Indiana University

Indiana International & Comparative Law Review
Bylaws

As Established & Adopted, September, 1990 and last amended March, 1995.

CHAPTER 1
PurposeSection 100: Purpose of By-laws.

The Indiana International & Comparative Law Review (hereinafter "Review" or "the Review") will pursue the objectives and purposes outlined in its Constitution by such means as are directed by the Executive Board by these By-laws.

CHAPTER 2
MembershipSection 200: Definitions.

When the words "member," "members" or "membership" are used hereinafter, they should be interpreted as meaning the set of all persons who hold positions on the Review. The set of all positions consists of Student Note Candidates, Associate Members, Editors, and Associate Editors. When a specific position is being referred to, it will be capitalized as in the preceding sentence. The Editorial Board consists of all of the editorial members of the review including Associate Editors. The Executive Board consists of all Executive Editors of the Review.

Section 201: Eligibility.

A student eligible for selection to and retention of membership on the Review must possess the following qualifications:

  1. Maintenance of good academic standing in the Indiana University School of Law-Indianapolis.
    1. No student currently on academic probation is eligible for membership; any active member put on academic probation will be put on probation by the Review as well.
  2. An accurately and honestly completed application for membership must be on file with the Review. Contents of application for membership are detailed in Sections 201-205.
    1. Fraud or misrepresentation in the application of any applicant is grounds for revocation of membership at the time of the discovery of the misrepresentation. See Chapter 3 (Revocation of Membership).
Section 202: Content of Application.

Applicants for each volume shall consist of students chosen according to policies adopted by the Board through a process which is administered by the Executive Notes & Comments Editor.

Section 203: Requirements for Invitation to the Position of Student Note Candidate.

Application is required for invitation for Student Note Candidate membership. Students become eligible for Student Note Candidacy to the Review at the end of the spring semester of a school year if they have completed at least 31 semester hours and Legal Writing I and II. For full-time students this means at the end of the first year and for part-time students this usually means at the end of the second year.

  1. Each student offered membership to the Review shall have submitted a closed memorandum pursuant to Section 205.
  2. Pursuant to the principles enunciated in this Section, all applicants for Student Note Candidate positions on the Review must certify prior to or contemporaneous with their participation in the writing competition that:
    1. they have completed at least 31 semester hours of law school course work;
    2. they have completed Legal Writing I and II, or their equivalent, as determined by the regulations and policies of the Indiana University School of Law-Indianapolis;
    3. they have at least four semesters of law school remaining;
    4. they have not previously applied for membership to the Review;
    5. they have not previously participated in the writing competition; and
    6. they have not previously been eligible for membership.
  3. The certification described in Section 203(b) shall be made on a form supplied by the Review, which form must accompany the submission for the writing competition described in Section 205, as a requirement for application for Student Note Candidate membership.
Section 204: Requirements for Invitation to the Position of Associate Member.

Associate Membership is available to students who are no longer eligible for a Student Note Candidate position on the Review. The Executive Notes & Comments Editor shall publicize the writing competition for Associate Membership to the student body.

  1. Students are eligible to apply for Associate Membership if they certify that they meet the following criteria:
    1. they have completed at least 45 credit hours toward their law degree;
    2. they have completed Legal Writing I and II, or their equivalent, as determined by the regulations and policies of the Indiana University School of Law-Indianapolis;
    3. they have at least two semesters left to complete their law degree and to devote to the Review; and
    4. they meet the requirements set out in Section 201.
  2. The certification described in this Section shall be made on a form supplied by the Review, which form must accompany the submission for the writing competition described in Section 205, as a requirement for application for membership.
  3. The Executive Board has the discretion not to offer Associate Membership or to hold a writing competition therefor.
    1. The decision to suspend Associate Membership must be announced to the student body at least four (4) weeks prior to the start of the writing competition for membership on the Review. Ideally, the announcement should be made no later than the Spring Reception to promote membership on the Review.
    2. A majority vote of the full Executive Board is required to decide not to offer Associate Membership for that particular Volume. Ties shall be broken by the vote of the Editor-in-Chief. The Executive Board is not required to publish the actual tally or roll call of the vote.
    3. The decision to suspend Associate Membership for the particular Volume shall not become effective until a meeting open to the full Board of Editors for that Volume is held.
      1. Any member of the Board of Editors may challenge the decision of the Executive Board and request the Executive Board to hold another vote on the matter.
      2. The Executive Board shall not be required to hold another vote on the matter unless the challenge is supported by a majority of the full Board of Editors for that Volume.
      3. Seven (7) days notice of this meeting and the decision of the Executive Board must be given via the Editors' law review mailboxes and posting on the Review's bulletin board in the Daily Lounge.
      4. A quorum of the Board of Editors is not necessary for the meeting to be official. Abstention or absence shall be deemed to be assent to the decision of the Executive Board.
    4. Factors which must be considered by the Executive Board when exercising its discretion to suspend Associate Membership include, but are not limited to:
      1. the number of issues intended to be published in that Board's Volume;
      2. the number of articles and notes intended to be published in each issue;
      3. the substantive and editorial content of articles already committed for that Volume;
      4. the number of Editorial Board members;
      5. the number of new members needed or desired;
      6. the practical experience of the journal in the implementation of Associate Membership; and
      7. all other academic criteria relevant to the operation of the Review and the scholarly and timely publication of that Volume.
Section 205: Writing Competition Guidelines.

