CONSTITUTION AND BY-LAWS

OF THE

NEW ENGLAND JOURNAL ON CRIMINAL AND CIVIL CONFINEMENT

NEW ENGLAND SCHOOL OF LAW
RATIFIED BY THE EXECUTIVE COMMITTEE AND MEMBERSHIP OF THE New England Journal on Criminal and Civil Confinement AT THE NEW ENGLAND SCHOOL OF LAW IN BOSTON, MASSACHUSETTS ON THE 23rd DAY OF AUGUST 2006

CONSTITUTION of the New England Journal on Criminal and Civil Confinement

ARTICLE I NAME
The name of this organization shall be the New England Journal on Criminal and Civil Confinement.

ARTICLE II FOUNDING PRINCIPLES

The New England Journal on Criminal and Civil Confinement (the Journal) shall be prepared and published exclusively by the Editorial Board and Staff Associates. The purpose of the Journal shall be to publish a quality legal journal which reflects favorably upon the membership of the Journal as well as the New England School of Law community. This purpose shall be accomplished by providing the legal community with well researched and reasoned analysis of important legal issues in the area of criminal and civil confinement.

ARTICLE III MEMBERSHIP

Section 1. Composition - The New England Journal on Criminal and Civil Confinement shall be composed of all duly accepted members thereof who are presently enrolled at the New England School of Law in Boston, Massachusetts. Section 2. Responsibilities - It shall be the responsibility of all members to uphold the Constitution and By-Laws of the New England Journal on Criminal and Civil Confinement. Each member shall also execute certain express responsibilities according to his or her position, as set forth in Chapters III and IV of the By-Laws. Section 3. Eligibility - Eligibility for membership on the New England Journal on Criminal and Civil Confinement shall be as set forth in Chapter I of the By-Laws. Section 4. Selection of New England Journal on Criminal and Civil Confinement Members - Selection of members of the New England Journal on Criminal and Civil Confinement shall be in accordance with the procedures set forth in Chapters I and II of the

By-Laws. Selection of members shall be made without regard to race, sex, religion, political affiliation, national origin, sexual orientation, or personal relationship with past or current New England Journal on Criminal and Civil Confinement members. Section 5. Termination of Membership by Expulsion - In accordance with the procedures set forth in Chapter V of the By-Laws, termination of membership on the New England Journal on Criminal and Civil Confinement by means of expulsion may occur as a result of one or more of the following infractions: (1) violation of the Constitution or ByLaws of the New England Journal on Criminal and Civil Confinement; (2) accrual of sanctions under the default system, as set forth in Chapter V of the By-Laws; (3) failure to meet the minimum academic performance requirements for participation in a student organization, as established by the New England School of Law; (4) conviction of any violation of the New England School of Laws Handbook; or (5) participation in any unworthy conduct tending to bring disrepute to the New England Journal on Criminal and Civil Confinement. Any member subject to membership termination by expulsion shall have the right to a full and fair hearing to challenge his or her proposed expulsion, as set forth in Chapter V of the By-Laws. Section 6. Termination of Membership by Resignation - Any member may resign from this organization by submitting his or her resignation in writing to the Editor-in-Chief, or, in the case of the Editor-in-Chief, by submitting his or her resignation in writing to the Managing Editor. The members resignation shall become effective ten (10) days after the date that such written notification is tendered. The Editor-in-Chief or, in the case of the Editor-in-Chief, the Managing Editor, shall acknowledge the members resignation in writing, and shall inform the former member of the relevant consequences of termination of membership by resignation. Section 7. Consequences of Termination of Membership - The consequences of termination of membership on the New England Journal on Criminal and Civil Confinement shall include: (1) loss of academic credit for the semester in which the termination occurs; (2) termination of the right to use the New England Journal on Criminal and Civil Confinements offices, supplies, and facilities; (3) forfeiture of all of the benefits and privileges of New England Journal on Criminal and Civil Confinement membership, including but not limited to the special privileges provided to New England Journal on Criminal and Civil Confinement members by the community of the New England School of Law; (4) removal of the individuals name from the membership roster appearing in issues of the New England Journal on Criminal and Civil Confinement, on its website, and in any other place; and (5) inability of the individual to list membership on the New England Journal on Criminal and Civil Confinement on his or her resume, job applications, or any other biographical listing, such as Martindale-Hubbell. In the case of termination of membership by expulsion for any reason other than the failure to meet minimum academic performance requirements, the Dean of Students shall notify the Board(s) of Bar Examiners in the state(s) in which the individual intends to practice of the individuals expulsion and the reasons therefore.

Section 8. Leave of Absence - Any member may request a leave of absence from the New England Journal on Criminal and Civil Confinement by submitting such request and the reasons therefore to the Editor-in-Chief in writing. The Editor-in-Chief must bring any such request before the Executive Committee, which may grant the requested leave of absence by a two-thirds (2/3) majority vote, if and only if: (1) the member requesting the leave has sufficiently demonstrated reasons of extreme hardship and (2) the duration of the leave granted does not exceed one academic semester. Whether a member who is granted a leave of absence will receive academic credit for the semester during which the leave occurs shall be determined based upon the actual duration of the leave, at the full and complete discretion of the Editor-in-Chief and the Faculty Advisor.

ARTICLE IV ORGANIZATION
The New England Journal on Criminal and Civil Confinement consists of: Section 1. Editors - All second-year New England Journal on Criminal and Civil Confinement members are editors. Section 2. Associate Members - All first year New England Journal on Criminal and Civil Confinement members are associates.

ARTICLE V EXECUTIVE COMMITTEE

Section 1. Composition - The Executive Committee shall consist of the Editor-inChief, the Managing Editor, and the Managing Business Editor. The Editor-in-Chief shall serve as the Chairperson of the Executive Committee. Section 2. Voting - Each Executive Committee member in good standing shall be entitled to cast one (1) vote upon every question arising before said Committee. All Executive resolutions and decisions by the Executive Committee shall be determined by a simple majority of all the votes cast by all Executive Committee members present or voting by proxy. Section 3. Vacancies - Any vacancies on the Executive Committee shall be filled pursuant to Chapter V, Section 10 of the By-laws. Section 4. Removal - Any member of the Executive Committee shall be subject to removal from office in accordance with Section 5 of Article III.

ARTICLE VI FACULTY ADVISOR

Section 1. Selection and Appointment - The Administration of the New England School of Law shall select one (1) member of the full-time faculty of the New England School of Law to serve in the position of Faculty Advisor to the New England Journal on Criminal and Civil Confinement, and shall be empowered to appoint its selected faculty member to serve in said position. At the discretion of the Administration of the New England School of Law or at the discretion of the Faculty Advisor, additional members of the faculty of the New England School of Law may be selected or called upon to assist the Faculty Advisor formally or informally on a temporary or permanent basis. In the event that a formal and permanent Faculty Advisory Committee is established, all references to the Faculty Advisor herein and in the By-Laws shall be construed as referring to said Faculty Advisory Committee. Section 2. Duties - The duties of the Faculty Advisor shall be to advise the Executive Committee on matters relating to the publication of the New England Journal on Criminal and Civil Confinement. Section 3. Review and Approval of Academic Credits - The Faculty Advisor shall review all recommendations by the Editor-in-Chief for the awarding of academic credit to New England Journal on Criminal and Civil Confinement members for their service on the New England Journal on Criminal and Civil Confinement, and shall approve and sign the necessary forms pursuant to the awarding of such academic credit by the New England School of Law.

ARTICLE VII ACADEMIC CREDIT FOR NEW ENGLAND JOURNAL ON CRIMINAL AND CIVIL CONFINEMENT SERVICE
Section 1. Award of Academic Credit - At the conclusion of each semester, all members of the New England Journal on Criminal and Civil Confinement who have performed all duties assigned to them by the Executive Committee and editors and pursuant to Chapters III and IV of the By-Laws shall, at the discretion of the Editor-in-Chief, be recommended to the Faculty Advisor for the award of the appropriate amount of academic credit, as further specified by the Administration of the New England School of Law in its Student Handbook. In the case of any New England Journal on Criminal and Civil Confinement members who are not recommended by the Editor-in-Chief for the award of academic credit, sufficient documentation shall be provided to justify the denial of academic credit. Regarding the work performed by New England Journal on Criminal and Civil Confinement members for academic credit, each editor member shall be assigned an equal work load and will receive equal academic credit for performing such assigned duties, and

each associate member shall be assigned an equal work load and will receive equal academic credit for performing such assigned duties. Section 2. Administrative Review - Every member of the New England Journal on Criminal and Civil Confinement shall have the right to appeal the recommendations made to the Faculty Advisor by the Editor-in-Chief regarding the award or denial of academic credit. Any such appeal shall be made to the Faculty Advisor, pursuant to Section 3 of Article VII.

