Juris Doctor: Difference between revisions

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[[File:CLS diploma.jpg|thumb|Juris Doctor diploma conferred by [[Columbia Law School]]|292x292px]]
A '''Juris Doctor''', '''Doctor of Jurisprudence''',<ref>{{Cite web |last= |first= |title=The Doctor of Jurisprudence (JD) Degree |url=https://law.stanford.edu/office-of-student-affairs/the-doctor-of-jurisprudence-jd-degree/ |url-status=live |archive-url=https://web.archive.org/web/20220706191250/https://law.stanford.edu/office-of-student-affairs/the-doctor-of-jurisprudence-jd-degree/ |archive-date=6 July 2022 |access-date=2023-04-09 |website=Stanford Law School |language=en}}</ref> or '''Doctor of Law<ref>{{Cite web |last= |first= |title=The Law School > Academic Catalog {{!}} The University of Chicago |url=http://graduateannouncements.uchicago.edu/graduate/lawschool/ |access-date=2023-06-15 |website=Graduate Announcements, The University of Chicago |language=en |archive-date=15 June 2023 |archive-url=https://web.archive.org/web/20230615201522/http://graduateannouncements.uchicago.edu/graduate/lawschool/ |url-status=live }}</ref>''' ('''JD''') is a graduate-entry [[professional degree]] that primarily prepares individuals to practice [[law]]. In the [[United States]], it is the only qualifying law degree, while. otherOther jurisdictions, such as [[Australia]], [[Canada]], and [[Hong Kong]], offer both the postgraduate JD degree as well as the undergraduate [[LL.B.]], [[Bachelor of Civil Law|BCL]], or other qualifying law degree depending on the requirements of the jurisdiction where the person will practice law.
 
Originating in the United States in the late 19th century, the JD is the most common law degree in the country. The degree generally requires three years of full-time study to complete and is conferred upon students who have successfully completed coursework and practical training in legal studies. The JD curriculum typically includes fundamental legal subjects such as constitutional law, civil procedure, criminal law, contracts, property, and torts, along with opportunities for specialization in areas like international law, corporate law, or public policy. Upon receiving a JD, graduates must pass a bar examination to be licensed to practice law. The [[American Bar Association]] does not allow an accredited JD degree to be issued in less than two years of law school studies.<ref name="uwsl2008">{{cite web |title=JD Program & Policies |url=http://www.law.washington.edu/students/academics/ |url-status=live |archive-url=https://web.archive.org/web/20080923205607/http://www.law.washington.edu/students/academics/ |archive-date=23 September 2008 |access-date=2 September 2008 |publisher=[[University of Washington School of Law]]}}</ref><ref name="russo2004">
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|archive-url=https://web.archive.org/web/20170509092216/http://www.nybarexam.org/
|url-status=live
}}</ref> except from the state of Wisconsin.<ref>{{Cite web |last=School |first=University of Wisconsin Law |title=Diploma Privilege {{!}} University of Wisconsin Law School |url=https://law.wisc.edu/current/diploma_privilege/ |access-date=2023-04-09 |website=law.wisc.edu |language=en |archive-date=9 April 2023 |archive-url=https://web.archive.org/web/20230409145828/https://law.wisc.edu/current/diploma_privilege/ |url-status=live }}</ref><ref>{{Cite web |title=Diploma Privilege {{!}} Marquette University Law School |url=https://law.marquette.edu/prospective-students/diploma-privilege |access-date=2023-04-09 |website=law.marquette.edu |archive-date=9 April 2023 |archive-url=https://web.archive.org/web/20230409151328/https://law.marquette.edu/prospective-students/diploma-privilege |url-status=live }}</ref> United States patent courts also involve a specialized "[[USPTO registration examination|Patent Bar]]" which requires applicants to hold an additionarequiresladditional required degree in certain scientific fields alongside their Juris Doctor degrees.<ref name="uspto">{{cite web |url=https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/becoming-patent-practitioner |title=Becoming a Patent Practitioner |author=United States Patent and Trademark Office |date=27 March 2017 |website=USPTO.gov |publisher=United States Government |access-date=3 November 2021 |quote=Learn about applying for registration to practice in patent matters before the USPTO, including requirements, forms, and exam information. |archive-date=5 June 2022 |archive-url=https://web.archive.org/web/20220605043057/https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/becoming-patent-practitioner |url-status=live }}</ref>
 
