Bylaws

Bylaws of the Belmont University Law Review 

 

Article I. Mission Statement

 

The Belmont University Law Review (hereinafter, the Law Review) is committed to both engaging in and facilitating useful legal discourse with a focus on promoting justice and upholding the mission statement and values of Belmont University. The Law Review endeavors to be ever mindful of these values while participating in academic debate. Members of the Law Review will seek to contribute to the legal community through meaningful intellectual discourse while conducting themselves with the highest standards of professional and ethical responsibility. 

 

Article II. Membership

 

Section 1. Selection

 

   (a)         The method of selecting Members of Law Review shall focus upon academic excellence and accomplished legal writing and research. All provisions, obligations, and responsibilities imposed upon Members by these Bylaws shall be equally binding regardless of method of selection for membership. The specific methods are set forth below in § 2.

 

   (b)         Subject to the terms and provisions herein, membership is limited to students who are enrolled full-time at Belmont University College of Law.

 

   (c)         In accordance with and subject to § 2 below, invitations shall be extended each academic year to (i) fifteen percent of students in the first-year class and (ii) at least two students in the second-year class. Invitations shall not be extended to any students in the third-year class.

 

   (d)         The number of students for membership in Law Review is subject to change at the discretion of the Editorial Board. This change shall be announced no later than one month after the American Bar Association (“ABA”) official recording date for the composition of the first year class, currently October 5th.

 

   (e)         No hazing or discrimination will be used as a condition of membership in this organization.

 

   (f)         Law Review agrees to adhere to Belmont University’s non-discrimination statement: Belmont University does not discriminate on the basis of race, sex, religion, color, national or ethnic origin, age, disability, military service, or sexual orientation in its administration of education policies, programs or activities; its admissions policies; or employment. 

 

Section 2. Eligibility

   (a)         First-Year Students

 

                      (i)         First-year students are selected on the basis of their academic excellence and accomplished legal writing and research skills. Specifically, fifteen percent of students in the first-year class shall be invited to join Law Review based on academic performance and normalized grading of the Appellate Brief completed in the first-year Legal Information and Communication course.

 

                    (ii)         In evaluation of Law Review candidates, seventy-five percent weight is given to first-year academic performance, as measured by the student’s cumulative grade point average (“GPA”) from the fall and spring terms of first-year. Normalized Appellate Brief scores are given twenty-five percent weight. The Faculty Advisor shall be responsible for normalizing the Appellate Brief scores and calculating the total indexed scores to determine membership. 

 

                   (iii)         In the event that the calculation of fifteen percent of the class results in a decimal number, this number shall be rounded up to the next whole number. For example, 15.1 would be rounded up to 16 students. 

 

   (b)         Second-Year Students & Transfer Students

 

                      (i)         Second-Year Write-On Competition (“Write-On Competition”): In order to be eligible to compete in the annual Write-On Competition, students must complete at least three semesters of law school, and have a minimum cumulative GPA of 3.5.

 

  1. The Write-On Competition shall be governed by the rules adopted by the Competition Committee. In accordance with Art. IV § 11(a) and (b), the Editorial Board shall select no fewer than three Members of Law Review to serve as the Competition Committee. Additionally, the Editorial Board shall select no fewer than three Members of Law Review to serve as the Scoring Committee. The Executive Development Editor and the Competition Committee shall select the Write-On Competition topic and shall prepare the competition packets. The Competition Committee shall perform the initial screening of all submissions. Subject to these Bylaws, the Executive Development Editor shall establish the specific rules regarding the Write-On Competition, the submission screening, and the scoring process.
  2. The competition packets shall be available for students to pick up on the first Monday of February, and shall be due no later than April 15. For valid entry into the competition, the student shall submit four copies of his or her answer in a sealed envelope with his or her Belmont University Student Identification Number (“BU ID number”) written upon the outside of the envelope. All submissions will be evaluated on criteria including, but not limited to, writing skills, organization, clarity, depth of analysis, and originality. Submissions that are initially approved by the Competition Committee shall then be scored by the Scoring Committee. Such submissions shall be ranked on the basis of their scores, and invitations shall be extended to the authors of the two highest-ranked submissions. An author who is granted an invitation must give written notice of either acceptance or declination within two weeks of receipt of the invitation. Declination of an invitation is irrevocable. An invitation may not be deferred. If an invitation is declined, it shall be extended to the next highest-ranking author.
  3. All submissions shall be anonymous. The only permissible identification on a submission shall be that student’s BU Student ID number. Failure to comply with this requirement shall result in immediate disqualification. 