ARTICLE VIII FINANCES

Section 1. Handling of New England Journal on Criminal and Civil Confinement Finances - All New England Journal on Criminal and Civil Confinement finances shall be handled in accordance with the policies and procedures established by the New England School of Law. All funds appropriated for the use of the New England Journal on Criminal and Civil Confinement by the New England School of Law must be considered to be received by the Executive Committee in trust, for the general benefit of the New England Journal on Criminal and Civil Confinement and the New England School of Law, and therefore must be expended in a manner consistent with the purpose for their appropriation. The New England Journal on Criminal and Civil Confinement shall not, in its own name or in the name of the New England School of Law, possess any savings account, checking account, certificate of deposit, or other such account at any bank, savings and loan association, credit union, or other similar institution, but shall instead utilize the accounts maintained for the New England Journal on Criminal and Civil Confinements benefit by the New England School of Law. (a) Except where expressly prohibited under the policies established by the New England School of Law, the Executive Committee shall have all powers necessary, appropriate, or convenient for accomplishing its purposes, including but not limited to: (i) the power to receive, acquire, and dispose of funds and other property generated from New England Journal on Criminal and Civil Confinement subscriptions and events sponsored by the New England Journal on Criminal and Civil Confinement; the power to accept grants that aid the purposes of the New England Journal on Criminal and Civil Confinement; (ii) the power to enter into agreements and contracts on behalf of New England Journal on Criminal and Civil Confinement, but not on behalf of the New England School of Law; and (iii) the power to pay reasonable compensation for services rendered on behalf of the New England Journal on Criminal and Civil Confinement and to make reimbursement for reasonable expenses incurred on its behalf.

(b) Even if not expressly prohibited under the policies established by the New England School of Law, the New England Journal on Criminal and Civil Confinement shall not: (i) possess or exercise any power or authority, either expressly, by interpretation, or by operation of law, that will or might prevent it at any time from qualifying or continuing to qualify as a nonprofit organization described in the relevant revenue statutes of the United States, contributions to which organization are deductible for federal or state income tax purposes, nor shall it engage directly or indirectly in any activity which might result in the loss of such qualifications; (ii) use any part of the assets or net earnings of the New England Journal on Criminal and Civil Confinement for purposes that are not exclusively educational, charitable, scientific, or literary within the meaning of the applicable revenue statutes of the United States; (iii) operate for the purpose of carrying on a trade or business for profit; or (iv) pay any compensation or loan, nor engage in any solicitation or contribution, nor accept any gift, bequest, or devise, nor distribute any part of its current or accumulated assets or net earnings, in any manner that would, under the revenue statutes of the United States, jeopardize its status as an organization that is entitled to federal and state tax exemption and as an organization that is entitled to receive taxdeductible contributions. Section 2. Financial Records - All records relating to New England Journal on Criminal and Civil Confinement finances shall be maintained by the Managing Business Editor, and shall be made available for inspection by the Faculty Advisor or by any Executive Committee member upon request. Section 3. Membership Responsibilities - No funds shall in any case inure to the personal benefit of any individual New England Journal on Criminal and Civil Confinement member. Except otherwise provided for the Executive Committee by the New England School of Law for tuition and summer duties, no New England Journal on Criminal and Civil Confinement member shall receive compensation for any services rendered to the New England Journal on Criminal and Civil Confinement, and no New England Journal on Criminal and Civil Confinement member shall receive reimbursement for personal expenses.

ARTICLE IX DISSOLUTION
Upon the dissolution of the New England Journal on Criminal and Civil Confinement, the Executive Committee shall, after paying or making provisions for the payment of all liabilities of the New England Journal on Criminal and Civil Confinement, dispose of all of the assets of the New England Journal on Criminal and Civil Confinement in such manner and to such organization or organizations established and operated exclusively

for educational, charitable, scientific, or literary purposes as shall at the time qualify as a tax exempt organization or organizations under the revenue statutes of the United States, as the Executive Committee shall at that time determine. Any assets not so disposed of shall be disposed of by the New England School of Law, exclusively for such purposes or to such organization or organizations as the New England School of Law shall at that time determine.

ARTICLE X AMENDMENTS
Section 1. By Whom Proposed - Amendments to this Constitution may be proposed by any member of the New England Journal on Criminal and Civil Confinement in good standing. Section 2. Procedures for Proposing Amendment - Every proposed amendment, in all cases accompanied by a statement specifying the purpose intended to be accomplished by the proposed amendment, shall be submitted in writing to the Editor-in-Chief. The Editor-inChief shall present the proposed amendment and the statement specifying its intended purpose, accompanied by his or her own comments if he or she so desires, to every Executive Committee member not later than eight (8) days prior to the date of the next member meeting. The Executive Committee shall present the proposed amendment and the statement specifying its intended purpose, accompanied by the Committees own comments if it so desires, to every New England Journal on Criminal and Civil Confinement member not later than four (4) days prior to the date of the next member meeting. Any corrections in the format and grammar of the proposed amendment may be made at the discretion of the Executive Committee at any time during this presentation process. Section 3. Adoption of Amendment - Amendments to this Constitution shall be adopted only by means of an affirmative vote of three-fourths (3/4) of all of the members of the New England Journal on Criminal and Civil Confinement in good standing. Voting upon Constitutional amendments shall be effectuated by means of a roll call vote conducted at a meeting of the membership of the New England Journal on Criminal and Civil Confinement, by means of voting by proxy ballots distributed to every member of the New England Journal on Criminal and Civil Confinement, or by a combination of both a roll call vote and voting by proxy ballots. When a proposed amendment is so adopted, such amendment shall become effective immediately, unless otherwise provided by the amendment itself.

ARTICLE XI RATIFICATION
Section 1. Ratification of Constitution - This Constitution may be ratified only by means of an affirmative vote of two-thirds (2/3) of all of the members of the New England 8

Journal on Criminal and Civil Confinement in good standing. Voting for purposes of ratification shall be effectuated by means of a roll call vote conducted at a meeting of the membership of the New England Journal on Criminal and Civil Confinement, by means of voting by proxy ballots distributed to every member of the New England Journal on Criminal and Civil Confinement, or by a combination of both a roll call vote and voting by proxy ballots. Section 2. Effective Date - This Constitution shall become effective as the sole and controlling Constitution of the New England Journal on Criminal and Civil Confinement immediately upon the ratification thereof pursuant to Section 1 of this Article. This Constitution for the New England Journal on Criminal and Civil Confinement was duly ratified pursuant to Article XI, Section 1, by the members of the New England Journal on Criminal and Civil Confinement on the 23rd day of February, 2005. BY: THE EXECUTIVE COMMITTEE /s/ Julie A. Hanlon Julie Hanlon, Editor-in-Chief /s/ Shayna Borakove Shayna Borakove, Managing Literary Editor /s/ Andrew J. Nissen Andrew J. Nissen, Managing Business Editor

BY-LAWS of the New England Journal on Criminal and Civil Confinement

CHAPTER I
MEMBERSHIP ELIGIBILITY
Section 1. Eligibility To be eligible for consideration as an associate member of the New England Journal on Criminal and Civil Confinement, the individuals grade point average (GPA) must be in the top 50% of his or her Division, the individual must have participated in the annual Summer Writing Competition (Summer Writing Competition) described in Chapter II of these By-laws, and the individual must be enrolled and attending classes at New England School of Law in Boston, Massachusetts and not attending a consortium school or study-abroad program during their entire associate year. An associate may attend a study-abroad program for the second (2nd) semester of their associate year, subject to the ability to complete all associate duties listed in Chapter III, Section 13 (excluding (g)). Section 2. Full-Year Commitment. (a) Associate Members Except as otherwise provided in these By-Laws and the Constitution, all associate members must complete two-full semesters of membership with the New England Journal on Criminal and Civil Confinement to be eligible for full membership and New England Journal on Criminal and Civil Confinement credits. (b) Editors Except as otherwise provided in these By-Laws and the Constitution, all editors must complete two-full semesters of membership with the New England Journal on Criminal and Civil Confinement to be eligible for full membership and New England Journal on Criminal and Civil Confinement credits. Section 3. First-Year, Day Division Law Students - The Editor-in-Chief shall extend an offer of membership on the New England Journal on Criminal and Civil Confinement to any individual who is a first-year, day division student of the New England School of Law, if that individual: (a) has acquired at least thirty-one (31) academic credits at the New England School of Law; and (b) has attained a score in the Summer Writing Competition sufficient to be offered a position on the New England Journal on Criminal and Civil Confinement. Scores will be determined using the following formulae: (i) Grade Point Average (GPA): sixty-five percent (65%); and (ii) Summer Writing Competition submission: (1) Writing component: twenty-five percent (25%); and (2) Technical component: ten percent (10%).

