|
Announcements
-
April 13th, Environment Law Journal Law School Social - 9pm at Century Grill (on Pearl Street)
$5 cover, food and refreshments provided
-
April 22nd, Earth Day
-
April 22nd, Environmental Law Journal Members Banquet & Elections at Chef's Restaurant
6:00 - 10:00pm, buffet and cocktails included.
THE CONSTITUTION OF THE
BUFFALO ENVIRONMENTAL LAW JOURNAL
Adopted 4/1997
Preamble
The Buffalo Environmental Law Journal (“BELJ”) is a law review which is published twice a year by its members, students of the State University of New York at Buffalo, School of Law (“LAW SCHOOL”), through its publisher, William S. Hein & Co., Inc. The BELJ publishes articles by practitioners, professors and students which focus on the legal analysis of environmental issues. Views expressed in articles published by the BELJ are those of the individual authors and do not necessarily represent the views of the faculty of the LAW SCHOOL or members of the BELJ. The BELJ is a not‑for‑profit organization. Gifts and bequests for its benefit may be made to the BELJ.
Article 1
Membership
§ 1.1Generally. The members of the BELJ shall include the Editors, Senior Members and Associates. The term membership as used in this Constitution shall refer to the members as here defined.
§ 1.2Powers. The members shall have the following powers:
(a) to amend this Constitution pursuant to Article 6;
(b) to make recommendations to the Editorial Board; and
(c) to vote by referendum on a proposal by the Editorial Board to remove an Editor or to expel any members, provided that removal of an Editor or expulsion of a member shall be effected by 2/3 of the members; provided further that the removed Editor or member shall be given notice and an opportunity to be heard.
Article 2
Editorial Board
§ 2.1Generally. The Editorial Board shall be composed of the Editors.
§ 2.2Powers. The Editorial Board shall have the following powers:
(a) To adopt, repeal, or amend any by-law;
(b) To determine BELJ policy;
(c) To authorize the expenditure of BELJ funds;
(d) By a majority vote of Board members, to propose to remove any Board member for cause;
(e) By a majority vote of Board members, to propose to expel any member for cause.
§ 2.3 Meetings; Committees.
(a) General meetings of the Editorial Board shall be held regularly.
(b) Special meetings may be called by the Editor‑in‑Chief.
(c) For any meeting of the Editorial Board, a quorum shall be a majority of board members.
(d) The Managing Editor shall act as the secretary and shall compile and maintain the
minutes of all meetings of the Boards.
(e) Meetings of the Editorial Board shall be open to all members and associates,
unless closed by a vote of a majority of Board members.
Article 3
Editors
§ 3.1 Generally; Election; Powers; Vacancies.
(a) The Editors of the BELJ shall include the following:
(1) Editor-in-Chief
(2) Executive Editor
(3) Managing Editor
(4) Business Editor
(5) Book Review Editor
(6) Articles Editors
(7) Publications Editors
(8) Head Casenote Editor
(9) Systems Editor
(b) There may be more than one person serving in any position on the Editorial Board other than the Editor-in-Chief; the position of Editor-in-Chief shall be filled solely by one individual.
(c) The number of Publications and Articles Editors for each coming year shall be determined by a majority vote of all Editorial Board members who are present at the
meeting at which such vote is taken. No quorum is required for this vote, provided the Editor‑in‑Chief or someone under his or her direction has posted notice of the vote in theBELJ office at least two days (forty‑eight hours) before the beginning of the meeting at which the vote is taken and has made other reasonable efforts, if necessary, to assure that such notice is sufficient to apprise members and associates of the upcoming vote. The meeting at which this vote is taken shall occur in the spring of each year but no later than the beginning of the nominations period or three days (seventy‑two hours) after the end of the promotion meeting, whichever comes first.
(d) Nominations for the editorial positions on the new editorial board shall open within three days (seventy‑two hours) after the close of the promotion meeting and shall last at least three days (seventy‑two hours).
(e) Elections of the Editors for the coming year shall be held pursuant to Article 4.
