PACIFIC
RIM LAW & POLICY JOURNAL ASSOCIATION
BYLAWS
A.
Selection for Regular Candidates.
Candidates shall be selected during the Spring quarter each year based
on the following criteria:
1.
All candidates for membership shall have completed a minimum of 45 law
school credits.
2.
No regular candidate for membership shall have less than six quarters
remaining before graduation from the law school.
3.
Candidates shall be selected in a manner determined by the incoming
Executive Board based on a writing competition and a personal statement
submitted by potential candidates.
4.
Transfer students are eligible to compete in the writing competition.
5.
Failure by potential candidates to adhere to the announced rules for the
writing competition may result in disqualification from consideration for Journal
candidacy. Any person charged with
violating such rules will be furnished written notice of the charges and will
have the right to a confidential hearing before the Executive Board. If a majority of the voting members of the
Board finds that the applicant violated the announced rules of the competition,
he or she shall be disqualified for candidacy.
B.
Selection of Other Candidates.
Other candidates may be selected based on the following criteria:
1.
All candidates other than regular candidates shall have completed an
original written work suitable for publication in the Journal. Such candidates are permitted to obtain editing
assistance from faculty members or other law students.
2.
Suitability for publication shall be determined by the Editor-in-Chief,
or a person or persons appointed by the Editor-in-Chief.
3.
All candidates shall have completed a minimum of 45 law school credits.
4.
No candidate shall have less than 3 quarters remaining before graduation
from the law school.
5.
Terms and responsibilities of membership for candidates other than
regular candidates shall be established by the voting members of the Executive
Board.
6.
The maximum number of the candidates selected, if any, shall be within
the discretion of a majority of the voting members of the Executive Board.
C.
Selection of Translation Candidates.
1.
Translation candidates shall be selected in a manner determined by the
incoming Executive Board based on a translation writing competition.
2.
All translation candidates shall have completed a minimum of 45 law
school credits.
3.
No translation candidate shall have less than 3 quarters remaining
before graduation from the law school.
4.
Translation candidates have the same rights and responsibilities as
regular candidates. Duties are not
limited to those within the Translations Department.
5.
The maximum number of translation candidates selected, if any, shall be
within the discretion of a majority of the voting members of the Executive
Board.
D.
Responsibilities.
1.
All regular candidates must complete a written piece suitable for
publication within one year of selection to the Journal. All translation candidates must complete a
written translation piece suitable for publication within one year of selection
to the Journal. Determination of
failure to complete a written piece for publication shall be made by the
Editor-in-Chief. Exceptions to the one-
year requirement must be approved by a majority of the voting members of the
Executive Board.
2.
No regular candidate may fail to complete a final draft approved by the
Comments Department prior to May 15 of the candidate’s first year. Determination of failure to complete a final
draft shall be made by the Editor-in-Chief.
Exceptions to this requirement must be approved by a majority of the
voting members of the Executive Board.
3.
No translation candidate may fail to complete a final draft approved by
the Translations Department prior to May 15 of the candidate’s first year.
Determination of failure to complete a final draft shall be made by the
Editor-in-Chief. Exceptions to this
requirement must be approved by a majority of the voting members of the
Executive Board.
4.
All candidates must complete all Journal assignments and duties
in a competent and timely manner.
E.
Term of Candidacy.
1.
Candidacy on the Journal shall continue until the candidate
graduates from law school, voluntarily terminates his or her candidacy, or
until candidacy is terminated in accordance with the Bylaws.
2.
Candidates who will be unavailable for Journal work during their
term of candidacy may request a leave of absence. A majority of the voting members of the
Executive Board must approve any request for a leave of absence.
3.
No person may represent that he or she is or has been a member of the Journal
unless:
a.
He or she is currently a candidate for membership on the Journal;
or
b.
He or she has been awarded a certificate of participation by the Journal.
A. General Provisions
1. Each year, the Journal may select
LL.M. students as LL.M. Affiliate Candidates for Journal membership.
2. The maximum number of LL.M. Affiliate
candidates to be selected shall be determined by the Executive Board before the
end of the Fall quarter of each academic year.
3. The following bylaws shall not apply to the
candidacy and membership of LL.M. Affiliates:
a. Sections
I – A, B, C, D
b. Sections
IV – A, B, C, D
4. LL.M.
Candidates may not be appointed as officers of the Journal.
B. Selection of LL.M. Affiliate Candidates
1. LL.M. Affiliate Candidates shall be selected in the first week of the Winter quarter.
2. LL.M. Affiliate Candidates shall be selected
by a majority vote of the Executive Board on the basis of a written personal
statement, written recommendations from two School of Law faculty members, and
one of the following: a translation, a
previously written paper suitable for publication, or a writing sample and
topic proposal.