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Section 4. Second-Year, Evening Division Law Students - The Editor-in-Chief shall extend an offer of membership on the New England Journal on Criminal and Civil Confinement to any individual who is a second-year, evening division student at the New England School of Law, if that individual: (a) has acquired at least forty-two (42) academic credits at the New England School of Law; and (b) has attained a score in the Summer Writing Competition sufficient to be offered a position on the New England Journal on Criminal and Civil Confinement. Scores will be determined using the following formulae: (i) Grade Point Average (GPA): sixty-five percent (65%); and (ii) Summer Writing Competition submission: (1) Writing component: twenty-five percent (25%); and (2) Technical component: ten percent (10%). Section 5. First-Year, Evening Division Law Students Transferring Into the Second-Year, Day Division - The Editor-in-Chief shall extend an offer of membership on the New England Journal on Criminal and Civil Confinement to any individual who is a first-year, evening division student at the New England School of Law, if that individual: (a) has acquired at least thirty-one (31) academic credits at the New England School of Law by the end of the first session of Summer Semester; and (b) has attained a score in the Summer Writing Competition sufficient to be offered a position on the New England Journal on Criminal and Civil Confinement. Scores will be determined using the following formulae: (i) Grade Point Average (GPA): sixty-five percent (65%); and (ii) Summer Writing Competition submission: (1) Writing component: twenty-five percent (25%); and (2) Technical component: ten percent (10%). Section 6. Students Transferring From Another Law School - The Editor-in-Chief shall extend an offer of membership on the New England Journal on Criminal and Civil Confinement to any individual who accepts admission to the New England School of Law, if that individual: (a) Was one of the top three (3) ranked students at his or her law school at the time of transfer; (b) Has completed two (2) full day division semesters or four evening division semesters at the law school from which he or she transferred; and (c) Has attained a score in the Summer Writing Competition of 3.0 or greater. Section 7. Special Part-Time Law Students - The Editor-in-Chief shall extend an offer of membership on the New England Journal on Criminal and Civil Confinement to any individual who is classified as a Special Part-Time Law Student at the New England School of Law, if that individual: (a) has acquired at least thirty (30) but not more than forty-five (45) academic credits at the New England School of Law; and

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(b) has attained a score in the Summer Writing Competition sufficient to be offered a position on the New England Journal on Criminal and Civil Confinement. Scores will be determined using the following formulae: (i) Grade Point Average (GPA): sixty-five percent (65%); and a. For purposes of computing the GPA of a special part-time student, the score shall include all grades earned towards the thirty (30) credits and those grades earned in the same semester as the thirtieth (30th) credit. (ii) Summer Writing Competition submission: (1) Writing component: twenty-five percent (25%); and (2) Technical component: ten percent (10%). Section 8. Students Not Defined in Previous Sections of This Chapter Subject to the limitation provided by Section 10 of this Chapter, any individual enrolled as a student at the New England School of Law who has acquired at least thirty-two (32) credits, has at least one full year of study remaining at the New England School of Law, and who is in the top 50% of his or her Division based on GPA shall be permitted to compete in the annual Summer Writing Competition and shall be considered for membership on the New England Journal on Criminal and Civil Confinement. The Editor-in-Chief may extend an offer of membership on the New England Journal on Criminal and Civil Confinement to a maximum of three (3) individuals in this classification at the New England School of Law subject to the requirements listed herein, if that individual: (a) has attained a score in the Summer Writing Competition sufficient to be offered a position on the New England Journal on Criminal and Civil Confinement. Scores will be determined using the following formulae: (i) Grade Point Average (GPA): sixty-five percent (65%); and a. For purposes of computing the GPA of a special part-time student, the score shall include all grades earned towards the thirty (30) credits and those grades earned in the same semester as the thirtieth (30th) credit. (ii) Summer Writing Competition submission: (1) Writing component: twenty-five percent (25%); and (2) Technical component: ten percent (10%). Section 9. Vesting of Editorial Membership - An Associate Member will be promoted to editorial membership by the Executive Committee under which the Associate Member served upon the completion of his or her writing requirement and the completion of all other duties of an Associate Member. (a) To be eligible for promotion, an Associate Member must be favorably evaluated pursuant to the following procedures: (i) An Associate Members writing requirement will be deemed of publishable quality when accepted as such by a majority vote of that members Student Articles Board or Symposium Board; and (ii) If an Associate Member, despite his or her diligence and good faith efforts, has been unable to fulfill the writing requirement, the Executive Committee may grant a waiver of the writing requirement.

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Section 10. Limitation on Membership Eligibility - To be considered as a member of the New England Journal on Criminal and Civil Confinement, all individuals shall be enrolled as students at the New England School of Law. If any member of the New England Journal on Criminal and Civil Confinement transfers to any other law school or ceases to be enrolled as a student at the New England School of Law for any other reason whatsoever, the member shall immediately resign from membership on the New England Journal on Criminal and Civil Confinement.

CHAPTER II
SUMMER WRITING COMPETITION
Section 1. Format and Management of Competition - There shall be annual Summer Writing Competition open to all eligible students of the New England School of Law for membership in this organization under Chapter I. The Summer Writing Competition shall be held and judged under the direction of the Executive Committee. In addition, the following guidelines shall be adhered to regarding the Summer Writing Competition: (a) Timing - The Summer Writing Competition shall begin within seven (7) days after the issuance of grades for the spring semester final examination period at the New England School of Law. The competition will end two (2) weeks later, and any entries submitted after that time are foreclosed and ineligible. Successful entrants shall be notified at least three (3) weeks before the first day of fall semester classes at the New England School of Law. (b) Closed Packet Problem - The Summer Writing Competition shall be a closed packet problem. All necessary research materials and sources shall be provided to every individual entering the competition, by means of a packet containing all of the materials and sources distributed to all entrants of the competition. This packet will be made available at the Law Library of the New England School of Law and the websites for the New England School of Law and the New England Journal on Criminal and Civil Confinement. (c) Writing Sample Produced - The writing sample produced by each entrant in the Summer Writing Competition shall be the product of the sole efforts of that entrant alone. No entrant shall consult with any other entrant or seek any other type of assistance in the Summer Writing Competition, with respect to any aspect thereof. No member of the New England Journal on Criminal and Civil Confinement shall assist any entrant in the Summer Writing Competition, with respect to any substantive aspect thereof. (d) Grading - The evaluation and score of all entries in the Summer Writing Competition shall be: (i) performed anonymously by the members of the Executive Committee and any other member named by the Executive Committee; and (ii) weighed pursuant to Chapter I of these By-Laws.

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(e) Anonymity - The identities of all entrants who submit writing samples for evaluation in the Summer Writing Competition shall remain anonymous until all entries have been evaluated by the members of the Executive Committee. (f) Other Rules - The Summer Writing Competition shall also be governed by any rules promulgated by the Executive Committee. No such rules shall not be inconsistent with this Chapter, and shall be included with the closed packet of materials and sources distributed to all entrants of the competition. Section 2. Notice of Competition - The Executive Committee shall provide advance notice of the Summer Writing Competition to the student body of the New England School of Law. In connection therewith, the Executive Committee shall conduct at least one (1) Informational Meeting, held during the last three (3) weeks of spring semester classes at the New England School of Law, attendance at which is open to any individual who may at any time qualify for membership in this organization under Chapter I. Section 3. Notification of Transfer Students The Editor-in-Chief shall maintain on the New England Journal on Criminal and Civil Confinements website the proper procedures in which transfer students may gain membership onto the New England Journal on Criminal and Civil Confinement. No other notice will be sent to transfer students from the New England Journal on Criminal and Civil Confinement. Section 4. Selection of New England Journal on Criminal and Civil Confinement Members - Where indicated and allowed under Chapter I, the Executive Committee shall select individuals for membership on the New England Journal on Criminal and Civil Confinement from among the entrants in the Summer Writing Competition, subject to the following limitations: (a) Quantity Except as otherwise provided in this section, the Executive Committee shall invite thirty (30) students; (b) Summer Writing Competition Score The thirty (30) students invited shall have received the top scores in the Summer Writing Competition; (c) Excellence as Key Criterion In conjunction with the weighed GPA, the Executive Committee shall base its membership selections upon each entrants demonstrated excellence in writing ability, including but not limited to organization, analysis, and writing style; (d) Further Selection of Members Based Upon the Needs of the New England Law Review After the completion of all invitations pursuant to the Summer Writing Competition, the Executive Committee may fulfill the membership needs of the New England Journal on Criminal and Civil Confinement by selecting additional students who competed in the Summer Writing Competition and have not accepted an invitation to another journal of the New England School of Law. However, the Executive Committee shall not extend any additional invitations after one month has elapsed since the start of the Fall semester. Section 5. Procedure for Invitation to and Acceptance of Associate MembershipStudents who qualify for associate membership will be extended an invitation to join the New England Journal on Criminal and Civil Confinement.

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(a) This invitation shall include: (i) The form and time within which acceptance must be made; and (ii) A written description of the general duties and responsibilities of an Associate Member. (b) To become an Associate Member, the student must give to the Editor-in-Chief a written statement of his or her intention to join the New England Journal on Criminal and Civil Confinement within two (2) weeks after the invitation is extended. Failure to tender such acceptance automatically terminates the offer of membership unless good cause is shown to the Executive Committee. Any student who accepts an invitation to join is precluded from entry in any writing competition held after that acceptance.