 

OR

 

                    (ii)         Publication: A student shall be invited to join the Law Review if such student has a minimum cumulative GPA of 3.3 and is the sole author of a Note that both meets all Law Review Note requirements, as stated in § 3(a) and (b) below, and has been published in any of the following: (1) the Belmont University Law Review, (2) a print edition of the main/flagship law review of any ABA accredited law school, or (3) in another journal approved by the Editorial Board. The approval of a non-main/flagship journal is subject to the discretion of the Editorial Board.

 

Section 3. Duties of Membership

 

   (a)         During the first year of his or her membership, each Member shall complete at least one Note of approximately twenty pages or more, excluding footnotes and endnotes. A Note which is submitted by a Member and is deemed publishable by the Faculty Advisor shall satisfy the Belmont University College of Law Rigorous Writing Requirement.

 

   (b)         All Note topics must be of scholarly nature and approved by the Faculty Advisor.

 

   (c)         The Editorial Board shall render publication decisions for all Notes in the manner proscribed by Article VI.

 

   (d)         The Editorial Board may require Members to cite check, proofread, and edit the pieces selected for publication in the Law Review.

 

   (e)         The Editor in Chief, or other Members of the Editorial Board acting in his or her stead, may assign Members other tasks. In all cases, the Editorial Board shall seek an equitable distribution of labor.

 

   (f)         Election to the Editorial Board shall not affect the obligations of a Member.

 

Section 4. Membership Privileges

 

   (a)         In each issue, the names of the Editorial Board and of every Member shall appear on the Masthead of the Law Review.

 

   (b)         Subject to the rules established by the Editorial Board, each Member is entitled to use the Law Review offices.

 

   (c)         Each Member is entitled to vote at all Law Review member meetings; however, no proxy voting is permitted.

 

   (d)         A Member whose Note has been accepted for publication retains the option to decline publication. This decision will not affect the Member’s continued status as a Member or the Member’s academic credit for Law Review. Offers of publication will be contingent upon the student-author submitting an acceptable pre-publication draft.



Article III. Editorial Board Elections

 

Section 1. Timing 

 

Elections shall be held during the spring semester of each year, at a time most convenient for a majority of Law Review Members.

 

Section 2. Application for Candidacy

 

For each office to be filled, nominations shall be taken from the floor. Although candidates may run for more than one position, no candidate shall be elected to hold more than one position. Any candidate running for multiple positions shall make separate speeches prior to the vote for each position for which they wish to run.

 

Section 3. Election Procedures

 

   (a)         All elections shall be cast by written, secret ballot and shall be determined by a true majority vote. All Members of the Law Review present at the election meeting shall have voting privileges, but candidates may not vote on the position for which they are running. No proxy voting shall be permitted.

 

   (b)         The Editor in Chief shall chair the meeting and is permitted to vote. Elections for positions will occur in the following order:

 

                      (i)         Editor in Chief

 

                    (ii)         Managing Editor

 

                   (iii)         Executive Articles Editor

 

                   (iv)         Executive Notes Editor

 

                    (v)         Executive Development Editor

 

                   (vi)         Executive Submissions Editor

 

                 (vii)         Executive Technology & Online Content Editor

 

                (viii)         Symposium Editor

 

                   (ix)         Articles Editors

 

                    (x)         Notes Editors

 

   (c)         Each candidate shall make an informal speech to the Members of the Law Review regarding his or her qualifications for such position. Those nominated shall then leave the room, and the qualifications of each nominee to fulfill the duties of the office shall be discussed.