==Etymology and abbreviations==
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|place=London, UK
|publisher=Cambridge University Press
|isbn=9780521541138978-0-521-54113-8
|chapter-url=https://books.google.com/books?id=5Z1VBEbF0HAC&q=bologna+doctor+title&pg=RA1-PA399
|access-date=26 May 2008
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|volume=1, Universities in the Middle Ages
|publisher=Cambridge University Press
|isbn=978-0-521-36105-27
}}
</ref><ref name="Herbermann-etal-1915">{{cite book
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The Inns of Court continued but became less effective, and admission to the bar still did not require any significant educational activity or examination. In 1846, Parliament examined the education and training of prospective [[barristers]] and found the system to be inferior to that of Europe and the United States, as Britain did not regulate the admission of barristers.<ref name="Stein-1981" />{{rp|page=436}} Therefore, formal schools of law were called for but were not finally established until later in the century, and even then the bar did not consider a university degree in admission decisions.<ref name="Stein-1981" />{{rp|page=436}}
 
Until the mid nineteenth century, most law degrees in England (the BCL at Oxford and Durham, and the LLB at London)<ref>{{cite book|url=https://books.google.com/books?id=l8UUAAAAQAAJ|title=Oxford University Calendar|date=1833|last1=Baxter|first1=W.|access-date=2 September 2017|archive-date=9 April 2023|archive-url=https://web.archive.org/web/20230409145105/https://books.google.com/books?id=l8UUAAAAQAAJ|url-status=live}}</ref><ref>{{cite book|url=https://books.google.com/books?id=kt8NAAAAQAAJ|title=Durham University Calendar|date=1844|access-date=2 September 2017|archive-date=9 April 2023|archive-url=https://web.archive.org/web/20230409145106/https://books.google.com/books?id=kt8NAAAAQAAJ|url-status=live}}</ref><ref>{{cite book|url=https://books.google.com/books?id=3uENAAAAQAAJ|title=London University Calendar|date=1845|last1=Univ|first1=London|access-date=2 September 2017|archive-date=9 April 2023|archive-url=https://web.archive.org/web/20230409145111/https://books.google.com/books?id=3uENAAAAQAAJ|url-status=live}}</ref> were postgraduate degrees, taken after an initial degree in arts. The Cambridge degree, variously referred to as a BCL, BL or LLB, was an exception: it took six years from matriculation to complete, but only three of these had to be in residence, and the BA was not required (although those not holding a BA had to produce a certificate to prove they had not only been in residence but had actually attended lectures for at least three terms).<ref>{{cite book|url=https://books.google.com/books?id=Ad4NAAAAQAAJ|title=Cambridge University Calendar|date=1833|access-date=2 September 2017|archive-date=9 April 2023|archive-url=https://web.archive.org/web/20230409145111/https://books.google.com/books?id=Ad4NAAAAQAAJ|url-status=live}}</ref><ref>{{cite book|url=https://books.google.com/books?id=VoMPRz8nYQEC&pg=187|title=A History of the University of Cambridge:, Volume 3; Volumes 1750–1870|pages=187–190|author=Peter Searby|year=1988|publisher=Cambridge University Press|isbn=9780521350600978-0-521-35060-0}}</ref> These degrees specialized in Roman civil law rather than in English common law, the latter being the domain of the Inns of Court, and thus they were more theoretical than practically useful.<ref>{{cite web|url= https://books.google.com/books?id=Ol0qAAAAYAAJ&pg=PA533|title=The Solicitors' Journal|date=29 April 1865}}</ref> Cambridge reestablished its LLB degree in 1858 as an undergraduate course alongside the BA,<ref name="LL Cantab">{{cite web|url=http://www.britishnewspaperarchive.co.uk/viewer/bl/0001669/18581020/082/0003|title=Cambridge|date=20 October 1858|via=[[British Newspaper Archive]]|work=Norwich Mercury|url-access=subscription}}</ref> and the London LLB, which had previously required a minimum of one year after the BA, become an undergraduate degree in 1866.<ref name="LLB Lond">{{cite book|title=University of London Calendar|date=1866|page=95|url=https://books.google.com/books?id=IeQNAAAAQAAJ&pg=PA95|last1=Univ|first1=London}}</ref> The older nomenclature continues to be used for the BCL at Oxford today, which is a master's level program, while Cambridge moved its LLB back to being a postgraduate degree in 1922 but only renamed it as the LLM in 1982.<ref>{{cite web|url=http://www.law.cam.ac.uk/courses/llm/the_history_of_the_llm.php|title=LLM|publisher=Cambridge University Faculty of Law|archive-url=https://web.archive.org/web/20071102202003/http://www.law.cam.ac.uk/courses/llm/the_history_of_the_llm.php|archive-date=2 November 2007}}</ref>
 