3. All LL.M. Affiliate Candidates selected must
be available to carry out Journal duties during the Winter and Spring
quarters of the academic year in which they are selected.
C. Responsibilities and Certificate of Membership
1. LL.M.
Affiliate Candidates shall assist the Journal and individual Journal
members with citation checking, source gathering, research of foreign
materials, translation/transliteration of citations and other tasks as assigned
by Journal officers.
2. A
certificate of participation shall not be awarded to any LL.M. Affiliate Candidate
who has completed less than 60 hours of administrative work for the Journal.
3. Based
on the successful performance of all tasks assigned pursuant to paragraphs (1)
and (2) above, the outgoing Editor-in-Chief shall award LL.M. Affiliate Candidates
with a certificate of membership as an LL.M. Affiliate Candidate. Successful performance of assigned tasks will
be determined by the Editor-in-Chief.
The determination of the outgoing Editor-in-Chief, upon application by
the member affected by an adverse determination, may be reversed by a majority
vote of the voting members of the outgoing Executive Board.
4. LL.M. Affiliate Candidates may, but shall not
be required, to submit a written piece or translation piece for publication
consideration in addition to performing the tasks outlined in paragraphs (1)
and (2) above. LL.M. Affiliate
Candidates choosing to submit a written piece or a translation shall be
assigned a primary editor to work with.
A. General Provisions
1. Ph.D. students may apply to be candidates for
Journal membership pursuant to Sections I – A, B, or C of these bylaws.
2. The Executive Board may reserve up to two
candidate positions to be filled exclusively by Ph.D. applicants. Ph.D. students shall be selected for such
reserved positions by a majority vote of the Executive Board.
A. Candidates shall assist
in maintaining the integrity of the Journal and the legal system.
1. Candidates have an obligation to act with diligence and integrity in all of their official activities.
2.
In keeping with these notions of the highest ethical conduct, the Journal
insists that contributors of articles and translations disclose any interest
that they may have in the issues and positions being advocated. Such disclosure should appear in the first
footnote of the article and should include reference to such matters as the
fact that the author is employed by a party or retained by clients with an
interest in the issue, that the author was paid a fee or compensated in some
manner for the preparation of the article or translation, or that the author
regularly practices in the subject area addressed by the article or
translation.
B. Candidates shall
exercise independent, objective judgment in their decision-making involving all
official duties.
1.
Candidates must exercise their professional judgment with respect to
decisions involving selection and promotion of staff members and editors,
selections of comments, articles and translations to be published, and
editorial decisions which affect the continuity of articles. Candidates cannot allow the integrity of
their decision-making to be diluted by compromising influences, such as
personal interests, friendship, money, power, or other improper pressures.
2.
The Journal will provide an open and uncensored forum for debate
and airing of ideas on important issues of public policy and law.
3.
Decisions with respect to rejection or editing of comments, articles and
translations shall not be based solely on the conclusion that such articles
express unpopular views or that they advocate positions to which members of the
Journal or the law school administration or governing body are
personally opposed.
C. Candidates shall act
with competence in the conduct of all their official duties.
1.
The purpose of this standard is to maintain and foster the quality of
the Journal’s product. Candidates
must strive to be diligent and thorough in all their official dealings, with
the result that their knowledge and understanding of the issues will be
enhanced. Candidates should recognize
and admit their limitations (for example, areas of specialty of which they do
not have sufficient knowledge or background or understanding), and withdraw
from decision-making involvement in appropriate circumstances.
2.
Candidates shall provide guidance and training to newly appointed
candidates in order to provide continuity and to maintain the integrity of the Journal
in future years.
D. Candidates shall
maintain the confidentiality of those official dealings of the Journal
that are private in nature.
1.
Information and dealings of the Journal shall not be the subject
of discussions and dissemination when such matters are clearly private in
nature. Private matters include
information about student applicants for the Journal (such as the
relative quality of write-on papers, or other factors considered in the
admission decision), information about rejected articles or translations from
professional contributors, and information about rejected writings of student
applicants for the Journal.
2.
Information regarding internal disciplinary proceedings shall be treated
as confidential, except in circumstances that warrant the communication of such
information to external disciplinary authorities.
E. Candidates shall avoid impropriety or even the appearance of impropriety in the conduct of all their official duties.
F.
Candidates shall assist in maintaining the integrity and competence of
the School of Law.
1.
Candidates owe several duties to their sponsoring school to foster its
program. The Journal is the
practice laboratory for students, affording them the opportunity to engage in
the study of important topics of current interest, to comment upon those
subjects in analytically sound written presentations, and to evaluate and edit
the contributions of other authors.