 

   (d)         In order to facilitate an open discussion, all Members who remain in the room shall keep the content of the deliberations confidential, and shall not reveal the discussion to anyone, including the candidates. The confidential nature of the discussion extends in perpetuity.  All comments should be respectful and in line with the professional atmosphere at Belmont University College of Law.

 

   (e)         Upon conclusion of discussion, the vote shall be had via secret ballot and then the candidates may return to the voting room. At this time, the Editor in Chief shall count the votes. The first candidate to attain a true majority of the votes cast shall be elected to fill the office.

 

   (f)         In the event of a tie between candidates, there shall be an additional vote between all tied candidates. In the event no candidate receives at least fifty percent of the votes, there shall be an additional vote between the top two candidates. Those candidates shall again leave the voting room. Members may have another discussion about the remaining candidates for the position. After the discussion, each Member, including former candidates who are no longer being considered, may cast his or her vote on a secret ballot, at which point the remaining candidates may return to the voting room. The second round of votes shall be tallied, and the elected candidate(s) shall be announced. If after the additional vote there still remains a tie between candidates, none of which receive a majority vote, the incumbent of this position shall select the winner at his or her discretion.

 

Article IV. The Editorial Board

 

   (a)         The Editors of the Law Review shall be:

 

                      (i)         Editor in Chief (“EiC”).

 

                    (ii)         Managing Editor (“ME”).

 

                   (iii)         Executive Articles Editor (“EAE”).

 

                   (iv)         Articles Editors (“AE”).

 

                    (v)         Executive Notes Editor (“ENE”).

 

                   (vi)         Notes Editors (“NE”).

 

                 (vii)         Executive Development Editor (“EDE”).

 

                (viii)         Executive Submissions Editor (“ESE”).

 

                   (ix)         Executive Technology & Online Content Editor (“ETOCE”).

 

                    (x)         Symposium Editor (“SE”).

 

   (b)         Each of these Editors is an Editorial Board Member, and together these Editors shall constitute the Editorial Board.

 

   (c)         The term of each volume’s Editorial Board shall begin immediately following election and conclude upon the election of the next Editorial Board.

 

   (d)         The Law Review also may have Associate Editors with duties as may be determined by the Editorial Board.



Article V. Division of Responsibilities & Authority

 

Section 1. Editor In Chief (“EiC”)

   (a)         General Duties.

 

The EiC shall be the chief executive officer of the Law Review and shall have general supervision, direction, and control of the business and affairs of the Law Review and of the Editorial Board. The EiC has the authority to preside at all meetings of the Members and/or Editorial Board; shall be an ex-officio Member of all standing committees; shall have the general powers and duties of management usually vested in the office of EiC of a law review; and shall have such other powers and duties as may from time to time be prescribed by the Editorial Board or these Bylaws. The EiC has final authority to determine the content of the Law Review and all affiliated publications.

   (b)         Specific Duties.

 

                      (i)         Revised Proof (“RP”) Edits. The EiC may perform approximately one-half of the RP edits but may assign RP edits to other editors with the approval of the ME.

 

                    (ii)         Assignment of Edits. The EiC shall have the authority to assign all edits. Additionally, the EiC shall have the authority to reassign edits that have already been assigned. The EiC shall assign edits under the following guidelines:

 

  1. The EiC shall ensure that the editing load of the ME, the EAE, the AEs, the ENE, and the NEs are balanced and that no office or Board member is overburdened with editing duties. All editors shall be available to perform any edit as required in order to publish quality Articles and Notes, on time.

 

                   (iii)         Management of Staff. The EiC shall be responsible for the management of staff.

 

                   (iv)         Disciplinary Duties.  In the event of a Disciplinary Committee (“DC”) Meeting, the EiC shall serve as chairperson of such proceedings, unless the EiC is implicated in the proceedings, in which case another Editorial Board member shall be chosen to serve by random lot.

 

Section 2. Managing Editor (“ME”)

   (a)         General Duties.