(f) All Editors must be enrolled and in attendance at the University of Buffalo during both semesters of the year in which they have been elected to serve as an Editor. Editorial Board members may avail themselves of the opportunity to receive credit for BELJ work and/or article writing through Professor Meidinger’s Environmental Law and Policy Colloquium [hereinafter “Colloquium”]. The Colloquium may be taken more than once and exceptions from the mandatory enrollment rule are possible.
(g) Editors who learn that they will be absent for a semester must resign from the Editorial Board, but may maintain the position of member. The resulting vacancy on the Editorial Board shall be resolved in accordance with the provisions of this Constitution and its By-Laws.
§ 3.2 Editor-in-Chief. The executive power shall be vested in the Editor-in-Chief of the BELJ. In addition to powers granted under other provisions of this Constitution, the Editor-in-Chief shall have all the power that may be delegated by this Constitution in accordance with the laws of the United States and the State of New York, and the rules and regulations of theLAWSCHOOL, subject to restriction only by this Constitution. The Editor-in Chief shall have the following duties and powers:
(a) To implement all policies and directives of the BELJ as defined by this Constitution and the resolutions of the Editorial Board;
(b) To serve as representative of the BELJ to the faculty, students, and staff of the LAW SCHOOL, the State University of New York and the general public;
(c) To preside at meetings of the Editorial Board and at all meetings of the members;
(d) To arbitrate disputes among BELJ members;
(e) To supervise associates during office hours;
(f) To review all articles submitted for publication by the Articles Editors and the Book Review Editor;
(g) To serve as a Casenote Editor, and together with the Casenote Committee, to grade all casenote competition papers of BELJ applicants, to review applicants’ grades, interest statements and final casenote scores and to notify successful competitors;
(h) With the advice and consent of the Editorial Board make the final determination as to how many competitors will be offered associate positions;
(i) To suspend any member not performing his/her duties as mandated by this Constitution pending a prompt removal vote by the Editorial Board;
(j) To make immediate preliminary decisions on matters that in his/her opinion constitute an emergency;
(k) To supervise the publication process;
(l) To distribute articles to be edited for publication to the Publications Editors;
(m) To personally edit articles for publication; and
(n) To keep the faculty advisors of the BELJappraised of the work and progress of the BELJ pursuant to Article 5.
§ 3.3 Executive Editor. The Executive Editor shall have the following duties and powers:
(a) To aid the Editor‑in‑Chief in implementing all policies and directives of the BELJ as defined by this Constitution and resolution of the Editorial Board;
(b) To edit professional and student articles;
(c) With the Editor-in-Chief, to administer and supervise the articles selection process;
(d) To review with the Editor‑in‑Chief all articles submitted for publication by the Articles Editors and the Note & Comment Editors;
(e) To maintain a current log of articles submitted to the BELJ;
(f) With the Editor‑in‑Chief and Managing Editor, to supervise associates during office hours;
(g) Together with the Editor‑in‑Chief, to supervise the publication process; and
(h) To serve as a Casenote Editor, and together with the Casenote Committee, to grade all casenote competition papers of BELJ applicants, to review applicants’ grades, interest statements and final casenote scores and to notify successful competitors.
§ 3.4 Managing Editor. The Managing Editor shall have the following duties and powers:
(a) With the Editor-in Chief and Executive Editor, to supervise associates during office hours;
(b) To procure and maintain an adequate stock of office supplies;
(c) To type and distribute to all members the minutes of each meeting;
(d) To solicit, collect, coordinate and keep a record of the class and work schedules of each BELJ member;
(e) To collect, open, examine and distribute to the appropriate members all BELJ mail;
(f) To maintain a current hard copy and computerized phone list of all BELJ members and contacts and to post this list in the BELJ office; and
(g) To coordinate and set up all BELJ meetings.
§ 3.5 Business Editor. The Business Editor shall have the following duties and powers:
(a) To oversee the fiscal affairs of the BELJ;
(b) To prepare an annual budget and track the expenses of the BELJ;
(c) To maintain current and accurate accounts receivable and payable, and to make the same available to the Managing Editor for periodic review;
(d) To regularly review and sign off on the BELJ accounts payable and receivable;
(e) To consult with and advise the Editor-in-Chief concerning any major proposed expense(s) and/or budget discrepancy; and
(f) To ensure that appropriate University personnel are kept informed about the BELJ expenditures.
