U.S. Law & the U.S. Law & the AmericasAmericas

The Need for an Affordable & The Need for an Affordable & Accessible Introduction to U.S. Accessible Introduction to U.S.

Law for Latin American Law for Latin American StudentsStudents

By Valeria Elliot

Director, Lawyering in Spanish Program

University of Denver School of Law

Goal of PresentationGoal of Presentation► Show how US law schools do not provide Show how US law schools do not provide

many opportunities for Latin American many opportunities for Latin American students from low income/middle class students from low income/middle class families to participate in programs that families to participate in programs that focus on learning about the US legal system. focus on learning about the US legal system.

► Most of the top law firms in Latin America Most of the top law firms in Latin America only hire bilingual law students and law only hire bilingual law students and law graduates who have studied abroad.graduates who have studied abroad.

► Students who can afford to study overseas Students who can afford to study overseas have an advantage over students with no have an advantage over students with no international legal experience. international legal experience.

► Grants and loans are not widely available in Grants and loans are not widely available in Latin America to make studying abroad Latin America to make studying abroad more accessible.more accessible.

Therefore, law graduates from Therefore, law graduates from

low income and middle classlow income and middle class

familiesfamilies

in Latin America have in Latin America have fewer fewer

chanceschances of being hired by firms of being hired by firms

doing international legal work.doing international legal work.

Presentation OutlinePresentation Outline

►Why U.S. Law for Latin American Why U.S. Law for Latin American Students?Students?

►Programs currently offeredPrograms currently offered►Relative cost of legal education in Relative cost of legal education in

Latin AmericaLatin America►University of Denver’s University of Denver’s

Introduction to the U.S. Legal Introduction to the U.S. Legal SystemSystem

WHY U.S. LAW FOR WHY U.S. LAW FOR

LATIN AMERICAN STUDENTS?LATIN AMERICAN STUDENTS?

GlobalizationGlobalization

►Regional Trade Agreements Regional Trade Agreements ►Transnational Legal DisputesTransnational Legal Disputes►Common MarketsCommon Markets►Need for “harmonization” of Need for “harmonization” of

commercial laws in the hemispherecommercial laws in the hemisphere►Building legal infrastructure for Building legal infrastructure for

hemispheric integration and free tradehemispheric integration and free trade

See Alfredo Fuentes Hernandez, Globalization and Legal Education in Latin America: Issues for Law and Development in the 21st Century, 21 Penn. St. Int’l L. Rev. 39 (2002).

Rule of LawRule of Law

► Progress in Latin America Progress in Latin America Civil and Political FreedomsCivil and Political Freedoms Respect for Human RightsRespect for Human Rights Economic liberalization & stabilizationEconomic liberalization & stabilization

► Reform of legal system neededReform of legal system needed Impunity for crimes and corruptionImpunity for crimes and corruption Violation of Human RightsViolation of Human Rights Lack of confidence in judicial branchLack of confidence in judicial branch

Understanding Civil and Understanding Civil and Common Law SystemsCommon Law Systems

► Commentators have noted:Commentators have noted: Benefit to having working knowledge of two of the Benefit to having working knowledge of two of the

major legal systems in the worldmajor legal systems in the world Integrating Integrating comparative aspect into entire legal comparative aspect into entire legal

educational experienceeducational experience would improve legal would improve legal educationeducation

Common law legal education would benefit from Common law legal education would benefit from incorporating aspects of civil law education, such as: incorporating aspects of civil law education, such as:

► requiring a dissertation;requiring a dissertation;► oral examsoral exams► allowing students to specialize;allowing students to specialize;► mandatory clinical training;mandatory clinical training;► adding courses on theory and philosophyadding courses on theory and philosophy

See Luz Estella Nagle, Maximizing Legal Education: The International Component, 29 Stetson L. Rev. 1091 (2000); see also Xavier Blanc-Jouvan, Bijuralism in Legal Education: A French View, 52 J. Legal Educ. 61 (2002).

