Please note that all students are subject to the Academic Rules of Berkeley Law. The following are academic rules specific to the executive track of the LL.M. degree program. This document should be read in onjunction with the Academic Rules.
Herein, the LL.M. Remote + Summer executive track — which occurs during a single calendar year comprising purpose-built online spring and fall semesters and a full-time summer term — is referred to as “Remote + Summer.” The LL.M. Two Summer executive track — which occurs during full-time summer terms over two consecutive years — is referred to as “Two Summer.”
I. Executive Track Degree Requirements
A. Unit Requirements
Students must complete a minimum total of 24 units for the LL.M. degree.
B. Fundamentals of U.S. Law
All students must complete three units of Fundamentals of U.S. Law in their first term. Students who have earned a J.D. in common law from the U.S. or Canada may file an Academic Rules Petition to request a waiver of the requirement to take Fundamentals of U.S. Law.
Note that students in the Remote + Summer track must complete a minimum of six units during their Spring semester.
C. Legal Research and Writing and Capstone Project
1. Remote + Summer
Students must complete a total of three units of legal research and writing instruction, leading to the completion of a 20-page paper to fulfill the capstone writing requirement. The capstone project must be supervised by a Berkeley Law Legal Research and Writing professor and a UC Berkeley Academic Senate law professor.
For students without a J.D. in common law from the United States or Canada LL.M. Legal Research & Writing consists of a one-unit course in the spring semester, a one-unit course in the summer semester, and a one-unit Capstone Project Workshop in the fall semester. The memorandum to fulfill the capstone writing requirement will be on the topic assigned in Legal Research and Writing and graded on a Credit/No Credit basis.
For students with a J.D. in common law from the United States or Canada Students who have earned a J.D. in common law from the U.S. or Canada may file an Academic Rules Petition to request a waiver of the requirement to take LL.M. Legal Research & Writing, and instead fulfill their legal research and writing requirement by taking the two-unit course “Legal Research and Writing: Advanced Scholarship” in the summer semester and the one-unit Capstone Project Workshop in the fall semester. Students who elect this option are required to choose a topic on which to write an academic research paper to fulfill the capstone writing requirement. The resulting paper must be a minimum of 20 pages in length, and will be graded on a Credit/No Credit basis.
2. Two Summer
Students must complete two units of LL.M. Legal Research and Writing in their first summer semester, during which they will complete a 15-page memorandum on an assigned topic to fulfill the capstone writing requirement.
Students who have earned a J.D. in common law from the U.S. or Canada may file an Academic Rules Petition to request a waiver of the requirement to take LL.M. Legal Research & Writing, and instead fulfill their legal research and writing requirement by taking the two-unit course “Legal Research and Writing: Advanced Scholarship” in the summer semester. Students who elect this option are required to choose a topic on which to write an academic research paper, which must be a minimum of 15 pages in length to fulfill the capstone writing requirement.
II. Executive Track Program Requirements
A. Class Attendance and Participation
Students are expected to prepare fully for class and to participate actively in class and, as applicable, in class discussion forums. In the absence of prior communication of a valid excuse to the instructor, an instructor may exclude a student from certain class activities for which the student is unprepared. An instructor may, by written notice and in consultation with the Dean of Students, exclude a student from the final examination or drop the student from the class on the basis of repeated unexcused absences or missed assignments. In determining the student’s grade in the course, the instructor may consider the quality of a student’s preparation and participation in class discussion.
B. Program Duration/Residency Requirement
1. Remote + Summer
Students must enroll in courses and complete LL.M. degree requirements during one calendar year consisting of an online spring semester, an in-residence summer term, and an online fall semester, in that order. During the summer term, students must be enrolled in courses for a minimum of three consecutive quarters. Students may enroll in all four quarters if desired. Students are not permitted to enroll in or audit in-residence courses offered at the law school during the spring and fall semesters.
All program requirements and coursework must be completed within three years of starting the program.
2. Two Summer
Students must enroll in courses and complete LL.M. degree requirements during two consecutive summers. Students are not permitted to enroll in or audit courses offered at the law school during the spring and fall semesters.
Students must be enrolled in courses for a minimum of three consecutive quarters. Students may enroll in all four quarters if desired. All program requirements and coursework must be completed within three years of starting the program.
C. Minimum/Maximum Course Load
1. Remote + Summer
Spring: Students must enroll in a minimum of six units in the spring semester.
Summer: Students must enroll in a minimum of 10 units and a maximum of 16 units in the Summer semester. Students may submit an Academic Rules Petition to request either an overload of no more
than 17 units or an underload of no less than 9 units. Students must reach 24 units to graduate. The petition must be approved before a student can take an overload or underload.