All students desiring to apply for Student Note Candidate membership or Associate Membership to the Review must first submit a satisfactory written assignment in the Review writing competition held after finals in May.

  1. Transfer students who, but for their enrollment after completion of the writing competition, would otherwise be eligible for membership on the Review may be allowed, subject to the discretion of the Executive Board, to seek admission to membership on the Review by:
    1. submitting a satisfactory memorandum from that year's writing competition no later than fourteen (14) days after the first day of classes of the fall semester, and by
    2. meeting the certification and other requirements contained in these by-laws for Student Note Candidate membership or Associate Membership as the case may be.
  2. The Executive Board is not required to extend invitations to membership to any transfer student. However, the submission from any transfer student allowed to participate in the writing competition shall be graded by a committee appointed by the Editor-in-Chief, who may be on the committee. The committee will recommend to the Executive Board whether or not the student's submission was of sufficient quality to allow the student to receive an invitation to membership.
Section 206: Writing Competition Grading Criteria.

The writing competition will be graded on a scale of 100 points: 50 points for content, 25 points for grammar, 10 points for style, 15 points for citation form. The points allocated based on class rank (see Section 207) will be considered extra, in addition to the 100 points possible. No student may be accepted as a member who does not score at least an average of 70 points, or a cumulative total of a number equal to 70 multiplied by the number of committee members grading submissions and assigning scores.

Section 207: Consideration of Class Rank.

Consideration will be given to class rank in the Student Note Candidate membership selection process. Class rank will not be a factor in the selection of Associate Members. Bonus points based on class rank shall be figured into an applicant's aggregate score, prior to averaging, from the following scale:

  1. those in the top 10% of their class will receive 10 points;
  2. those in the top 20% will receive 8 points;
  3. those in the top 30% will receive 6 points;
  4. those in the top 40% will receive 4 points; and
  5. those in the top 50% will receive 2 points.
Section 208: Writing Competition Procedure.
  1. Because the new Executive Board does not begin its duties until spring graduation, it does not have authority to act until that time. Therefore, it cannot make changes in the writing competition procedure or eligibility requirements for the upcoming year, but can only recommend changes to the incumbent Executive Board for their approval. If the incumbent Board does not approve the recommendations, the writing competition procedure and the eligibility requirements will remain as they were the previous year.
  2. The number of members on the Review is not fixed but remains flexible in order to serve the changing needs of the Review and to allow for any year-to-year variations in the quality of the writing competition entries. The Executive Board has complete discretion as to the number of members it will accept.
Section 209: Selection.

The writing competition will be organized and directed by the newly elected Executive Notes & Comments Editor with assistance from the incumbent Executive Notes & Comments Editor. Selection of new members for the Review will be made by a committee comprised of no less than three (3) Executive Board members, including the Executive Notes & Comments Editor. The Editor-in-Chief may be on the committee.

Section 210: Privileges and responsibilities of Student Note Candidates.
  1. Each Student Note Candidate shall choose a topic on which to write a scholarly note or comment. The topic must be approved by the Student Note Candidate's assigned Student Note Editor and acceptable to the Executive Board.
  2. Each Student Note Candidate shall be eligible to submit his/her finished paper to the Publication Selection Committee for consideration for publication as a student note in any issue deemed appropriate by the Executive Board. See Chapter 6 (Evaluation of Student Submissions for Publication).
  3. Each Student Note Candidate may submit his/her finished paper to the Review's Faculty Advisor for consideration as fulfillment of the Law School's senior writing requirement.
  4. Each Student Note Candidate shall perform in a thorough and timely fashion such editorial duties as assigned by members of the Editorial Board.
  5. Each Student Note Candidate shall be entitled to all other benefits and privileges, and subject to all duties and responsibilities, accorded to all other members of the Review unless specifically excepted by these Bylaws.
Section 211: Privileges and responsibilities of Associate Members.
  1. Each Associate Member shall choose a topic on which to write a scholarly note or comment. The topic must be approved by the Student Note Candidate's assigned Student Note Editor and acceptable to the Executive Board.
  2. Each Associate Member shall be eligible to submit his/her finished paper to the Publication Selection Committee for consideration for publication as a student note in the Spring issue of the current Volume of the Review. Any later submissions shall be considered under the publication requirements as an outside article.
  3. Each Associate Member may submit his/her finished paper to the Review's Academic Advisor for consideration as fulfillment of the Law School's senior writing requirement.
  4. Each Associate Member shall perform in a thorough and timely fashion such editorial duties as assigned by members of the Editorial Board.
  5. Each Associate Member shall be entitled to all other benefits and privileges, and subject to all duties and responsibilities, accorded to all other members of the Review unless specifically excepted by these Bylaws.
CHAPTER 3
Revocation of Membership Section 301: Grounds for Revocation of membership, With Appeal to Executive Board.