 

The ME directs the daily operations of the Law Review and has responsibility for assigning work to Members. In the absence or disability of the EiC, the ME shall perform all the duties of the EiC and, when so acting, shall have all the powers of, and be subject to all the restrictions upon, the EiC. The ME shall have such other powers and perform such other duties as may from time to time be prescribed by the Editorial Board or these Bylaws. The ME shall have the authority to investigate and impose penalties for any allegations of wrongdoing subject to disciplinary procedures.  Further, if the subject of the disciplinary proceedings appeals, or if the suggested penalty for wrongdoing is removal, the ME shall take on prosecutorial duties at the subsequent DC Meeting.

 

   (b)         Specific Duties.

 

                      (i)         Revised Proof (“RP”) Edits. The ME may perform approximately one-half of the RP edits, unless the EiC assigns RP edits to other editors.

 

                    (ii)         Assignment of Work to Members. The ME shall have the authority to assign duties to Members.

 

                   (iii)         Keeping Minutes. The ME shall arrange for minutes to be kept at all meetings of Members and all meetings of the Editorial Board. The ME shall arrange notice of all meetings.

 

                   (iv)         Maintenance of Accounts. The ME shall deposit monies and other valuables in the name of the Law Review and shall disburse such funds in payment as required by the EiC, ME, or Law Review.

 

                    (v)         Fundraising. The ME shall be responsible for soliciting cash or in-kind donations for the Law Review from sources outside of Belmont University.

 

                   (vi)         Training of Second-Year Members. The ME shall organize an orientation session for the training of incoming Members. The ME is responsible for creating and updating the Belmont Law Review Handbook for the instruction and guidance of Members.

 

                 (vii)         Review Committee. The ME shall serve as a member of the Review Committee responsible for the final review of all Notes and Articles to be considered for publication pursuant to the Notes and Articles Selection Procedure outlined in these Bylaws.

 

Section 3. Executive Articles Editor (“EAE”)

 

   (a)         General Duties.

 

As the head of the Articles Office, the EAE shall have all of the duties of an Articles Editor and shall have general control, direction, and supervision of the Article selection process. The EAE has the responsibility for ensuring that each Article published by the Law Review conforms to The Bluebook and grammar and style conventions. The EAE shall perform edits on Articles as requested by the EiC, and shall perform other editing duties as may be required. The EAE shall be available for proofreading whenever requested by the EiC or ME.

 

   (b)         Specific Duties.

 

                      (i)         Articles Edits. The EAE shall be responsible for the cite and substance review of all Articles accepted for publication including Symposium Articles.

 

                    (ii)         Author Notification. The EAE shall be responsible for notifying authors whose Articles have been accepted for publication and for communicating regularly with said authors throughout the editing process.

 

                   (iii)         Acquisition of Source Material. The EAE shall direct the acquisition, record, storage, and return of all source materials.

 

                   (iv)         Interlibrary Loans, Recalls, and Searches. The EAE shall be responsible for requesting Interlibrary Loans (“ILLs”), recall requests, and search requests as required to obtain source materials.

 

                    (v)         Return of Library Materials. The EAE shall be responsible for ensuring that library materials are returned in a timely fashion. The EAE shall be responsible for responding to any overdue notices or recall requests from libraries.

 

                   (vi)         Bluebook Cite Checks (“BBCCs”). The EAE and ENE shall be jointly responsible for scheduling BBCCs.

 

                      (i)         Review Committee. The EAE shall serve as a member of the Review Committee responsible for the final review of all Notes and Articles to be considered for publication pursuant to the Notes and Articles Selection Procedure outlined in these Bylaws.

 

Section 4. Articles Editor (“AE”)

 

   (a)         General Duties.

 

The AEs are responsible for reviewing Articles submitted for publication as assigned by the EAE. The AEs also have the responsibility for ensuring that each Article published by the Law Review conforms to The Bluebook and grammar and style conventions. The AEs shall perform edits as requested by the EiC and shall perform other editing duties as may be required. The AEs shall be available for proofreading whenever requested by the EiC or ME.

 

   (b)         Specific Duties.

 

                      (i)         Article Edits. The AEs shall be responsible for citation and substance review of all Articles that have been accepted for publication and assigned to the AEs for review including Symposium Articles.