CHAPTER III
RESPONSIBILITIES OF MEMBERS
Section 1. Duties of the Executive Committee- The Executive Committee of the New England Journal on Criminal and Civil Confinement is comprised of the Editor-in-Chief, the Managing Editor and the Managing Business Editor. As the management of the New England Journal on Criminal and Civil Confinement, the Executive Committee: (a) selects a printer for the New England Journal on Criminal and Civil Confinement; (b) submits the annual budget to the New England School of Laws Controller; (c) passes New England Journal on Criminal and Civil Confinement credit requests by eligible members to the Administration; (d) conducts the Summer Writing Competition; (e) conducts and supervises any and all business during the summer recess; (f) sets review dates at which time the performance of Associate Members is evaluated; (g) determines eligibility for promotion to the status of Editorial Member; (h) evaluates the satisfactory completion of all other duties of an Associate Member based primarily upon a review of written work records; (i) together with representatives chosen by the staff and editorial members, sits on the Grievance Board or by a unanimous Executive Committee, imposes certain sanctions on any member without resorting to a special meeting; (j) together with the Executive Comment & Note Editors, sits on the Student Articles Appeals Board; (k) examines all progress reports submitted by editors and maintains a file of all such reports; (l) upon receipt of preliminary approval of an Article by the Articles Board or by the Symposium Board, by majority vote accepts or rejects the article for publication; (m) appoints line-by-line editors upon acceptance for publication of a student article; and (n) promulgates written guidelines and standards for reviewing Associate Members articles and ensures that such guidelines are delivered to each Student Articles Board, to the Symposium Board, and to each Associate Member.

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Section 2. Duties of the Editor-in-Chief - As the chief editorial officer of the New England Journal on Criminal and Civil Confinement, the Editor-in-Chief: (a) reviews all Articles prior to submission to the Executive Committee; (b) serves as a member of all Articles Boards; (c) fulfills the duties as the chief administrative officer of the New England Journal in Criminal and Civil Confinement; (d) maintains the New England Journal on Criminal and Civil Confinement website; (e) ensures that all members are given adequate instruction and training; (f) delivers to all members a copy of the By-Laws; and (g) presides at all meetings of the New England Journal on Criminal and Civil Confinement, including: (i) chairing the Executive Committee; (ii) convening the Grievance Board; Section 3. Duties of the Managing Editor- As the editor primarily responsible for the production of each issue, the Managing Editor: (a) (b) (c) (d) solicits bids from printing firms and submits a report to the Executive Committee; works with the printing firm to produce each issue; submits to the Executive Committee a proposed printing schedule; supervises and coordinates the Student Article production process including: (i) managing the activities of the Technical Coordinating Editors, Senior Literary Editors, and Associates; (ii) incorporating edits to Student Articles provides reprints of articles to student authors; and facilitates Lead Article Editors in the editing of Lead/Professional Articles.

(e) (f)

Section 4. Duties of the Managing Business Editor- As the editor primarily responsible for managing the business affairs of the New England Journal on Criminal and Civil Confinement, and the Editor responsible for organizing the New England Journal on Criminal and Civil Confinements annual symposium and the Community Outreach Program, the Managing Business Editor: (a) prepares the annual budget for Executive Committee approval and maintains the financial records of the New England Journal on Criminal and Civil Confinement, including, with only the limitations in Article VIII of the Constitution: (i) maintaining the New England Journal on Criminal and Civil Confinement bank account; (ii) keeping a record of petty cash allocations; (iii) requisitioning money for and collecting money to defray the cost of any social event; and (iv) purchasing office supplies; (b) reports quarterly to the membership on the financial status of the New England Journal on Criminal and Civil Confinement;

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(c) solicits subscriptions to the New England Journal on Criminal and Civil Confinement and bills its subscribers (including recordings of exchanges and complimentary copies); (d) prepares the subscriber lists before distribution of each issue and coordinates the distribution of books; (e) obtains and maintains copyright protection of each issue; (f) chairs the Symposium Board; and (g) manages the Community Outreach Program. Section 5. Duties of the Lead Articles Editors- A Lead Articles Editor: (a) serves as a member of the Articles Board; (b) solicits Articles as directed by the Editor-in-Chief; (c) coordinates with the Executive Technical Editor the task of ensuring that the format of all Articles is technically accurate; (d) provides the Executive Technical Editor with Articles for citation checks; (e) keeps a record of all communications with Articles authors; (f) participates in appropriate special meetings of the Editor-in-Chief; (g) sends reprints of each Article and copies of the issue to each Article author; (h) delivers all submitted book reviews to the Executive Committee, which shall vote on publication of such review; (i) dedicates books to the New England Journal on Criminal and Civil Confinement and School libraries; (j) sends reprints of each book review to each author and to the publishing concern involved; (k) submits to the Editor-in-Chief progress reports on solicitation and performance of Articles Editors; and (l) fulfills any additional duties as assigned by the Executive Committee. Section 6. Duties of Symposium Editors. A Symposium Editor: (a) serves as a member of the Symposium Board; (b) works with the Managing Business Editor to plan the Journals annual Symposium; (c) maintains a record of all such correspondence; (d) works with the Managing Business Editor to aid in any duties needed for the general well being of the Journal Section 7. Duties of the Senior Literary Editors- A Senior Literary Editor: (a) shall complete administrative duties essential to the day-to-day operation of the Journal, as delegated by the Managing Editor; (b) shall ensure that technical coordinating assignments are assigned and completed in a satisfactory manner; (c) shall ensure the existence of a continuous flow of proofreading work for staff members; and (d) shall perform any other administrative duties, not herein listed, but which allow the Managing Editor to focus on supervising production.

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Section 8. Duties of the Executive Comment & Note Editors- An Executive Comment & Note Editor: (a) chairs a Student Articles Board; (b) reviews and approves the outlines of all Associate Members for whose articles that Board is responsible; (c) lends editorial expertise to the review process and ensures uniformity of review among his or her board; (d) serves as a primary or secondary editor on his or her Student Articles Board; (e) appoints Comment & Note Editors as primary editors and secondary editors; (f) maintains a file in the New England Journal on Criminal and Civil Confinement office of each Associate Members topic outline and drafts; copies of the Comment & Note Editors review comments; copies of any Notice of Missed Deadline, and copies of any progress reports; (g) issues a written Notice of Missed Deadline to any Associate Member on his or her Board who misses a draft deadline, with a copy of such notice to be forwarded to the Executive Committee; (h) submits progress reports to the Executive Committee evaluating the performance of both the Comment & Note Editors and the Associate Members on his or her Student Articles Board; (i) notifies the Editor-in-Chief if he or she discovers serious difficulties with the editorial review undertaken by the Student Articles Board; (j) serves as a member of the Student Articles Appeals Board for appeals not from members of the Executive Comment & Note Editors Student Articles Board; and (k) participates in appropriate special meetings of the Executive Committee; fulfills any additional duties as assigned by the Executive Committee. Section 9. Duties of the Comment and Note Editors- A Comment and Note Editor: (a) shall be responsible for assisting Staff Associates in the development of their articles so that they may satisfy the Publishable Quality Standard. (b) is a member of the Executive Comment and Note Committee and shall perform all duties associated therewith; (c) ensures that Staff Associates understand the requirements necessary to meet the standard of Publishable Quality; (d) meets with the Executive Comment and Note Editors on a regular basis to discuss the development and progress of Staff Associates articles; and (e) meets with Staff Associates on a regular basis to assist them in formulating substantive ideas and analysis in the development of their articles. Section 10. Duties of the Community Outreach Program (COP) Coordinators- A Community Outreach Program (COP) Coordinator is responsible for the: (a) coordination of at least one on-going program, in conjunction with a local confinement facility. This includes but is not limited to: (i) ensuring that all students have the proper security clearance; (ii) creating a list of potential topics; (iii) creating a lesson plan for the academic year;

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(b) (c)

scheduled meetings with inmates and administrative personnel continuously to gauge the effectiveness of the program; and answering of all prison correspondence to the Journal in a timely and appropriate manner, and retain a yearly file of all such communications.

Section 11. Duties of the Executive Technical Editors- Executive Technical Editors are responsible for establishing the technical requirements of all work published in the New England Journal on Criminal and Civil Confinement and for reviewing each article for technical accuracy prior to its being forwarded to the Managing Editor. An Executive Technical Editor: (a) is primarily responsible for the grammar and technical accuracy (Uniform System of Citation) of all student and Lead Articles, and must: (i) ensure that the chosen citation form is consistently applied within each issue of the New England Journal on Criminal and Civil Confinement. Executive Technical Editors work with the Managing Editor to resolve varying interpretations of the chosen citation form. Each Executive Technical Editor is responsible for bringing to light technical problems requiring a need for a consistent resolution; (ii) The interpretation of the Managing Editor is final; (b) works with the Managing Editor in establishing tech-check groups and in coordinating all phases of the tech-check process; (c) submits a written evaluation on the progress of the Associate Members assigned to them; and (d) fulfills any additional duties as assigned by the Executive Committee. Section 12. Additional Duties of All Editors - In addition to the duties provided above, each Editor must: (a) complete at least one (1) line-by-line editing pursuant to appointment by the Executive Committee. Following the line-by-line process, the article shall be promptly forwarded to the Managing Editor; and (b) complete all work sent by the Executive Committee over the summer recess. Section 13. Duties of an Associate Member - Each Associate Member must: (a) write a Comment or Note of publishable quality during his or her first-year as an Associate Staff member, and furnish copies of all source materials used in the preparation of his or her Comment or Note upon request. (i) Each Associate Member must select a legal topic on which to write, subject only to the approval of the Editorial Board; (ii) Failure of an Associate Member to select a legal topic by the deadline set by the Executive Committee will result in the assignment of a topic by the Executive Committee; and (iii) An Associate Member may undertake a case comment or note with another member of New England Journal on Criminal and Civil Confinement only upon approval of the Executive Committee. (b) meet all article outline and draft submission deadlines; (c) complete a specified number of regularly scheduled office hours each week, as set by the Executive Committee;

