Constitution

As Established & Adopted, September, 1990 and last amended October, 2010.


PREAMBLE
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI

PREAMBLE

We, as 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 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 and other nations; and

Recognizing our responsibility to produce a credible and responsible academic journal; and

Recognizing 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:

  1. 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;
  2. 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;
  3. To enhance the reputation of the Indiana University Robert H. McKinney School of Law and the educational experience of its students; and
  4. 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:

  1. 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;
  2. To promulgate, through elected officers, By-laws to govern the policies and operation of the Review;
  3. To elect officers to direct the Review in all of its affairs, according to the By-laws;
  4. To convene meetings of its members;
  5. To register copyrights; and
  6. To exercise generally any other powers granted by the Indiana University Robert H. McKinney School of Law and not prohibited by law.
Section 2: Duties

The Review recognizes its responsibilities in the following areas:

  1. To assure intellectual integrity and honesty in every submission accepted for publication;
  2. To promote the principles of free speech by giving equal opportunity to contribute to responsible authors of controversial or politically unpopular views;
  3. 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:

  1. 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 should be in writing, co-sponsored, and certified by a member of the Executive Board of Editors.
  2. 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.
  3. 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.
  4. Voting on adoption or amendment of By-laws must occur in one meeting and shall occur in a two-step process.
    1. First, a vote of the non-Executive Board Editors shall be decided by a simple majority vote in favor of the proposal.
    2. Second, the proposed By-law or amendment is 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.
  5. 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 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.

  1. 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.
  2. 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.
  3. 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:

  1. 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.
  2. 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.
  3. 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.
  4. Ratification of amendments shall occur in one meeting and in a two-step process.
    1. First, a ratification vote of the non-Executive Board of Editors shall be decided by a simple majority vote of those present.
    2. Second, the proposed 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.

  1. 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.
  2. 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.
  3. 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.