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George Mason Law Review
Volume 15 Spring 2008 Number 3


 pdf  George Mason Law Review Constitution

ARTICLE I - NAME AND OBJECT

The name of this Association shall be the George Mason Law Review ("Law Review").

Its object shall be to publish a legal periodical; to serve as a teaching vehicle by providing

means for the students of the George Mason University School of Law ("GMUSL") to

enhance their research and writing abilities; and in general to advance the study and

development of law.

ARTICLE II - MEMBERSHIP AND FACULTY ADVISORS

SECTION 1. Membership. The membership of the Law Review shall consist only of the

Board of Editors, Associate Editors, and Full Members. All Law Review Members shall

be students in good standing at GMUSL.

SECTION 2. Faculty Advisors.

A. Selection. The Law Review Board of Editors will work with the GMUSL

Administration to designate one or more faculty members as Faculty Advisors.

Faculty Advisors must be affirmed, however, by a three-fourths vote of each new

Board of Editors. There is no limit to the number of terms the Faculty Advisor(s)

may serve.

B. Duties. Faculty Advisors may work closely with the Board of Editors to aid in

the execution of the goals of the Law Review.

ARTICLE III - BOARD OF EDITORS

SECTION 1. Definition. The Board of Editors ("Editors") shall consist of the Editor-in-

Chief, Executive Editor, Managing Editor, Articles Editors, Notes Editors, Research

Editors, Productions Editor(s), and Symposium Editor. The Board of Editors shall serve

as the officers and governing body of the Law Review. There shall be no fewer than eight

or more than seventeen editors serving on any one Board of Editors.

SECTION 2. Terms of Office. The Editors shall take office no later than June 1

subsequent to their selection and shall serve no later than the following June 1. In its

discretion, the outgoing Board may turn over management of the Law Review to the

incoming Editors prior to June 1.

SECTION 3. Voting Power. The members of the Board of Editors shall be of equal rank

and, except as hereinafter provided, shall be entitled to votes of equal weight on any

matter on which the Editorial Board may vote. A quorum of the Editorial Board shall

consist of at least three quarters of the Editorial Board membership. Unless otherwise

specified in this Constitution, votes by the Board of Editors shall be decided by a simple

majority vote. In the event of a tie, the Editor-in-Chief's vote shall serve as the tiebreaker.

SECTION 4. Editorial Selections.

A. Time of Election. The election of a new Board of Editors shall be conducted at

a special meeting of the current Board of Editors called for that purpose to be held

between January 15 and April 1.

B. Eligibility. Eligibility for selection to the Board of Editors shall be limited to

those who have fulfilled the duties of a Candidate Member and have become Full

Members and, after selection, will have at least two but not more than four full

semesters (not including summer sessions) remaining before graduation.

C. Method of Selection. Selection for a Board of Editors position shall be based

on an application and interview process.

D. Vacancies. Vacancies on the Board of Editors shall be filled for the remainder

of the unexpired term of the vacating Editor by a majority vote of the incumbent

Board of Editors.

E. Removals. Any Editor may be removed for failure to perform the duties of the

Editor's office. Removal may be initiated by any two Editors who believe an

Editor is not performing adequately. The two Editors shall call a conference of the

Editors with the Editor who is subject to removal. Showings of cause for removal

may be made by any Editor. After the Editor in question has been given the

opportunity to rebut showings of cause for removal, a vote by secret ballot shall

be taken of the Editors. If all Editors, excluding the Editor subject to removal,

unanimously vote to remove, the Editor shall be removed.

ARTICLE IV - POWERS AND DUTIES OF THE BOARD OF EDITORS

The powers and duties of the Board of Editors are as described in the Law Review Policy

Manual.

ARTICLE V - ASSOCIATE EDITORS

SECTION 1. Selection. Any Full Member fulfilling the requirements in Article III,

Section 4(B) shall be eligible for an Associate Editor position. Selection shall be made by

a majority vote of the Board of Editors.

