BYLAWS OF THE WISCONSIN LAW REVIEW
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- Percival Andrews
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1 BYLAWS OF THE WISCONSIN LAW REVIEW I. ADOPTION Consistent with Article IV of the Constitution of the Wisconsin Law Review, the Members do adopt, enact, and embrace these Bylaws. II. REPEAL OF PREVIOUS BYLAWS All previous bylaws of the Wisconsin Law Review, discovered or undiscovered, are hereby repealed. III. ELECTIONS A. Generally Elections shall be held in the spring semester and shall be conducted by secret ballot. The Editor-in-Chief shall set the date of elections after consulting with the Senior Editorial Board and shall provide the Members with adequate notice of the date. B. Voting and Commenting for Early Graduates and Study Abroad Participants A Contributing Editor who graduates early or who studies abroad during the spring semester may participate in elections, provided the Member s Wisconsin Law Review Contributing Editor duties (as prescribed in Sections V.A C of the Bylaws) were fully completed during his or her final fall semester on campus. Participation in elections shall include casting votes (either in person or via proxy) and offering comments (oral or written) as to an Associate s qualifications for candidacy. Nothing in this paragraph shall conflict with Section VIII or be interpreted as allowing a Member who graduates early or who studies abroad to receive journal credit or appear on the Masthead after the Member has graduated or during the semester in which the Member studies abroad.
2 2 BYLAWS OF THE WISCONSIN LAW REVIEW IV. DUTIES OF THE SENIOR EDITORIAL BOARD A. Editor-in-Chief In accordance with Article V, Section 3, of the Constitution, the executive power shall vest in the Editor-in-Chief, who shall assume ultimate responsibility for and authority over the management, business, and affairs of the Wisconsin Law In addition, pursuant to Article V, Section 10, of the Constitution, the Editor-in-Chief shall be responsible for the following: 1. Managing the Senior Editorial Board. 2. Calling and presiding over necessary Senior Editorial Board and Editorial Board meetings. 3. Serving as the liaison between the Wisconsin Law Review and authors; the general public; and the faculty, administration, and students of the University of Wisconsin Law School. 4. Selecting articles, notes, comments, and other scholarly works for publication in accordance with Section IX. 5. Establishing and enforcing deadlines, a disciplinary policy, a mandatory events policy, a plagiarism policy, and any other necessary and proper policies in cooperation with the Senior Editorial Board. 6. Creating necessary committees and appointing chairpersons to such committees. 7. Administering the Write-On Process in accordance with Section VII. 8. Establishing an annual budget for nonproduction costs. 9. Giving each semester to the Members information of the state of the Wisconsin Law 10. Approving the final edit of all articles, notes, comments, and other scholarly works selected for publication prior to submission to the printer.
3 3 BYLAWS OF THE WISCONSIN LAW REVIEW 11. Preparing and submitting to the printer all materials that are necessary and ready for publication and distribution. 12. Satisfying the academic requirements of the Wisconsin Law 13. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 14. Working with the Senior Online Editor to ensure successful publication of the online supplement. B. Senior Managing Editors In accordance with Article V, Section 4, of the Constitution, Senior Managing Editors shall be responsible for supervising the production of issues guiding manuscripts to final publication. In addition, pursuant to Article V, Section 10, of the Constitution, Senior Managing Editors shall be responsible for the following: 1. Establishing and implementing a production schedule with the advice and consent of the Editor-in-Chief. 2. Supervising Managing Editors and Associates in their citechecking responsibilities. 3. Assigning Managing Editors to edit and citecheck articles, notes, comments, and other scholarly works selected for publication. 4. Assigning Associates to citecheck articles, notes, comments, and other scholarly works selected for publication. 5. Facilitating the training of Associates in their citechecking responsibilities. 6. Verifying the citechecking work of Associates and Managing Editors for accuracy. 7. Ensuring consistency in style and format for all articles, notes, comments, and other scholarly works selected for publication.
