Constitution

Article I: Name

The name of the organization is the “William Mitchell Journal of Law and Practice”.

Article II: Purpose and Mission

1. The purpose of the organization is to publish an on-line publication entitled the
“William Mitchell Journal of Law and Practice.”

2. The William Mitchell Journal of Law and Practice shall contain articles, notes,
commentaries, and other scholarly writings pertaining to the practice of law. Once an article, note, commentary, or other scholarly writing is ready for publication, it shall be published on-line at the Journal’s website. For archival purposes, the sum total of all scholarly material published in a given calendar year shall together constitute the annual volume of the Journal.

3. The holding of incidental social affairs shall be within the purposes of the organization.

4. The mission of the William Mitchell Journal of Law and Practice is to disseminate insightful articles and other scholarly writings on the forefront of legal practice. The Journal is committed to expressing how the impact of current legislation and recent court decisions affects the practice of law, and to presenting the practitioner’s views about how current legislation and recent court decisions may affect their practice of law.

Article III: Membership

1. There shall be two classes of members of the William Mitchell Journal of Law and Practice. These classes shall be designated as “editors” and “staff.”

2. Any second, third, fourth, or fifth year student of William Mitchell College of Law, who is of proper academic standing, is eligible for selection as staff. Criteria for selection of staff shall be specified in the By-laws.

3. Editors shall be elected from among eligible staff by the Board of Editors at a meeting called for that purpose. Details and procedures for such election and the definition of the term “eligible staff” shall be specified in the By-laws. Nothing in this constitution shall prohibit the election of all eligible staff as editors.

4. The Board of Editors shall be the governing body of the William Mitchell Journal of Law and Practice and shall be responsible for interpreting this constitution and the by laws. Each editor shall be a member of the Board of Editors.

5. All Editors and Staff shall abide by the Law School’s Student Conduct Code.

6. Anti-Discrimination Statement

(a) It is the policy of the William Mitchell Journal of Law and Practice to support equality of opportunity. No person shall be denied membership in the William Mitchell Journal of Law and Practice or participation in any of its activities, including publication, on the basis of any legally prohibited discrimination involving, but not limited to, such factors as race, color, creed, religion, national or ethnic origin, sex, sexual orientation, age, or handicap. To improve the overall quality of its publication, the William Mitchell Journal of Law and Practice hopes to expand its membership to include persons from traditionally underrepresented groups as well as persons with diverse viewpoints. Sexual harassment is an act of discrimination and, as such, will not be tolerated.

Article IV: Officers

1. The William Mitchell Journal of Law and Practice shall have the following officers: two Editors in Chief, two editors, and one Internet Website Manager. The Editors in Chief and the Editors shall comprise the Board of Editors.

2. The Editors in Chief shall have overall responsibility for publishing the William Mitchell Journal of Law and Practice and shall be the chief executive officers of the William Mitchell Journal of Law and Practice.

3. The Editors shall be the administrative officers of the William Mitchell Journal of Law and Practice and shall assist the Editors in Chief in their editorial duties. In the event of the temporary absence or incapacity of the Editors in Chief, the Editors shall assume responsibility for the publication of the William Mitchell Journal of Law and Practice, but only during the duration of the Editors-in-Chief’s absence or inequality.

4. The Editors shall apportion the following responsibilities amongst themselves at a meeting called for that purpose:

a) Soliciting, obtaining, editing, and preparing for publishing works by non-student authors for inclusion in the William Mitchell Journal of Law and Practice.

b) Managing the article selection process up until the selection of an article for publication, and serving as a primary liaison with the other officers.

c) Supervising, reviewing, and editing the works of student authors, recommending those suitable for publication to the Editors in Chief.

d) Preparing selected works for publication.

e) Allocating note writing and compiling responsibilities.

f) Reviewing works by both member and nonmember student authors.

g) Assigning production work, setting production deadlines.

h) Assisting the Editors in Chief in the management of the William Mitchell Journal of Law and Practice and its business affairs.

i) Ensuring that Staff is supplied with topics for notes.

j) Serving as compiler for, and help select, book reviews.

k) Assist the Internet Website Manager and the Editors in Chief in developing and maintaining the website upon which the journal will be published.