SECTION 2. Duties. Associate Editors shall be assigned to work with individual full

editors. Associate Editors shall commit to working approximately twice the work

requirement of a Full Member in Article VII, Section 2.

SECTION 3. Term. The term of office for an Associate Editor shall coincide with the

term of office of the Board of Editors that makes the selection.

SECTION 4. Voting. The Associate Editors shall not have voting privileges in decisions

reserved for the Board of Editors.

SECTION 5. Vacancies. Vacancies among Associate Editors shall be filled for the

remainder of the unexpired term of the vacating Associate Editor by a majority vote of

the incumbent Board.

SECTION 6. Removal. Any Associate Editor may be removed by a decision of the Board

of Editors for failure to perform the duties of the Editor's office. Removal may be

initiated by any two Editors who believe an Associate Editor is not performing

adequately. The two Editors shall call a conference of the remainder of the Board of

Editors with the Associate Editor who is subject to removal. Showings of cause for

removal may be made by any Editor. After the Editor in question has been given the

opportunity to rebut showings of cause for removal, a vote by secret ballot shall be taken

of the Editors. If all Editors unanimously vote to remove the Associate Editor, the

Associate Editor shall be removed.

ARTICLE VI - CANDIDATE MEMBER SELECTION

SECTION 1. Students at GMUSL at the End of First Year.

A. Eligibility.

Students who have completed exactly two semesters of study at GMUSL shall be eligible

for Candidate Membership on the Law Review if they both submit an entry in the writing

competition and have maintained a minimum cumulative grade point average equivalent

to the mean determined by the GMUSL Office of the Recorder at the end of the second

semester prior to the selection process.

B. Writing Competition.

The Notes Editors of an incoming Board shall develop each year a Writing Competition

topic and assemble a closed research package to accompany the topic. These packages

shall be available to eligible law students at some time prior to June 1. Papers shall be

returned to the Board of Editors by a date established by the Editors.

C. Candidate Member Selection.

(1) Review Committee: All eligible students shall have their Writing Competition entries

evaluated by a committee of Editors (the “Review Committee”), which the Board of

Editors will appoint to review writing competition entries. The Review Committee will

recommend making offers of Candidate Membership in accordance with the procedures

set forth in this Article. The membership of the Review Committee is to be determined by

the Board of Editors.

(2) Pool 1: Eligible Writing Competition Participants Finishing in the Top 15%. All

eligible students who are ranked in the top 15% of the first year class based on Grade

Point Average shall constitute Pool 1. The Review Committee will extend an offer of

Candidate Membership to the two-thirds of Pool 1 who submit the highest quality entries

in the Writing Competition, as judged by the Review Committee. Entries in Pool 1 that

are not deemed to be in the top two thirds of entries received shall then be included and

evaluated with all other entries in Pool 2, discussed in Section 1.C.3.

 

In the event any Pool 1 offerees decline Candidate Membership, additional offers shall be made

to Pool 1 students who submitted good faith writing competition entries. The number of

additional offers made shall equal the number of Pool 1 students who decline Candidate

Membership. If there are not enough good faith Pool 1 entries to meet this number, the

remaining additional offers may be made to Pool 2 students not selected under the procedure

outlined in 1.C.3.  
 

 

(3) Pool 2: Eligible Writing Competition Participants Not in the Top 15% and Eligible

Writing Competition Participants from Pool 1 Not Invited Under Section 1.C.1. The

Review Committee shall select the best eligible writing competition entries in Pool 2 and

propose inviting their authors to join the Law Review as Candidate Members. The

number of offers of Candidate Membership made from Pool 2 is at the discretion of the

Review Committee and the Board of Editors.

(4) Approval of Board of Editors Required. Before any offers of Candidate Membership

are made, the offers must be approved by a majority vote of the Board of Editors.