4 4 BYLAWS OF THE WISCONSIN LAW REVIEW 8. Performing a comprehensive edit of all articles, notes, comments, and other scholarly works selected for publication. 9. Administering the Write-On Process in accordance with Section VII. 10. Ensuring that Managing Editors are allocated enough work to satisfy the academic requirements of the Wisconsin Law 11. Establishing and enforcing deadlines and disciplinary policies for Managing Editors and Associates in their citechecking responsibilities, consistent with the policies promulgated by the Editor-in-Chief in cooperation with the Senior Editorial Board. 12. Satisfying the academic requirements of the Wisconsin Law 13. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 14. Attending Senior Editorial Board and Editorial Board meetings. 15. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief. C. Senior Articles Editor In accordance with Article V, Section 5, of the Constitution, the Senior Articles Editor shall be responsible for the selection of articles, notes, comments, and other scholarly works for publication. In addition, pursuant to Article V, Section 10, of the Constitution, the Senior Articles Editor shall be responsible for the following: 1. Supervising Articles Editors. 2. Overseeing an initial screening of all articles and other scholarly works submitted for publication.
5 5 BYLAWS OF THE WISCONSIN LAW REVIEW 3. Training Articles Editors to select for publication articles, notes, comments, and other scholarly works in accordance with Section IX. 4. Assigning articles, notes, comments, and other scholarly works to Articles Editors for possible publication in accordance with Section IX. 5. Promulgating publication standards in accordance with Section IX. 6. Scheduling and leading panels for reviewing articles, notes, comments, and other scholarly works in accordance with Section IX. 7. Reviewing articles, notes, comments, and other scholarly works that have been submitted for a Publication Decision in accordance with Section IX. 8. Selecting for publication articles, notes, comments, and other scholarly works in accordance with Section IX. 9. Ensuring that the selection for publication of articles, notes, comments, and other scholarly works is carried out in a timely fashion. 10. Developing methods to solicit quality articles, notes, comments, and other scholarly works from within and outside of the University of Wisconsin Law School. 11. Performing at the discretion of the Editor-in-Chief a comprehensive edit of articles, notes, comments, and other scholarly works selected for publication. 12. Ensuring that Articles Editors are allocated enough work to satisfy the academic requirements of the Wisconsin Law 13. Establishing and enforcing deadlines and disciplinary policies for Articles Editors, consistent with the policies promulgated by the Editor-in-Chief in cooperation with the Senior Editorial Board. 14. Satisfying the academic requirements of the Wisconsin Law
6 6 BYLAWS OF THE WISCONSIN LAW REVIEW 15. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 16. Attending Senior Editorial Board and Editorial Board meetings. 17. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief. D. Senior Note & Comment Editor In accordance with Article V, Section 6, of the Constitution, the Senior Note & Comment Editor shall be responsible for coordinating the selection of Members and overseeing the writing of notes and comments by Associates. In addition, pursuant to Article V, Section 10, of the Constitution, the Senior Note & Comment Editor shall be responsible for the following: 1. Supervising Note & Comment Editors and Associates in the writing of notes and comments. 2. Developing programs to improve the writing skills of Associates. 3. Assigning Note & Comment Editors to Associates on the basis of Note & Comment Editor expertise and interest and Wisconsin Law Review staffing needs. 4. Developing a list of viable topics for Associate notes and comments. 5. Approving topic selections from Associates with the advice and consent of Note & Comment Editors. 6. Assigning additional Members to review Associate notes and comments as necessary or desired. 7. Promulgating a publication standard for student notes and comments in accordance with Section IX. 8. Reviewing notes and comments that have been submitted for a Publication Decision in accordance with Section IX. 9. Selecting for publication notes and comments in accordance with Section IX.
7 7 BYLAWS OF THE WISCONSIN LAW REVIEW 10. Administering the Write-On Process in accordance with Section VII. 11. Ensuring that Note & Comment Editors are allocated enough work to satisfy the academic requirements of the Wisconsin Law 12. Establishing and enforcing deadlines and disciplinary policies for Note & Comment Editors and Associates in the writing of notes and comments, consistent with the policies promulgated by the Editor-in-Chief in cooperation with the Senior Editorial Board. 13. Establishing, enforcing, and distributing a plagiarism policy in collaboration with the Editor-in-Chief and in accordance with Section IX. 14. Satisfying the academic requirements of the Wisconsin Law 15. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 16. Attending Senior Editorial Board and Editorial Board meetings. 17. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief. E. Symposium Editors In accordance with Article V, Section 7, of the Constitution, Symposium Editors shall be responsible for planning and implementing the annual Symposium. In addition, pursuant to Article V, Section 10, of the Constitution, Symposium Editors shall be responsible for the following: 1. Coordinating and assisting presenters and authors for the Symposium. 2. Securing sponsors and raising necessary funds to conduct the Symposium. 3. Marketing the Symposium to its intended audience.