Students who wish to enroll in 6 or more units in a single quarter must submit an Academic Rules Petition. The petition must be approved before a student can register for 6 or more units in a single quarter.
Fall: Students must enroll in a minimum of two units, one of which must be the Capstone Writing Project.
2. Two Summer
Students must enroll in a minimum of 10 units and a maximum of 16 units each summer. Students must reach 24 units to graduate. Students may submit an Academic Rules Petition to request either an overload of no more than 17 units or an underload of no less than 9 units per summer. The petition must be approved before a student can take an overload or underload.
Students who wish to enroll in 6 or more units in a single quarter must submit an Academic Rules Petition. The petition must be approved before a student can register for 6 or more units in a single quarter.
D. Overlapping Courses
Students may not under any circumstances enroll in courses with overlapping times.
E. Add/Drop Deadlines (summer only)
The deadline to add or drop summer courses online via CalCentral is the end of the first day of the quarter in which the course begins. The deadline to add or drop summer courses via petition submitted to the Law School’s Office of the Registrar is the end of the first week of the quarter in which the course begins.
F. Auditing Policy
Only currently enrolled students are permitted to audit summer courses. Auditing is only allowed for these students if there are seats available in the class and the student gains permission from the instructor.
No auditing is permitted for fall or spring courses.
G. Special Accommodations
If you are a student with a disability and you want to request accommodations, you must do so well before your exams. At the start of the semester a student requiring accommodations must register with the Disabled Students’ Program (DSP): http://www.dsp.berkeley.edu/. After a student registers with DSP, the student should contact the Law School’s Director of Student Services, Accessible Education as soon as possible.
III. Exams
A. Format & Timing
Written examinations are held at the end of each course, except where another procedure for evaluation has been announced. In-class examinations are monitored by proctors. “Take-home” examinations are not monitored. Every student must be present for an examination at the regularly scheduled time and place in each course for which the student is registered, unless previously excused by the Dean of Students.
A student who is unable to attend an examination must notify the Senior Director of Student Services as soon as possible. The Law School ONLY reschedules exams for medical (either for physical or mental health) reasons, so please be sure to present medical documentation when requesting a reschedule. The Dean of Students’ Office will make the final determination as to whether a student can reschedule an exam.
B. Rescheduling
Any rescheduled exams will be scheduled after the original date an exam takes place. Rescheduled exams will not ever be scheduled earlier than the original date.
C. Honor Code
Examinations are conducted under the Academic Honor Code, which is strictly enforced at Berkeley Law. See attached Appendix.
IV. Executive Track Grades & Grading Curve
A. Grade Designations
Students will receive one of the following grades for completed work:
- An honors grade, which may be High Honors (HH) or Honors (H).
- A Pass grade (P).
- A Substandard Pass grade (PC), showing that while credit has been obtained, the work is of low quality.
- A failing grade (NC) showing that no credit is earned for the course.
- Courses graded Credit/No Pass will receive either a Credit (CR) or a No Pass (NP).
Students who violate the Academic Honor Code will receive a failing grade in the course and the Academic Honor Code violation will be reported to the Bar. The Office of Student Conduct may impose additional consequences.
B. Grading Curve
A mandatory curve applies to all classes and seminars with 11 or more students such that 20% of the students receive HHs, 30% receive Hs, and 50% receive Ps. The same curve is recommended for classes and seminars with 10 or fewer students. A professor may always award a Pass-Conditional or No-Credit if the professor believes that is the appropriate grade for a student. For classes with fewer than 11 students, this curve is strongly recommended to faculty.
V. Executive Track Academic Disqualification Policy
A. Bases of Disqualification
1. Probation
A student who receives one failing grade shall be placed on academic probation by the Dean of Students. Academic probation is reportable to state bar examiners.
2. Disqualification
Disqualification means that your enrollment in classes in the current semester is canceled and you cannot progress in your degree.
If a student fails two or more classes, or has received cumulative Substandard Pass designations and No Credit grades either for 30% of the student’s total grades or for 30% of the student’s total units, then the student shall be disqualified by the Dean of Students.