§ 3.6 Book Review Editor. The Book Review Editor shall have the following duties and powers:
(a) To solicit, in a timely fashion, legal publications of environmental significance to be reviewed and such reviews published in the next edition of the BELJ;
(b) To solicit individuals to author book reviews of the materials obtained pursuant to § 3.8(a);
(c) To confer with the faculty advisors relative to such book reviews and book review authors;
(d) To track the progress of such book reviews and set deadlines for the completion of such book reviews;
(e) To ensure compliance with book review deadlines; and
(f) To personally edit such book reviews for publication in the BELJ.
§ 3.7 Articles Editors. The Articles Editors shall have the following duties and powers:
(a) To solicit manuscripts for publication, and to maintain correspondence with authors of manuscripts selected for publication or under consideration for same;
(b) To develop and maintain a database of environmental law professors and environmental practitioners from which to solicit article submissions;
(c) Where appropriate, to attend environmental law conferences and symposia, and to solicit articles from such conferences and symposia;
(d) To read all submitted manuscripts and to decide, at least seven days before the last day of classes in each semester, which articles are approved for publication. Any discrepancy among the Articles Editors over which article should be approved shall be settled by majority vote of the Editorial Board which in turn may be overridden by the approval or disapproval of the Editor-in-Chief and either of the two other Articles Editors; and
(e) To determine and develop, whenever appropriate, a specific focus for any particular issue;
(f) To serve as Casenote Editors, and together with the Casenote Committee, to grade all casenote competition papers of BELJ applicants, to review applicants’ grades, interest statements and final casenote scores and to notify successful competitors.
§ 3.8 Publications Editors. Publications Editors shall be assigned by the Editor-in-Chief to the editing of articles for publication in each semester’s issue of the BELJ. The number of Publications Editors per article shall be determined by the Editor-in-Chief at his or her discretion. Publications Editors shall have the following duties and powers:
(a) To assign and supervise citechecking assignments;
(b) To thoroughly review and when necessary edit returned citechecking assignments in order to insure the accuracy of citation form and substance;
(c) To compile and maintain records of the quality and quantity of each returned citechecking assignment in order to facilitate Junior Associate review; and
(d) Within seventy-two hours prior to the submission of each issue to the publisher, to complete and deliver to the Editor-in-Chief a written review of each associate under his/her supervision.
§ 3.9 Head Casenote Editor. The Head Casenote Editor shall have the following duties and powers:
(a) With the Editor-in-Chief, to oversee the casenote competition;
(b) To grade all casenote competition papers of BELJ applicants;
(c) Together with the Editor-in-Chief, to compile the grades of all casenote competition papers and obtain applicants’ grades from the office of Admissions & Records;
(d) To act as the liaison between the BELJand the other journals participating in the casenote competition with regard to the planning of each year’s casenote competition;
(e) To assist in the acceptance of casenote competition papers and interest statements; and
(f) To be responsible for the safekeeping of the casenote competition papers and interest statements and shall keep a log recording their receipt.
§ 3.10 Systems Editor. The systems editor shall supervise the computer operations and other technical operations of the BELJ and shall have the following powers and duties:
(a) To assure that there are sufficient individuals to perform all computer work necessary for publication of the BELJ and its ongoing operations;
(b) To train those individuals referred to above;
(c) To acquire and maintain all BELJ office hardware and software;
(d) To help set up E-mail accounts for all members toward the goal of eliminating the paper memo system;
(e) To develop and maintain the Internet home page of the BELJ;
(f) To be responsible for the editing of each semester’s edition of the BELJ in camera-ready format, as per the publisher’s specifications, and ensure that each issue is submitted to the publisher in conformity with the publisher’s deadline;
(g) To prepare or oversee the preparation of computer disks for submission to the publisher.
§ 3.11 Casenote Committee. The Casenote Committee shall be comprised of the Editor-in-Chief, the Executive Editor, the Head Casenote Editor, and the Publications Editors. The Casenote Committe shall have the following duties and powers:
(a) To grade all casenote competition papers of BELJapplicants and to review their grades and interest statements; and
(b) To determine which applicants will be offered associate positions.