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(d) check his or her office mailbox, e-mail, or other source provided by the Executive Committee on a weekly basis; (e) edit Notes, Comments, Symposium Articles, and other articles for substance, citation form, grammar, and quotation form on a weekly basis, as more specifically assigned and directed by his or her Editor(s); (f) collect sources and conduct legal research, as more specifically assigned and directed by his or her Editors; (g) attend and participate in every scheduled event, including, but not limited to, the annual Orientation held before the first week of fall semester classes at the New England School of Law and the annual Symposium; (h) train for any position as an editor to which he or she is selected; and (i) perform any additional duties assigned by the Editor-in-Chief, the Managing Editor, or the Managing Business Editor. Section 14. Membership Meetings - Meetings of the membership of the New England Journal on Criminal and Civil Confinement shall be held at such time and place as shall be determined and deemed necessary by the Executive Committee to effectuate the aims and goals of the New England Journal on Criminal and Civil Confinement. (a) Conduct of Meetings - The Editor-in-Chief shall oversee each membership meeting and shall conduct the same in accordance with Roberts Rule of Order. In the absence of the Editor-in-Chief, the Managing Editor shall oversee and conduct the meeting. The Managing Business Editor shall serve as the sergeant-at-arms at each meeting, to ensure a pleasant environment for all in attendance. The Managing Editor shall record all relevant decisions made or discussed during the meeting, and shall additionally be responsible for preparing and distributing the minutes of the meeting. (b) Call for Meetings - The Executive Committee shall be responsible for calling membership meetings as frequently as it deems necessary and proper, and it shall select the time and place thereof. In the event that the Executive Committee does not call for a meeting within one (1) month after the adjournment of the last meeting, then any three (3) editors may call for such a meeting. In the event that neither the Executive Committee nor at least three editors call for a meeting within one (1) month after the adjournment of the last meeting, then any four (4) New England Journal on Criminal and Civil Confinement members may call for such a meeting. Any meetings called by editors or other New England Journal on Criminal and Civil Confinement members pursuant to this Section shall nevertheless comply fully with all of the conduct and notice requirements set forth in parts (a) and (c) of this Section . (c) Notice of Meetings - All New England Journal on Criminal and Civil Confinement members shall be given notice of the time and place of any membership meeting, with such notice to be provided by a reasonable means of communication and at least seven (7) days before the meeting is scheduled to occur. (d) Attendance at Meetings - Attendance by all New England Journal on Criminal and Civil Confinement members at all membership meetings is mandatory. Any member who can not attend a scheduled membership meeting must notify the Editor-in-Chief in advance. Any

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member who does not attend a membership meeting and who did not notify the Editor-in-Chief in advance shall be subject to disciplinary procedures in accordance with Chapter V.

CHAPTER IV
BOARDS
Section 1. Grievance Board - The purpose of the Grievance Board is to hear appeals involving actions taken against a New England Journal on Criminal and Civil Confinement member(s). (a) The Grievance Board shall be convened for either of two reasons: (i) to review and consider an appeal to a sanction; or (ii) to review and consider the propriety of summary actions, including dismissal. (b) To convene a Grievance Board, the interested party should petition the Editor-inChief pursuant to Chapter V, Section 3; (c) The Grievance Board shall consist of the following seven (7) members: (i) the three (3) members of the Executive Committee; (ii) two (2) members selected by lottery from the editors; and (iii) two (2) members selected by lottery from the Associate Members. (d) If any representative is unable to attend a Grievance Board meeting, an alternate shall be selected by lottery from the same pool as the non-attending representative. If an Executive Committee member cannot attend the meeting, an alternate shall also be selected by lottery from the editors. Section 2. Articles Board - This Board shall be responsible for the solicitation and editing of articles. The Articles Board shall consist of the following: (i) Editor-in-Chief (ii) Articles Editors (b) any other New England Journal on Criminal and Civil Confinement members selected by the Executive Committee in conjunction with the Articles Editors. (c) The Board is charged with, but not limited to, the following duties: (i) to evaluate solicited and unsolicited articles, verify the qualifications of authors, and offer publication to authors as outlines in Chapter VII. (ii) to correspond with the lead articles authors as appropriate and keep a written log of any conversation, letters, or actions taken with regard to an article; (iii) to ascertain the substantive accuracy of articles under consideration; and (iv) to establish, maintain, and solicit articles for publication as an Alumni Chair. Section 3. Symposium Board - The Symposium Board is primarily responsible for the New England Journal on Criminal and Civil Confinements annual symposium. (a)

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The Symposium Board shall consist of the following: (i) Managing Business Editor, as chairperson; (ii) the Symposium Editors; and (iii) any other New England Journal on Criminal and Civil Confinement member selected by the Executive Committee in conjunction with the Symposium Editors. (b) The Symposium Board is responsible for selecting an appropriate and timely Symposium topic no later than two months following the last day of the spring semester exams, subject to the approval of the Executive Committee by majority vote. Section 4. Student Articles Board -There shall be at least three (3) Student Articles Boards consisting of one Executive Case & Note Editor, as chairperson, and at least two Comment & Note Editors. (a) Timing - The Board shall convene to determine publication or publishable quality upon the request of a Case & Note Editor, or following the final deadline established by the Executive Comment & Note Editors for submission of student articles. At least three revisions to an article must have occurred before the final deadline. (b) Purpose - Each Board shall review each article with regard to its style, grammar, technical accuracy, depth of analysis, substantive accuracy, and suitability for publication. Each member of the Board shall vote on whether the article should be accepted for publication, be given publishable quality status only, or be returned to the Associate Member for further revision in order that publishable quality status may be attained. The majority vote of publishable quality may be conditioned, by the Student Articles Board, on minor changes only. Written guidelines and standards for reviewing Associate Members articles shall be promulgated by the Executive Committee and be issued to all Editors and Associate Members. (c) Acceptance and Denial - If accepted for publication, the article shall be promptly forwarded to the Executive Committee for appointment of a line-by-line editor. If accepted for publishable quality status only, the article shall be promptly forwarded to the Faculty Advisor for final approval. If the article is denied publishable quality status, the article shall be promptly returned to the Primary Editor with suggested revisions and a deadline date by which said revisions are to be incorporated. (d) Appeals After the final deadline and following the convening of the Student Articles Board, appeal of a Boards decision may be made to the Student Appeals Board. (e) Review of Boards Decision. After an affirmative vote of acceptance for publication by a Student Articles Board, the Executive Committee, only upon petition by any member of the accepting Board, has authority to review the decision of the Board. Upon majority vote by the Executive Committee, the decision of the accepting Board may be affirmed or reversed. (i) If the Executive Committee votes to reverse the decision of the accepting Board, the article and the Executive Committees recommendations shall be returned to the author to begin revisions for submission to the accepting Student Articles Board. If, upon resubmission of the article, the Student Articles Board again accepts the article for publication and the original petitioning member remains opposed to the acceptance, then the student

(a)

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article will be reviewed by the Student Articles Appeals Board, and not by the Executive Committee. In such cases, the decision of the Student Articles Appeals Board shall be final and the article, at that time, will be only accepted or rejected for publication. (ii) If, however, the Executive Committee votes to reverse the decision of the accepting Board, and the acceptance was upon the authors third revision, then the authors review shall be confined to an appeal to the Student Articles Appeals Board.

(f) After a Case & Note Editors request, and following the convening of the Student Articles Board, appeal may not be made to the Student Articles Appeals Board. Rather, the Associate Members article shall be returned with suggested revisions made by the entire Board. Section 5. Student Articles Appeals Board - The Student Articles Appeals Board shall consist of the Executive Committee and those Executive Comment & Note Editors whose Associate Members are not submitting an appeal. (a) The Student Articles Appeals Board is empowered to review, and by a majority vote, override a Student Articles Boards finding that an article is not of publishable quality or acceptable for publication in the New England Journal on Criminal and Civil Confinement upon its third revision. (b) The Student Articles Appeals Board is also empowered, by majority vote, to render a final decision of acceptance or rejection for publication of a student article when: (i) A member of an accepting Student Board had petitioned the Executive Committee. (ii) The Executive Committee had reversed the Student Articles Boards decision for acceptance. (iii) The article was revised and resubmitted to the Student Articles Board. (iv) The Student Articles Board again accepted the article for publication. (v) The original petitioning member renews his or her petition of the acceptance a second time. (c) Appeals to the Student Articles Appeals Board may be made by a student, as a matter of right; however, only one such appeal is permitted and the decision of the Appeals Board is final. If the Appeals Board upholds a Student Articles Boards or Symposium Boards denial of publication/publishable quality status, then the students article shall promptly be returned to the Primary Editor with suggested revisions and a deadline date by which such revisions shall be incorporated.