Between the 1960s and the 1990s, law schools in England took on a more central role in the preparation of lawyers and consequently improved their coverage of advanced legal topics to become more professionally relevant. Over the same period, American law schools became more scholarly and less professionally oriented, so that in 1996 Langbein could write: "That contrast between English law schools as temples of scholarship and American law schools as training centers for the profession no longer bears the remotest relation to reality".<ref name="Langbein1996" />
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|publisher=Lawbook Exchange
|page=50
|isbn=9781584774419978-1-58477-441-9
|url=https://books.google.com/books?id=PEVayHaV4XYC&q=history+of+legal+education&pg=PA1
|via=Google Books
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}}</ref> Because the JD degree was no more advantageous for bar admissions or for employment, the vast majority of Marquette students preferred to seek the LLB degree.<ref name=Hylton-2012-01-11/>
 
As more law students entered law schools with collegepreviously awarded bachelor's degree degrees in the 1950s and 1960s, a number of law schools may have introduced the JD to encourage law students to complete their undergraduate degrees.<ref name=Hylton-2012-01-11/> As late as 1961, there were still 15 ABA-accredited law schools in the United States which awarded both LLB and JD degrees. Thirteen of the 15 were located in the Midwest, which may indicate regional variations in the United States.<ref name=Hylton-2012-01-11/>
[[File: Juris_Doctor diploma.jpg|thumb|A Juris Doctor conferred by [[Suffolk Law School]].]]
It was only after 1962 that a new push — this time begun at less-prominent law schools — successfully led to the universal adoption of the JD as the first law degree. The turning point appears to have occurred when the [[American Bar Association|ABA]] Section of Legal Education and Admissions to the Bar unanimously adopted a resolution recommending to all approved law schools that they give favorable consideration to the conferring of the JD degree as the first professional degree, in 1962 and 1963.<ref name=asklib-faq-115308/> By the 1960s, most law students were college graduates having previously obtained a bachelor's degree, and by the end of that decade, almost all were required to be.<ref name=Perry-2012-06/> Student and alumni support were key in the LLB-to-JD change, and even the most prominent schools were convinced to make the change: Columbia and Harvard in 1969, and Yale (last) in 1971.<ref name=Perry-2012-06/>{{rp|pages=22–23}}<ref name=asklib-faq-115308/><ref>
{{cite journal
|last=Schoenfeld |first=M.
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|pages=585–591
|url=http://collegewing.com/wp-content/uploads/2014/10/LLB-to-JD-for-school-website.pdf
|url-status=usurped |archive-url=https://web.archive.org/web/20141014080058/http://collegewing.com/wp-content/uploads/2014/10/LLB-to-JD-for-school-website.pdf
|archive-date=14 October 2014
}}
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|archive-url=https://web.archive.org/web/20150803095954/http://www.law.harvard.edu/academics/degrees/gradprogram/
|url-status=live
}}</ref> Similarly, Columbia refers to the LLM and the JSD as its graduate program.<ref>{{cite web|url=http://web.law.columbia.edu/admissions/graduate-legal-studies/|title=Graduate Legal Studies|work=Columbia Law School|access-date=28 August 2015|archive-date=27 August 2015|archive-url=https://web.archive.org/web/20150827064742/http://web.law.columbia.edu/admissions/graduate-legal-studies|url-status=live}}</ref> Yale Law School lists its LLM, MSL, JSD, and Ph.D. as constituting graduate programs.<ref>{{cite web |url=https://www.law.yale.edu/study-law-yale/degree-programs/graduate-programs |title=Graduate Programs – Yale Law School |website=Law.yale.edu |access-date=17 April 2017 |archive-date=1 May 2017 |archive-url=https://web.archive.org/web/20170501190904/https://law.yale.edu/study-law-yale/degree-programs/graduate-programs |url-status=live }}</ref> A distinction thus remains between professional and graduate law degrees at some universities in the United States.
 