Interaction Among J.D. Students Interaction Among J.D. Students and Latin American Studentsand Latin American Students

““The whole law school community The whole law school community can benefit from and be enriched can benefit from and be enriched by the presence of foreign lawyer-by the presence of foreign lawyer-

students and foreign lawyers students and foreign lawyers pursuingpursuing

legal studies.”legal studies.”Luz Estella Nagle, Maximizing Legal Education: The International Component, 29 Stetson L. Rev. 1091, 1093 (2000).

Interuniversity AgreementsInteruniversity Agreements

►Powerful tool for facilitating interaction Powerful tool for facilitating interaction between U.S. and foreign law schoolsbetween U.S. and foreign law schools

►Examples:Examples: Chile Law ProgramChile Law Program University of Paris – Cornell / Columbia University of Paris – Cornell / Columbia

Universities Exchange ProgramUniversities Exchange Program University of Florida Levin – University of University of Florida Levin – University of

Costa Rica Costa Rica

U.S. Legal Education for Latin U.S. Legal Education for Latin American StudentsAmerican Students

► Improve marketability to firms in home Improve marketability to firms in home countries that deal internationallycountries that deal internationally

►Experience with Legal English and Experience with Legal English and American cultureAmerican culture

►Valuable networking for future Valuable networking for future

See Carole Silver, Internationalizing U.S. Legal Education: A Report on the Education of Transnational Lawyers, 14 Cardozo J. Int’l & Comp. L. 143 (2006); see also Carole Silver, Winners and Losers in the Globalization of Legal Services: Situating the Market for Foreign Lawyers, 45 Va. J. Int’l L. 897 (2005).

U.S. LAW & LEGAL ENGLISH U.S. LAW & LEGAL ENGLISH PROGRAMS CURRENTLY PROGRAMS CURRENTLY

OFFERED FOR INTERNATIONAL OFFERED FOR INTERNATIONAL STUDENTSSTUDENTS

Programs Currently OfferedPrograms Currently Offered

► Surveyed 15 Summer Programs in U.S. Law Surveyed 15 Summer Programs in U.S. Law and Legal Englishand Legal English Boston UniversityBoston University Case Western Reserve University School of LawCase Western Reserve University School of Law Duke LawDuke Law Fordham University School of LawFordham University School of Law Northwestern UniversityNorthwestern University University at Buffalo Law SchoolUniversity at Buffalo Law School University of California Davis School of LawUniversity of California Davis School of Law University of IllinoisUniversity of Illinois University of PennsylvaniaUniversity of Pennsylvania University of Pittsburgh Law SchoolUniversity of Pittsburgh Law School University of Santa Clara Law University of Santa Clara Law University of Southern California Gould School of LawUniversity of Southern California Gould School of Law University of Washington School of LawUniversity of Washington School of Law Washington College of Law American UniversityWashington College of Law American University Yale UniversityYale University

Programs Currently OfferedPrograms Currently Offered

► Students: Students: Targeted at LLM candidates, Targeted at LLM candidates, international legal professionals and international legal professionals and international law studentsinternational law students Non-native English speakers; must have working Non-native English speakers; must have working

knowledge of written and spoken Englishknowledge of written and spoken English 2/15 law schools restricted entrance to incoming 2/15 law schools restricted entrance to incoming

studentsstudents

► Duration:Duration: Ranged from Intensive 4-Day Ranged from Intensive 4-Day course to 10-week coursecourse to 10-week course

CurriculumCurriculum

Monday Tuesday Wednesday Thursday Friday

9:30-10:30

Criminal law

Tort - Product Liability

Contracts Breach

Agency Law Antitrust

11:00-12:00 Tort Law

Contracts Formation U.S. UCC Sales

Agency Law

Int. Arbitration

12:00-1:00 Lunch Lunch Lunch Lunch Law Firm

Tour1:00-

3:00 Legal English Legal EnglishLegal

English

Sample Week from 4-Week Program

http://lawgip.usc.edu/sle/schedule.cfm

CurriculumCurriculum► Many programs aim to facilitate adjustment Many programs aim to facilitate adjustment

to culture of U.S. legal educationto culture of U.S. legal education► Overriding goal of improving Legal EnglishOverriding goal of improving Legal English