§ 3.12 Associates. Associates shall have the following duties and powers to:
(a) Complete two office hours per week;
(b) Perform assigned office tasks;
(c) Perform citechecking of sources for form and substance as assigned;
(d) Submit their own work to be considered for publication in the BELJ;
(e) Suggest a specific focus for a particular issue; and
(f) Request to informally read and review any articles which are being considered or have been accepted for publication.
§ 3.13 Journal Clerks. First year students who have elected to contribute to the BELJshall have the following duties and powers to:
(a) Complete two office hours per week;
(b) Perform assigned office tasks;
(c) Gather the sources necessary to citecheck articles in publication; and
(d) Assist in the citechecking for substance and/or form insofar as is commensurate with their ability.
Article 4
Elections
§ 4.1 Generally. Elections shall be held during the first week of April, after Associate promotions have been made. The specific date and site shall be selected by the current Editorial Board.
§ 4.2 Process. The election process shall be the following:
(a) Any Associate who has performed their duties and received positive evaluations may nominate himself or herself for any Editorial Board position or positions during the week prior to elections. However, no Associate may nominate himself or herself for any Editorial Board position unless he or she, in good faith, fully expects and intends to be enrolled and in attendance at the State University of New York at Buffalo School of Law during both semesters of the academic year during which such newly promoted Senior Member intends to serve as an Editorial Board member. Eligible members shall nominate themselves by submitting a letter of intent to the Managing Editor during the week prior to elections. Nominations shall close seventy-two hours prior to the elections.
(b) All Associates and Editors may vote;
(c) There shall be no absentee voting;
(d) The Editor-in-Chief and the Managing Editor shall tabulate the ballots.
(e) If a recount of the tabulation by the Editor-in-Chief and Managing Editor is called for by any Senior Member, the tabulation of the Editor-in-Chief and the Managing Editor shall be verified by the Business Editor. Any protests filed thereafter shall be addressed by the full current Editorial Board at the Elections Meeting. Decisions of the Board shall be final.
(f) Positions on the Editorial Board shall be filled in the following order:
(1) Editor-in-Chief;
(2) Executive Editor;
(3) Managing Editor;
(4) Business Editor;
(5) Book Review Editors;
(6) Articles Editors;
(7) Publications Editors;
(8) Casenote Editor;
(9) Systems Editor.
(g) Editors shall be elected by a simple majority of the votes cast. Should there be no candidate that receives a majority of the votes, the ballots shall be recast, with the candidate(s) receiving the least number of votes being dropped from the ballot. This process shall be repeated until a simple majority of votes is achieved for each position. For the positions of Publications Editors and Articles Editors, this process shall be followed until the requisite number of candidates receive a simple majority of the ballots cast.
(h) Balloting shall be anonymous, and numerical results shall not be disclosed.
(i) Prior to the commencement of the balloting for each Editorial Board position, the Editor-in-Chief shall allow each candidate to address the members in attendance at the Elections meeting and give a brief statement regarding their qualifications for the position.
Article 5
Faculty Advisors
There shall be faculty advisors to the BELJ appointed by the Dean at the invitation of the Editorial Board. The faculty advisors may attend all meetings of the Editorial Board, and shall be notified of such meetings at least seventy-two hours in advance. The Editor-in-Chief shall be responsible for keeping faculty advisors appraised of the work and progress of the BELJ.
Article 6
Amendments
§ 6.1 Generally. The power to amend this Constitution shall be vested in the members. Any article or section of this Constitution shall be amended by an affirmative vote of 51% of the members and associates, provided that the provisions in § 6.2 are complied with.
§ 6.2 Procedures. Any member may propose an amendment by presenting a petition bearing the signature of ten (10) members. Such petition shall be presented to the Editor‑in‑Chief and such amendment shall be voted on by members after:
(a) The amendment has been presented to the members in writing, and
(b) A reasonable period of time has been allowed for consideration of the amendment provided, however, that neither minor changes in the language or punctuation of any proposed amendment nor minor substantive changes to the proposed amendment resulting from the ordinary course of consideration of, and accommodation with regard to, such proposed amendment shall prevent passage of such proposed amendment.