8 8 BYLAWS OF THE WISCONSIN LAW REVIEW 4. Facilitating communication among authors whose scholarly works have been selected for publication in the Symposium issue. 5. Satisfying the academic requirements of the Wisconsin Law 6. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 7. Attending Senior Editorial Board and Editorial Board meetings. 8. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief. F. Business Editor In accordance with Article V, Section 8, of the Constitution, the Business Editor shall be responsible for all administrative affairs. In addition, pursuant to Article V, Section 10, of the Constitution, the Business Editor shall be responsible for the following: 1. Ensuring that administrative tasks are carried out promptly and effectively. These tasks include but are not limited to retrieving and distributing mail, , and voic ; updating the copyright database; updating the subscriber database; fulfilling requests for missing or newly purchased issues; performing annual invoicing; compiling the news of the school and volume index; responding to requests for reprints and translations; obtaining copy cards; distributing issues to Members and faculty; and binding and distributing a completed volume for Members. 2. Hiring and managing an office assistant, as the budget permits, to assist with administrative tasks. 3. Organizing the Welcome Picnic and Spring Banquet. 4. Satisfying the academic requirements of the Wisconsin Law
9 9 BYLAWS OF THE WISCONSIN LAW REVIEW 5. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 6. Attending Senior Editorial Board and Editorial Board meetings. 7. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief. G. Senior Online Editor In accordance with Article V, Section 9, of the Constitution, the Senior Online Editor shall be responsible for developing and overseeing web content related to the journal. In addition, pursuant to Article V, Section 10, of the Constitution, the Senior Online Editor shall be responsible for the following: 1. Promptly and accurately updating all relevant information on the Wisconsin Law Review website to reflect the most recent publication and maintain the archives. 2. Working with the Editor-in-Chief and the Senior Articles Editor to define, develop, and implement an online supplement pursuant to Section IX.C of these Bylaws. 3. Maintaining and expanding the online presence of the Wisconsin Law 4. Establishing and implementing a production schedule for the online supplement with the advice and consent of the Editor-in-Chief. 5. Developing methods to solicit quality scholarly works from within and outside of the University of Wisconsin Law School for publication in the online supplement. 6. Selecting for online publication scholarly works in accordance with Section IX. 7. Ensuring that the selection for publication of scholarly works is carried out in a timely fashion. 8. Ensuring consistency in style and format for all scholarly works selected for publication in the online supplement.
10 10 BYLAWS OF THE WISCONSIN LAW REVIEW 9. Performing comprehensive citechecking of all scholarly works selected for publication in the online supplement. 10. Satisfying the academic requirements of the Wisconsin Law 11. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 12. Attending Senior Editorial Board and Editorial Board meetings. 13. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief. V. DUTIES OF THE CONTRIBUTING EDITORS AND THE ASSOCIATES A. Managing Editors In accordance with Article VI, Section 2, of the Constitution, Managing Editors shall be responsible for supporting Senior Managing Editors in the production of issues guiding accepted manuscripts to final publication. In addition, pursuant to Article VI, Section 5, of the Constitution, Managing Editors shall be responsible for the following: 1. Supervising Associates in their citechecking responsibilities. 2. Training Associates in their citechecking responsibilities. 3. Performing a copy edit of articles, notes, comments, and other scholarly works selected for publication and verifying the citechecking work of Associates. 4. Ensuring consistency in style and format for all articles, notes, comments, and other scholarly works selected for publication. 5. Administering the Write-On Process in accordance with Section VII. 6. Satisfying the academic requirements of the Wisconsin Law
11 11 BYLAWS OF THE WISCONSIN LAW REVIEW 7. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 8. Attending Editorial Board meetings. 9. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief or Senior Managing Editors. B. Articles Editors In accordance with Article VI, Section 3, of the Constitution, Articles Editors shall be responsible for supporting the Senior Articles Editor in the selection of articles, notes, comments, and other scholarly works. In addition, pursuant to Article VI, Section 5, of the Constitution, Articles Editors shall be responsible for the following: 1. Selecting articles, notes, comments, and other scholarly works submitted for publication in accordance with Section IX of the Bylaws. 2. Verifying that articles, notes, comments, and other scholarly works submitted for publication have not been preempted. 3. Reviewing articles, notes, comments, and other scholarly works that have been submitted for a Publication Decision in accordance with Section IX. 4. Selecting for publication articles, notes, comments, and other scholarly works in accordance with Section IX. 5. Performing a comprehensive edit of articles, notes, comments, and other scholarly works selected for publication at the discretion of the Editor-in-Chief or the Senior Articles Editor. 6. Satisfying the academic requirements of the Wisconsin Law 7. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 8. Attending Editorial Board meetings.
