FIU LAW REVIEW CONSTITUTION

PREAMBLE

I. ORGANIZATION

A. MEMBERSHIP
B. EDITOR-IN-CHIEF
C. MANAGING EDITOR
D. EXECUTIVE COMMENTS EDITOR
E. EXECUTIVE SYMPOSIUM EDITOR
F. ARTICLES EDITOR
G. COMMENTS EDITOR
H. FACULTY ADVISORY COMMITTEE
I. MEETINGS

II. ACADEMIC CREDIT

III. PUBLICATION

A. GENERAL
B. ARTICLES FOR NON-SYMPOSIUM ISSUES
C. ARTICLES FOR SYMPOSIUM ISSUES
D. STUDENT COMMENTS

IV. VOTING

V. AMENDMENTS TO CONSTITUTION

VI. BYLAWS

VII. APPEALS

PREAMBLE

Florida International University Law Review (“Law Review”) is a student organization whose purpose is to publish a journal of legal scholarship. The Law Review is published by students of the Florida International University College of Law, in consultation with the faculty and administration. Law Review is designed to provide a forum for the analysis of important legal and policy issues and affords Law Review members an educational experience, which will hone their skills in legal research, writing, and analysis and develop members as leaders.

I. ORGANIZATION

A. MEMBERSHIP

The Law Review shall be composed of and run by students at the Florida International University College of Law. There shall be two types of Law Review membership:

1. Staff

The Staff shall consist of second and third-year law students. The qualifications, selection, and duties of the staff shall be provided herein and in accordance with the Law Review Bylaws ("Bylaws").

a. Eligibility:

Automatic participation on the Law Review shall be in accordance with the FIU Law Review Bylaws.

b. Selection

The Law Review will aim to provide equal opportunity for membership on Law Review while imposing such limitations as are required to retain the academic integrity of the Law Review. The method for selection of new members shall be set forth in the Bylaws.

c. Writing Requirement

During the fall and spring semesters of a staff member’s first year of membership, he/she will complete the research and writing requirement set forth in the Bylaws. To retain eligibility as a member of the Law Review, each Student must complete a work of research and writing of “publishable quality” as defined by the Editorial Board and the Faculty Advisory Committee.

d. Additional Responsibilities

Staff members will be assigned various tasks related to the production of the Law Review, which must be completed in a timely and effective manner. Staff members may be required to complete certain tasks during the summer, although no credit hours will be awarded for summer work.

2. Editors

The Editors will collectively comprise the Editorial Board, which shall consist of students with at least one year of experience as members of the Law Review Staff. The qualifications, selection, and duties of the Editors shall be set forth herein and in the Bylaws.

a. In General

The Editorial Board is responsible for the daily administration of the Law Review, including management and editorial production of the Law Review. The Editorial Board shall be the governing body of the Law Review and shall be responsible for interpreting this Constitution and Bylaws. Membership in the Editorial Board shall be determined in accordance with the Bylaws. The Editorial Board may, in its discretion, create such committees as are necessary to ensure the quality and efficient management of the Law Review.

b. Qualifications

All editors shall possess the following qualities: excellent command of grammar and composition; excellent editorial and citation skills; attention to detail; good understanding of the current state of the law in many subjects; an ability to work with fellow students and faculty members; strong organizational skills; strong time management skills; honesty and integrity; and a strong devotion to producing an excellent Law Review. In addition, some editors may be required to possess the following qualities as determined by the preceding Editorial Board: the ability to supervise others; to work with outside authors who are writing articles for the Law Review; to set and enforce deadlines; and to offer constructive criticism.

c. Selection

The method for selection of Editors shall be set forth in the FIU Law Review Bylaws.

d. Resignation of Editors

Editors may resign their Editorial Board position in accordance with the Bylaws, and thereby return to the status of Staff member on the Law Review.

e. Removal of Editors

Removal of Editors will be in accordance with the Bylaws.

f. Vacancies

In the event an office becomes vacant, such vacancy shall be filled in accordance with the Bylaws.