Article 7
By-Laws
§ 7.1 Generally. The Editorial Board may establish by-laws. By-laws include, but are not limited to, editorial procedures, policies, and further delineation or restriction of powers and duties of Editors and members as are necessary and proper, and are not inconsistent with the provisions of this constitution.
By-Laws of
the Buffalo Environmental Law Journal
As of 1/1998
By-Law # 1. (Adopted April 1997.)
A vote taken at a meeting of the Editorial Board shall be conclusive, and the topic about which the vote was taken shall not be discussed or voted upon further, unless a request for a re-vote containing the signatures of a majority of the members or a majority of the voting members who were present at the time of the original vote is submitted to the Editor‑in‑Chief. Once submitted the re-vote will be taken at the next meeting, provided notice of the re-vote is posted in the area designated for meeting notices twenty‑four hours before the meeting.
By-Law # 2. (Adopted April 1997.)
The Editorial Board will determine when vacancies in the Board shall be filled. Positions are filled by election of any member candidate in accordance with the applicable procedures contained in Article Four of this Constitution.
By-Law # 3. (Adopted April 1997.)
Any meeting requiring a quorum pursuant to the BELJ Constitution, shall be conducted according to the most recent edition of Robert's Rules of Order, the BELJ Constitution, these by-laws, and rules promulgated pursuant thereto. The Managing Editor shall serve as Parliamentarian at any such meeting.
By-Law # 4 . (Adopted April 1997)
The Business Editor shall prepare reports concerning the status of the BELJ operating account, to be presented to the Editorial Board at the regular meetings called pursuant to § 2.3(a) of this Constitution. In addition, and at the request of the Editorial Board, the Business Editor shall provide a list of all reimbursements made to BELJ members during the current fiscal year.
By-Law # 5. (Adopted April 1997)
The Publications Team (Editor-in-Chief, Executive Editor, and Publications Editors) shall meet as necessary. The Editor-in-Chief shall chair the Publications Meetings. The purpose of these meetings shall be to discuss the publications process and its progress. The matters to be discussed shall include such concerns as publishing schedules, deadlines for submitting proofs, article assignments among the Publications Team, editorial and citechecking problems, and any other matters related to the publication of the BELJ.
By-Law # 6. (Adopted April 1997)
The Articles Editors shall meet as necesssary. All Articles Editors shall attend these meetings, which shall be chaired by the Executive Editor. The Editor-in-Chief may, at his or her discretion, attend and participate in these meetings. The purpose of these meetings shall be to discuss the articles selection process, its progress and the solicitation of professional articles, to establish schedules and deadlines for review and selection of professional articles, to exchange information and opinions about professional articles currently under review, and to discuss any other matters related to the timely selection of professional articles for publication in the Buffalo Environmental Law Journal .
By-Law # 7. (Adopted April 1997)
Annual Casenote Competition. Each year, during the Spring Semester, the Note and Comment Committee shall be responsible for supervising the casenote competition in the following manner:
¶ 1. Case Selection: The Buffalo Law Review shall be responsible for the case selection.
¶ 2. Competition: Each competitor shall be randomly assigned (by the LAW REVIEW) the citation for one of the selected opinions, and shall write an analysis of that opinion (a "casenote") which conforms with ¶ 4 below. Each competitor shall have ten days (240 hours) from the time he or she receives his or her citation to complete and return nine (9) copies of his or her completed casenote. Each competitor shall independently research and write his or her own casenote, using any materials he or she determines to be appropriate. No competitor may collaborate with or accept assistance from any other person in researching or writing his or her casenote. Competitors who are found to have violated this rule shall not be considered for membership by the Committee.
¶ 3. Form of Casenotes:
(a) Casenotes must be typed, doubled-spaced, and may not exceed eight pages in length. The eight page limit does not include footnotes (but it does include the footnote numbers in the text).
(b) Each page may contain no more than twenty-five lines per page, sixty characters per line (including spaces and punctuation), 1500 characters per page.
