The LL.M. Roadmap author gave a presentation at the BARBRI LL.M. PREVIEW on the topic of LL.M. Survival and Empowerment.

The question is how you as an international student may get the best out of your LL.M. program year? The lecture provides tips and hints on how you achieve maximum benefits from your LL.M. program. How can you achieve your academic, personal, and career goals?

Listed below are some LL.M. Survival and Empowerment lecture suggestions. For more survival & empowerment tips, check out LL.M. Roadmap.

1.         Embrace the Socratic Method [link to section on Socratic Method – in section on success in the LL.M. classroom]. This method of U.S. law school instruction may intimidate international LL.M. students, but it presents an opportunity for you to gain an edge in thinking on your feet, analyzing complex issues quickly, and arriving at sound solutions. Leap at the opportunity to practice your lawyerly abilities!

 You will learn how to think quickly and arrive at reasonable conclusions. U.S.-trained lawyers are expected to possess this skill!

You can get practice at the Socratic Method from taking courses like BARBRI’s LL.M. Preview.

2.         Take advantage of opportunities to gain legal skills. Sometimes this means engaging in non-credit activities outside the classroom. This may interfere with some of your study or leisure time, but it is a worthy investment.

Your U.S. law school should have opportunities for you to do clinical work with real clients, pro bono work research, internships, or other work outside the classroom. You can learn a great deal from hands-on exposure to the law. See # 4 below.

3.         Understand who is who at your law school. What is the difference between the following officials at your U.S. law school:

The U.S. government sponsored the EducationUSA LGBT Virtual College & University Fair on 4 September 2013.

The Fair was hosted by the U.S. Embassy in Tokyo, Japan, under the direction of Rosie Edmond & Jonathan Lembright (Regional Education Advising Coordinators – REACs of EducationUSA).

 Presenters in the 4-hour Fair talked about opportunities for LGBT students to come to the U.S. to study at colleges and universities. Topics included scholarships, professional associations, student programs and many other services available to LGBT students in and outside of US campuses.

The Fair’s opening remarks were made by Ambassador David Huebner, US Ambassador to New Zealand & Samoa (U.S. Embassy, Wellington). Closing  remarks were made by Consul General Patrick J. Linehan, who is U.S. Consul General at Osaka-Kobe (Japan).

LL.M. Roadmap author (George Edwards) presented on this topic:  Rights of LGBT International Students Enrolled in U.S. Colleges & Universities: International Human Rights Law, U.S. Federal Law, and State & Local Law Protections. (A handout of his presentation is attached below in this blog entry.) Many faculty and staff at other U.S. schools presented on a range of topics.

Discussion was lively throughout the Fair, with professors, staff, students, government officials from Portland to Perth to Penang, and many cities and countries in between. 

The fair was scheduled based on Tokyo time 8:00 a.m. to noon 4 September 2013. However, given the many time zones of

For many years  the U.S. has recognized protections for overseas LGBT students enrolled in the U.S., including in LL.M. programs. In the past, the protections generally fell under U.S.  obligations to protect the human rights of all persons in the U.S., without discrimination. These obligations derived from international human rights law and U.S. federal, state and local law.
 
Recently, the  U.S. has recognized more specific obligations to protect human rights irrespective of the person’s sex,  sexual orientation, or sexual identity. International LGBT LL.M. students can now point to more specific protections under U.S.  law.

General  Human Rights of International LGBT Students Protected by International &  U.S. Law

First,  all  LGBT international LL.M. students in the U.S. are entitled to protections under  general international   human rights law.

Second,  all LGBT international students in the U.S. are entitled to certain protections under US  Constitution,  Federal Statutes, State Constitutions, State Statutes, and Local Ordinances.
 
The  primary categories of rights protections under this law  follow:
 
1.   Non-discrimination  based on sexual orientation or gender identity.
2.   Equal  protection  under the law and general equality rights.
3.   Freedom  of expression  & association. 
4.   Right  to privacy.
5.   Protection  from hate  crimes, harassment,  bullying.
6.   Right  to marry  or form civil  unions or domestic  partnerships
7.   Right  to have dependents  recognized (same-sex partners, dependents)
8.   All  rights that  international non-LGBT students are entitled  to.
9.   All  rights that  non-international students are entitled to (with some  distinctions).

Some International Instruments That Protect or Incorporate Protections for International LGBT Students in the  U.S.
  o   Charter  of the United Nations
  o   Universal  Declaration  of Human Rights 
  o   United  Nations  International  Covenant on Civil & Political Rights 
  o   Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity (2006)
 
President  Barack Obama  has recognized international human rights law in his steps to protect LGBT persons, including repealing Don’t  Ask, Don’t Tell (gays to serve openly in the military), promoting marriage  equality, appointing LGBT persons to high level positions, and providing tax  and visa benefits to same sex couples at the same level as for opposite sex  couples.

 Secretary  of State Hillary Clinton  invoked international human rights law protections for LGBT persons in declaring  that “human rights are gay rights, and gay rights are human rights, once and for all.” This has been reaffirmed by U.S.  Secretary of State John Kerry.
 