5. The Editors in Chief, consistent with this Constitution and the Journal’s By-laws, shall be responsible for coordinating the selection of new staff and editors.

6. The Editors in Chief shall perform all management and business-related duties. These duties shall include the keeping of all Journal accounts and distribution lists of published Journal issues. The Internet Website Manager shall attend meetings of the Board as requested by the Editors in Chief or by a majority of the Board.

7. Each officer has the affirmative duty and responsibility to train and instruct the successor to that office in the proper performance of the duties of his or her office.

8. All officers shall be elected by the Board of Editors by secret ballot at an annual meeting called for that purpose and shall serve a term of one year, such term to commence following such elections, subject to section 7 of this article. Details and procedures for such election shall be specified in the By-laws.

9. In the event an office becomes vacant, the Editors in Chief, or the editors, in the event the office of Editors in Chief is vacant, shall call a special meeting for the purpose of filling such vacancy. If such vacancy is filled by one already holding office, the prior office shall immediately become vacant and shall be filled by election at the same meeting. An office shall become vacant upon the officer’s death, physical or mental incapacity, dismissal or resignation from William Mitchell College of Law, or resignation from the office or from the Board of Editors.

10. Any editor or staff may be removed from his or her office or from the Journal for failure to perform, in good faith, the duties of his or her office, or of an editor or staff. Removal shall take place at a special meeting of the Board of Editors, called for that purpose, pursuant to Article V of this constitution. Except as otherwise provided in this section, only members shall be permitted to attend and only editors permitted to vote at such a meeting. The member whose removal is being considered shall be afforded notice and the opportunity to be heard, including the right to be represented at such meeting by a representative of his own choosing; such representative need not be a member. The member whose removal is being considered shall be removed only if two thirds of the Board of Editors vote to remove. In the event an officer is removed from office, the Board of Editors shall immediately elect a successor. These procedures also apply to the adoption by the Board of Editors of any action that involves formal notice to the law School administration.

11. No officer or editor shall exercise editorial authority over his or her own written work. If an Editor in Chief’s written work is being published, one of the editors shall assume temporary editorial authority over such work. Such an editor will be chosen by a majority of those Board of Editors eligible to vote. The Editor in Chief, whose written work will be reviewed, will not be eligible to vote.

Article V: Meetings

1. The Board of Editors shall hold, at a minimum, two annual meetings, one of which shall be held on or after the first of February and prior to the tenth of April. At the first of these meetings the Board of Editors shall elect new editors. Such new editors shall become members of the Board of Editors at the conclusion of the election. Any staff member who is not recommended for election to the Board of Editors, or who is not elected to the Board of Editors, may appeal these decisions in writing to the Editors in Chief. If any staff member has not met the requirements for election by the first day of his or her third semester of Journal membership, his or her membership shall automatically terminate. Upon the staff’s request, the Board of Editors shall vote to delay termination for another semester to permit the staff to attempt to meet his or her requirements for election. A majority vote shall be required for a delay. Such a vote must be taken if the staff so requests. During this interim period the staff will have the same status as the second year staff and will be required to perform an equivalent amount of publication assignments and on call duties. Only editors shall be eligible to attend and vote at this meeting. Subsequent thereto the second annual meeting shall be held at which time the officers shall be elected. All members of the William Mitchell Journal of Law and Practice shall be eligible to attend the second annual meeting but only editors may vote.

2. Special meetings of all members shall be called from time to time, as time and scheduling permit, for the discussion of Journal business. There shall be no quorum requirements for such meetings.