 

                    (ii)         Acquisition of Source Material. The AEs shall direct the acquisition, record, storage, and return of all source materials.

 

                   (iii)         Interlibrary Loans, Recalls, and Searches. The AEs shall be responsible for requesting ILLs, recall requests, and search requests as required to obtain source materials.

 

                   (iv)         Return of Library Materials. The AEs shall be responsible for ensuring that library materials are returned in a timely fashion. The AEs shall be responsible for responding to any overdue notices or recall requests from libraries.

 

                    (v)         Edits. Each AE shall do an equal share of the edits, unless the EiC assigns edits to other editors.

 

                   (vi)         Bookpulls. When the EiC or ME schedule a BBCC, the AEs shall be responsible for gathering all sources necessary for the BBCC.

 

Section 5. Executive Notes Editor (“ENE”)

 

   (a)         General Duties.

 

As the head of the Notes Office, the ENE shall have all of the duties of an NE and shall have general control, direction, and supervision of the Note submission and selection process. The ENE has the responsibility for ensuring that each Note published by the Law Review conforms to The Bluebook and grammar and style conventions. The ENE shall perform edits on Notes as requested by the EiC, and shall perform other editing duties as may be required. The ENE shall be available for proofreading whenever requested by the EiC or ME.

 

   (b)         Specific Duties.

 

                      (i)         Note Submission. The ENE shall determine, with the approval of the Editorial Board, the appropriate timelines and dates for the submission of Notes for review in coordination with the Faculty Advisor.

 

                    (ii)         Note Selection. The ENE shall establish the general procedure for reviewing submitted Notes and recommending them to the Review Committee. The ENE shall assign Notes to the NEs to review for publication. When a Note is recommended to the Review Committee, the ENE shall inform it of the deadline for deciding on whether to accept or decline the Note for publication and the number of NEs recommending the Note for publication.

 

                   (iii)         Edits. The ENE shall perform edits on Notes, unless the EiC assigns such edits to other editors.

 

                   (iv)         Bluebook Cite Checks (“BBCC”). The ENE and the EAE shall be jointly responsible for scheduling BBCCs.

 

                    (v)         Review Committee. The ENE shall serve as a member of the Review Committee responsible for the final review of all Notes and Articles to be considered for publication pursuant to the Notes and Articles Selection Procedure outlined in these Bylaws.

 

                   (vi)         Note Selection. The ENE shall be responsible in conjunction with the NEs for reviewing all submitted Notes and recommending Notes to the Review Committee for publication pursuant to the Note Selection Procedures outlined by these Bylaws.

 

Section 6. Notes Editor (“NE”)

 

   (a)         General Duties.

 

The NEs have the responsibility for ensuring that each Note published by the Law Review conforms to The Bluebook and grammar and style conventions. The NEs shall perform edits on Notes as requested by the EiC and shall perform other editing duties as may be required. The NEs shall be available for proofreading whenever requested by the EiC or ME.

 

   (b)         Specific Duties.

 

                      (i)         Bluebook Conformity. The NEs have the responsibility for ensuring any Note published by the Law Review and which is assigned for his or her review conforms to The Bluebook and grammar and style conventions.

 

                    (ii)         Edits. The NEs shall perform edits on Notes, unless the EiC assigns such edits to other editors.

 

                   (iii)         Note Selection. The NEs shall be responsible in conjunction with the ENE for reviewing all submitted Notes and recommending Notes to the Review Committee for publication pursuant to the Note Selection Procedures outlined by these Bylaws.

 

Section 7. Executive Development Editor (“EDE”)

 

   (a)         General Duties. 

 

The EDE shall be responsible for the forward-looking development of the Law Review. The EDE shall be available for proofreading whenever requested by the EiC or ME, and shall perform any other general editing duties that may be necessary.

 

   (b)         Specific Duties.

 

                      (i)         Policy Review. The EDE shall review all Law Review policies and conduct studies to make recommendations to the Editorial Board about the best approach going forward.