The following are grounds for revocation of membership:

  1. fraudulent application for membership;
  2. academic misconduct, limited to discipline by the law school for:
    1. cheating on examinations, or
    2. plagiarism;
  3. submitting for publication or academic credit Review work product including writing competition materials, note or editing assignments:
    1. plagiarized in any part from another unaccredited source, or
    2. completed in any part by another person.
  4. The Editor-in-Chief has a duty to report immediately any plagiarism, suspected plagiarism, or any termination based upon a finding of dishonesty, or other dishonorable conduct to the Faculty Advisor and to the Associate Dean for Academic Affairs.
  5. Failure to complete properly and timely any work properly assigned by the Executive Board, the Student Note Editors, or the Articles Editors.
    1. Such student will be given one written warning. If, after the written warning the student fails to complete any assignment, the said student will be brought into a conference with the Executive Notes & Comments Editor, the Executive Articles Editor, and the Editor-in-Chief, in order to determine whether there was any legitimate reason for the incompleteness of the work. If it is determined that there was not a legitimate reason for such incompleteness, the Editor-in-Chief has a duty to bring the matter before the entire Executive Board. The student may be immediately removed from the Review if every member of the Executive Board votes to remove that student. It will be necessary to consult the Faculty Advisor before a decision of removal has been made.
Section 302: Grounds for Revocation of Membership, with Appeal to the Full Editorial Board.

Conduct which is dishonest or which would seriously jeopardize the integrity of the Review will be grounds for removal. In such a case, there must be a vote in favor of removal by every member of the Executive Board. If the said student wishes to appeal to all Editorial Board members, he/she must make such intentions known to the Editor-in-Chief within twenty-four (24) hours of receiving written notice from the Editor-in-Chief of the disciplinary issue, whereupon the Editor-in-Chief will call a closed meeting of all members of the Editorial Board. For the purposes of this section, a voting quorum shall consist of at least three-fourths of the number of Editorial Board members. The student will be allowed to rebut the charges. Upon a two-thirds majority vote in favor of removal by a quorum of Editorial Board members, the student may be immediately removed from the Review. If, in the alternative, the members of the Editorial Board propose and vote by a two-thirds majority a lesser disciplinary action, the Editor-in-Chief and the Executive Board will be bound by such vote.

Section 303: Executive Board Members.

The Editor-in-Chief may initiate proceedings to demote an Executive Board member for failure to complete duties. Such proceedings require written notice to the member and a vote to demote by every member of the Executive Board. The vote of the Executive Editor in question will not count in the matter, but he/she may address the Board.

Section 304: Editor-in-Chief.

If the Editor-in-Chief has seriously neglected his/her duties, the members of the Executive Board must consult with the Editor-in-Chief and inform such person of their concern regarding his/her dereliction of duties. If, after two weeks after that consultation, the Editor-in-Chief continues to neglect such duties, the members of the Executive Board must consult with the Faculty Advisor in order to determine some type of remedial action. For purposes of this section "seriously neglected" and "dereliction of duties" is limited to a failure to publish an issue of the Review. The Faculty Advisor may appoint the Executive Notes & Comments Editor as the Acting Editor-in-Chief, if the situation so warrants.

Section 305: Impeachment.

The Board may impeach any Editor, including the Editor-in-Chief, for good cause by a secret ballot vote of all members of the Editorial Board, if each member votes in favor of impeachment. Anyone may be removed by a three-fourths vote of the entire membership of the Review, voting by secret ballot.

Section 306: Exam Period.

No formal disciplinary action may be taken during any examination period or initiated during the two weeks immediately preceding the first examination in any examination period.

Section 307: Procedure.

This section applies to any disciplinary proceeding taken against any student on the Review, except the Editor-in-Chief.