Some  Domestic U.S. Laws that Protect International LGBT LL.M.  Students
  o   U.S. Constitution
  o   U.S. Federal Statutes
  o   State Constitutions
  o   State Statutes
  o   Local Ordinances

U.S. Constitution - General.
The U.S. Constitution guarantees all people, including LGBT people, “equal protection of the laws”.  LGBT students are protected in areas of freedom of speech and religion, privacy rights, and due process rights. The U.S. Constitution protects consensual same-sex private sexual conduct.

U.S. Constitution & Freedom of Expression &  Association.
The Constitution’s 1st Amendment protects free expression. The government (and public schools) may not improperly interfere with your 1st Amendment right to express yourself or to receive communications from others.  State constitutions have similar speech protections.

Your expression is protected on or off campus. You may speak about “LGBT issues”, and you have the right to receive information from other sources. You have the right to remain silent regarding sexual orientation or gender, or the right to speak if you wish. 

A  school (or the government) can restrict your speech only if your speech:  (a) is verbally abusive (like harassment); (b) promotes illegal drug use or that is lewd or profane; (c) could substantially disrupt the school’s operation; or (d) interferes with the rights of others.

Under law, freedom of association & expression go hand in hand. Students have the right to speak, communicate with, or associate with each other, or with whomever else they wish.

 U.S.  Constitution & Equality - General  U.S. visa rules for LGBT LL.M. students.
As  of 2013, under President Obama, U.S. embassies and consulates adjudicate same-sex visa applications the same as opposite-sex applications, including for international students, their same-sex spouses, and their children. 

U.S. Constitution & the Right to Marry (including international students)
In June 2013, the U.S. Supreme Court in U.S. v. Windsor recognized same-sex marriage for federal law purposes. This has many implications for international students in the U.S.

U.S. Federal Statutes
Federal statutes banning harassment, bullying, and other violence include:

 ·   Federal  Equal Access Act (EAA). (when public schools provide resources or access to non-LGBT groups, they must provide the same to LGBT groups)

 ·   1964 Civil Rights Act, Title VII. (bans discrimination based on sex, broadly construed).

 ·   Education Amendments of 1972, Title IX. (bans sex discrimination in federally supported education programs, including no sexual harassment, discrimination for failing to conform to gender stereotypes, or discrimination against inter-sexed,  transsexual, transgender or androgynous individuals.)

·    Matthew Shepard & James Byrd, Jr. Hate Crimes Prevention Act. (when bodily harm inflicted due to a
  person’s actual or perceived gender, sexual orientation, or gender  identity).
 
Freedom to Work – Federal Law
U.S. law limits the ability of international students to work in the U.S. while they are enrolled in school and after they graduate. Once an LGBT international student begins work, they are protected by federal anti-discrimination laws. Some states have similar laws.

State Constitutions
All state constitutions ban discrimination, though each state provides a different level of protection, but that protection must be consistent with the U.S. Constitution.

State & local law banning harassment, bullying, and other violence (selected).
Many states & DC have laws addressing violence based on sexual orientation and sexual identity.

State law re same-sex relationships. 
Marriage rights are currently determined by each state.  Some permit same-sex marriage, and some permit same-sex civil unions or domestic partnerships. International LGBT students are entitled to the same rights at the same levels.

Public schools versus private schools. Rights and protections at schools funded by the federal government may be different
than those at privately funded ones. Private schools that do not receive government funding may not afford as wide a range of protections as public schools. When choosing an LL.M. program in the U.S., LGBT international applicants might consider the
distinction between protections afforded by public versus private U.S. law schools.
                                                                                                                  _______

The LL.M. Roadmap website has published an article devoted to Human Rights of International Students in the U.S. This is part of an effort to help inform LL.M. students of their human rights as international students, and to help inform other stakeholders of their obligations to help ensure that all rights are protected. It is also a general call for greater protections when students leave their home countries to study abroad.

The article covers the following topics:

(a)  Human rights that international LL.M. students are entitled to when they come to the U.S. to study;

(b)  Introduction to various local, national and international charters and principles adopted to protect these rights;

(c)  How some U.S. law schools violate the human rights of LL.M. students;

(d)  Selected charters and principles to protect the rights of international students; and

(e)  A call for a United Nations Declaration on the Rights of International Students.

Operating cash cow LL.M. programs or diploma mill LL.M. programs deprives international students of their human rights. But there are many other ways in which schools, governments, private citizens, and even other students deprive international students of their rights.

Learn about human rights denial, and about human rights protections!

Please check out the article here.

If you have further ideas about how to increase human rights protections of LL.M. students in the U.S., please submit a comment below! We are happy to hear from you!

Thank you.
LLM Roadmap

PS:  Please submit your comments below about human rights of international students.
        Do you have ideas about how U.S. law schools can better protect human rights of international students?
        Comments about protecting international students in the U.S. or in other countries?
        Any other insights or comments?