12 12 BYLAWS OF THE WISCONSIN LAW REVIEW 9. Administering the Write-On Process in accordance with Section VII. 10. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief or the Senior Articles Editor. C. Note & Comment Editors In accordance with Article VI, Section 4, of the Constitution, Note & Comment Editors shall be responsible for supporting the Senior Note & Comment Editor in coordinating the selection of Members and overseeing the writing of notes and comments by Associates. In addition, pursuant to Article VI, Section 5, of the Constitution, Note & Comment Editors shall be responsible for the following: 1. Providing quality feedback to Associates in the writing of notes and comments. 2. Serving as an additional reader of notes and comments at the discretion of the Senior Note & Comment Editor. 3. Administering the Write-On Process in accordance with Section VII. 4. Satisfying the academic requirements of the Wisconsin Law 5. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 6. Attending Editorial Board meetings. 7. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief or the Senior Note & Comment Editor. D. Associates In accordance with Article VII, Section 1, of the Constitution, Associates shall be responsible for citechecking articles, notes, comments, and other scholarly works selected for publication and for writing an original note or comment. In addition, pursuant to Article VII,
13 13 BYLAWS OF THE WISCONSIN LAW REVIEW Section 2, of the Constitution, Associates shall be responsible for the following: 1. Satisfying the academic requirements of the Wisconsin Law 2. Working with the Senior Editorial Board to ensure the successful publication of each issue of the Wisconsin Law 3. Attending Editorial Board meetings. 4. Performing any additional duties not inconsistent with the Constitution delegated by the Editor-in-Chief, Senior Managing Editors, the Senior Articles Editor, or the Senior Note & Comment Editor. VI. UNENUMERATED DUTIES Those duties not specifically enumerated in these Bylaws but necessary to publish the Wisconsin Law Review may be assigned by the Editor-in-Chief to any appropriate Member. VII. SELECTION OF MEMBERS A. Diversity Committee Members shall elect a chair and three additional Members to serve on the Diversity Committee. The Editor-in-Chief and the Senior Note & Comment Editor shall not serve on the Diversity Committee. The Editor-in-Chief may reduce a Diversity Committee member s editing duties to offset that Diversity Committee member s Diversity Committee duties. The Diversity Committee shall be responsible for furthering the Wisconsin Law Review s diversity policy, outlined in Article 1, Section 4, of the Constitution. The Diversity Committee shall also be responsible for the following: 1. Administering the Personal Statement portion of the Write-On Process. 2. Collecting and evaluating the demographic information of applicants and Members to monitor the effectiveness of the Wisconsin Law Review s diversity policy in accordance with the following:
14 14 BYLAWS OF THE WISCONSIN LAW REVIEW a. Demographic information shall be kept anonymous. Diversity Committee members may use the identification numbers provided on the demographic survey to track the demographic information of the applicants who join the Wisconsin Law Review, but no Member shall know how the identification numbers correlate with applicants or Members. b. Demographic information shall not be used as a factor in making membership offers. The demographic surveys shall be sealed until after the Editor-in-Chief makes the initial membership offers for the Write-On Process. c. Demographic information shall be compiled and made available to Members and other interested parties. d. The Diversity Committee may alter the demographic survey in a manner consistent Article I, Section 4, of the Constitution. 3. Contacting student organizations at a reasonable time before the Spring Write-On Process, via or other appropriate means, to inquire whether the student organizations would like a representative of the Wisconsin Law Review to speak to their membership about the Wisconsin Law The Diversity Committee shall arrange for a Member to speak to any interested student organization. B. Write-On Process There shall be the Spring Write-On Process and the Fall Write-On Process. They shall be conducted according to the following: 1. The Spring Write-On Process shall commence on the last day of the first-year-student spring-semester exams. Each student shall have fourteen calendar days to complete the Spring Write-On Process. If the fourteenth calendar day falls on a Sunday or holiday, the period shall be extended to the next day on which applicants can reasonably obtain postmark. The Fall Write-On Process shall be administered for a fourteen-calendar-day period commencing on the Friday of the first week of classes for the fall semester. 2. Students may only participate in one Write-On Process and