  1. A Review member given notice by the Editor-in-Chief that a complaint has been filed against him or her is on notice that his or her work shall be subject to strict scrutiny and that failure to perform adequately may be grounds for dismissal from the Review.
  2. The Editor-in-Chief shall notify the member in writing of the institution of formal disciplinary proceedings.
  3. No later than fourteen (14) days after the Editor-in-Chief has notified the member that formal disciplinary proceedings have been initiated, the Editor-in-Chief shall call a meeting of the Executive Board to discuss the formal disciplinary action taken against the member. Disciplinary actions also may be taken at a regular meeting of the Executive Board at which other business is transacted, if within fourteen (14) days of the notification.
  4. All votes on disciplinary action shall be by secret ballot vote.
  5. The member subject to the disciplinary procedures shall have the opportunity to address the Executive Board at the meeting.
  6. Executive Board members have a duty to keep all disciplinary matters as confidential as possible.
  7. The Editor-in-Chief must inform the Faculty Advisor of any serious disciplinary action taken by the Executive Board against any member of the Review.
CHAPTER 4
Governing and Editorial Offices Section 401: Executive Board.

All members of the Executive Board must keep office hours of two hours per week during the school year. All Executive Board members are expected to fulfill a 12 month commitment, from May until May. All members of the Executive Board are responsible for keeping the Editor-in-Chief apprised of the status of their duties. All members of the Executive Board must attend all Executive Board meetings, unless specifically excused by the Editor-in-Chief. All members of the Board will be available to assist Student Note Candidates and Associate Members. Board members must consult with the Editor-in-Chief before meeting with faculty or administration regarding official Review business. The following offices will comprise the Executive Editorial Board:

  1. Editor-in-Chief-- Chief Executive Officer of the Board, who will preside at meetings of the Board and shall act in the best interest of the Review and in a fair and equitable manner. All Executive power of the Indiana International & Comparative Law Review shall be vested in the Editor-in-Chief, including, but not limited to, the following powers:
    1. planning, organizing and coordinating the work of the Review;
    2. interpreting and enforcing the policies of the Executive Board;
    3. calling Editorial Board and Executive Board meetings, setting agendas and presiding over such meetings;
    4. selecting lead articles for publication, with the Executive Articles Editor;
    5. electing student notes for publication, with the Executive Notes & Comments Editor;
    6. representing the Review to the Indiana University School of Law--Indianapolis administration, faculty and students, to authors and to the general public;
    7. giving final approval to the submission of all articles, notes, comments, book reviews and other manuscripts to the printer and giving final approval to print an issue;
    8. supervising and evaluating the performance of the members of the Review and consulting with the Faculty Advisor regarding the members' respective performance;
    9. creating committees and appointing chairpersons and members to such committees;
    10. supervising all paid employees of the Review; and
    11. issuing reprimands to any member.
    12. The decision or action of the Editor-in-Chief shall be final, provided such decision or action is not contrary to established policies of the Review. The Editor-in-Chief retains in all matters an executive veto of decisions of the Executive Board. Consensus building being desirable for the operation of the Review, the Editor-in-Chief shall veto an action of the Executive Board, if and only if, the Editor-in-Chief reasonably believes that the interests of the Review would be substantially harmed by not so acting.
    13. The Editor-in-Chief shall have a swing vote in addition to his/her regular vote, on any issue in which there has been a tie. This rule applies to votes taken by the Executive Board, votes taken by Editorial Board, and votes taken by all members, on any issue.
    14. The Editor-in-Chief shall delegate duties as necessary to Executive Board members with reasonable consideration taken of whether the task relates to his/her enumerated duties.
  2. Executive Managing Editor--is responsible for the editorial content and finished appearance of all articles, comments, and notes before they are submitted to the Editor-in-Chief in publishable form for his/her final edit.
    1. The Executive Managing Editor shall assist the Executive Articles Editor, Executive Notes & Comments Editor, and the Executive Symposium Editor as requested throughout the editorial processes of the various articles, comments, and notes planned for publication.
    2. The Executive Managing Editor shall edit all articles and outside submissions prepared for publication by the Executive Articles Editor after the preliminary and secondary editorial processes have been completed.
    3. The Executive Managing Editor shall edit all student notes and comments prepared for publication by the Executive Notes & Comments Editor after the preliminary and secondary editorial processes have been completed.
    4. The Executive Managing Editor shall edit all articles, notes, and comments prepared for publication by the Executive Symposium Editor after the preliminary and secondary editorial processes have been completed.
    5. The Executive Managing Editor shall perform all other duties specifically requested by the Editor-in-Chief, even though those duties may not be specifically enumerated herein.
  3. Executive Articles Editor-- solicits articles from non-student authors and works with the Articles Editors to recommend which articles should be selected for publication.
    1. The Executive Articles Editor is responsible for distributing to respective Articles Editors articles for editing and is ultimately responsible for the proper editing of those articles.
    2. The Executive Articles Editor acts as a liaison between the author and the Review.
    3. The following policies will be utilized by the Executive Articles Editor:
      1. Soliciting Articles:
        1. update the master list of names and addresses each spring;
        2. add names and addresses to the master list from any new available sources; and
        3. conduct telephone solicitations.
      2. Selection of Articles:
        1. immediately upon receipt, notify author to acknowledge receipt and give an approximate date for a decision;
        2. read article and determine if an additional reading is necessary;
        3. if an article is not to be considered further, send author a rejection letter;
        4. make a file for articles and complete a data profile sheet for each article;
        5. if the article needs further reading, distribute to an Articles Editor to read and make a recommendation;
        6. alternate the articles between the Article Editors; and
        7. whenever a conflict or decision cannot be reached between the Executive Articles Editor and the Articles Editors, the Executive Articles Editor must consult with the Editor-in-Chief for guidance.
    4. Ultimately, the Executive Articles Editor either accepts or rejects all articles submitted for publication.
      1. The review process, ideally, should take no longer than two weeks.
      2. If an article is accepted, the author must be contacted and offered publication.
      3. If the author accepts the offer of publication, the Executive Articles Editor is responsible for executing a memorandum of understanding with the author.
      4. If the article is rejected, the Executive Articles Editor is responsible for communicating the rejection to the author. The article may then be discarded.
    5. Editing of Articles: The Executive Articles Editor is responsible for managing the editing of all outside articles published in the journal.
      1. The Executive Articles Editor is responsible for planning and scheduling the editorial process, including the assignment of managing Articles Editors.
      2. The Executive Articles Editor is responsible for ensuring that the assigned Articles Editor acquires all cited or otherwise necessary sources for the accepted article, including those unavailable from the IUPUI Libraries.
      3. The Executive Articles Editor is responsible for ensuring that the assigned Articles Editor properly manage the editing of the accepted article, including the distribution and supervision of the editorial assignments to Associate Editors, Student Note Candidates, and Associate Members.
      4. The Executive Articles Editor shall review the completed work of the Articles Editors, including the quality of editorial assignments to Associate Editors, Student Note Candidates, and Associate Members.
      5. The Executive Articles Editor shall return the edited article and a red-lined copy to the author for his/her final review.
      6. The Executive Articles Editor shall consult with the author and incorporate any necessary editorial corrections into the article.
      7. After the author's final corrections, suggestions, or updates have been incorporated into the article, the Executive Articles Editor shall submit it to the Executive Managing Editor for a final edit.
      8. After the Executive Managing Editor's final edit, the Executive Articles editor shall submit the article to the Editor-in-Chief for final approval.
    6. The Executive Articles Editor shall perform all other duties specifically requested by the Editor-in-Chief, even though those duties may not be specifically enumerated herein.
  4. Executive Production Editor-- is responsible for assuring that time schedules are met and also for the billing, subscription, marketing, copyrights, and budgeting duties of the Review.
    1. The Executive Production Editor shall maintain current and accurate records of all business transactions of the Review.
    2. The Executive Production Editor must keep the Editor-in-Chief informed of the financial status of the review via the submission of a written report once per month.
    3. The Executive Production Editor is responsible for the marketing of the Review and for increasing the subscription base of the Review.
    4. The Executive Production Editor is responsible for organizing and publicizing general meetings and serving as a second liaison between the Executive Board and the Student Note Candidates and Associate Members.
    5. The Executive Production Editor is responsible for organizing the annual Spring Banquet, and for any other social events during the year that the Review may have.
    6. The Executive Production Editor is responsible for the Spring Reception for recruiting first- and second-year students to participate in the writing competition.
    7. The Executive Production Editor is responsible for communicating with Western Publishing regarding:
      1. the publication of the Review issues. This includes making sure that all materials are in “ready to print” form and get to Western Publishing in a timely fashion; and
      2. the billing status and list of the Review's subscribers;
    8. The Executive Production Editor is responsible for ensuring that each member of the Review has a copy of the Review's By-laws and Constitution during the first week of class, and for providing all members with copies of any Amendments made to the By-laws or Constitution.
    9. The Executive Production Editor shall work with the II&CLR Alumni Association President in the planning, subscriptions, collection of donations, and newsletter of the Alumni Association, as well as any other duties necessary for the establishment and maintenance of the Alumni Association.
    10. The Executive Production Editor shall perform all other duties specifically requested by the Editor-in-Chief, even though those duties may not be specifically enumerated herein.
  5. Executive Notes & Comments Editor-- is responsible for the administration of the student writing program and acting as a primary liaison between the Executive Board and the Student Note Candidates and Associate Members.
    1. The Executive Notes & Comments Editor shall coordinate the new member selection process.
    2. The Executive Notes & Comments Editor will have final approval of all student writing topics, both for Student Note Candidates and for Associate Members.
    3. The Executive Notes & Comments Editor shall manage the editorial and tutorial work of the Student Note Editors.
    4. The Executive Notes & Comments Editor shall manage the entire publication and editing process for all student notes, including the distribution and monitoring of the work assignments to Student Note Candidates and Associate Members.
    5. The Executive Notes & Comments Editor has primary responsibility for ensuring that the selected student works appear in perfect form when published.
    6. The Executive Notes & Comments Editor shall provide the Student Note Candidates and Associate Members with a Student Writing Manual during the first week of class and organize necessary tutorial sessions.
    7. The Executive Notes & Comments Editor shall organize and publicize the spring interviewing process for the Executive Board's election of the next Volume's Editorial Board. See Section 503 (Election).
    8. The Executive Notes & Comments Editor shall perform all other duties specifically requested by the Editor-in-Chief, even though those duties may not be specifically enumerated herein.
  6. Executive Symposium Editor-- is responsible for coordinating all activities for planning and editing all symposium issues or live symposia, which should occur on a biennial schedule.
    1. The Executive Symposium Editor shall manage the editing and publishing process of the symposium issue.
    2. The Executive Symposium Editor shall report directly to the Editor-in-Chief and manage the work of the Symposium Editors.
    3. The Executive Symposium Editor may create a symposium committee, made up of Student Note Candidates and Associate Members.
    4. The Executive Symposium Editor shall generate interest in the community for the symposium and will do all that is possible to gain support and recognition for the symposium outside of the law school.
    5. If during the course of his or her term it is determined that no symposium will take place, the Executive Symposium Editor shall plan potential subjects and funding for future symposia and, if appropriate, solicit articles for the next symposium.
    6. The Executive Symposium Editor shall perform all other duties specifically requested by the Editor-in-Chief, even though those duties may not be specifically enumerated herein.
Section 402: Function of Executive Board.