CHAPTER V
DISCIPLINARY AND APPEAL PROCEEDINGS
Section 1. Purposes of the Default System - The success of the New England Journal on Criminal and Civil Confinement depends upon the ability of its members to satisfy its subscribers needs for a publication that is both timely and of excellent quality. Membership on

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the New England Journal on Criminal and Civil Confinement shall, therefore, be conditioned upon the timely completion of all assignments with the utmost care. Members shall also be required to attend all mandatory meetings and activities of the New England Journal on Criminal and Civil Confinement. Additionally, the success of the New England Journal on Criminal and Civil Confinement depends upon the ability of its members to work together and cooperate with one another in a respectful way. Membership on the New England Journal on Criminal and Civil Confinement shall, therefore, be conditioned upon each member conducting himself or herself in a professional manner when interacting with other New England Journal on Criminal and Civil Confinement members during the course of New England Journal on Criminal and Civil Confinement business. Section 2. Scope of Review - Any member of the New England Journal on Criminal and Civil Confinement who fails to fulfill his or her duties to the Journal may be subject to appropriate sanctions imposed by either the Editor-in-Chief or the Executive Committee. (a) Sanctions may be imposed by: (i) the Editor-in-Chief, either for good cause or exigency; or (ii) a vote of the Executive Committee if the Executive Committee finds good cause or exigency. (b) Sanctionable offenses include, but are not limited to: failure to attend a meeting without prior arrangement under Chapter III, Section 14(d); failure to attend office hours without prior arrangements with the Managing Editor; failure to submit tech checks by due date or revised tech checks when previously returned by an Executive Technical Editor; failure to meet deadlines for submission of any topic selection, outline, abstract or draft; failure to meet page and style requirements, and any other behavior which does not meet the requirements of Journal membership. (c) Any Associate Member or Editor who has not substantially complied with the duties of his position will be subject to sanctions that the Editor-in-Chief or Executive Committee deems appropriate. Any summary action imposed according to Section 2(e) will result in automatic forfeiture of discipline under Section 2(d). (d) Except as otherwise provided in this chapter, the following procedures must be completed before a member may be disciplined under Section 2(e) of this Chapter: (i) First Informal Warning: Warning letter to the individual, defining the offense and informing the member of the consequences of further behavior in violation of Chapter V, Section 2(b); (ii) Second Informal Warning: Warning letter to the individual, defining the offense and informing the member of the consequences of further behavior in violation of Chapter V, Section 2(b) (e) Except as otherwise provided in this chapter, the following procedures must be completed before a member may be disciplined under Section 2(f) of this Chapter: (i) First Formal Sanction: First sanction letter to member explaining the reason for the sanction, and informing the member of the consequences of two additional sanctions, including dismissal from the Journal;

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Second Formal Sanction: Second sanction letter to member explaining the reason for the sanction, and informing the member of the consequences of one additional sanction, including dismissal from the Journal; (iii) Third Formal Sanction: Third sanction letter to member explaining the reason for the sanction, and informing the member of their potential dismissal. Third formal sanction automatically triggers dismissal of the member, unless he or she elects to call for a grievance board hearing, under Chapter V, Section 5, to consider the dismissal. A third sanction letter shall be forwarded to the Faculty Advisor. (f) The following discipline may be imposed after the Third Formal Sanction or under the circumstances listed in Article III, Section 5 of the New England Journal on Criminal and Civil Confinement Constitution and may be imposed by a unanimous vote of the Executive Committee: (i) Loss of compensation pro rata attributable to a period during which the compensated editor failed to perform his or her duties. In addition, the successful correction of deficiencies in performance by the editor shall have no bearing on the forfeiture of his or her compensation or proportionate part thereof; (ii) Loss of elected or appointed position; (iii) Loss of editor status; (iv) Removal of members name from the masthead; (v) Temporary suspension from rights but not responsibilities of New England Journal on Criminal and Civil Confinement Membership; (vi) Denial of New England Journal on Criminal and Civil Confinement credits; (vii) Denial of listing New England Journal on Criminal and Civil Confinement on your resume; (viii) Official reprimand; (ix) Permanent revocation of New England Journal on Criminal and Civil Confinement membership. (g) Any sanction arising from a Second Formal Sanction, Third Formal Sanction, or any summary action brought by the Executive Committee may be appealed to the Grievance Board under Section 3 of this Chapter. Only a dismissal may be appealed to a special meeting under Chapter V, Sections 7-10. (h) If a member of the New England Journal on Criminal and Civil Confinement wishes to sanction another member, the matter must be directed to the attention of the Executive Committee by the aggrieved member. The Executive Committee will then meet with all parties concerned. If one member of the Executive Committee feels that the matter should be referred to the Grievance Board, or if the sanction is requested against any member of the Executive Committee, then the petition to sanction shall be first considered by the Grievance Board. Otherwise, the Executive Committee will determine what sanction, if any, the situation warrants. Section 3. Notice of Appeal - In order for a member to appeal a sanction or other summary action taken against them, such as dismissal, a petition must be submitted in writing to

(ii)

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the Editor-in-Chief. The petition must contain a description of the circumstances prompting the petition which will be sufficient to put the Grievance Board and any interested parties on notice as to the nature of the appeal. Section 4. Convening of the Grievance Board -The Editor-in-Chief shall convene the Grievance Board no sooner than five (5) days nor later than ten (10) days after receipt of the appeal. (a) Attendance at Grievance Board Meetings. Attendance at meetings of the Grievance Board is mandatory and seven members shall constitute a quorum. (i) Should a member of the Grievance Board be unable to attend the meeting called by the Editor-in-Chief, an alternate shall take that members place pursuant to Chapter IV, Section 1(d). (b) Disqualification of Members of Grievance Board. Members of the Grievance Board may be disqualified from hearing a particular matter. In such a case, vacancies shall be filled as provided in Chapter IV, Section 1. (i) Any Grievance Board member may voluntarily disqualify himself or herself from considering a particular matter. (ii) Should a member of the Grievance Board be the person bringing the appeal or be the individual whose summary action is the subject of the inquiry, that person shall be disqualified. (iii) Any party may move to have a Grievance Board member disqualified by submitting a written motion to the Editor-in-Chief. If more than one such motion is submitted, each shall be voted upon separately by the Grievance Board. (iv) The initial hearing on disqualification must be held no later than three (3) days and no earlier than five (5) days before the scheduled meeting of the Grievance Board. (v) A continuance may be granted upon motion and by majority vote of the Grievance Board. The continued disqualification hearing must take place prior to the scheduled hearing. (vi) Parties who may be present at the hearing are members of the Grievance Board and the subject(s) of the appeal. Section 5. Procedures for Grievance Board Meeting - The Editor-in-Chief shall call the Grievance Board to order. The Editor-in-Chief shall be the presiding officer of the Grievance Board. If the Editor-in-Chief is unable to preside over the meeting or is otherwise disqualified, Grievance Board members shall select a presiding officer by majority vote of all Grievance Board members. During the hearing, all present shall speak only upon recognition by the presiding officer or to answer questions posed by one so recognized. The aggrieved party shall be permitted to ask appropriate questions of any other party present. (a) Alternative punishments other than dismissal may be imposed upon motion by any Grievance Board member entitled to vote. When recognized by the presiding officer, any member may state reasons for or against alternative punishments. Any motion for alternative punishment shall be approved in lieu of any previous summary action upon a vote of 75% of those present and entitled to vote. Alternative sanctions can include extra office hours, extra tech check assignments, probation, line-by-line

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editing, extra duties with symposium preparation, etc. and will be considered by the Special Meeting, if the sanctioned student expresses interest in remaining a member of the Journal. Section 6. Grievance Board Determination An appeal arising from a sanction referred to the Grievance Board shall be affirmed or overturned upon a vote of 75% of those present and entitled to vote. No proxies will be allowed. Section 7. Final Appeal If the appeal to the Grievance Board involves the dismissal of a member(s) of the New England Journal on Criminal and Civil Confinement, and the Grievance Board upholds the dismissal, then the aggrieved party may appeal that decision to the full membership of the Journal. The meeting of the full membership shall be called a special meeting. This final appeal shall require a full hearing before the full membership of the Journal. Such appeal must be raised by the aggrieved party, with written notice provided to the Editor-inChief pursuant to Chapter V, Section 3. Section 8. Convening of Special Meeting - Upon written petition, a hearing before the full membership (a special meeting) shall be held no sooner than seven (7) days but no later than fourteen (14) days from the date of the Grievance Board vote. (a) Members Present at Special Meeting. The special meeting convening after the vote of the Grievance Board may be attended by any member of the New England Journal on Criminal and Civil Confinement, however, only editors will be allowed to vote. A quorum shall consist of 75% of those eligible to vote. (b) Presiding Officer. The Editor-in-Chief shall be the presiding officer at the special meeting unless otherwise disqualified. If disqualified, a presiding officer shall be selected by majority vote of all editors present. The Editor-in-Chief shall be entitled to a vote on all motions. Section 9. Procedures for Special Meeting - The special meeting will be a proceeding allowing the party against whom dismissal has been brought to present and question witnesses. There are no rules of evidence and the presiding officer shall determine sua sponte whether a question or line of questioning is permissible. Neither party may object to a question or line of questioning, but the witness may do so. Section 10. Special Meeting Determination - An appeal arising from dismissal shall be affirmed or overturned upon a vote of 75% of those present and entitled to vote. No proxies will be allowed. Section 11. Succession - If a member of the Executive Committee is removed, resigns or is dismissed from office, vacancies shall be filled in the following manner: (a) Editor-in-Chief - Should a vacancy occur in the office of Editor-in-Chief, by reason of absence, death, resignation, expulsion, disqualification, refusal to serve, removal from office, or for any other unforeseen circumstance, the Managing Editor shall succeed to the office of Editor-in-Chief;

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(b) Managing Editor - Should a vacancy occur in the office of Managing Editor, by reason of absence, death, resignation, succession, expulsion, disqualification, refusal to serve, removal from office, or for any other unforeseen circumstance, the Managing Business Editor shall succeed to the office of Managing Editor; (c) Managing Business Editor - Should a vacancy occur in the office of Managing Business Editor, by reason of absence, death, resignation, succession, expulsion, disqualification, refusal to serve, removal from office, or for any other unforeseen circumstance, a special election to fill the vacancy shall be held by the members of the New England Journal on Criminal and Civil Confinement within ten (10) days. (d) Simultaneous Vacancies - Should two or more vacancies occur simultaneously on the Executive Committee, the vacant offices shall be filled as described above to the extent possible, after which a special election to fill any remaining vacancies shall be held by the members of the New England Journal on Criminal and Civil Confinement within ten (10) days. (e) Editorial Staff - If any other member of the Editorial Staff is removed, resigns or is dismissed from office, the Executive Committee, in its discretion and by a two-thirds vote, will appoint a replacement within ten (10) days.