===Major common law approaches===
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|via=Google Books
|access-date=1 August 2021
|archive-date=
|archive-url=
|url-status=
}}</ref> This system of curriculum has existed in the United States for over 100 years. The JD program generally requires a bachelor's degree for entry, though this requirement is sometimes waived.<ref>
{{cite web
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====Replacement for the LLB====
An initial attempt to rename the LLB to the JD in the US in the early 20th century started with a petition at Harvard in 1902. This was rejected, but the idea took hold at the new law school established at the [[University of Chicago]] and other universities. By 1925, 80% of US law schools awarded the JD to students who had entered the program with an undergraduate degree, while granting undergraduate entrants the LLB. The change was initially rejected by the leading law schools of the time Harvard, Yale and Columbia. By the late 1920s, schools were moving away from the JD and once again granting only the LL.BLLB, with only law schools in Illinois holding out. This changed in the 1960s, by which time almost all law school entrants were graduates. The JD was reintroduced in 1962 and by 1971 had replaced the LLB, with many schools going offering a JD as a replacement to their LLB alumni.<ref name=Perry-2012-06>{{cite journal
|first=David |last=Perry
|date=June 2012
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|pages=87–88
|publisher=Cambria Press
|isbn=978-16049761061-60497-610-6
|postscript=none
}} – see esp. Mwenda's comments on pp.&nbsp;87–88, in the section labeled "The Academic Rank of a JD" and the quoted material from Pappas immediately preceding it.
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}}</ref> <blockquote>''WHEREAS, the acquisition of a Doctor of Jurisprudence degree requires from 84 to 90 semester hours of post baccalaureate study and the Doctor of Philosophy degree usually requires 60 semester hours of post baccalaureate study along with the writing of a dissertation, the two degrees shall be considered as equivalent degrees for educational employment purposes.<ref>{{Cite web |url=https://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/2013_2014_council_statements.pdf |access-date=2022-09-23 |website=www.americanbar.org |title=Archived copy |archive-date=23 September 2022 |archive-url=https://web.archive.org/web/20220923235252/https://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/2013_2014_council_statements.pdf |url-status=live }}</ref>''</blockquote>
 
Accordingly, while most law professors are required to conduct original writing and research in order to be awarded tenure, the majority have a J.D. as their highest degree and are qualified to teach and supervise LL.M. and J.S.D candidates. However, research in 2015 showed an increasing trend toward hiring professors with both a J.D. and Ph.D. in a field that confers Ph.D. degrees, particularly at more highly ranked schools.<ref>
{{cite news
|first=Orin |last=Kerr
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|pages=21–22
|publisher=Cambria Press
|isbn=9781621969594978-1-62196-959-4
|url=https://books.google.com/books?id=jOyVvAPtTcwC&pg=PA21
}}
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|page=27
|publisher=Cambria Press
|isbn=9781621969594978-1-62196-959-4
|url=https://books.google.com/books?id=jOyVvAPtTcwC&pg=PA27 |via=Google Books
}}
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|page=72
|publisher=[[Simon and Schuster]]
|isbn=9781439122693978-1-4391-2269-3
|url=https://books.google.com/books?id=3mjxg9iNAQUC&pg=PA72
|via=Google Books
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|newspaper=[[Los Angeles Times]]
|department=National
|url=httphttps://articleswww.latimes.com/2009archives/la-xpm-2009-feb/-02/nation/-na-dr-jill-biden2-story.html
|quote=Newspapers, including [[The Los Angeles Times|the Times]], generally do not use the honorific 'Dr.' unless the person in question has a medical degree.
|access-date=2 May 2017