SECTION 2. Transfer Students. Students transferring to GMUSL from other ABA

accredited law schools shall become Law Review Candidate Members only if:

A. Upon enrollment at GMUSL, the GMUSL Administration considers them a second

year student; and,

B. They successfully participate in a write-on competition under such rules and

regulations as the Board of Editors shall establish at its discretion. “Successfully

participate” means that the student’s write-on submission is approved by a vote of a

majority vote of the entire Board of Editors.

ARTICLE VII - REQUIREMENTS FOR FULL MEMBERSHIP

SECTION 1. Writing Requirement. All Candidate Members shall complete a Note or

Comment of publishable quality in order to achieve Full Membership status. The Board

of Editors shall provide a written policy statement to all Candidate Members at the time

of the topic selection outlining all requirements, including all deadlines, involved in

creating a Note or Comment of publishable quality.

A. Full and Part time students. Students shall select a Note or Comment topic

during September of their second year. The final product shall be due to the Board

of Editors on a date designated by the incumbent Board of Editors, but no later

than the end of January of the Spring Semester of their second year.

B. Failure to meet writing requirement. Candidate Members who fail to meet the

requirements established by the Board of Editors for the writing requirement may

have their candidate status on the Law Review terminated by a three-fourths vote

by the Board, notwithstanding any provisions in Article VIII.

SECTION 2. Candidate Member Duties.

A. Office hours. All Candidate Members shall perform the necessary office hours

required for the satisfactory completion of projects assigned by the Board of

Editors.

B. Committee Assignments. At the discretion of the Board of Editors, all

Candidate Members may be assigned to committees sequentially during the

semester of their candidacy. Satisfactory completion of projects assigned by the

Editor chairing an assigned committee is required for full membership.

C. Other Assignments. Board members may assign Candidate Members

additional assignments as required to ensure the timely production of the Law

Review.

D. Representation of Candidate Membership. Candidate Member status on the

Law Review permits a student to represent such status to the legal and

professional community. This includes listing on one’s resume either “George

Mason Law Review” or “George Mason Law Review – Candidate Member,” as

the Candidate Member chooses. The shortened representation of simply “George

Mason Law Review” is allowed to avoid the confusion inherent in the short

format of a resume. However, a Candidate Member may never affirmatively

represent himself or herself as a full member and must act in good faith to explain

his or her status as a Candidate Member as the circumstances warrant. Failure to

follow these rules will subject the Candidate Member to strict disciplinary action

by the Board. A Candidate Member who resigns or is terminated by the Board of

Editors for any reason should ensure that all resumes and biographies (including

communications to current or prospective employers) indicate that the student

served as a Candidate Member, and only for the period of time for which he/she

maintained that status.

SECTION 3. Candidate Members Training Program. Each candidate member shall

participate in an intensive training program at the beginning of his/her Candidate Member

status period. Full membership is contingent on satisfactory completion of the training

program. The training program shall occur prior to or shortly after the beginning of the

Fall Semester of the Candidate Members' second year.  

SECTION 4. Selection for Full Member Status. The Board of Editors shall review all

papers submitted by Candidate Members. If the Candidate Member has met all deadlines

and other requirements associated with the drafting of the Note or Comment, the Board

will vote concerning whether to admit the Candidate Member to the Law Review as a

Full Member. A three quarters vote by the Board of Editors is required in order to grant

Full Membership.

SECTION 5. Maintaining Full Member Status. If required by the Board of Editors, Full

Members must continue to fulfill the office hour requirement provided in Article VII,

Section 2(A), the committee membership requirement provided in Article VII, Section

2(B), and any other assignments as provided in Article VII, Section 2(C). Full members,

however, will be required to serve on no more than one committee each semester.

Committee designation is within the discretion of the Board, which shall state its policy

at the beginning of the Fall Semester each year. Full Membership status may be revoked

after proper disciplinary action as provided in Article VIII.

ARTICLE VIII - DISCIPLINARY ACTION

SECTION 1. Academic Probation. Any Editor, Full Member, or Candidate Member who

is placed on academic probation, according to the academic provisions of GMUSL, shall

be dismissed from the Law Review. Such dismissal shall result in the granting of no

academic credit for Law Review membership.