Candidates have the obligation to treat their work for the Journal
as an extension of their classroom education in order to achieve their fullest
potential.
2.
Candidates speak for the Journal and the law school to the
faculty, business, governmental and legal communities. As previously noted, neither the Journal
nor the law school necessarily endorses the positions advocated by comments,
articles and translations appearing in the Journal. Rather, the Journal and the school of
law lend their authority to the right of the authors to advocate such
positions.
A. Officers.
1. There shall be one Editor-in-Chief.
2.
There shall be an Executive Board composed of the Editor-in-Chief, and
no less than five (5), but no more than fourteen (14), other candidates. There shall be at least one Executive Board
member from each department.
3.
After the initial appointment of the Executive Board by the
Editor-in-Chief, no new voting member may be appointed without approval of a
majority of the voting members of the Executive Board.
4.
There may be other officers as the Editor-in-Chief determines to be
appropriate.
5.
Selection of
Officers.
a.
Editor-in-Chief.
(1) The Editor-in-Chief shall be selected no earlier then the beginning of the sixth week of the Winter quarter and no later than the fourth week of the Spring quarter.
(2) The Editor-in-Chief shall be
elected by a majority vote of those candidates who will serve on the Journal
for at least two quarters of the subsequent academic year.
b.
Other Officers. The Editor-in-Chief-elect shall appoint all
officers with the advice of the retiring Editor-in-Chief and those candidates
who will serve on the Journal during at least two (2) quarters of the
subsequent academic year.
6.
Term of office. All
officers shall commence their term of office on the first day of the Spring
examination period, and shall serve until their successors commence their term
of office, unless terminated sooner in accordance with these Bylaws.
7.
Vacancies.
a.
Editor-in-Chief. Any vacancy in the office of Editor-in-Chief
shall be filled from among the candidates in the third-year class by a majority
vote of all the candidates for membership on the Journal.
b.
Executive
Board. Any vacancy on the Executive
Board shall be filled by the Editor-in-Chief with the advice of the remaining
members of the Executive Board and of the candidates for membership.
c.
Other
Officers. Any other vacancy shall be
filled by the Editor-in-Chief with the advice of the Executive Board.
B. Powers and Duties.
1. Editor-in-Chief. The Editor-in-Chief shall coordinate the operations of the Journal, assign tasks to officers and candidates, and approve all materials prior to publication in the Journal.
2. Executive Board. The Executive Board shall determine the policies of the Journal, perform tasks assigned by the Editor-in-Chief, and assign tasks to candidates.
3. Other Officers. Other officers shall perform tasks assigned by the Editor-in-Chief, members of the Executive Board, and Department heads.
C. Decisions.
1. Except as provided by these Bylaws, all major policy decisions shall be made by a majority vote of the voting members of the Executive Board.
2. All Executive Board decisions and votes shall be published and made available to the candidates for membership to the Journal.
3. Except as provided for in these Bylaws, any ten candidates may require a vote of all candidates on decisions of the Executive Board or the Editor-in-Chief by written request to the Editor-in-Chief. Except as provided for in these Bylaws, three-fourths of all candidates of the Journal may nullify or mandate a decision of the Executive Board or Editor-in-Chief.
D. Disciplinary Action.
1. Any candidate may report to the Editor-in-Chief any other candidate’s failure to carry out assigned duties or violation of the Journal Code of Professional Responsibility. Such report shall be in sufficient detail to permit the challenged candidate to clearly understand the nature and the scope of the charges.
2. The Editor-in-Chief, upon receipt of such report shall notify the challenged candidate and the Executive Board of the charges. The Editor-in-Chief may counsel the candidate, refer the matter to another candidate (other than the charging party) for further investigation, and/or convene the Executive Board to consider further action.
3. If the Editor-in-Chief is the subject of the report, the accusing candidate shall submit copies of the report to the Editor-in-Chief and to each member of the Executive Board.
4. If a majority of the voting members of the Executive Board finds that a candidate has failed to complete Journal assignments satisfactorily and on time, they may require the candidate to complete a Performance Improvement Program (PIP) as a condition of continued candidacy or may take other action. Other action includes, but is not limited to, termination of candidacy.
a. The Editor-in-Chief shall select a PIP supervisor to oversee the work of the challenged candidate.
b. The PIP supervisor shall take reasonable measures to assist the challenged candidate in properly carrying out assigned duties, including setting goals, monitoring the challenged candidate’s workload, critiquing the challenged candidate’s work product, and meeting with the challenged candidate to discuss aspects of the Journal’s duties.
c. Within the time prescribed by a majority of the voting members of the Executive Board, the PIP supervisor shall file a report with the Editor-in-Chief regarding the performance of the challenged candidate during the period of supervision. The Editor-in-Chief shall supply a copy of the report to each member of the Executive Board, who will then decide whether to continue or to terminate the supervision, or to take other action.
d. All actions relating to the Performance Improvement Program shall be confidential.