Professor George Edwards, the LL.M. Roadmap author, will give presentations on U.S. legal education at U.S. Department of State affiliates on a visit to Tbilisi, Republic of Georgia. 

Professor Edwards will lecture on opportunities for Georgian students to study law in the U.S., and provide information about Master of Laws (LL.M.) and other law degree programs at U.S. law schools. He will discuss the relationship between international legal education and peace, security, diplomacy and human rights. Professor Edwards will also speak about the possibility of a United Nations International Declaration on Rights of International Students that could address discrimination against and exploitation of students enrolled at educational institutions outside their home countries. He will be hosted by different entities in Georgia, including EducationUSA Advising Centers (US Department of State) and law faculties. He will visit the U.S. Embassy in Tbilisi, and the Embassy's American Corner.

One presentation is scheduled to be at the Educational Advising Center Kvali, which is located on the grounds of the Tbilisi State University. More information about the Kvali Center (in English) can be found here. Information about other EducationUSA Advising Centers in Georgia can be found here.  The Kvali Center presentation is described in the Flyer posted below. Notices about additional presentations in Georgia will be posted here.

Attendees at these presentations and meetings in Georgia are expected to include Georgian students who wish to study for an LL.M. degree in the U.S., law faculty members from Georgia, faculty advisers who advise students on study abroad, U.S. Embassy and other officials, LL.M. graduates, and Georgian judges and lawyers. Arrangements are being set for meetings with and presentation attendance by members of the European Law Students Association (ELSA) - Georgia and the local groups of ELSA Tblisi  and ELSA Kutaisi.

Non-US students joining an American LL.M. program can gain an edge as you transition to a new legal environment at a U.S. law school.  A special 6-day LL.M. Preview course in New York will help prepare you for the rigors of your U.S. LL.M. program.

LL.M. Preview offers you an overview of the U.S. Constitution and legal system, coaching in American law teaching methodology, and training in legal analysis and writing skills.  

Gain insight into what American law firms look for in foreign candidates, how to present your credentials, and how to build a professional network that can help you achieve your career goals. Learn post-LL.M. career strategies whether you want to work for a U.S. law firm, a multi-national corporation, a governmental ministry, a law faculty, an inter-governmental organization such as the United Nations, or other entity in the U.S. or elsewhere.

Classroom simulations allow you to learn-by-doing in a safe, supportive environment. Learn effective LL.M. student survival and success strategies for you to use inside and outside your LL.M. classrooms, and receive many tips on LL.M. student empowerment.

Learn from speakers associated with some of the most prestigious institutions and firms in the country including:

• Catholic University, Columbus School of Law
  
• Columbia University Law School
  
• Fordham University Law School
  
• LinkedIn
  
• LL.M. Roadmap*
  
• Milbank, Tweed, Hadley & McCloy LLP
  

The 6-day LL.M. Preview course is offered by BARBRI, the leading Bar Exam preparation company in the U.S.  BARBRI as prepared over 1 million students to sit for the bar exam across the U.S.

Dates for 2013 LL.M. Preview are 5 - 10 August in New York. 

For more information and to enroll in LL.M. Preview, please visit the LL.M. Preview website here.

Or send an e-mail here: LLM@BarBri.com

A program for the LL.M. Preview appears below.

*Professor George Edwards, author of LL.M. Roadmap, will present on “LL.M. Student Survival & Empowerment”.  This session will focus on, inter alia, ensuring that your law school meets your reasonable expectations regarding your academic, personal and career expectations.  Professor Edwards has long advocated for rights of international LL.M. students in U.S. schools, and is exploring a proposed United Nations Declaration on the Rights of International Students. See, for example, the following:

• The Need for a United Nations Declaration of the Rights of international Students

                    Below is a copy of the program of LL.M. Preview (5 - 10 August 2013, in New York)!

International educators at a conference in St. Louis, Missouri evaluated the need for a global charter to protect international students’ human rights.  Panelists discussed how academic institutions may short-change international students, and discussed increasing levels of discrimination against and exploitation of students enrolled in schools outside their home countries. They examined health, safety, security and well-being deprivations encountered by these students. They explored  possible domestic and international remedies for these wide-ranging human rights violations.

Panelists examined the Australian Government Principles to Promote and Protect the Human Rights of International Students, and the International Student Mobility Charter of the European Association for International Education (EAIE). A call to action was made for countries, international education associations, and others to design and adopt similar localized principles and guidelines to protect international students.

A call to action was also made for a universal charter, through the United Nations, to protect international students. It could be named the United Nations Declaration on International Students’ Rights, and could be used as a model and guide for similar instruments to be promulgated by the European Union, the Organization of Amaerican States, the African Union, and other inter-governmental organizations.

Panelists suggested that educational institutions around the globe adopt international students’ rights protection instruments, disseminate them widely to stakeholders, and support enforcement measures to help ensure that international students’ internationally recognized human rights are protected at all levels.

Widespread adoption of these instruments would cement recognition that international students’ rights are human rights, and should be protected throughout the world.