The primary purpose of the individuals comprising the Executive Board is encompassed in the job descriptions above. The primary purpose of the collective Executive Board is the administration and policy-making of the Review. These duties include, but are not limited to:

  1. authority to vote on Constitutional amendments;
  2. authority to vote on adoption and amendment of By-laws;
  3. exclusive liaison authority with Law School administration;
  4. exclusive authority to budget and spend funds;
  5. ultimate management and production responsibility; and
  6. exclusive authority to make public statements in any form and to any forum concerning policy of the Review.
  7. The Executive Board has the concomitant duties to:
    1. follow the restrictions on its authority imposed by the Constitution;
    2. afford a forum for input to decision making by other members of the Review, and to give effect to those concerns whenever feasible in the discretion of the Executive Board; and
    3. promote membership opportunity based on individual merit to all students regardless of race, nationality or creed, and to take whatever affirmative action deemed appropriate within its collective discretion to carry out this goal.
Section 403: Editorial Offices.

Non-governing Board offices are:

  1. Student Note Editors-- Student Note Editors shall meet weekly with their Student Note Candidates and Associate Members. Student Note Editors shall report weekly to the Executive Notes & Comments Editor in order to keep him/her apprised as to the status of the Student Note Candidates and Associate Members. The Student Note Editors are responsible for checking topics for pre-emption. Student Note Editors are responsible for overseeing the editing and publication of any Student Note Candidate or Associate Member notes selected for publication.
  2. Articles Editors-- will work with the Executive Articles Editor in gathering resources; distributing editing assignments to Student Note Candidates, Associate Members, and Associate Editors; and reviewing the edits before returning the article to the Executive Articles Editor.
  3. Associate Editors-- are responsible for completing all editing assignments in a thorough and timely manner.
  4. Symposium Editors-- will work with the Executive Symposium Editor on the symposium. Symposium Editors are responsible for the transcription, editing and publication of the symposium issue.
Section 404: Function of Editorial Positions.

The primary function of editorial members is outlined in the above job descriptions. Other purposes of the offices include:

  1. protection of the credibility of the Review by careful attention to the quality and the intellectual integrity and honesty of all notes, articles, and other Review work product submitted for publication including:
    1. careful and thorough research before approval of any topic which may be preempted by other published academic work;
    2. conscientious and workman like performance of editorial duties;
    3. conscientious and humane, supportive and compassionate supervision of Student Note Candidates and Associate Members who depend on their editors for not only guidance, but consideration and understanding in the completion of their notes for the Review;
    4. encouragement of opportunities and access to the Review to all students based on individual merit and without regard to race, nationality or creed;
    5. authority to propose and vote on Constitutional amendments; and
    6. authority to propose and vote on adoption and amendment of By-laws.
Section 405: (Repealed, see Sections 210 and 211).
Section 406: Terms of Office and General Duties.

All Editorial Board positions are 12 month positions, from May until May. Members of the Executive Board are expected to report in regularly to the Editor-in-Chief during the summer months. All Editorial Board members must complete their duties during the summer months, and during the entire academic year as well. The incoming Editorial Board members do not assume positions of responsibility until the out-going Editorial Board graduates, although the incoming Editorial Board members must complete a training period with their respective predecessors. All non-Executive Board members who are Editorial Board members must keep one office hour per week in the Review office during the school year.

  1. The Editor-in-Chief may make recommendations to the Faculty Advisor regarding all Editorial Board members' grades, based upon those members' performances.
CHAPTER 5
Election for Editorial Board Positions Section 501: Philosophy of Election.