 

                    (ii)         Write-On Competition Procedure. The EDE shall be responsible for selecting a topic for the Write-On Competition packet for interested second-year students in consultation with the EiC and ME. The EDE shall also create the guidelines and procedure for the Write-On Competition, the screening procedure, and the scoring procedure. The EDE shall be responsible for compiling the materials for the Write-On Competition packet and for overall production of that packet.

 

                   (iii)         Validity of Appellate Brief as Writing Component. The EDE shall be responsible for approaching all Legal Information & Communication Professors at the beginning of each academic year and securing their approval for using the Appellate Brief as the Writing Component for Law Review selection. If unanimous approval is not received, the EDE along with the EiC and ME shall be responsible for developing and new writing component, subject to the Editorial Board’s final approval.

 

                   (iv)         Promotional Development. The EDE shall be responsible for the promotion and development of all materials published by the Law Review.

 

                    (v)         Law Review Growth Studies. The EDE shall investigate the need for any additional editors and propose any additions or reductions in the Editorial Board positions to the Editorial Board for a vote.

 

Section 8.  Executive Submissions Editor (“ESE”)

 

   (a)         General Duties.

 

The ESE shall be responsible for the initial review of all Article submissions and subsequent recommendations to the Articles Office of those Article submissions that warrant consideration by the Articles Office for publication. The ESE shall be available for proofreading whenever requested by the EiC or ME.

 

   (b)         Specific Duties.

 

                      (i)         Management of ExpressO Account. ESE shall be responsible for managing the ExpressO account and notifying authors of the status of their submission. Further, the ESE shall notify the Articles Office if there is an expedited review request.

 

                    (ii)         Author Notification. The ESE shall be responsible for notifying authors of the receipt of their Articles and notifying authors whose Articles have been rejected.

 

                   (iii)         Review Committee. The ESE shall serve as a member of the Review Committee responsible for the final review of all Notes and Articles to be considered for publication pursuant to the Notes and Articles Selection Procedure outlined in these Bylaws.

 

                   (iv)         Article Selection. The ESE shall be responsible for reviewing all initial Article submissions and making recommendations for publication to the Articles Office.

 

Section 9. Executive Technology & Online Content Editor (“ETOCE”)

 

   (a)         General Duties.

 

The ETOCE shall be responsible for all content published by the Law Review on the Internet, both via [Belmont internet supplement] and any other outlets as they arise. The ETOCE shall be available for proofreading whenever requested by the EiC or ME, and shall perform any other general editing duties that may be necessary.

 

   (b)         Specific Duties.

 

                      (i)         [Belmont Internet Supplement]. The ETOCE shall oversee all [Belmont Internet Supplement] operations. This includes soliciting and selecting content, subject to EiC approval, editing all content, supervising any associate editors or members assigned to assist with these tasks, and performing any other duties that arise in the course of running [Belmont Internet Supplement].

 

                    (ii)         Websites. The ETOCE shall be responsible for overseeing the upkeep and maintenance of all Law Review websites.

 

                   (iii)         General Internet Duties. The ETOCE shall be responsible for all other aspects of the Law Review’s Internet presence, including promotional work in conjunction with EDE, posting of print volume proofs and summaries, and managing any affiliated blogs or commenting systems. Should Law Review join any other Internet-based publications such as Legal Workshop, the ETOCE will also be responsible for managing those relationships.

 

Section 10. Symposium Editor (“SE”)

 

   (a)         General Duties.

 

The SE shall be responsible for organizing and overseeing all Symposia conducted by the Law Review. The SE shall be available for proofreading whenever requested by the EiC or ME, and shall perform any other general editing duties that may be necessary.

 

   (b)         Specific Duties.

 

                      (i)         Organizing Symposium. The SE shall be responsible for organizing all Symposium related activities.

 

                    (ii)         Appointment. The SE may appoint other Members to aid in organization of Symposium activities with the approval of either the EiC or the ME.

 

                   (iii)         Contact with Symposium Speakers.  The SE shall be responsible for maintaining contact with all Symposium speakers and assuring that any necessary arrangements are made for their travel to and from the Symposium.

 

                   (iv)         Symposium Topic Selection. The SE shall be responsible for consulting with the Faculty Advisor and other members of the faculty, and/or bench and bar, to assist in generating a list of topics for the Law Review’s Symposium and identifying potential presenters. The SE will present topics to the Editorial Board.