 

3. All Members:

The following provisions apply to both staff members and Editorial board members.

a. Outside Work Activities. Law Review members shall not permit employment activities or other co-curricular activities (including other student groups, such as the Student Bar Association or the Board of Advocates) to adversely affect or otherwise interfere with their ability to complete their required duties in an efficient, effective and timely manner.

b. Resignation. Staff members may permanently resign their membership to the Law Review at any time. Voluntarily resignation of membership shall render that person ineligible for further membership. Nothing in this Section shall be construed to limit the ability of an invitee, member, or Editorial Board member to take a leave of absence, as provided for below.

c. Leave of Absence. The Editorial Board may establish procedures in the Bylaws to permit Staff members to take a temporary leave of absence under extraordinary circumstances.

d. Sanctions/Removal of Any Member:

1. Any member may be sanctioned as provided in the Bylaws.

2. Sanctions. Sanctions may be imposed in accordance with the Bylaws, including but not limited to, receiving fewer credits, a failing grade, and suspension. Imposition of sanctions may be appealed to the appeals committee.

3. Staff members. Staff Members who fail to provide comments of publishable quality, fail to complete assignments in a timely or complete manner or otherwise fail to comply with the requirements of membership may be sanctioned.

4. Editors. Editors who fail to complete their editorial responsibilities in a timely or complete manner or otherwise fail to comply with the requirements of membership may be sanctioned.

5. Removal. Participation in Law Review is a privilege, not a right. For good cause shown, any member, including Editorial Board Member, may be removed by a vote of the Editorial Board, in consultation with the Faculty Advisory Board and in accordance with the Bylaws.

a. Good cause includes, but is not limited to, failure to fulfill his or her responsibilities on the Law Review, unethical or dishonest conduct or other conduct that adversely affects the Law Review.

b. Any student removed from the Law Review shall have a right of appeal to the Appeals Committee as set forth in the Bylaws.

e. Automatic Removal for Ineligibility: Any Law Review member may be removed if the member is placed on Academic Probation or if sanctioned for misconduct by the FIU College of Law Administration. Such removal will be in accordance with the Bylaws.

 

B. EDITOR-IN-CHIEF

There shall be one Editor-in-Chief. The Editor-in-Chief is the chief administrative officer of the Law Review and acts as spokesperson, personnel director, Faculty liaison, and general troubleshooter. In addition, the Editor-in-Chief has overall supervisory responsibility for publication of the Law Review and is the final editing authority for every article that appears in the Law Review. More specific duties of the Editor-in-Chief shall be set forth in the Bylaws.

C. MANAGING EDITOR

There shall be one Managing Editor. The Managing Editor supervises all operational functions and is responsible for maintenance of the publication process, including assignment of work, enforcement of deadlines, assisting the Editor-in-Chief in the creation of publication schedules, and supervising the actual publication of each issue of the Law Review with the assistance of the Editor-in-Chief. More specific duties of the Managing Editor shall be set forth in the Bylaws.

D. EXECUTIVE COMMENTS EDITOR

There shall be one Executive Comments Editor. The Executive Comments Editor supervises the writing, editing and publishing of all student comments. More specific duties of the Executive Comments Editor shall be set forth in the Bylaws.

E. EXECUTIVE SYMPOSIUM EDITOR

There shall be one Executive Symposium Editor. The Executive Symposium Editor is responsible for Plans, manages, and organizes symposia that will take place at FIU and lead to publication/. More specific duties of the Executive Symposium Editor shall be set forth in the Bylaws.

F. ARTICLES EDITOR

There shall be the position of Articles Editor, the number of which shall be provided for in the Bylaws. Articles Editors are responsible for evaluating and editing all articles submitted and/or accepted for publication. More specific duties of the Articles Editor(s) shall be set forth in the Bylaws.

G. COMMENTS EDITOR

There shall be the position of Comments Editor, the number of which shall be provided for in the Bylaws. Comments Editors are generally responsible for supervising and coordinating the timely production and editing of student comments prepared by Staff members. More specific duties of the Comments Editor(s) shall be set forth in the Bylaws.