5. If two-thirds of the executive board feels that requiring a candidate to complete a PIP is impractical or would fail to address the concern or that the candidate has not satisfactorily completed the PIP, the challenged candidate’s candidacy may be terminated or other action taken.
6. Procedures for an Alleged Violation of the Journal Code of Professional Responsibility.
a. Within a reasonable time after notification of a charge of a violation of the Journal Code of Professional Responsibility, the Editor-in-Chief shall select an investigator to investigate the charges made. The investigator shall be a candidate from the third-year class who is not a member of the Executive Board and who is not the challenged candidate.
b. The investigator shall engage in fact-finding regarding the alleged violation, using reasonable means to keep the allegation confidential.
c. The investigator shall file a report with the Editor-in-Chief regarding the findings of fact regarding the charges against the challenged candidate. The Editor-in-Chief shall supply a copy of the report to each member of the Executive Board.
7. Hearing and Disciplinary Action.
a. Within reasonable time after receipt of the supervisor’s or investigator’s report, the Executive Board shall hold a hearing to consider disciplinary action. A copy of the supervisor’s or investigator’s report shall be provided to the challenged candidate prior to the hearing.
b. The Editor-in-Chief shall preside over the hearing, unless the Editor-in-Chief is the accuser of the accused, in which case an Executive Board member chosen by a majority of the voting members of the Executive Board shall preside.
c. All hearings to consider disciplinary action by the Executive Board shall be confidential unless the challenged candidate waives this right. The challenged candidate will be provided with an opportunity to fully respond to the charges at the hearing.
d. Upon receiving all evidence, the Executive Board will excuse the challenged candidate, and the accuser if present, while the Executive Board deliberates and makes their Findings of Fact and Conclusions with respect to the charges. If a charge is found to be proved, the Executive Board may impose sanctions in accordance with paragraph (e) below.
e. Except as otherwise provided by these Bylaws, there shall be no change in status as an officer, or as a candidate for membership, unless concurred in by at least two-thirds of all voting members of the Executive Board (other than the challenged candidate). Other disciplinary action may be taken by majority vote of the voting members of the Executive Board. Other disciplinary action may include the Performance Improvement Program, probation or a letter of censure.
8. Special Termination Procedures for Failure to Complete a Publishable Piece.
a. If the Editor-in-Chief determines that a candidate of the Journal has either failed to complete a final draft within one year of selection or failed to complete the substantive editing of their piece by May 15 of the candidate’s first year or November 15 of the year in which the candidate was admitted if the candidate wrote on during his or her second year of law school, the Editor-in-Chief may immediately terminate the student’s candidacy for membership on the Journal.
b. Termination under these special procedures may not be reversed except:
(i) by a two-thirds
vote of the combined memberships of the current Executive Board and the
Executive Board-elect (if an Executive Board-elect exists at the time of the
proposed termination); or
(ii) after the Executive Board-elect assumes office,
by a two-thirds vote of that Executive Board.
c. Termination under these special procedures may not be reviewed or reversed by the candidates for membership.
A. Each candidate who has completed a publishable piece, discharged all administrative assignments in a competent and timely manner, and is expected to graduate during the current school year, shall be awarded a certificate of membership.
B. A certificate of participation shall not be awarded to anyone who has completed less than 180 hours of administrative work for the Journal.
C. Based on the successful performance of paragraphs (A) and (B) above, the retiring Editor-in-Chief shall award the candidate a certificate of membership.
D. The determination of the retiring Editor-in-Chief may, upon application by the member affected by the adverse determination, be reversed by a majority vote of the voting members of the retiring Executive Board.
A. Automatic Renewal. The Bylaws shall be automatically renewed on the last day of Spring quarter.
B. Amendment. Any candidate may propose an amendment to the Bylaws in writing to the Executive Board. An amendment may be made by a four-fifths vote of the Executive Board.
C. Annual Amendment. After the last day of the Spring quarter, but before the last day of September, the Editor-in-Chief may propose amendments to these Bylaws. These amendments shall become effective upon approval by two-thirds of the candidates who have served on the Journal for at least one year or completed a publishable piece.
D. Amendment shall be immediately effective upon the effective vote of the Executive Board under either paragraphs (B) or (C) above.
(Nov 2004)