15 15 BYLAWS OF THE WISCONSIN LAW REVIEW must participate in the first Write-On Process for which they are eligible, unless they provide written confirmation from the Law School that they are participating in a dual degree program with the Business School. These dual degree students shall participate in the first Spring Write-On Process for which they are eligible and immediately after which they will be able to fulfill all Wisconsin Law Review Membership requirements in accordance with Articles V, VI, and VII of the Constitution. 3. To participate in a Write-On Process, students must be enrolled at the University of Wisconsin Law School and have completed twenty-four graded credits, including all first-year legal-writing courses. For transfer students, completion of the first-year curriculum at another law school shall satisfy this requirement. C. Membership Offers The Editor-in-Chief shall extend membership offers according to the following: 1. The Editor-in-Chief shall have the final authority regarding the number of applicants receiving membership offers during the Spring Write-On Process and the Fall Write-On Process. The Editor-in-Chief shall exercise this authority in accordance with other provisions of these Bylaws. 2. The number of membership offers each year will depend on various factors, including but not limited to Write-On Process Scores, staffing needs, and diversity goals. D. Spring Write-On Process Between thirty and forty-two members shall be invited to join the Wisconsin Law Review during the Spring Write-On Process according to the following: 1. The Editor-in-Chief shall extend a membership offer to any full-time student who is among the top ten in class rank (as determined by the student s grade-point average for the first-year curriculum) and who received a Spring Write-On Process Score in the top two-thirds of all applicants. 2. The Editor-in-Chief shall extend additional membership
16 16 BYLAWS OF THE WISCONSIN LAW REVIEW offers to applicants solely on the basis of the highest Spring Write-On Process Scores. 3. If any applicant declines a membership offer, the Editor-in-Chief may extend a membership offer to the highest-scoring applicant who has not yet received an invitation. E. Fall Write-On Process Up to four applicants may receive a membership offer during the Fall Write-On Process according to the following: 1. The Editor-in-Chief shall extend a membership offer to applicants solely on the basis of the highest Fall Write-On Process Scores. 2. The Editor-in-Chief shall not extend a membership offer to any applicant whose Fall Write-On Process Score is below that of the lowest Score that merited an invitation during the Spring Write-On Process under Sections VII.D If any applicant declines an offer, the Editor-in-Chief may extend a membership offer to the highest-scoring applicant who has not yet received an invitation but who is still eligible under Section VII.E.2. F. Format and Scoring of the Write-On Process The Spring Write-On Process and the Fall Write-On Process shall be formatted and scored according to the following: 1. The Senior Note & Comment Editor shall be responsible for coordinating the Write-On Process. Each applicant shall be assigned a unique identification number. Only the Editor-in-Chief and the Senior Note & Comment Editor shall know which identification numbers correlate to which applicants, and the Editor-in-Chief and the Senior Note & Comment Editor shall not evaluate Write-On Process submissions. 2. The Write-On Process shall consist of three parts: a Note, a Personal Statement, and a Citation Exercise. 3. The Write-On Process Score shall be determined on the