(c) Only PICA (10 characters per inch) or ELITE (12 characters per inch) typefaces may be used. PROPORTIONAL PRINT typeface is not permitted.
(d) Footnotes are limited to two pages (in addition to the eight pages of text). Each footnote must begin at the left margin. The rules in (a), (b) and (c) above shall not apply to the footnote pages.
(e) Each competitor shall submit nine copies of his or her casenote. Each copy is to be stapled inside a manila file folder, with the text stapled to the right hand side of the open folder and the footnotes stapled to the left hand side, opposite the text.
(f) The competitor's social security number, along with the case citation, should be written on the front outside cover of the folder and the folder tab. No other identification of the author should be given.
¶ 4. Distribution of Cites: Casenote cites shall be distributed to competitors at the following times:
(a) Spring Break - within three days of the first day of the break.
(b) Following Final Examinations - within three days of the last scheduled Law School Final examination.
(c) Transfer Students - from the first day of Fall semester classes through the eleventh day of classes (so that they may be completed within three weeks of the beginning of the semester).
¶ 5. Scores: Each competitor's casenote shall be scored by the Note and Comment Editors as follows:
Points Description
10 1. Substance/Analysis:
a. Depth and logic of thought and analysis;
b. Precision of assertions and arguments.
10 2. Form and writing style:
a. Order and organization;
b. Diction, syntax and grammar;
c. Cogency;
d. Overall effectiveness of expression.
3. Use of authority:
6 a. Research;
4 b. Bluebook form (conforming to the most recent edition of the Bluebook).
¶ 6. Non-Release of Scores: At no time shall scores or grades used in selecting candidates for the REVIEW be made available to any competitor, or anyone other than those involved in the adjudication and computation of the casenote competition.
¶ 7. The Interest Statement: Participants seeking membership on the BELJ may submit an interest statement in addition to their casenote. The interest statement should indicate the extent of the participant's dedication to the legal analysis of environmental issues. The interest statement must be typewritten, double spaced and no more than three pages in length. The Interest Statement must not contain any reference to the identity of the author. Participants must identify the statement by writing their Social Security number on the first page of the statement. No other restrictions apply. Casenote competitors must submit nine copies of the interest statement. Copies of the interest statement may be submitted in person or by mail to the Law Review Office along with the copies of the Casenote.
¶ 8. Rules and Regulations
(a) How the Competition is Scored: New Associate members of the BELJ shall be selected through:
(1) An equal weighing of first-year grades, Casenote score and strength of Interest Statement.
-OR-
(2) “Writing On” – In situations where the student's Casenote demonstrates satisfactory skills and/or his/her Interest Statement reveals a particular dedication to the legal analysis of environmental issues, the student may be selected regardless of grades.
(b) Notice to New Associates. New Associates will not be informed as to which method was used in their selection, the Environmental Law Journal does not release any competition scores, and results of the competition will not be known until all Casenotes are scored and all first-year grades have been received. Experience has shown that participants will be notified in mid-August.
By-Law #8, (Adopted Fall 1997)
Promotion of Journal Clerks.
(1) BELJ is committed to allowing interested first years to participate on the journal.
(2) A notice shall be posted in the Fall semester of each academic year informing first year students of the opportunity to participate on the journal.
(3) First year students will hold the position of Journal Clerks and their duties shall be those described in § 3.13 of the Constitution.
(4) A Journal Clerk who satisfactorily performs his/her duties throughout the academic year may be promoted to an Associate Member. The decision whether a Journal Clerk should be promoted rests with the Editor-in-Chief and the Executive Editor. The decision of the Editor-in-Chief and the Executive Editor shall be based on the Publication Editor’s evaluations and on their own observations of the Journal Clerk’s performance.
(5) Promotions shall be made prior to elections.
(6) Once promoted to Associate, the student may then nominate themselves for any editorial board position pursuant to § 4.2 of the Constitution.
(7) Journal Clerks promoted to Associates may vote in the election.
(8) This section should not be read to conflict with By-Law #7 regarding the casenote competition. Students who were not Journal Clerks their first year, or who were Journal Clerks, but were not promoted, may still write a casenote for admission to BELJ.
. |