Assignments include:Assignments include:► Formal presentationsFormal presentations► BriefsBriefs► Client Opinion LettersClient Opinion Letters► AgreementsAgreements► Update of the lawUpdate of the law► Interaction with Mentors (lawyer, professor, student)Interaction with Mentors (lawyer, professor, student)► ResearchResearch► Note-takingNote-taking► Mock Client InterviewsMock Client Interviews► Lexis-Nexis and Westlaw trainingLexis-Nexis and Westlaw training

► Focus on business and corporate lawFocus on business and corporate law

Program CostProgram Cost

► 4-Day intensive course was the 4-Day intensive course was the least least expensiveexpensive at $800 at $800 Does not include housing, food, travel expenses, Does not include housing, food, travel expenses,

visa, other expensesvisa, other expenses

► Least expensive for time spentLeast expensive for time spent is is University of Illinois Legal English Certificate University of Illinois Legal English Certificate Program at $1450 for 3 weeks. Program at $1450 for 3 weeks. Does not include housing, materials, health Does not include housing, materials, health

insurance, other expensesinsurance, other expenseshttp://www.wcl.american.edu/slei/

http://www.law.uiuc.edu/academics/legalenglish.asp

Program CostProgram Cost

►More expensive programs include More expensive programs include University of Santa Clara Law’s 3-wk U.S. University of Santa Clara Law’s 3-wk U.S.

Law Program at Law Program at $4,200$4,200 (not including (not including housing)housing)

&& University of Southern California’s 4-wk University of Southern California’s 4-wk

Summer Law & English Program at Summer Law & English Program at $4,200$4,200 + minimum of $1350 for housing. + minimum of $1350 for housing.

www.scu.edu/law/international/us-law-program.cfm

http://lawfip.usc.edu/summer.cfm

RELATIVE COST OF RELATIVE COST OF

LATIN AMERICAN LEGAL LATIN AMERICAN LEGAL EDUCATIONEDUCATION

Relative Cost of Relative Cost of Latin American Legal EducationLatin American Legal Education

► ConsiderationsConsiderations Legal education usually 4-6 year undergraduate Legal education usually 4-6 year undergraduate

program, resulting in program, resulting in bachillerato bachillerato or or licenciaturalicenciatura

Each country differs significantly in amount of Each country differs significantly in amount of grants, scholarships and loans availablegrants, scholarships and loans available

Cost of living varies significantly in each country, Cost of living varies significantly in each country, and compared to the United Statesand compared to the United States

Looking at GDP per capita and cost of education Looking at GDP per capita and cost of education in five different Latin American countries in five different Latin American countries (Argentina, Brazil, Colombia, Mexico, and Peru)(Argentina, Brazil, Colombia, Mexico, and Peru)

GDP per capita for GDP per capita for Latin America and U.S. Latin America and U.S.

CountryCountry GDP per capitaGDP per capita

ArgentinaArgentina $15,000 (2006)$15,000 (2006)

BrazilBrazil $7,745 (2003)$7,745 (2003)

ColumbiaColumbia $6,897 (2003)$6,897 (2003)

MexicoMexico $9,313 (2003)$9,313 (2003)

PeruPeru $5,275 (2003)$5,275 (2003)

United StatesUnited States $37,352 (2003)$37,352 (2003)

GDP per capita for GDP per capita for Latin America and the U.S.Latin America and the U.S.

