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Constitution
of the Royal Society of Fellows Law Review
Article
I - Name
The name of the organization shall be the Royal Society
of Fellows Law Review, which shall serve as the official
publication of the Royal
Society of Fellows and the Walter
H. and Dorothy B. Diamond International Tax Program.
Article II - Purpose
Section 1.
The organization shall publish a periodical entitled the "
Royal Society of Fellows Law Review " (hereinafter
Royal
Society of Fellows Law review).
Section 2.
The Royal
Society of Fellows Law Review shall invite the
submission of unsolicited original Manuscripts by legal scholars,
academicians, professors, judges, practitioners, law students,
and other learned individuals, that offer critical legal analysis
and reflective thought.
Section 3.
The Royal
Society of Fellows Law Review shall consider Manuscripts
in consideration of publication which may be in the form of articles,
essays, comments, book reviews and other law-related pieces, which
address important cutting-edge issues and emerging trends involving
domestic and international taxation, offshore financial centers,
and other intersecting areas of tax law such as asset protection,
anti-avoidance, anti-money laundering, e-commerce, trust and estate
law, international tax planning, and other pertinent substantive
fields of law, transaction and business.
Section 4.
The initial form of publication of the Royal
Society of Fellows Law Review shall be on-line
and shall be made available through the Internet.
Section 5.
The holding of incidental social affairs shall be within the purposes
of the organization.
Article
III - Membership
Section 1.
There shall be two classes of members of the Royal
Society of Fellows Law Review , which shall be
designated as "Editors" and "Staff Editors."
Section 2.
All members of the Royal
Society of Fellows Law Review , whether Editors
or Staff Editors, shall strictly serve as volunteers.
Section 3.
The class of members known as Editors shall include the (a) Editor-in-Chief;
(b) Executive / Technology Editor, and (c) Managing Editor, who
shall collectively comprise the Editorial Review Board.
Section 4.
Criteria for selection, duties and responsibilities of an Editor
on the Editorial Review Board shall be specified in the By-Laws.
Section 5.
The class of members known as Staff Editors shall include members
who have been selected by the Editorial Review Board, or upon
the recommendation of the Editor-in-Chief.
Section
6.
Criteria for selection, duties and responsibilities of a Staff
Editor shall be specified in the By-Laws.
Section 7.
Any Master of Laws (LL.M.) graduate law student in the Walter
H. and Dorothy B. Diamond International Taxation Program at St.
Thomas University School of Law, if qualified, is eligible for
selection as a Member of the Editorial Review Board or as a Staff
Editor. Criteria for selection, and responsibilities and duties
which attach thereto, of a Member of the Editorial Review Board
or Staff Editor, shall be specified in the By-Laws.
Section 8.
Any third-year law student from an accredited law school, or any
Master of Laws (LL.M.) graduate law student in the Walter H. and
Dorothy B. Diamond International Taxation Program at St. Thomas
University School of Law, if qualified, is eligible for selection
as a Staff Editor. Criteria for selection of a Staff Editor, and
responsibilities and duties which attach thereto, shall be specified
in the By-Laws.
Section 9.
The Royal Society of Fellows Law Review shall
have an Faculty Advisory Board, which shall include, and be governed
by, the Director of the Walter H. and Dorothy B. Diamond International
Taxation Program at St. Thomas University School of Law, Miami,
Florida.
Section 10.
The Editorial Review Board shall be the governing body of the
Royal
Society of Fellows Law Review and shall be responsible
for interpreting this Constitution and the By-Laws. The chairman
of the Editorial Review Board shall be the Editor-in-Chief, whom
shall have various rights, duties and responsibilities as delineated
in the By-Laws.
Section 11.
All Members of the Royal
Society of Fellows Law Review shall have writing,
proofing, and editing duties as specified in the By-Laws.
Section 12.
All Members of the Royal
Society of Fellows Law Review shall abide by the
Standards of Professional Conduct of the legal profession as delineated
by the American Bar Association, and will abide by the Honor Code
of the St. Thomas University School of Law.
Section
13.
It
shall be the policy of the Royal
Society of Fellows Law Review to support equality
of opportunity. No person shall be denied Membership in the Royal
Society of Fellows Law Review or participation
in any of its activities, including publication, on the basis
of any legally prohibited discrimination involving, but not limited
to, such factors as race, color, creed, religion, national or
ethnic origin, sex, sexual orientation, age, or handicap. Sexual
harassment is an act of discrimination and, as such, will not
be tolerated.
Section
14.
To improve the overall quality of its publication, the Royal
Society of Fellows Law Review hopes to expand
its Membership to include persons from traditionally underrepresented
groups, as well as persons with diverse viewpoints.
Article IV – Officers / Editorial Review Board
Section 1.
The
Royal
Society of Fellows Law Review shall have the following
officers: one Editor-in-Chief, one Managing Editor, one Executive
/ Technological Editor. All officers shall be Members of the Editorial
Review Board.
Section
2.