17 17 BYLAWS OF THE WISCONSIN LAW REVIEW basis of the scores for each part of the Write-On Process: The Note shall comprise 60 percent of the Score. The Personal Statement shall comprise 20 percent of the Score. The Citation Exercise shall comprise 20 percent of the Score. The scores for the Note and the Personal Statement shall be normalized. 4. The Senior Note & Comment Editor shall be responsible for administering the Note portion of the Write-On Process according to the following: a. The Note shall be based on one or more sets of legal materials that represent a particular legal problem. b. The Note topic shall be selected in a manner that affords applicants the opportunity to demonstrate their abilities to write and edit the highest-quality legal scholarship. c. Note topics from previous Write-On Processes shall not knowingly be used. d. A combination of at least four Note & Comment Editors and Articles Editors shall score each Note using a written scoring rubric that is designed to evaluate the criteria described in Section VII.F.4.b and that is drafted by the Senior Note & Comment Editor. e. Final Note scores shall be determined by calculating the average of the normalized scores of all the Note evaluators. 5. The Diversity Committee shall be responsible for administering the Personal Statement portion of the Write-On Process according to the following: a. The Diversity Committee shall create a written Personal Statement exercise and a scoring rubric to evaluate the Personal Statements. b. The Personal Statement exercise and scoring rubric shall be designed to fulfill the Wisconsin Law Review s diversity policy, as outlined in Article I,
18 18 BYLAWS OF THE WISCONSIN LAW REVIEW Section 4, of the Constitution, and in consideration of the demographic information collected during the Write-On Process as well as the impact of the Personal Statement exercise on the previous year s Write-On Process. c. Previous Personal Statement exercises and scoring rubrics may be used if they comply with the provisions of Section VII.F.5.b. d. At least three Diversity Committee members shall score each Personal Statement using the scoring rubric. e. Final Personal Statement scores shall be determined by calculating the average of the normalized scores of all the Personal Statement evaluators. 6. The Senior Managing Editors shall be responsible for administering the Citation Exercise portion of the Write-On Process according to the following: VIII. STUDY ABROAD POLICY a. The Senior Managing Editors shall create a written Citation Exercise and a scoring rubric to evaluate the Citation Exercise. b. Previous Citation Exercises shall not knowingly be used. c. Each Citation Exercise shall be evaluated by at least one Managing Editor or Senior Managing Editor. d. The final Citation Exercise score shall be the score awarded by the two or more evaluators if the scores are the same. If there is a discrepancy between the evaluators scores, a Senior Managing Editor shall review the evaluated Citation Exercise to determine a final score. In order to support the diverse interests of its Members, the Wisconsin Law Review shall allow Managing Editors to participate in Law School-sponsored study abroad programs for a single semester.
19 19 BYLAWS OF THE WISCONSIN LAW REVIEW Given the Wisconsin Law Review s staffing needs, no Senior Editorial Board Members, other Contributing Editors, or Associates will be given permission to study abroad and maintain their membership status. No Managing Editor studying abroad shall receive journal credit or appear on the Masthead during this absence. IX. SELECTION OF ARTICLES, NOTES, COMMENTS, AND OTHER SCHOLARLY WORKS FOR PUBLICATION A. Print-Publication Standard In order to publish the highest-quality legal scholarship in a viewpoint-neutral manner, the Wisconsin Law Review shall apply a consistent publication standard to all articles, notes, comments, and other scholarly works submitted for print publication. The Senior Note & Comment Editor and the Senior Articles Editor shall promulgate, with the advice and consent of the Editor-in-Chief, a print-publication standard for all articles, notes, comments, and other scholarly work submitted for print publication. Elaboration and explanation of the print-publication standard may be made at any time by the Editor-in-Chief, the Senior Note & Comment Editor, and the Senior Articles Editor. In the case of disagreement, the elaboration and explanation of the print-publication standard may be made solely by the Editor-in-Chief. The print-publication standard for articles, notes, and comments shall at least include the following criteria: 1. Thesis an original claim. 2. Novelty new ideas that contribute to current legal scholarship. 3. Utility ideas and analysis useful to the legal community. 4. Soundness well-supported and comprehensive claims. 5. Clarity clear and efficient writing. 6. Organization quality structure with topic sentences. 7. Citation ample footnotes for attribution, authority, and additional research. 8. Grammar proper use of language to convey meaning.