SECTION 2. Disciplinary Action for Cause. Any Editor, Full Member, or Candidate

Member is subject to disciplinary action by the Board of Editors for failure to perform his

or her duties and responsibilities under the Constitution, for any Honor Code violation(s),

or for any misfeasance or malfeasance while on the Law Review.

A. Initiation of Disciplinary Proceedings. Disciplinary proceedings may be

initiated by any Editor or any two Full or Candidate Members who submit a

written petition to the Board. The Board shall fully investigate all grounds of the

complaint.

B. Warning Procedures. The Board shall issue warnings to Full Members and

Candidate Members who are not completing their respective membership

requirements. The form of such warnings shall be designated in the Law Review

Policy Manual or by the Board of Editors.

C. Removal Procedures. Any Full or Candidate Member may be removed from

his or her position by a three quarters vote of the Board of Editors, after

completion of all warning procedures.

ARTICLE IX -MATERIAL FOR PUBLICATION

SECTION 1. Articles. Each issue of the Law Review shall contain one or more articles,

essays, or book reviews, written by persons of professional standing.

A. Selection. The Articles Committee shall select all professional articles for each

issue. The Committee shall consist of the Editor-in-Chief, the Executive Editor,

the Research Editor, and the Articles Editors. A three-fifths vote is required in

order to accept an article for publication in the Law Review.

B. Copyright. The Board of Editors shall obtain a copyright agreement from each

professional author.

SECTION 2. Student Notes and Comments. Each issue of the Law Review shall contain

up to four student-written Notes or Comments.

A. Selection. Selection for publication of student written work is made by a threefourths

vote of the Board of Editors. The Board selects and ranks the student work

during the voting process for Full Membership provided in Article VII, Section 4.

B. Independent Student Submissions. The Board of Editors shall have discretion

to offer the opportunity for GMUSL students who are not members of the Law

Review to independently write a Note or Comment, as long as they satisfy the

minimum GPA requirements listed in Article VI, Section 1(B)(2), and have no

less than two academic semsters remaining in law school. The Board of Editors

shall establish the procedures, requirements and conditions for any Independent

Student Submission. A student interested in taking advantage of this Candidate

Member method of membership shall inform the Board of the proposed topic. If

the Board approves the topic by a three-fourths vote, it shall offer the student the

opportunity to write and submit a Note or Comment. A student writing an

Independent Student Submission shall not be assigned a Notes Editor and shall

have available only such informal assistance from the Board as he or she actively

pursues. If the Board, by a three-fourths vote, determines that the student?s final

Note or Comment is of publishable quality, the author shall be made a Candidate

Member. The student's Note or Comment shall serve as satisfactory completion of

the writing requirement in Article VII, Section 1. The Candidate Member shall

complete the requirements in Article VII, Section 2 to become a full member of

the Law Review.

C. Copyright. The Board of Editors shall obtain a copyright agreement from each

student author.

ARTICLE X - ACADEMIC CREDIT

Editors and Full Members of the Law Review who have satisfactorily completed their

duties as provided in this Constitution shall be eligible to receive one academic credit, or

more as the Administration allows, in their final semester at GMUSL. The Board has

discretion to award that academic credit to Editors and Full Members.

ARTICLE XI - AMENDMENTS TO THE CONSTITUTION

Any Board Member, Full Member or Candidate Member may propose, in writing,

amendments to the Constitution. Proposed amendments shall be submitted to the Board.

Proposed amendments or changes to the Constitution shall become effective if approved

by a majority of the Board and ratified by a majority of the Full Members.

ARTICLE XII - RATIFICATION

Ratified this day, August 27, 2001, by the George Mason Law Review. Amended April 5,

2002. Amended July 16, 2004. Amended October 29, 2004. Amended June 26, 2005.

Amended April 30, 2006. Amended November 17, 2006. Amended March 1, 2007.

 

 

George Mason Law Review Constitution