05000

10000150002000025000300003500040000

Arge

ntina

Braz

il

Colom

bia

Mexico

Peru

Unite

d States

GDP per capita

US

$

Cost of Tertiary Education Cost of Tertiary Education (Tuition)(Tuition)

CountryCountry PrivatePrivate

Argentina*Argentina* $4,446$4,446

BrazilBrazil $4,912$4,912

ColombiaColombia $2,386$2,386

MexicoMexico $2,380$2,380

PeruPeru $5,276$5,276

United StatesUnited States $9,604$9,604

*Average cost of a legal education in Argentina is $17,785. Legal education varies between four and five years.

Education Cost/GDP per Education Cost/GDP per capita capita

Education cost/GDP per capita

0% 50% 100% 150%

Argentina

Brazil

Colombia

Mexico

Peru

United States

Living CostsLiving Costs

►Living costs = accomodation and food Living costs = accomodation and food for the academic yearfor the academic year

►Living costs in the U.S. are only Living costs in the U.S. are only 17%17% of of the GDP per capitathe GDP per capita

►Living costs in Brazil, Colombia and Peru Living costs in Brazil, Colombia and Peru are between are between 30-38%30-38% of the GDP per of the GDP per capitacapita

►Only Mexico has lower cost of living at Only Mexico has lower cost of living at 11%11%

Living CostsLiving Costs

““Even with free (public) university Even with free (public) university education, living costs amount to education, living costs amount to a substantial financial burden for a substantial financial burden for

students from low-income students from low-income families.”families.”

Yuki Murakami & Andreas Blom, Accessibility and Affordability of Tertiary Education in Brazil, Colombia, Mexico and Peru within a Global Context, The World Bank 15 (2008).

GrantsGrants

►Grants in the U.S. average 11% / GDP Grants in the U.S. average 11% / GDP per capitaper capita

►Colombia provides average grants of Colombia provides average grants of 6% / GDP per capita6% / GDP per capita

►Mexico, Brazil and Peru have Mexico, Brazil and Peru have underdeveloped grant programs with underdeveloped grant programs with only 1%, <1%, and <1% respectivelyonly 1%, <1%, and <1% respectively

LoansLoans

►Loans are extensively available in the Loans are extensively available in the United States (on average, United States (on average, 13% GDP13% GDP per capita)per capita)

►The average student in Mexico, The average student in Mexico, Colombia, Brazil and Peru receives a Colombia, Brazil and Peru receives a loan equivalent to loan equivalent to 2%2% of the GDP per of the GDP per capitacapita

Out-of-pocket costsOut-of-pocket costs

Low student assistanceLow student assistance & &

high total cost of educationhigh total cost of education

compared with the GDP per capita in compared with the GDP per capita in Latin American countries makes Latin American countries makes

education education

less affordable than in the United less affordable than in the United States.States.

Inequity in Enrollment Inequity in Enrollment in Latin Americain Latin America

►23% enrollment tertiary education in Latin 23% enrollment tertiary education in Latin America, compared with 56% in high America, compared with 56% in high income countriesincome countries

►FACTORS:FACTORS: Affordability and lack of financingAffordability and lack of financing Insufficient and unequal access to secondary Insufficient and unequal access to secondary

eded Lack of informationLack of information Low expectation of attending tertiary Low expectation of attending tertiary

education among youth from low-income education among youth from low-income familiesfamilies

Accessibility of U.S. Law and Accessibility of U.S. Law and Legal English ProgramsLegal English Programs

Country

GDP per capita

1 Year of Education

Argentina $15000 $4446

Brazil $7745 $4912

Colombia $6897 $2386

Mexico $9313 $2380

Peru $5275 $5276

Program Program DurationDuration

CostCost

4-Day4-Day $800$800

3-Week3-Week $1450 - $1450 - $4,200$4,200

4-week4-week $1900 - $1900 - $3,900$3,900

10-week10-week $7,300$7,300

Country Statistics Summer Programs

AFFORDABLE & ACCESSIBLEAFFORDABLE & ACCESSIBLE

INTRODUCTION TO U.S. LAW FOR INTRODUCTION TO U.S. LAW FOR LATIN AMERICAN STUDENTSLATIN AMERICAN STUDENTS

UNIVERSITY OF DENVER STURM COLLEGE UNIVERSITY OF DENVER STURM COLLEGE OF LAWOF LAW

Introduction to U.S. Law at Introduction to U.S. Law at University of Denver University of Denver Sturm College of LawSturm College of Law

► Designed to provide Latin American Designed to provide Latin American students with the theoretical and practical students with the theoretical and practical knowledge required to understand the knowledge required to understand the practice of law in the United States. practice of law in the United States.