CHAPTER VI
SELECTION PROCEDURES FOR EXECUTIVE COMMITTEE
Section 1. Time of Election - During the Spring semester of each year, but no later than March 15, a new Executive Committee shall be elected by active New England Journal on Criminal and Civil Confinement Staff Members. Section 2. Qualifications for Office - Only staff members who have complied with all duties pursuant to Article IV, Section 3.01 may be eligible to run for office. Section 3. Position Statements - All candidates must submit a position statement no later than one week before the elections occur, for any position that they wish to run for. The statement must be placed in the mailbox of each member of the Journal on Criminal and Civil Confinement staff. Position statements may address: (a) qualifications and background; (b) purpose for running; (c) ideas and concepts which they propose for that position; (d) other relevant information which assists the general members to make an informed decision. Section 4. Pre-Election Activities - The incumbent Executive Committee will determine the eligibility of all staff members to run for election.: (a) All candidates shall (i) meet the requirements of Article IV, Section 3.01; and (ii) submit a position statement pursuant to Article V, Section 3.00.

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(b) The Executive Committee will post the names of those candidates who intend to run for any position at least three days before the election is to occur. Section 5. Election Procedures (a) The order of elections shall be: (i) Editor-in-Chief; (ii) Managing Editor; (iii) Managing Business Editor. (b) After the candidates for each position are determined: (i) the order of presentation for each candidate will be determined by lottery. (ii) the candidate for each position may deliver a speech at the election and address all present New England Journal on Criminal and Civil Confinement staff members. (iii) an open forum for questions and answers will follow. (iv) time limits for speeches and the open forum will be imposed at the discretion of the Editor-in-Chief, but in no event will candidates competing for the same position be given different time limits. (c) Any candidate not elected for a position shall be eligible to run for any remaining positions. (d) Each New England Journal on Criminal and Civil Confinement staff member shall vote for one candidate for each position after all candidates for that position have made their presentation. (e) When three or more candidates are running for a position: (i) one candidate must receive a majority of all votes cast; or (ii) if no single candidate receives a majority vote, then a run-off vote will immediately follow between the two candidates who previously received the highest number of votes. (f) The Election must be attended by all New England Journal on Criminal and Civil Confinement staff members. Unless prior written notice is provided which lists extenuating circumstances, a failure to attend will result in sanctions pursuant to Article X. (g) No staff member will be allowed to vote in an election for a position if they are not present for the entire presentation of each candidate for that position. Section 6. Contesting Election Procedures (a) Any New England Journal on Criminal and Civil Confinement staff member shall have the right to contest the election results within forty-eight hours on the grounds that the procedures prescribed by the By-laws have not been followed. The objection must: (i) be orally made prior to the close of the election meeting; or (ii) be in written form and presented to the Editor-in-Chief. (b) The result of the election will not be posted until forty-eight hours has passed and the Editor-in Chief indicates that there was no contest to the elections. (c) A contested election will be void and a new election shall be ordered after: (i) the Executive Committee examines all evidence of an alleged violation of the election procedure; and (ii) a majority of the Executive Committee concludes that the election procedures were violated.

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(d) The contested election shall not be declared invalid if the Faculty Advisor certifies that the violation of this By-Law did not change the outcome of the election. (e) The results of this inquiry shall be posted no later than one week after the election. (f) The Editor-in-Chief will allow one full week for any further objections to be made pursuant to parts 4 and 5 of this section. (g) If the election remains contested, the current Editor-in-Chief, objecting party and the Faculty Advisor will decide the controversy. Their decision is final. Section 7. Apprenticeship of the Executive Committee-Elect - After election results are finalized, the Executive Committee-elect shall serve as apprentices to the incumbent Executive Committee in order to learn the responsibilities and duties of the respective positions. (a) By May 1st following the election, the Executive Committee-elect shall appoint full staff members, with the advice of, and in consultation with, the incumbent Executive Committee, to serve in the following editorial offices: (i) Lead Article Editor(s) (ii) Senior Literary Editor(s) (iii) Executive Case & Note Editor(s) (iv) Case & Note Editors (v) Executive Technical Editors (vi) Symposium Editor(s) (vii) Confinement Outreach Program Coordinator(s) (b) Notice must be given to all full staff members. Such notice to include a description of the editorial office and the opportunity for interested full staff members to apply for said editorial office. (c) Additional Editorial Offices. The Executive Committee-elect is authorized to appoint editors to such other editorial offices as they deem reasonably necessary for the good of the New England Journal on Criminal and Civil Confinement once the incumbent committee graduates. Notice must be given to all full editors. Such notice to include a description of the editorial office and the opportunity for interested editors to apply for said additional editorial office. (d) Alteration of Editorial Offices. The Executive Committee is further authorized to: (i) remove any editor appointed to any office; (ii) increase or decrease the size of any editorial office; (iii) fill any and all vacancies which arise in the course of their administration; (iv) eliminate any editorial office, provided such action is founded on a good faith determination that it is in the best interest of the New England Journal on Criminal and Civil Confinement.

CHAPTER VII
SELECTION OF PIECES FOR PUBLICATION IN THE NEW ENGLAND JOURNAL ON CRIMINAL AND CIVIL CONFINEMENT

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Section 1. Definition of Outside Author - For purposes of these By-Laws, the term outside author shall include any judge, attorney, law professor, professional with a law degree and be a recognized authority in his or her respective field. The term includes law professors at the New England School of Law. The term specifically excludes New England Journal on Criminal and Civil Confinement members, whose Notes, Comments, Surveys, and other articles are selected for publication pursuant to Sections 4 and 5 of this Chapter. Section 2. Selection of Manuscripts Submitted by Outside Authors - All manuscripts submitted by outside authors for consideration for publication in the New England Journal on Criminal and Civil Confinement shall be afforded full and fair consideration, according to the following procedures: (a) Review and Evaluation of Manuscript - The Articles Board shall review and evaluate each manuscript within a reasonable amount of time after the receipt of the article and as directed by the Editor-in-Chief. The text of the article and its citations shall be reviewed for writing quality, organization, style, thoroughness, and adequacy of research. The topic shall be researched to ensure that it has not been preempted and to ensure that the manuscript will contribute to the legal community in accordance with the declaration of purpose set forth in Article II of the New England Journal on Criminal and Civil Confinements Constitution. The background of the manuscripts author shall be researched to evaluate whether he or she is sufficiently qualified to contribute to the legal community regarding the topic of the manuscript. An Articles Board member shall prepare a one-page summary of his or her findings in the areas specified above and in any other area necessary to make an informed evaluation of the academic value of the manuscript. This one-page evaluation shall conclude with a recommendation to either accept the manuscript for publication or decline to accept it. (b) Decision to Accept Manuscript - Each member of the Articles Board may review other Board members written evaluation of each manuscript. If directed by the Editorin-Chief, each member of the Articles Board shall then cast his or her vote to either accept or decline the manuscript for publication in the New England Journal on Criminal and Civil Confinement. (c) Offer of Publication in the New England Journal on Criminal and Civil Confinement - If the Editor-in-Chief, or a majority of the members of the Articles Board vote to accept the manuscript for publication in the New England Journal on Criminal and Civil Confinement, then the Editor-in-Chief shall contact the outside author and offer him or her publication in the New England Journal on Criminal and Civil Confinement. Any such offer shall remain open until accepted or rejected by the outside author, but the offer should not remain open for a period in excess of three (3) weeks from the date of the offer. Upon the expiration of this three (3) week period, the offer shall be deemed to have been rejected unless special circumstances, as determined by the Editor-in-Chief, warrant a reasonable extension. (d) Publication Agreement If an author accepts an invitation to publish his or her manuscript with the New England Journal on Criminal and Civil Confinement, the Executive Committee shall enter into a Publication Agreement with the author. The Publication Agreement must be substantially in the form approved by the Executive Committee and executed by any member of the Executive Committee on behalf of the New England Journal on Criminal and Civil Confinement.