 

                    (v)         The Editorial Board will make the final determination as to what will be the topic of the Law Review’s Symposium.

 

Section 11. Committees

 

   (a)         Review Committee. In accordance with Art. VI and Art. VII below, the Review Committee shall make the final selection of which Articles and Notes shall be published. This Committee shall be comprised of the EiC, ME, EAE, ENE, and the ESE.

 

   (b)         Competition Committee. In accordance with Art. II § 2(b)(i), the Competition Committee shall oversee the preparation and execution of the Write-On Competition. This Committee shall be headed by the EDE and comprised of no fewer than three Members, as selected by the Editorial Board. Its duties shall include, but are not limited to, adopting the rules, selecting the topic, preparing the packet, performing the initial screening of submissions, and ensuring the anonymity of all submissions.

 

   (c)         Scoring Committee. In accordance with Art. II § 2(b)(i), the Scoring Committee shall score and rank Write-On Competition submissions, utilizing the scoring process established by the EDE. This Committee shall be comprised of no fewer than three Members who are not serving on the Competition Committee and who have been selected by the Editorial Board.

 

Article V. Meetings

Section 1. Notice

 

Reasonable notice of all meetings shall be posted.

 

Section 2. Quorum

 

No business shall be transacted at a meeting unless a quorum is present. A quorum shall constitute one-half of the Law Review membership present at the meeting.

 

Section 3. Keeper of Minutes

 

At each meeting, the ME acting in his or her stead shall designate a Member to keep minutes during the meeting.

 

Section 4. Resolutions

 

Unless set forth elsewhere in these Bylaws, resolutions shall be adopted or business transacted by the vote of a majority of those Members present at a duly constituted meeting.

 

Section 5. Regular Meetings

 

The Law Review shall hold at least one regular meeting each semester. An additional meeting shall be held in the spring semester for election of the Editorial Board.



Article VI. Note Selection Process

 

   (a)         During the First Operating Year. The Faculty Advisor and one Legal Writing Professor shall review all submitted Notes and select six to recommend for publication. Following this recommendation, a committee composed of Belmont Law Faculty members shall review the six Notes and independently score them. The three Notes with the highest scores shall be selected for publication subject to author approval.

 

   (b)         Selection Process Thereafter.

 

                      (i)         Any student enrolled at Belmont University’s College of Law may submit a Note to be considered for publication. Students of other schools may submit Notes as well, but they may only be considered for publication through the Article Selection Process, not the Note Selection Process.  No student submitting a Note for publication shall include his or her name or identifying information (other than assigned anonymous number) on said piece during the submission process.  While the pieces may be identifiable to a particular other, this anonymous submission is meant to underscore that judgment of all pieces shall be based on the quality of the research and the writing, not upon the identity of the author.

 

                    (ii)         The ENE and NEs shall review all Notes submitted for publication and recommend twice the number of Notes to be published for further review. The ENE shall have the final decision on which Notes to recommend in the event that a consensus cannot be reached.

 

                   (iii)         The Notes recommended for publication shall then be scored by the Review Committee. The Review Committee shall begin by independently reading and scoring each recommended piece. The aggregate of these scores shall establish the Notes presumed to be published.

 

                   (iv)         The Review Committee shall then take those Notes that are presumed to be published and engage in a panel discussion regarding their content. Any member of the Review Committee may suggest substitution of one of the Notes presumed for publication with another Note that he or she determines to be of higher quality, but in no event shall such a substitution occur without unanimous approval by the Review Committee.

 

                    (v)         In no event shall the ENE or any NEs submit a Note to be considered for publication during the term in which they are serving in their respective positions. If a member of the Review Committee has a Note that is recommended for publication, he or she shall step down from the Review Committee and the EiC shall select a replacement. If the EiC's Note is recommended for publication then the ME shall select a replacement to serve on the Review Committee.



Article VII. Article Selection Process

 

   (a)         The ESE shall be tasked with reviewing all submitted Articles and making recommendations as to which pieces should be closely considered by the Articles Office for publication.