► Goals:Goals: Expose foreign law students to the U.S. legal Expose foreign law students to the U.S. legal

systemsystem Stimulate interaction between Latin American Stimulate interaction between Latin American

law students and students, faculty and legal law students and students, faculty and legal professionals from the United States.professionals from the United States.

Affordable and accessible program for middle Affordable and accessible program for middle and low-income Latin American Studentsand low-income Latin American Students

Seminar ObjectivesSeminar Objectives

► Recognize and understand basic legal Recognize and understand basic legal terminology;terminology;

► Understand the sources of American law;Understand the sources of American law;► Understand the structure and basic jurisdiction of Understand the structure and basic jurisdiction of

the federal and state court systems;the federal and state court systems;► Understand the basics of civil litigation;Understand the basics of civil litigation;► Demonstrate an ability to analyze statutes and Demonstrate an ability to analyze statutes and

case law;case law;► Demonstrate an ability to apply legal reasoning to Demonstrate an ability to apply legal reasoning to

case-specific legal problems; case-specific legal problems; ► Have a broad overview of major substantive areas Have a broad overview of major substantive areas

of law.of law.

CurriculumCurriculum

Week Week 11

The American Legal System and Legal CultureThe American Legal System and Legal Culture

Overview of the State and Federal Court SystemOverview of the State and Federal Court System

Constitutional LawConstitutional Law

Week Week 22

Legal Education and the Legal ProfessionLegal Education and the Legal Profession

The sources of LawThe sources of Law

Briefing casesBriefing cases

ContractsContracts

Week Week 33

Legal Research and WritingLegal Research and Writing

Understanding Legal CitationsUnderstanding Legal Citations

Public Speaking ExercisesPublic Speaking Exercises

Evidence and Civil ProcedureEvidence and Civil Procedure

Week Week 44

Law Office MemorandaLaw Office Memoranda

Introduction to IRACIntroduction to IRAC

Criminal Law and ProcedureCriminal Law and Procedure

TortsTorts

CurriculumCurriculum

►Video production projectVideo production project Presentations by students in SpanishPresentations by students in Spanish Civil Law related topicsCivil Law related topics Used in Lawyering in Spanish classesUsed in Lawyering in Spanish classes

►Facilitate interactions between Latin Facilitate interactions between Latin American students, professors, and American students, professors, and Lawyering in Spanish studentsLawyering in Spanish students

►Help students develop professional Help students develop professional network in the U.S.network in the U.S.

CostCost

►Tuition = $400Tuition = $400►Visa Application Fee = $100Visa Application Fee = $100►Estimated Living Expenses = $1500Estimated Living Expenses = $1500

►TOTAL COST = $2000TOTAL COST = $2000

CONCLUSIONCONCLUSION

► The case for Intro to U.S. Law Programs: The case for Intro to U.S. Law Programs: Globalization, regionalization, interuniversity Globalization, regionalization, interuniversity agreementsagreements

► Programs in existence are not accessible to Programs in existence are not accessible to low- & middle-income Latin American low- & middle-income Latin American studentsstudents

► Relative high cost of legal education in Latin Relative high cost of legal education in Latin America and low amount of student America and low amount of student assistance contributing to inequalityassistance contributing to inequality

► Details of a more affordable Intro to U.S. Details of a more affordable Intro to U.S. Legal ProgramLegal Program