20 20 BYLAWS OF THE WISCONSIN LAW REVIEW 9. Punctuation proper use of symbols and marks to convey meaning. B. Print Publication of Articles and Other Scholarly Works The Wisconsin Law Review shall make offers of publication for articles and other scholarly works according to the following: 1. Articles and other scholarly works shall conform to the publication standard promulgated in accordance with Section IX.A. 2. Articles and other scholarly works shall be submitted to a Publication Panel if nominated by two Articles Editors. a. The Publication Panel shall consist of the Editor-in-Chief, the Senior Articles Editor, and the two Articles Editors who nominated the article or other scholarly work. b. Each panel member shall read the article or other scholarly work prior to panel. If time permits, the Articles Editors shall reread the article or other scholarly work. c. The Publication Panel shall discuss the article s or other scholarly work s suitability for publication. The Publication Panel shall consider the publication standard and may consider other factors consistent with publishing the highest-quality legal scholarship. d. The Publication Panel shall decide whether to make an offer for publication. The Publication Panel shall strive for a unanimous decision. If a unanimous decision cannot be reached, majority decision shall prevail. If a majority decision cannot be reached, the Publication Panel shall not make an offer of publication. C. Online Publication of Alternative Scholarly Works The Wisconsin Law Review may publish scholarly works in addition to those works published under Section IX.B on an online supplement titled Wisconsin Law Review Online. Wisconsin Law Review Online shall
21 21 BYLAWS OF THE WISCONSIN LAW REVIEW be reserved for alternative scholarly works including essays, response pieces, and book reviews, and shall not include articles, notes, or comments. If the Editor-in-Chief and Senior Online Editor elect to publish online scholarly works, the Editor-in-Chief and Senior Online Editor shall determine the procedures for selecting scholarly works for online publication. In the case of disagreement, online publication decisions and procedures may be made solely by the Editor-in-Chief. Should the Senior Online Editor and Editor-in-Chief elect to utilize the online supplement, the Senior Online Editor, with the advice and consent of the Editor-in-Chief, shall promulgate an online-publication standard for alternative scholarly works not including articles, notes, or comments. In order to publish the highest-quality legal scholarship in a viewpoint-neutral manner, the Wisconsin Law Review shall consistently apply the online-publication standard to all alternative scholarly works submitted for publication under this Subsection. D. Publication Decisions of Associate Notes and Comments The Wisconsin Law Review shall make offers of publication for Associate notes and comments according to the following: 1. Associates notes and comments shall conform to the print-publication standard promulgated in accordance with Section IX.A. 2. The Editor-in-Chief shall set a maximum number of notes and comments to be published. 3. Notes and comments must be submitted to a Publication Panel that will proceed according to the following: a. The Publication Panel shall consist of the Editor-in-Chief, the Senior Note & Comment Editor, the Senior Articles Editor, and an Articles Editor. b. Each Publication Panel member shall read the note or comment prior to panel. c. The Senior Note & Comment Editor shall present to the Publication Panel the feedback of the Note &
22 22 BYLAWS OF THE WISCONSIN LAW REVIEW Comment Editor assigned to the Associate whose note or comment is under review. d. The Publication Panel shall discuss the note s or comment s suitability for publication. The Publication Panel shall consider the print-publication standard and may consider other factors consistent with publishing the highest-quality legal scholarship. e. The Publication Panel shall make a recommendation for publication. The Publication Panel shall strive for a unanimous decision. If a majority decision cannot be reached, the Publication Panel shall not recommend publication of the note or comment. 4. If more notes or comments have been recommended for publication than the maximum number set in accordance with Section IX.D.2, the notes or comments that have been recommended will be submitted to a Senior Publication Panel according to the following: a. The Senior Publication Panel shall consist of the Editor-in-Chief, the Senior Note & Comment Editor, and the Senior Articles Editor. b. The Senior Publication Panel shall select for publication as many notes and comments as the number set in accordance with Section IX.D.2. c. The Senior Publication Panel shall strive for a unanimous decision. If a unanimous decision cannot be reached, majority decision shall prevail. 5. If fewer notes or comments have been recommended for publication than the maximum number set in accordance with Section IX.D.2, all notes or comments that have been recommended for publication shall be published without further discussion. If, in the interest of the Wisconsin Law Review, the Editor-in-Chief determines that too few notes and comments have been recommended for publication, the Editor-in-Chief shall convene a Senior Publication Panel according to the following:
23 23 BYLAWS OF THE WISCONSIN LAW REVIEW a. The Senior Publication Panel shall consist of the Editor-in-Chief, the Senior Note & Comment Editor, and the Senior Articles Editor. b. The Senior Publication Panel shall select for publication as many notes and comments as it deems necessary to serve the interests of the Wisconsin Law Review but no more than the number set in accordance with Section IX.D.2. c. The Senior Publication Panel shall strive for a unanimous decision. If a unanimous decision cannot be reached, majority decision shall prevail. E. Publication Decisions of Scholarly Works Submitted by Students Who Are Not Members of the Wisconsin Law Review The Wisconsin Law Review shall make offers of publication for scholarly works submitted by students who are not members of the Wisconsin Law Review according to the following: 1. Articles and scholarly works submitted by students who are not members of the Wisconsin Law Review shall be reviewed under Section IX.B. 2. At least once per year the Wisconsin Law Review shall make an open call for articles and scholarly works from students within the University of Wisconsin Law School. A method that will reliably reach most of the enrolled students will be used for the open call. F. Necessary and Proper Authority of the Editor-in-Chief in the Selection of Articles, Notes, Comments, and Other Scholarly Works for Publication The Editor-in-Chief shall have the authority to deviate from Section IX in the selection of articles, notes, comments, and other scholarly works for publication as necessary and proper to the fair, efficient, and timely publication of the Wisconsin Law X. PLAGIARISM POLICY In efforts to uphold the integrity of legal scholarship in general and membership to the Wisconsin Law Review specifically, the Wisconsin Law Review and its Members take a strong stance against plagiarism. In
24 24 BYLAWS OF THE WISCONSIN LAW REVIEW accordance with Sections IV.A and IV.D, the Senior Note & Comment Editor shall distribute a plagiarism policy as promulgated in collaboration with the Editor-in-Chief to aid all Members in their understanding and prevention of plagiarism. A. Definitions The Wisconsin Law Review follows UW-Madison s policy against academic misconduct, which is governed by Chapter 14 of the University of Wisconsin System Administrative code. This policy defines academic misconduct as: seek[ing] to claim credit for the work or efforts of another without authorization or citation. 1 The Wisconsin Law Review expands upon this definition of academic misconduct to define plagiarizing as: (1) steal[ing] and pass[ing] off (the ideas or words of another) as one s own; (2) us[ing] (another s production) without crediting the source; (3) commit[ing] literary theft; or (4) present[ing] as new and original an idea or product derived from an existing source. 2 B. Self-plagiarism It is not permissible to use substantial written work already prepared for another reason, including but not limited to pieces prepared for an employer or any academic credit, to fulfill the requirements of the writing program. A member seeking to use such work to fulfill the requirements of the writing program may be permitted to do so with the consent of the Senior Note & Comment Editor. C. Consequences for Plagiarism Consistent with the Wisconsin Law Review s strong stance against plagiarism, plagiarism of other authors works will not be tolerated and will be treated as serious academic misconduct per the University of Wisconsin Administrative Code. Academic misconduct also is likely grounds for denial of admission to the bar due to the questionable moral 1 U.W.S (2008).For more information on UW s Student Academic Misconduct Campus Procedures, see misconduct/uws14.html#overview (last visited Mar. 10, 2009). 2 MERRIAM-WEBSTER ONLINE DICTIONARY (2009), (last visited Mar. 18, 2009).
25 25 BYLAWS OF THE WISCONSIN LAW REVIEW character reflected by the conduct. 3 If a note or comment is thought to contain plagiarism, the Note & Comment Editor will thoroughly citecheck the piece to determine whether any of the material has been plagiarized, and if so, the scope of the violation. If plagiarism is found, the next step is an evaluation by the Senior Note & Comment Editor and the Editor-in-Chief to determine the seriousness of the offense. Following this evaluation, the member in violation of this policy will be required to attend a meeting with the Note & Comment Editor, the Senior Note & Comment Editor, and the Editor-in-Chief to discuss the violation. Depending on the scope of the violation, any combination of the following disciplinary actions may be taken: 1. Immediate Wisconsin Law Review membership revocation. If membership is revoked, the Wisconsin Law Review will notify the former member s employer and the law-school administration. The former member will have to remove Wisconsin Law Review from his/her resume, his/her name will be removed from the masthead, and any work that he/she completed will be ineligible for publication. 2. Reporting the member s behavior to the Faculty Advisor. 3. Revocation of any offer of publication that has been made by the Wisconsin Law 4. Requiring the plagiarized portion(s) of the note or comment to be rewritten. 3 See Law School Rules Appendices A and B; No Collaboration Policy at Rule 6.11.
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