B. Appeal from Disqualification
Students may appeal their disqualification to the Disqualification Appeals Committee, seeking readmission. To do so, the student should contact the Dean of Students who coordinates the appeal process. The Committee will make a recommendation to the Dean of the Law School regarding each disqualification appeal and the decision of the Dean of the Law School will be final on all appeals. The Dean of the Law School appoints a Disqualification Appeals Committee consisting of three faculty members to serve as a standing committee for processing appeals. Notice of disqualification will include notice of the right of appeal provided herein and of the Committee’s composition.The student whose appeal is being heard may challenge any faculty member of the Committee for cause, any such challenge to be determined by the Dean of Students. The student must
file any challenge in writing with the Dean of Students no later than one week after filing the appeal. In the event of a successful challenge for cause, the Dean of Students shall work with the Dean to appoint a faculty member or members as necessary to constitute the Committee, for the purpose of hearing that appeal. In addition, if a member of the Committee has given a student who appeals a substandard designation or a grade of No Credit, the student may object to the faculty member’s participation in the manner provided above. In either event the Dean of Students will appoint a new member of the Committee for the purpose of hearing that appeal.
C. Evidence
The Committee may review evidence that includes the student’s own presentation, the student’s file, and any other relevant submissions. If the student convincingly demonstrates that the record resulted from circumstances beyond the student’s control and that the student can and probably will do proficient law school work in the future, the Committee may, in its discretion, recommend to the Dean of the Law School that the student be readmitted and allowed to continue in law school subject to such conditions of probation as the Dean of the Law School may impose.
(Note: The convincing demonstration to the Disqualification Appeals Committee referenced above will normally have to include a showing by the student that the student had made a conscientious, diligent effort to take full advantage of the student’s educational opportunities. Among the factors that may be considered adverse to this showing are: absence from class; unpreparedness in class; failure to consult with professors as to the student’s examinations or required writing assignments; honor code violations; and involvement in time-consuming extra-curricular activities).
D. Representation
A student has the right to be represented during the disqualification appeal process.
E. Written Explanation
Following the hearing the Committee will submit to the Dean of the Law School a written explanation of its recommendation.
F. Notification
Following a decision on appeal from disqualification, the student will be notified in writing of the Dean of the Law School’s decision.
VI. Failure to Complete Required Coursework
A. [Remote + Summer Only] Spring Courses
Fundamentals of U.S. Law and LL.M. Legal Research & Writing are foundational requirements for the LL.M. degree, and they are requirements for advancement through the program for students who do not hold a J.D. from a U.S. or Canadian law school (common law course of study). If a student fails Fundamentals of U.S. Law or the spring LL.M. Legal Research & Writing course, the student will be immediately withdrawn from the program. Should the student want to return, the student will need to petition for one of two paths: at the discretion of the Dean of Students, a student who has failed a required course may petition to either (1) transfer from the Remote + Summer track to the Two Summer track with no credit for courses taken or fees paid, or (2) re-enroll in the Remote + Summer track within two years and proceed to complete all degree requirements through the student’s original option. In either case, the returning student will be placed on academic probation for the duration of the term in which the student returns. Please note that re-enrollment will require payment of the full tuition for the repeated term.
If the student fails to pass their required course upon re-enrollment, the student shall be disqualified by the Dean of Students.
B. Legal Research and Writing and Summer Courses
1. Remote + Summer
If a student fails LL.M. Legal Research and Writing¹ during the summer semester, they will be immediately withdrawn from the program. Should the student want to return, the student will need to petition for one of two paths: at the discretion of the Dean of Students, a student who has failed Legal Research and Writing may petition to re-enroll in the summer semester within two years and proceed to complete all degree requirements through the student’s original option. The returning student will be placed on academic probation for the duration of the term in which the student returns. Please note that re-enrollment will require payment of the full tuition for the repeated term.
If the student fails to pass Legal Research and Writing upon re-enrollment, the student shall be disqualified by the Dean of Students.
If a student fails a different two-unit or three-unit course during the summer term, the student will be placed on academic probation but may advance to their next term.
2. Two Summer
If a student fails LL.M. Legal Research and Writing² during the summer term, or if a student fails a different two-unit or three-unit course during the summer term, the student will be placed on academic probation but may advance to their next term. To satisfy the course or unit requirements for graduation, the student will be required to re-enroll for a summer term within two years and complete the course(s) or units required for graduation. Please note that re-enrollment will require payment of the full tuition for the repeated term.
If the student fails to pass the necessary course upon re-enrollment, the student shall be disqualified by the Dean of Students.
¹ The same rule applies to Advanced Scholarship if the student is taking that in place of Legal
Research and Writing.
² The same rule applies to Advanced Scholarship if the student is taking that in place of Legal
Research and Writing.