 

   (b)         The EAE and AEs shall review and independently score each Article recommended by the ESE for publication. The highest scoring Articles, twice the number to be published, shall be recommended to the Review Committee to be considered for publication. In the event there is a tie or a disagreement as to the top scoring Articles, the EAE shall be tasked with breaking the tie.

 

   (c)         The Articles recommended for publication shall then be scored by The Review Committee. The Review Committee shall begin by independently reading and scoring each recommended piece. The aggregate of these scores shall establish the Articles presumed to be published.

 

   (d)         The Review Committee shall then take those Articles that are presumed to be published and engage in a panel discussion regarding their content. Any member of the Review Committee may suggest substitution of one of the Articles presumed for publication with another Article that he or she determines to be of higher quality, but in no event shall such a substitution occur without unanimous approval by the Review Committee.



Article VIII. Discipline

 

Section 1. Sanctionable Actions

 

Any act or omission to act which is deemed worthy of disciplinary measures shall be subjected to such measures in accordance with the sections herein. Such acts or omissions include, but are not limited to: failure to promptly submit assignments, failure to fulfill the required duties of an elected position, insubordination, absence from mandatory meetings, failure to complete membership requirements, or any act or omission which is deemed to directly or indirectly contravene the stated mission, purpose, and/or goal of the Law Review, Belmont University’s College of Law, or Belmont University.

 

Section 2. Procedure

 

   (a)         With the exception of §§ II(a)(i) and (ii) below, a proceeding against a Member of Law Review shall be instituted following the submission of a written complaint, which may be anonymous, to the ME. Upon such complaint, the ME has an affirmative duty to reasonably investigate the allegations made in the complaint, including, but not limited to, discussing the allegations with the Member implicated in the complaint as well as consulting that Member’s direct managing Editor. Following this investigation, the ME shall make the initial determination of what sanctions should be imposed.

 

                      (i)         If the ME is the person implicated in such complaint, the complaint shall be directed to the EiC who shall then assume all duties assigned to the AE as set forth in Sections II and III herein.

 

                    (ii)         Complaints which fall within the subject matter jurisdiction of either Belmont University or Belmont University’s College of Law, as set forth in the Student Handbook, shall be directed to the Faculty Advisor, not the ME or EiC.

 

   (b)         A sanctioned Member of Law Review has the right to appeal the ME’s decision to a DC. The DC shall be comprised of two second-year student Members, two third-year student Members, with the EiC presiding over the hearing and serving as a voting member of the committee. In the event a selected DC Member has a conflict of interest, that person must recuse himself or herself and may also if he or she fails to act be removed from the DC by the other members of the DC.  The ME will act as prosecutor and has the right to call witnesses. The sanctioned Member has no right to any representation in any capacity, other than self-representation, but has the right to call witnesses.

 

Section 3. Sanctions

 

Disciplinary measures include, but are not limited to, a warning, reprimand, ineligibility for an elected board position in the following year, removal from a currently held board position, failure of the course, and/or removal from membership in the Law Review. Where the sanction is failure of the course and/or removal from membership in the Law Review, the sanction will be treated as a recommendation from the Law Review to the Faculty Advisor but is not binding on the Faculty Advisor. The Law Review’s Faculty Advisor, in his or her sole discretion, shall determine if the student fails the course or is removed from membership in the Law Review.

 

Article IX. Amendment Procedure

 

These Bylaws may be amended by a two-thirds vote of the combined votes of the Law Review Members present at a Meeting. Notice to amend the Bylaws must be given to the membership at least one week prior to that meeting. Any Member may propose an amendment by submitting it via email or in writing to the EiC, who shall include the text of the proposal in the notice of the next meeting. The EiC may at his or her discretion, elect to receive proposed amendments during a meeting, provided they are made in writing. At that meeting, the EiC will announce the proposed amendment, and the proponent of that amendment will be given a brief opportunity to speak. Any Member who is present at the meeting and who wishes to be heard on the proposed amendment will be afforded a brief opportunity to speak in favor of or opposition to the proposed amendment.