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(e) Unforeseen Problems - In the event that unforeseen problems with a manuscript are discovered during the editing process, and after consultation with all Lead Articles Editors and the Managing Editor, the author of such manuscript shall be contacted and asked to perform additional work to remedy the problems. Under such circumstances, the New England Journal on Criminal and Civil Confinements relations with the outside author shall be governed by the publication agreement between the New England Journal on Criminal and Civil Confinement and the outside author. Section 3. Symposium Articles and Response Papers - All participants in any symposium or other similar event sponsored by the New England Journal on Criminal and Civil Confinement who also qualify as outside authors under Section 1 of this Chapter shall be afforded the opportunity to submit for publication in the New England Journal on Criminal and Civil Confinement a manuscript regarding the topic of the symposium. Similarly, any individual who qualifies as an outside author under Section 1 of this Chapter shall be entitled to submit a manuscript for publication in the New England Journal on Criminal and Civil Confinement that responds to any other article recently published in the New England Journal on Criminal and Civil Confinement. All such symposium articles and response papers shall be reviewed by the Managing Business Editor, who shall recommend that the same be published in the New England Journal on Criminal and Civil Confinement unless extraordinary circumstances exist to deny publication, in which case the Managing Business Editor shall inform the members of the Executive Committee of the circumstances that make the manuscript unworthy of publication. The Executive Committee and Articles Board shall then review and vote upon the acceptance or denial of the manuscript. A majority vote of all Articles Board members and the Executive Committee is required for the manuscript to be accepted for publication. Section 4. Selection of Notes, Comments, and Other Articles Written by the New England Journal on Criminal and Civil Confinement Members - All Notes, Comments, and other articles submitted by New England Journal on Criminal and Civil Confinement associate members for consideration for publication in the New England Journal on Criminal and Civil Confinement shall be afforded full and fair consideration, by the Executive Case and Note Editors and Case and Note Editors, and subject to review by the Student Articles Appeals Board pursuant to Chapter IV, Sections 4 and 5, respectively. Section 5. Conditional Nature of Acceptance - All Notes, Comments, and other articles written by New England Journal on Criminal and Civil Confinement members that are selected for publication in the New England Journal on Criminal and Civil Confinement shall be accepted on a conditional basis. In the event that unforeseen problems with a manuscript are discovered during the editing process, the author of such manuscript shall be required to perform additional work to remedy the problems. If the additional work done to remedy the problems is insufficient, the Note, Comment, or other article may be withdrawn from publication at the full and complete discretion of the Executive Committee.

CHAPTER VIII

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NEW ENGLAND JOURNAL ON CRIMINAL AND CIVIL CONFINEMENT CREDITS

Section 1. Eligibility - Any New England Journal on Criminal and Civil Confinement member is permitted to qualify for credits when properly certified by the Executive Committee. Section 2. Conditions for Certification - Certification by the Executive Committee is conditioned upon the successful completion of all writing requirements, work assignments, office hours and other assigned duties. (a) Limitations on Credits. Maximum number of credits, subject to provisions provided by the New England School of Law (as written in the New England School Handbook): (i) A member may be certified for a maximum of six (6) academic credits during their tenure at the New England School of Law. (ii) Such credits are to be listed on the members transcript as New England Journal on Criminal and Civil Confinement Credits, but these credits are not to be figured into the cumulative average of the member. (iii) Except as otherwise provided in the Constitution and these By-Laws, credits received in the fall semester are subject to the students completion of the spring semester as a member of the New England Journal on Criminal and Civil Confinement. (b) Limitations on Credits Caused by Timing. Receipt of the six (6) academic credits are limited by the following timing issues: (i) A maximum of two (2) credits may be taken in the second semester of a members first year as a member of the New England Journal on Criminal and Civil Confinement; provided, however, any credits certified under this section shall reduce the maximum number of credits for which the member may be certified under subsections (c) and (d) below. (ii) Except as provided in subsection (a) of this section, up to four (4) credits may be taken in the first semester of a members second year as a member of the New England Journal on Criminal and Civil Confinement; provided, however, such credits shall be reduced by the number of credits certified under subsection (a) of this section and any credits certified under this section shall reduce the maximum number of credits for which such member may be certified under subsection (c) of this section. (c) Any member who is in their first year of New England Journal on Criminal and Civil Confinement service shall not be certified for any credits in the first semester. (d) Except as provided in subsection (a) of this section, up to four (4) credits may be taken in the second semester of a members second year on the New England Journal on Criminal and Civil Confinement; provided, however, such credits shall be reduced by the number of credits certified under subsection (a) and (b) of this section. (e) Effect of Failure to Meet Conditions for Certification. Failure to meet the necessary conditions for certification may result in revocation of a members New England Journal on Criminal and Civil Confinement credits.

CHAPTER IX

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MEETINGS
Section 1. Procedure - All meetings convened under this chapter shall be conducted in accordance with Roberts Rules of Order. With the exception of a special meeting to sanction generally, meetings of the New England Journal on Criminal and Civil Confinement may be called by the Executive Committee or any three (3) editors. At least one (1) weeks written notice must be posted in the office. Section 2. Agenda - An agenda shall be compiled before every meeting of the New England Journal on Criminal and Civil Confinement. Submissions for the agenda must be in writing. Section 3. Orientation - The Executive Committee shall conduct an orientation for all Associate Members during the last week of the summer recess. Thereafter, the Executive Committee shall convene at least one (1) meeting per month. These meetings are mandatory for the Associate Members. The purpose of these meetings will be to facilitate the assimilation of New England Journal on Criminal and Civil Confinement skills by the Associate Members. The meetings are further designed to provide the Associate Members a forum to air grievances. Meetings may be called during the Winter recess, if necessary, in order to maintain the production schedule. Section 4. Attendance at Meetings - All members of the New England Journal on Criminal and Civil Confinement may attend the above meetings. Except as otherwise provided, only editors are entitled to vote in those meetings where a vote is contemplated. Section 5. Quorum - A quorum at a general meeting shall be one-half (1/2) of the editors. If the proposed action requires the vote of the entire membership of the New England Journal on Criminal and Civil Confinement, a quorum requires one-half (1/2) of the editors and one-half (1/2) of the associate members. Except as otherwise provided, a motion is passed if it is supported by a majority of those eligible to vote. Section 6. Minutes - Minutes shall be kept and made available to all.

CHAPTER X
AMENDMENTS TO BY-LAWS
Section 1. By Whom Proposed - Amendments to these By-Laws may be proposed by any member of the New England Journal on Criminal and Civil Confinement in good standing, or by the Faculty Advisor. Section 2. Procedures for Proposing Amendment - Every proposed amendment, in all cases accompanied by a statement specifying the purpose intended to be accomplished by the proposed amendment, shall be submitted in writing to the Editor-in-Chief. The Editor-in-Chief shall present the proposed amendment and the statement specifying its intended purpose, 34

accompanied by his or her own comments if he or she so desires, to every Executive Committee member not later than eight (8) days prior to the date of the next mandatory meeting. The Executive Committee shall present the proposed amendment and the statement specifying its intended purpose, accompanied by the Committees own comments if it so desires, to every member not later than four (4) days prior to the date of the next mandatory meeting. Any corrections in the format and grammar of the proposed amendment may be made at the discretion of the Executive Committee at any time during this presentation process. Section 3. Adoption of Amendment - Amendments to these By-Laws shall be adopted only by means of an affirmative vote of three-fourths (3/4) of all of the members in good standing. Voting upon such amendments shall be effectuated by means of a roll call vote conducted at a mandatory meeting, by means of voting by proxy ballots distributed to every member, or by a combination of both a roll call vote and voting by proxy ballots. When a proposed amendment is so adopted, such amendment shall become effective immediately, unless otherwise provided by the amendment itself.

CHAPTER XI
RATIFICATION
Section 1. Ratification of By-Laws - These By-Laws may be ratified only by means of an affirmative vote of two-thirds (2/3) of all of the members of the New England Journal on Criminal and Civil Confinement in good standing. Voting for purposes of ratification shall be effectuated by means of a roll call vote conducted at a meeting of the membership of the New England Journal on Criminal and Civil Confinement, by means of voting by proxy ballots distributed to every member of the New England Journal on Criminal and Civil Confinement, or by a combination of both a roll call vote and voting by proxy ballots. Section 2. Effective Date - These By-Laws shall become effective as the sole and controlling By-Laws of the New England Journal on Criminal and Civil Confinement immediately upon the ratification thereof pursuant to Section 1 of this Chapter. Section 3. Repeal of Former By-Laws - Every vote cast to ratify these By-Laws pursuant to Section 1 of this Chapter shall also be treated as a vote to repeal the former By-Laws of the New England Journal on Criminal and Civil Confinement, which former By-Laws had been duly ratified by the membership of the New England Journal on Criminal and Civil Confinement. At the same time that these By-Laws are ratified and become effective pursuant to Section 2 of this Chapter, the former By-Laws shall be effectively and for all purposes repealed in full.

CHAPTER XII

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PUBLIC DISPLAY OF CONSTITUTION AND BY-LAWS

A copy of the Constitution and By-Laws of the New England Journal on Criminal and Civil Confinement shall be kept on file at the reserve desk of the Law Library at the New England School of Law, for open inspection by members of the New England School of Law community and the public.

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