Election of Officers will be by the Executive Board with the input of all interested present members. The input of members will not be binding on final decision by the Executive Board. The Executive Board will make its decisions based upon several factors, including but not limited to: the quality of the member's written work, the personal skills of the member, the commitment to the Review evidenced by the member, and general character observations of the member made by the Board.

Section 502: Decision Not to Appoint.

The Executive Board reserves the right not to appoint a first year member to the Review for any position during the member's second year on the Review. Such right can only be exercised by a unanimous vote in favor not to appoint by each Executive Board member.

Section 503: Election.

The election by the Executive Board of the Editor-in-Chief and all other Editors shall be held annually in the spring semester on a date selected by the Board.

  1. Only persons who have served as a member for one full year, have at least two semesters remaining to devote to the Review, and are in good standing shall be elected to serve on the Editorial Board. Good standing includes:
    1. meeting work requirements for the first year,
    2. writing a publishable note, and
    3. any other requirement set forth in written policies adopted by the Executive Board.
  2. The Executive Notes & Comments Editor shall provide eligible members with a form, prior to the election, on which they may declare their interest in as many of the various positions as they choose, and upon which they shall provide additional information in support of their candidacy. Copies of the forms shall be made available to all Executive Board members at least one week prior to the meeting for the election.
  3. All members who declare an interest in being elected to one or more positions on the Executive Board shall be interviewed by the Board prior to a vote. No Executive Board Members shall cast a vote for any candidate running for a particular position if said Executive Board Member has not interviewed all of the candidates for that position, regardless of the level of preference the candidates have assigned to that position.
  4. At the meeting to elect the new Editorial Board, the current Executive Board shall conduct a secret ballot vote to select the Editor-in-Chief first, followed by the other Editors, in an order decided by the Editor-in-Chief.
    1. Secret ballot votes will be taken until a candidate for the position being voted upon has received a majority of eligible votes.
    2. In voting for each editorial position, each Executive editor shall have exactly one vote per position, and may cast only one vote per position.
    3. In the event that in a vote for a particular position, if no candidate receives a majority after several ballots, and it is clear that the deadlock will not be broken in any way other than by a tie break, the Editor-in-Chief may exercise his tie-breaking vote pursuant to Section 401(a)(13).
  5. The newly elected Editorial Board shall assume office no later than the date of spring commencement. Such Editorial Board shall have such power as may be conferred upon it by the previous Executive Board.
  6. In the event a permanent vacancy in any position occurs for any reason, a meeting shall be called to elect by majority vote from those who would have been eligible for election to the Editorial Board at the time of the original election. An Editorial Board member must relinquish his/her other position upon election to the vacated position and an election must then be held to fill that position.
Section 504: Registration.

The number of graded or ungraded credit hours per semester which all members must register for are as follows:

  1. Student Note Candidates and Associate Members shall receive two hours of graded credit for the fall semester and one hour of ungraded credit for the spring semester.
  2. Editorial Board Members shall receive one hour of graded credit for each semester during the third year.
  3. Associate Editors shall receive one hour of ungraded credit for each semester during the third year.
CHAPTER 6
Evaluation of Student Submissions for Publication Section 601: Submission Criteria.

Each Student Note Candidate and Associate Member must submit a publishable work, which would serve to meet the student's senior writing requirement.

Section 602: Effect of Published Deadlines on Publication.

The Executive Board may extend the date for publication of an issue without notice, and may extend the date that the Student Note Candidates' and Associate Members' papers are due, without notice.

Section 603: Grading to be Exclusive Authority of the Faculty Advisor.

All grading for academic purposes will be the exclusive authority of the Faculty Advisor, and no member of the Board will influence the grade given to any paper. The Editor-in-Chief may make recommendations regarding the grades given to any member of the Review with respect to other areas of performance.

  1. Papers submitted after deadline will be penalized for tardiness according to guidelines to be published by the Board on an annual basis.
  2. Editing assignments will be given a score of 1-10 and reported to the Executive Notes & Comments Editor by the person who distributed the editing assignment. Consideration will be given to the quality of the editing assignment and compliance with deadlines. The average score of the editing assignments for each person will be given to the Faculty Advisor by the Executive Notes & Comments Editor, to be used as the Faculty Advisor deems appropriate.
Section 604: Selection Committee and Conflict of Interest Provisions.

The papers selected for publication will be chosen by a committee comprised of the Executive Notes & Comments Editor and the Editor-in-Chief, and any other Editorial Board members as the Editor-in-Chief sees fit to appoint to make such decisions.

