Indiana International & Comparative Law Review
Constitution
As Established & Adopted,
September, 1990 and last amended March, 1995.
PREAMBLE
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
PREAMBLE
We as the individual students and members of an organized
body committed to the academic research of international
and comparative law, believe the principles of
international and comparative law should be recognized and
understood. We recognize our duty and obligation to
educate ourselves and our peers in the area, and to
provide a forum for scholarship in the area of
international law and the comparative analysis of legal
systems.
Recognizing that we have a special opportunity to promote
mutual understanding and cooperation among students of our
nation and of others; and
Recognizing our responsibility to produce a credible and
responsible academic journal and our responsibility to
protect access to membership and publication for persons
of all races, creeds, and nationalities;
By this document, we do ordain and establish this
Constitution as the governing instrument of the Indiana
International & Comparative Law Review.
ARTICLE I
Section 1: Name
The name of this organization shall be the “Indiana
International & Comparative Law Review”
(hereinafter “Review” or “the
Review”).
Section 2: Term of Organization
The term for which the Review is organized is perpetual.
ARTICLE II
Section 1: Purpose
The purposes of the Review are as follows:
- To promote understanding and recognition of the principles
of international law and comparative analysis of legal
systems through the publication of a scholarly journal
dedicated to those subjects, and the encouragement and
management of students and scholars who seek to contribute
to it;
- To educate ourselves and others in the areas of
international law and comparative analysis through
discussion, symposia, research, and any other appropriate
means, and to promote associations between lawyers and
students from around the world;
- To enhance the reputation of the Indiana University School
of Law – Indianapolis and the educational experience
of its students;
- To encourage excellence among the student body, and to
promote the ability to contribute, based solely on merit.
ARTICLE III
Section 1: Powers
The Review shall have all the powers necessary,
appropriate, or convenient for accomplishment of its
purposes, including:
- The power to receive, acquire, and dispose of funds and
other property; to accept grants in aid of its purposes;
and to enter into agreements;
- To promulgate, through elected officers, By-laws to govern
the policies and operation of the Review;
- To elect officers to direct the Review in all of its
affairs, according to the By-laws;
- To convene meetings of its members;
- To register copyrights; and
- To exercise generally any other powers granted by the
Indiana University School of Law – Indianapolis and
not prohibited by law.
Section 2: Duties
The Review recognizes its responsibilities in the
following areas:
- To endeavor to assure intellectual integrity and honesty
in every submission accepted for publication;
- To promote the principles of free speech by giving equal
opportunity to contribute to responsible authors of
controversial or politically unpopular views;
- To make every effort to promote access to membership and
publication, based on the merit of individual
contributions and without regard to sex, race,
nationality, or creed.
ARTICLE IV
Section 1: Adoption and Amendment of By-laws
The following requirements shall be met before amendments
are valid:
- All members of the Editorial Board are empowered to
propose, adopt and amend By-laws for the operations of the
Review. All proposed amendments to the By-laws shall
be in writing, co-sponsored, and certified by a member of
the Executive Board of Editors.
- Upon presentment of the certified proposal, the
Editor-in-Chief shall convene the meeting for adoption or
amendment of By-laws within sixty (60) days, and at a date
not later than the date for appointment of the succeeding
Executive Board of Editors. This meeting shall be
open to all members of the law school community. The
Editor-in-Chief shall direct the Executive Production
Editor to post a copy of the proposal in a prominent place
and make copies of the text available to all members of
the law school community upon request.
- The proposed amendment to the By-laws shall be adopted by
a vote of the Editorial Board at a general meeting of the
Review. Fourteen (14) day notice of the date, time,
place, and purpose of the meeting shall be given to all
members. The meeting must be attended by a quorum of
Editorial Board members. A quorum consists of a
number of Editorial Board members in excess of fifty
percent (50%). Attendance at a meeting convened for the
purpose of adopting or amending By-laws is a duty of every
Editorial Board member.
- Voting on adoption or amendment of By-laws must occur in
one meeting and shall occur in a two-step process.
The first step is to conduct a vote of all Editorial Board
members present who are not members of the Executive Board
of Editors. The vote of the non-Executive Board
Editors shall be decided by a simple majority vote in
favor of the proposal, the proposed By-law or amendment
shall be referred to the Executive Board for a vote of
ratification. Ratification by the Executive Board
occurs when the proposed By-law or amendment receives
approval by a two-thirds majority of the Executive Editors
present. No votes may be cast by proxy.
- The procedures apply only to the adoption or amendment of
the By-laws; these procedures shall not affect the
day-to-day operational or administrative decisions of the
Executive Board of Editors.
Section 2: No Ex-post Facto Amendments to the
By-Laws
The By-laws governing the Review at the time membership is
offered to any given class of student members shall remain
in force throughout the academic year of the
members’ invitation to the Review. No group of
officers may impose ex-post facto requirements or
expectations on student members by way of amendment to the
By-laws without giving all members an opportunity to be
heard in a public hearing and without the unanimous
consent of all student members.