H. FACULTY ADVISORY COMMITTEE

The Faculty Advisory Committee shall consist of at least three tenured or tenure-track faculty members designated as Law Review Faculty Committee Members, who shall be appointed by the Dean. Prior to selecting new Faculty Committee Members, the Dean or Associate Dean for Academic Affairs shall consult the Editor-in-Chief or the Editorial Board. The Faculty Advisory Committee provides appropriate guidance for the effective management of the Law Review, awards academic credit with the counsel of the Editorial Board, and performs such other functions as the Faculty Advisory Committee deems necessary.

I. MEETINGS

The Editorial Board shall meet regularly to conduct the business of the Law Review. Further requirements for meetings shall be set forth in the Bylaws.

 

II. ACADEMIC CREDIT

A. Staff Members. Each staff member shall receive academic credit for service as a staff member on the Law Review, provided the student’s Law Review service for the particular semester is determined to have been satisfactory by the Faculty Advisory Committee, in consultation with the Editorial Board. Further specifications of academic credit for Staff Members shall be set forth in the Bylaws.

B. Editors. Each Editorial Board member shall receive academic credit for service as an Editorial Board member of the Law Review, provided the student’s Law Review service for the particular semester is determined to have been satisfactory by the Faculty Advisory Committee, in consultation with the Editorial Board. Further specifications of academic credit for Editors shall be set forth in the Bylaws.

C. Timing. Specifications for enrollment by all Law Review members for academic credit shall be set forth in the Bylaws.

D. Pass/Fail. All credits received by Law Review staff shall be designated Pass/Fail and will not count in computing the member’s cumulative grade point average.

E. Maximum Credit Allowed: Specifications for the maximum credit allowed for service on the Law Review shall be set forth in the Bylaws.

III. PUBLICATIONS

A. GENERAL

1. It is expected that the Law Review will publish at least one scholarly publication per academic year, following the first publication of the Law Review. The publication may be a symposium or non-symposium issue and may include Student Comments, as determined by the Editorial Board.

2. The Editorial Board and Staff members are responsible for the timely publication of the FIU Law Review and its contents.

B. ARTICLES FOR NON-SYMPOSIUM ISSUES

It is expected that the Law Review (except in the instance of symposium issues mentioned below) will obtain prospective articles for publication primarily through the receipt of unsolicited manuscripts from academics, judges and practitioners. For an article to be published in a non-symposium issue:

1. The article must be recommended for publication by the Articles Editor to whom the article has been assigned initially; and

2. The article must receive an affirmative vote by the Editorial Board members.

C. ARTICLES FOR SYMPOSIUM ISSUES

The Law Review may publish symposium issues, provided the topic selected is approved by an affirmative vote by the Editorial Board members and a majority of the Faculty Advisory Board. If a symposium issue is approved by the Editorial Board and Faculty Advisory Committee, it is expected that one or more Faculty members will be enlisted to help supervise and solicit articles for the symposium. It is also anticipated that symposium articles may be solicited by Editorial Board members when appropriate.

D. STUDENT COMMENTS

It is expected that the Law Review will publish a limited number of student Comments each year. To qualify for publication, the Comment must meet the requirements set forth in the Bylaws.

IV. VOTING

The Editorial Board may vote on any item within their power when a quorum is established. A quorum is established when two-thirds (2/3) of the Editorial Board members are present. Unless stated otherwise, a simple majority vote is required to pass a motion. In exigent circumstances, the Editor-in-Chief may independently decide an issue within the Editorial Board’s power, subject to the later ratification or veto of such decision by the Board.

V. AMENDMENTS

A. The policies established in this Constitution are binding on the Editorial Board and may be amended only by vote of two-thirds of the members of the Editorial Board, followed by approval by a majority of the Faculty Advisory Committee.

B. The Constitution will be effective upon vote of two-third of the members of the Editorial Board and approval of the FIU College of Law Faculty.

VI. BYLAWS

Bylaws shall be promulgated by the Editorial Board for purposes of interpreting and enforcing these provisions. Bylaws and amendments to the Bylaws shall be adopted by the Editorial Board by a majority vote of a quorum of the Editorial Board.

VII. APPEALS

All appeals shall be conducted in accordance with the rules set forth in the Bylaws.