JD Programs. Even amidst a global pandemic, Non-JD Programs soared. While I saw commentary questioning how that was possible, my sense was that was focused on a world where Non-JD meant residential foreign-educated LLM students. The market has moved to MSLs and online, which meant the pandemic affected differently situated schools in drastically different ways. There are now 9 law schools with 500+ and 19 at 300+.
| Non-JD Total (from chart referenced above) Total # (ABA schools most to least) E-mail for any corrections/errors. | 2013 | 2016 | 2020 |
| ARIZONA, UNIVERSITY OF | 47 (67) | 192 (23) | 1,678 (1) |
| SOUTHERN CALIFORNIA, UNIVERSITY OF | 170 (19) | 358 (5) | 834 (2) |
| GEORGETOWN UNIVERSITY | 657 (2) | 829 (1) | 826 (3) |
| ARIZONA STATE UNIVERSITY | 56 (61) | 220 (17) | 766 (4) |
| WASHINGTON UNIVERSITY | 161 (20) | 411 (3) | 730 (5) |
| OKLAHOMA, UNIVERSITY OF | 33 (83) | 97 (43) | 682 (6) |
| PEPPERDINE UNIVERSITY | 100 (36) | 210 (19) | 667 (7) |
| REGENT UNIVERSITY | 61 (55) | 274 (11) | 641 (8) |
| NEW YORK UNIVERSITY | 706 (1) | 738 (2) | 629 (9) |
| NORTHWESTERN UNIVERSITY | 188 (13) | 276 (10) | 448 (10) |
Lessons For Law Schools & My Predictions
- Non-JD Programs will keep growing. As more schools enter the MSL market and online LLM degree options, look to see which schools are starting to make moves up the charts. I expect that Fall 2021 statistics (likely out in December 2021) will reinforce that MSLs are where Non-JD Programs are and will continue to be.
- Well-structured MSLs avoid three labor-intensive & tricky areas of residential foreign-educated LLM work: bar exams, job searches, and student engagement. MSL Value: Non-lawyers can’t take bar exams, you’re ideally enrolling people who already have jobs and are using your MSL for additional knowledge or to grow in their fields, and online part-time professionals avoid the need for many of the student services/support we work on in the residential LLM space. Part-time and online programs (MSL and Online LLMs) also avoids moving costs/leaving jobs, allowing less discounting through scholarships. Running a good MSL program still requires a ton of work (and there are a couple of programs I love reading about!), but expectation management is significantly different if you build your MSL the right way.
- Residential LLMs for foreign-educated lawyers will play a decreasingly important role at all but a few law schools. Residential foreign-educated LLMs require intensive support on the job search, bar exam, and student services fronts (see above). My guess is more deans & administrators will look to MSLs (see above) and online LLMs, which allow less drastic tuition discounting and lessen the concerns listed above in various ways.
- It will be interesting to see how schools balance the online LLM growth in foreign markets. For schools where the LLM talking points are a credential, an alumni network, U.S. law knowledge, etc., all those things can happen through online LLMs. Many schools are quite careful about expectation management for jobs for foreign-educated LLMs already (shoutout to NYU for one of the best pages I’ve seen!), so I think the two biggest areas where residential LLMs for foreign-educated LLMs will continue to enjoy their most success are (1) at elite schools where the credential leads to enhanced employment outcomes in the US and/or the home market and (2) schools that really focus on immersive LLM experiences for foreign-educated grads (e.g., clinic, externship, partnering with American students, law field touring, mentoring, and experiences on-campus). The former means I expect that at least 20-25 schools to not really see a dip in their residential LLM programs for foreign lawyers (and some may even see modest increases). The latter would be a big gamble for other schools and I don’t think now is the time for other schools to go “all-in” on residential LLMs for foreign-educated law grads.
- I’ve been saying this for a while, but at some point the JD/Non-JD distinction should be more carefully scrutinized. It took ages for JD programs to come under the microscope, but 0Ls have significantly more information now than they had a decade ago. This is a good thing! Consumer protection is important & Non-JDs deserve this just as much as JDs. However, I’m far more confident about meaningful pressure coming from the LLM side than the MSL side for a number of reasons.
Although I’m relatively young (I just turned 35), I am part of the old guard of Non-JD Programs. I’m a dinosaur in Non-JD Program terms, mostly due to starting right before MSLs and online programs truly scaled and monetized. In fact, the advice I give junior professionals breaking into law school work now is to focus on MSLs, Online LLMs, and certificate programs. I truly enjoy the work I get to do with residential, foreign-educated LLMs. I love getting to help lawyers from around the world prepare before arrival to maximize their experiences in U.S. law schools, supporting them while they’re studying, introducing them to successful foreign-educated lawyers thriving in the U.S., and helping them connect with their larger law school community, especially JD students.
That is not to say I can’t have a similar experience with MSLs, Online LLMs, and Certificate Programs. The Rise of the Non-JD is here to stay. Those of us who started in the residential LLM for foreign lawyers world will need to come to terms with that. The easiest way for those of us in the field to continue doing what we’re doing is add MSL, Online LLM , and Certificate Program capabilities and expertise to our portfolios. Other suggestions: (1) add international JD work to your profile (whether that’s bar support, career support, admissions, legal English, etc.); (2) consider moving over to main university positions in internationalization; or (3) if you have the entrepreneurial bent, consider consulting/teaching for a university abroad (either remotely or in-person).
Leave a comment