Constitution
of
The Tennessee Journal of Practice and Procedure
I. NAME
The name of this organization is the Tennessee Journal of Practice and Procedure.
II. ADDRESS
The address of this organization is Cecil C. Humphreys School of Law, 207 Humphreys Law School, Memphis, TN, 38152-6513.
III. PURPOSE
The purpose of this organization is to publish a scholarly legal journal entitled The Tennessee Journal of Practice and Procedure. The Journal’s purpose is to provide opportunities for students to produce and publish a practical, useful and scholarly legal journal. The Journal’s purpose is unique and not within the scope of any other currently registered organization. The Journal represents the interest of the University of Memphis student members by bringing academic recognition through publication.
IV. NOTICE
Public notice shall be given to all students by posting requirements and procedures for Journal selection on the official student bulletin board located in the first floor student lounge.
V. MEMBERSHIP
A. Selection
1. Eligibility
a. Full-Time Students
Any student in good academic standing after completion of his/her first year may compete for membership on the Journal.
b. Part-Time Students
Any student in good academic standing upon completion of his/her first year, and having taken Legal Methods I may compete for membership on the Journal.
c. Transfer Students
Any student in good academic standing who has completed a legal writing course at his/her former school of law may compete for membership on the Journal.
2. Size of Staff
The maximum number of invitations to be extended for membership on the Journal shall be determined in advance of each competition for membership by the Editorial Board in consultation with the Faculty Advisors. A special committee appointed by the Editorial Board and chaired by the Research Editor shall make a superficial review of all competition materials submitted. This special committee shall then make recommendations for new Associate membership to the Editorial Board based on these reviews. The Editorial Board shall then select new Associate Staff Members by a two-thirds (2/3) vote based on the recommendations of this special committee. Selection shall be anonymous. The Faculty Advisors shall be notified of the Editorial Board’s selections for new Associate Membership before public announcement of new Associate Members.
3. Requirements
Candidates shall participate in a writing competition, which shall be administered in the following manner:
a. The competition shall be anonymous.
b. At the conclusion of the competition, the Executive Board shall select candidates to be certified as Associate Members.
4. Appeal
Students applying for admission, but not selected for membership on the Journal, may make a timely appeal upon notification of rejection. After reconsideration resulting in a favorable vote of two-thirds (2/3) of the Editorial Board, an invitation shall be extended to that student notwithstanding the provisions of Article V(A)(3).
a. Candidates not selected may petition for review within ten days of the conclusion of the competition. Petitions for review may only be made after meeting with the Research Editor to discuss the Executive Board’s decision. Petitions shall be in writing, with two copies delivered to the Editor-in-Chief, who shall deliver one copy to the Faculty Advisors. The Executive Board shall review the petition and advise the Faculty Advisor of their decision.
b. Any petitions rejected by the Executive Board shall be reviewed by the Faculty Advisors, who shall have the prerogative of overturning a rejection upon consultation with the Editor-in-Chief. There will be no further appeals.
B. Duties of Members
1. Staff Meetings
Each member of the Journal shall be required to attend staff meetings; and,
2. Editorial Assignments
Each member of the Journal is required to perform assignments as determined by the Editorial Board, including cite checking, proofreading, manuscript preparation, or any other duty considered to be a necessary function of the Journal. Assignments shall be made on an equitable basis and records of such assignments shall be kept by the Research Editor and available to all members upon request.
Additionally, each Associate Member shall required to write two (2) notable case summaries or one (1) article for publication during each semester of membership.
C. Termination of Membership
1. Loss of Good Academic Standing
Any member who lacks good academic standing as determined by the Academic Dean of the School of Law shall be dismissed from participation on the Journal, with resulting loss of credit. The Managing Editor shall make request for the academic standing of all current members at the conclusion of each semester, provided a member’s cumulative grade point average can be calculated for that semester.
2. Unsatisfactory Performance of Duties
Any member who fails to perform the duties set out in Article V(B) in a satisfactory manner shall be dismissed from the Journal by a vote of two-thirds of the Editorial Board. Alternatively, the Editorial Board may, at its discretion, impose sanctions upon the offending member. The Faculty Advisors shall be notified of any actions taken pursuant this section.
3. Notice and Hearing
Each member shall have written notice of his/her unsatisfactory performance. After written notice has been given, each member shall have the opportunity to appear before the Editorial Board to show good cause why s/he should not be dismissed. Such an appeal shall be made in a timely manner. All decisions of the Editorial Board will be final.
VI. MANAGEMENT OF THE JOURNAL
The Journal shall be managed by the Editorial Board. The Editorial Board shall determine the responsibilities of each Editor on an ad hoc basis. In addition, the Editorial Board shall have the power to form ad hoc committees to deal with specific tasks and goals. The outgoing Editorial Board, in consultation with the Faculty Advisors will determine the size requirements of the incoming Editorial Board.