C. [Remote + Summer Only] Capstone and Fall Term
If a student fails the Capstone Writing Project Workshop or a different fall term course that would provide units necessary for graduation, the student will be required to register for a subsequent fall term within two years to meet the minimum requirements for graduation. Please note that re-enrollment will require payment of the full tuition for the repeated term.
If the student fails to pass the necessary course upon re-enrollment, the student shall be disqualified by the Dean of Students.
VII. Exceptions/Academic Rules Petition
The Dean of Students may grant a special exception from some of these Academic Rules where the exception is justified by special circumstances, is necessary to avoid serious detriment to the student, and is consistent with sound educational policy. Students should apply for an exception by filing an Academic Rules Petition. Forms are available from the Registrar’s Office.
VIII. Law School Academic Honor Code
HC 1 In General
The Honor Code is a tradition at Berkeley Law. People who are preparing to enter the legal profession are expected to exhibit the same qualities of honesty, responsibility, and respect for the rights of others that are demanded of members of the Bar. The Honor Code governs the conduct of students during examinations and in all other academic and pre-professional activities at Berkeley Law. In addition, students are bound by the Campus Rules of Student Conduct, which govern matters such as dishonesty, forgery and sexual harassment.
Primary responsibility for respecting the appropriate rules rests with each individual student and with the student body as a whole. Students, faculty and staff are urged to bring apparent violations to the attention of the Instructor and/or the Dean of Students. The Honor Code can be successful only to the extent that it is seen to have the overwhelming support of student and faculty opinion and to be taken seriously by everyone.
HC 2 Enforcement Procedure
A student, faculty, or staff member witnessing any violation or apparent violation of this Code should bring the matter to the attention of the Dean of Students. After discussion with the alleged violator, the instructor, and other affected or knowledgeable persons, the Dean of Students shall determine if informal resolution of the matter is appropriate. If informal resolutionis inappropriate, or if the person accused of a violation does not agree to the resolution, the Dean shall refer the matter to the Campus Center for Student Conduct for appropriate action under the disciplinary rules and procedures of the Berkeley Campus. Informal resolutions may be reported to the Campus Student Conduct Office as needed for their purposes. The Dean of Students also has the responsibility to decide whether information pertaining to violations is relevant to Bar admissions standards and must be reported to the appropriate State Bar authorities. If this is done, the Dean of Students shall send a copy, or notice of such report, to the student so reported.
HC 3 Examinations and Other Academic Activities
The basic guide for a student taking an examination or participating in any other academic activity is a sense of honesty and integrity. Students are expected to rely on their own knowledge and ability, and not use unauthorized materials or represent the work of others as their own. These standards apply also to papers, oral presentations; work in clinical programs, or other activities for which academic credit is assigned, except where the instructor provides otherwise. Examinations at Berkeley Law usually are not monitored, and “take-home” examinations are often employed. Students should be scrupulously careful not to consult materials except as permitted by the rules of the particular examination, not to obtain or receive unauthorized help, and not to continue writing after time has been called. Students who are allowed to take an examination either before or after the normal date should not give or obtain any information about the content of the examination. Because examinations at Berkeley Law are generally graded on the curve system, violations of the letter or the spirit of the rules are violations of the rights of other students, as well as of the standards of integrity required by this school and the legal profession.
Instructors also have an obligation to minimize the likelihood that cheating will occur or that some students will obtain an unfair advantage over others. In particular, instructors should be careful to avoid using old examination questions or questions in use at a neighboring institution if under the circumstances this is likely to provide an opportunity for some students to obtain an unfair advantage. Instructors are also encouraged to cooperate with staff to see that examinations are fairly and efficiently administered.
HC 4 Library
Due to the Library’s central importance in furthering research and study, and the heavy use of library materials by law students and others, it is important that the posted rules of the library be strictly observed; violation of library rules is a violation of the Academic Honor Code. In particular, mutilation or theft of library material is absolutely forbidden. (It also is a criminal offense.) Any violation should be reported promptly to the Dean of Students for appropriate action in consultation with the Librarian. All Law Library users, including students, should cooperate to see that materials are returned promptly as required under the rules and that they are reshelved or made available for reshelving promptly after use.
HC 5 Career Placement Activities
The policies of the Law School should be scrupulously observed. Students are expected to observe the basic standards of honesty, integrity, responsibility and respect for the rights of others when using ADP Professional Development advising services and in placement activities. For example, any falsification or misrepresentation of Law School grades or other records, recommendations or other qualifications is a violation of the Academic Honor Code. Similarly, no student may take any improper action to gain an unfair advantage or place any other student at an unfair disadvantage in the career planning or placement activities..