  1. The committee comprised for the selection process will consist of no less than three members and no more than five members.
  2. Any Student Note Editor on the selection committee will be disqualified from voting on any student note if the Student Note Editor was assigned to that student during the year. In such a case, the Editor-in-Chief will vote on that paper. If the Editor-in-Chief is on the committee, another Editorial Board member will be selected to vote on that paper.
  3. All members of the selection committee have the duty to report to the Editor-in-Chief any possible conflict of interest in grading any student's note. For purposes of this section, a "conflict of interest" may be evidenced by any relation to the candidate which might give rise to an impression of unfairness or lack of impartiality in the selection process. The Editor-in-Chief will have final say as to whether or not a conflict of interest exists, and has the authority to determine whether or not the committee member in question may assign a grade to the note.
CHAPTER 7
Awards and Recognition of Members and Editors Section 701: Awards and Recognition to be Formulated by the Law School Administration and the Executive Board.

(This section currently contains no provisions.)

Section 702: The Blackwell Award.

The Blackwell Award for top second year paper will be awarded each year at the annual spring banquet. Those eligible for this award are Student Note Candidates who were selected for publication, whether or not they are actually published during the academic school year in which they were Student Note Candidates. The papers will be ranked by the Editor-in-Chief and the Executive Notes & Comments Editor, and forwarded to the appropriate members of the Indiana Bar Association's Section on International Law, who make the final decision on the selection for this award.

Section 703: The Waterman-McPhee Scholarship.

The criteria for this award are on file with the Editor-in-Chief.

Section 704: The Nagy Scholarship.

The criteria for this award are on file with the Editor-in-Chief.

CHAPTER 8
Amendment of By-laws Section 801: Amendment of By-laws.

Any change or amendment of the By-laws must be accomplished by the Editorial Board according to the mandates of the Constitution.

Section 802: Time for Amendments.

No amendments shall be made until March of the Spring semester, but before the new Editorial Board has been selected. Each new Editorial Board will be bound by the bylaws, as written by the outgoing Editorial Board, for an entire year.

CHAPTER 9
Faculty AdvisorSection 901:

The Faculty Advisor shall have the following duties:

  1. approving all student writing topics,
  2. assigning grades to all student notes,
  3. assigning grades to Editorial Board members (with recommendations from the Editor-in-Chief),
  4. assigning credit to second semester Student Note Candidates, Associate Members, and Associate Editors (with recommendations from the Editor-in-Chief), and
  5. reading or reviewing minutes of the Editorial Board.
Section 902:

The Faculty Advisor shall have the power to advise the Editorial Board on all matters brought to the Faculty Advisor, and to attend meetings of the Editorial Board.

Section 903:

The Faculty Advisor shall not have the power or authority to vote at meetings of the Editorial Board, or override any decisions of the Editorial Board or an Editor, including but not limited to, decisions regarding deadlines, disciplinary measures or reprimands to a member, and selection of an article or note for publication.

CHAPTER 10
II&CLR Alumni Association Section 1001: Purpose.

The Indiana International & Comparative Law Review Alumni Association has been created for the purpose of providing a continuing dialogue between past and current members of the Review. It is hoped that the Review will always benefit from the experience and generosity of its alumni.

Section 1002: Membership.

Each member of the Review becomes a member of the Alumni Association upon successful completion of the requirements of his or her position. Members will be given the opportunity to make an annual financial contribution to the Review which contribution shall include the subscription fee for the Review. The Executive Production Editor shall keep accurate and current records pertaining to all members of the Alumni Association and their subscription status.

Section 1003: Structure.

The organizational structure of the Association shall consist of one President and such other officers as the President shall appoint.

  1. The office of president shall be of indefinite duration, but each outgoing Executive Board shall contact the current President shortly before the time for amendment of these By-laws to inquire as to whether he or she wishes to resign or continue the office.
  2. In the event of the resignation of the President, the Executive Board shall appoint one past or outgoing member to fill the vacancy. Except as Section 1004 may require, the office of president shall not turn over until the time specified above for the Executive Board's inquiry.
  3. The name and address of the current President shall be recorded and maintained in these By-laws. These By-laws shall be amended pursuant to normal amendment procedures as necessary to give effect to this Chapter.
Section 1004: Resignation and Discharge.

If a President resigns his office, the Executive Board shall take such steps as may be necessary to fill the office either on an interim or permanent basis. If a majority of the Executive Board feel that, under all the attendant circumstances, the President's conduct warrants his or her removal, then the Editor-in-Chief shall discuss such fact with the Faculty Advisor and/or the Dean so that appropriate remedial measures may be taken. In the event that a vacancy in the office of president is filled for any reason at a time other than that which is the time for amendment of the By-laws, the Editor-in-Chief may execute a written order changing the status of the current President, which order will supersede Section 1005, and which order will expire upon the time for amendment of these By-laws.

Section 1005: Current President.

The current President of the Indiana International & Comparative Law Review Alumni Association is Anthony Scott Chinn, Editor-in-Chief of Volume 4 of the Review.


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