B. Editorial Board Position Descriptions
Editor-in-Chief (EIC)(1) – general supervision of all aspects of the Journal, especially supervising other members of the Editorial Board; delegator of duties; chief liaison between the Journal staff an faculty advisors; chief liaison between the Journal and the student body; makes final decision, along with the faculty advisors, on removal of any staff member
Managing Editor (1) – assists EIC in supervision of production of the Journal; responsible for setting production goals, especially timeline goals, during the period of production; responsible for timely receipt of each Editorial Board member’s product for publication; reports to EIC
Production Manager (1) – responsible for the technical aspects of the Journal; responsible for assembly of material into publication format; responsible for delivery of copy to publisher and receipt of finished product from publisher; reports to EIC
Research Editor (1) – responsible for supervision of associate members; responsible for receiving research topics from faculty advisors; responsible for assigning work to associate members; responsible for preparing material for and administering competition for Journal Associate Membership each fall semester; reports to Managing Editor
Articles Editors (2) – responsible for supervising all members’ and guest authors’ articles; responsible for editing all articles and making them ready for publication; responsible for recruiting student, faculty, and local attorney guest authors; report to Research Editor
Notable Decisions Editors (NDEs)(3) – responsible for supervising all members’ ND summaries; responsible for editing all NDs and making them ready for publication; reports to Research Editor
Business Manager – responsible for all financial matters; responsible for all subscription matters, including soliciting new subscriptions and filling all subscriptions; responsible for keeping Journal office stocked with all necessary supplies
C. Meetings
The Editorial Board shall meet once weekly while an issue is in the publication process. The entire membership of the Journal shall meet once every other week while an issue is in the publication process. Minutes shall be kept of all meetings of the Editorial Board or meetings of the entire membership. The Business Manager or a designated substitute shall keep the minutes.
VII. APPOINTMENT AND TENURE OF THE EDITORIAL BOARD
A. Editorial Board Appointment
Editorial Board selection shall be made by the outgoing Editorial Board. The Faculty Advisors shall be notified of the new Editorial Board selections prior to public notice of the new selections.
1. The new Editorial Board will be selected pursuant to the following procedure:
a. Public notice of the selection process and period shall be given to all current eligible Associate Members. The Faculty Advisors shall be notified of the pending selection process.
b. Those eligible Associate Members interested in being selected for the Editorial Board for the upcoming year shall submit a resume and a letter of interest to the current Editorial Board member who holds the position that the Associate member is interested in. After all resumes and letters of interest have been submitted within the stated time to do so, all eligible Associate Members who have expressed interest in being selected for the Editorial Board shall be interviewed by the current Editorial Board member who holds that position.
c. After all interested Associate Members have been interviewed, the current Editorial Board shall meet to select the Editorial Board for the upcoming year. Each current Editorial Board member shall be permitted to make a recommendation for his/her respective position.
d. The Faculty Advisors shall be notified of the final selection for the upcoming Editorial Board before public notice is made.
e. In the event that there are not enough Editorial Board applicants to fill any position, all persons who had applied for other Editorial Board positions but were not selected for their preferred position will be given the opportunity to serve on the Editorial Board in a position for which there were no applicants.
B. Limitations on Activities
Any member elected to the Editorial Board, and who is also selected to the Editorial Board of the University of Memphis Law Review shall be allowed to serve as an Associate Editor, but shall have no voting rights regarding Editorial Board decision making.
C. Tenure
All Editorial Board members and Associate Editors will serve for one year, unless removed from the Editorial Board for good cause. Removal of a Board Member will be undertaken by the Faculty Advisors. Editorial Board membership will begin immediately after public notification of Editorial Board selection. The period of time between public notification of the new Editorial Board selection and the outgoing Editorial Board’s graduation from the School of Law shall be a training period for outgoing Editorial Board members to train the newly selected Editorial Board members.
VIII. PUBLICATION
A. Approval
The Editor-in-Chief will approve articles to be published in the Journal after considering the recommendations of the Articles Editor(s). Articles may be submitted by Members of the Journal, other students, faculty members, and individuals outside of the School of Law. The Faculty Advisors shall make suggestions for notable case summaries to be written by Associate Members.
B. Rights Over Publication
The Editorial Board shall have the right and responsibility to require additional drafts or to suspend or deny publication of any writing, when, in its discretion, the best interests of the Journal would be thereby served.
IX. FINANCES
A. Income
The income this organization shall receive shall be from subscriptions to the Journal and from advertisements placed in each publication of the Journal. A yearly subscription, which includes two volumes of the Journal, is priced at $20.00.
B. Distribution of Funds Upon Dissolution
In the event of the dissolution of the Journal, any funds and assets that remain after any and all debts are satisfied, are to be contributed to the University of Memphis Law Library.
X. AMENDMENTS
A. Procedure
This constitution may be amended at any time by a two-thirds vote of the members present at a general or specially called meeting. A quorum shall consist of two thirds of the membership of the Journal, including the Editorial Board. There will be no voting by proxy, and all members must be present to vote. Proposed amendments must be posted on the official bulletin board at least five days prior to the meeting, and the day, time, and place of the meeting must be posted as well.
B. Veto
Amendments are subject to veto by a three-quarters vote of the Editorial Board within ten days of passage. Upon a veto, one-third of the membership may call a special meeting for reconsideration of the amendment by submitting a request in writing to the Editorial Board. A three-quarters vote of all members present at the meeting shall override the veto. A quorum shall consist of two-thirds of the membership of the Journal, including the Editorial Board. There will be no voting by proxy, and all members must be present to vote.
C. Effective Date
This constitution is effective upon adoption. Adoption shall require a two-thirds (2/3) vote of all members at the beginning of each year. All persons joining the Journal after the effective date of this constitution shall be thereby governed. This constitution revokes any and all constitutions adopted previous to this date_________.
XI. CODE OF ETHICS
The Code of Ethics of the Tennessee Journal of Practice and Procedure governs the conduct of all Journal members, candidates for membership, and Journal authors.
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