Section 3: Requirement of Notice and Public
Hearing
A vote to adopt proposed By-laws or amendments may not be
held until the law school community is given adequate
notice and an opportunity to be heard with respect thereto
in a public hearing.
- Minimum adequate notice of the public hearing is given to
the law school community when it states the date, time,
place, and purpose of the public hearing and is published
in any media in general circulation at the law school or
is prominently posted in conspicuous places at the law
school at least seven (7) days prior to public
hearing. Notice of the date, time, place, and
purpose of the public hearing must also be personally
served on all members of the Review via each
member’s law review mailbox or e-mail address if
appropriate.
- The Editor-in-Chief shall direct the Executive Production
Editor to post a copy of the proposal in a prominent place
and to make copies of the text available to all members of
the law school community upon request prior to or at the
public hearing.
- The public hearing for discussion and debate of proposed
By-laws or amendments is separate and distinct from the
official meeting for voting on the adoption of By-laws or
amendments required by Section 1 of this
Article. The public hearing required by this section
must occur no less than fourteen (14) days prior to the
Section 1 meeting for holding the vote on adoption.
ARTICLE V
Section 1: Membership
Membership in the Review shall be established by polices
contained in the By-laws.
Section 2: Election of Officers
Election of officers shall be governed by the By-laws.
Section 3: Establishment of Offices
Establishment of offices for the Review shall be governed
by the By-laws.
ARTICLE VI
Section 1: Adoption of the Constitution
This Constitution has been adopted by a unanimous vote of
the founding Editorial Board.
Section 2: Amendment of the Constitution
The following requirements shall be met before amendments
are valid:
- All members of the Editorial Board are empowered to
propose and adopt amendments to this Constitution.
All proposed amendments shall be in writing, co-sponsored,
and certified by a member of the Executive Board of
Editors.
- Upon presentment of the certified proposed amendment, the
Editor-in-Chief shall convene the meeting for ratification
of the amendment within sixty (60) days. This
meeting shall be open to all members of the law school
community. The Editor-in-Chief shall direct the
Executive Production Editor to post a copy of the proposed
amendment in a prominent place and make copies of the text
available to all members of the law school community upon
request.
- The proposed amendment to this Constitution shall be
ratified by a vote of the Editorial Board at a general
meeting of the Review. Fourteen (14) day notice of
the date, time, place, and purpose of the meeting shall be
given to all members of the Review and the law school
community. The meeting must be attended by a quorum
of Editorial Board members. A quorum consists of a
number of Editorial Board members in excess of fifty
percent (50%). Attendance at a meeting convened for
the purpose of ratifying amendments to this Constitution
is a duty of every Editorial Board member.
- Ratification of amendments shall occur in one meeting and
in a two-step process. The first step is to conduct
a vote of all Editorial Board members present who are not
members of the Executive Board of Editors. The
ratification vote of the non-Executive Board of Editors
shall be decided by a simple majority vote of those
present. Upon the receipt of a majority vote in
favor of the proposed amendment, the proposed by-law or
amendment shall be referred to the Executive Board for a
vote of ratification. Ratification by the Executive
Board must occur by a unanimous vote of the Executive
Editors present. No votes may be cast by proxy.
Section 3: No Ex-post Facto Amendments to the
Constitution
The Constitution governing the Review at the time
membership is offered to any given class of student
members shall remain in force throughout the academic year
of the members’ invitation to the Review. No
group of officers may impose ex-post facto requirements or
expectations on student members by way of amendment to the
Constitution without giving all members an opportunity to
be heard in a public hearing and without the unanimous
consent of all student members.
Section 4: Requirement of Notice and Public
Hearing
Ratification of amendments to this Constitution may not
occur until the law school community is given adequate
notice and an opportunity to be heard with respect thereto
in a public hearing.
- Minimum adequate notice of the public hearing is given to
the law school community when it states the date, time,
place, and purpose of the public hearing and is published
in any media in general circulation at the law school or
is prominently posted in conspicuous places at the law
school at least seven (7) days prior to public
hearing. Notice of the date, time, place, and
purpose of the public hearing must also be personally
served on all members of the Review via each
member’s law review mailbox or e-mail address.
- The Editor-in-Chief shall direct the Executive Production
Editor to post a copy of the proposal in a prominent place
and to make copies of the text available to all members of
the law school community upon request prior to or at the
public hearing.
- The public hearing for discussion and debate of proposed
amendments is separate and distinct from the official
meeting for voting on the adoption of amendments required
by Section 2 of this Article. The public
hearing required by this section must occur no less than
fourteen (14) days prior to the Section 2 meeting
for holding the vote on ratification.
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