3. Special meetings of the Board of Editors may be called from time to time in the discretion of the Editors in Chief. The Editors in Chief shall call such special meetings by posting a notice by way of email, telephone or other communication method of meeting. Such notice shall include the subjects for discussion or consideration. Except as otherwise provided in this constitution, all members of the William Mitchell Journal of Law and Practice shall be eligible to attend special meetings of the Board of Editors, however, only editors may vote at such meetings. The Editor in Chief shall call a special meeting of the Board of Editors when requested to do so in writing by any member of the Board. Such written request shall include the subjects for discussion or consideration at the meeting. Any person attending a special meeting of the Board of Editors may introduce for discussion any matter appropriate for consideration by the Board of Editors without regard to whether such matter was included in the matters for discussion and consideration in the notice of meeting. No vote may be taken on any such matter except with the consent of a majority of the total number of Board members.

4. Special meeting of all members of the William Mitchell Journal of Law and Practice shall be called to consider amendments to this constitution. The Editors in Chief shall call such meeting by posting a notice of meeting on the Journal’s on-line bulletin board and through email communication to staff, and distributing either an electronic or paper copy of the proposed amendment to each member at least one week prior to the date of the meeting. The Editors in Chief shall call such special meeting upon the approval by the Board of Editors of a proposed amendment pursuant to Article VI, section 1, of this constitution. All members shall be eligible to attend and vote at a special meeting of all members.

5. For any meeting except a special meeting of all members, a quorum shall consist of two thirds of those who are eligible to vote at that meeting. For a special meeting of all members for the purpose of considering an amendment to this constitution a quorum shall consist of three fourths of all staff members attending classes at William Mitchell College of Law. In the absence of a quorum those eligible to vote and present may vote to set a new date for the meeting and direct the Editors in Chief to call such new meeting.

6. Except as otherwise specified in this constitution or in the By-laws, all questions shall be decided by majority vote of those present and eligible to vote.

7. No vote made by way of proxy will be counted or permitted at any meeting.

8. Nothing in this constitution or in the by laws shall prohibit the holding of meetings among staff or staff and editors for the purpose of discussing any matters pertaining to the William Mitchell Journal of Law and Practice. Such meetings may be held informally without call or quorum requirements. Recommendations made at such meetings may be presented to the Board of Editors for action; however, no action taken at any such meeting shall have any binding effect.

Article VI: Amendments and By Laws

1. This constitution may be amended only in accordance with the following procedure: A proposed amendment shall be introduced at a meeting or special meeting of the Board of Editors, or at any time by the Editors-in-Chief. If approved at a special meeting called for
that purpose by majority vote of the editors present, a special meeting of all members shall be called for the purpose of considering such amendment. At such meeting the amendment shall be approved if approved by two thirds of the total membership.

2. By-laws and amendments to the By-laws shall be adopted by the Board of Editors at a duly called meeting and shall become effective when approved by a majority of those eligible to vote.

Article VII: Masthead Designation

The names of persons elected to positions on the Journal of Law and Practice shall appear with their respective title on the masthead, unless they have been duly removed from such position or it has been adjudged, as a condition of probation, that they not appear on the masthead.

Article VIII: Grievance Procedure

1. Members of the Journal of Law and Practice having a grievance against the Journal may submit the grievance in writing to the Editors in Chief. The Editors in Chief shall attempt to resolve the grievance. If the grievant is not satisfied with the decision of the Editors in Chief, the grievant may present the grievance in writing to the Board of Editors for its consideration and resolution.

Article IX: Ratification

1. This constitution shall become effective when approved by two thirds of the total membership of the William Mitchell Journal of Law and Practice at a meeting called for that purpose and at which three fourths of the total membership shall constitute a quorum.

2. Upon effectiveness of this constitution, all members shall retain their status as editors or staff. Officers shall continue to serve until expiration of their terms. Any current procedures not inconsistent with this constitution may remain in effect pending the adoption of by laws.