The Editor-in-Chief shall have overall responsibility for publishing
the Royal
Society of Fellows Law Review and shall be the
Chief Executive Officer of the Royal
Society of Fellows Law review and the Chairman
of the Editorial Review Board. The duties, responsibilities and
rights of the Editor-in-Chief shall be delineated in the By-Laws.
Section 3.
The Managing Editor shall be the administrative officer of the
Royal
Society of Fellows Law Review and shall assist
the Editor-in-Chief in his editorial duties as directed by the
Editor-in-Chief. In the event of the temporary absence or incapacity
of the Editor-in-Chief, the Managing Editor shall assume responsibility
for the publication of the Royal
Society of Fellows Law Review , but only during
such absence or incapacity.
Section
4.
The
Executive/Technology Editor shall share in the administrative
duties necessary in the production of the Royal
Society of Fellows Law Review and shall assist
the Editor-in-Chief in his editorial duties as directed by the
Editor-in-Chief.
Section 5.
The Staff Editors shall assist the Editor-in-Chief, Managing Editor,
and Executive/Technology Editor, in their administrative, writing,
and editing duties, as directed by the Editor-in-Chief, or as
may be directed by any designee of the Editor-in-Chief.
Section 6.
The administrative, writing, editing, or any other duties necessary
for the processing, production and publication of a manuscript
on behalf of the Royal
Society of Fellows Law Review , or in respect
to any organizational function of the Royal
Society of Fellows Law Review , shall be divided
amongst the Members of the Editorial Review Board and the Staff
Editors, as directed by the Editorial Review Board, subject to
approval by the Editor-in-Chief.
Section
7.
Each
officer of the Royal
Society of Fellows Law Review has the affirmative
duty and responsibility to train and instruct the successor to
that office in the proper performance of the duties of his office.
Section 8.
Each
officer of the Royal
Society of Fellows Law Review has the affirmative
duty and responsibility to share their knowledge with Staff Editors
in respect to fundamentals of legal writing, legal research, legal
writing and legal analysis, so as to further their legal experiences
and legal scholarship.
Section 9.
All Officers of the Royal
Society of Fellows Law Review shall be made by
selection by the Editor-in-Chief with the advisement of the Faculty
Academic Advisors.
Section 10.
All Staff Editors of the Royal
Society of Fellows Law Review shall be made by
letter of invitation and through selection processes as outlined
in the By-Laws.
Section 11.
In the event an office of the Royal
Society of Fellows Law Review and Editorial Review
Board becomes vacant, the Editor-in-Chief shall call a special
meeting of the remaining members of the Editorial Review Board
for the purpose of filling such vacancy, subject to the advisement
of the Faculty Advisory Board and subject to the final selection
by the Editor-in-Chief.
Section 12.
No
officer, Member, or Staff Editor shall exercise editorial authority
over his or her own manuscript submitted for publicaiton. If the
Editor-in-Chief's note is being published, one of the Members
of the Editorial Review Board shall assume the responsibilities
of Editor-in-Chief for that manuscript submission.
Article V - Meetings
Section 1.
Any meeting as may be included or required per this Constitution
may be held either in person, or via telephone.
Section
2.
Any meeting as may be required by the Editor-in-Chief, necessary
to conduct the business of the Royal
Society of Fellows Law Review, may be held either
in person, or via telephone, upon the direction of the Editor-in-Chief.
Section 3.
Telephonic meetings may occur either with all Members on a conference
call, or may occur sequentially and coordinated by the Editor-in-Chief,
as may be decided upon by the Editor-in-Chief, or may be held
in any manner the Editor-in-Chief deems necessary so as to conduct
and conclude business necessary for the proper functioning of
the Royal
Society of Fellows Law Review .
Section 4.
Special meeting of the Members of the Royal
Society of Fellows Law Review shall be called
to consider amendments to this Constitution, upon the direction
of the Editor-in-Chief. The Editor-in-Chief shall call such meeting
by sending an email notice of such a meeting to all Members.
Section
5.
The Editor-in-Chief shall call such special meeting for amendment
of this Constitution upon the discretion of the Editor-in-Chief,
or upon recommendation of the Editorial Review Board of a proposed
amendment pursuant to this Constitution.
Section 6.
Except as may be otherwise specified in this Constitution or in
the By-Laws, all questions or votes in respect to any meeting,
shall be decided upon by majority vote of those present and eligible
to vote.
Section
7.
No
proxies shall be permitted at any meeting of the Royal
Society of Fellows Law Review .
Section
8.
Nothing
in this Constitution or in the By-Laws shall prohibit the holding
of any meetings among Editors, or Staff Editors, for the purpose
of discussing any matters pertaining to the production or publication
of a manuscript of the Royal
Society of Fellows Law Review.
Article VI – Resignation and Removal
Section 1.
An
Editor, Member of the Editorial Review Board, or Staff Editor
may resign from the Royal
Society of Fellows Law Review by submitting a
resignation in writing to the Editor-in-Chief.
Section
2.
The Editor-in-Chief may resign by submitting a letter of resignation
in writing to the Faculty Advisory Board.
Section 3.
An
Editor-in-Chief may be removed from the Royal
Society of Fellows Law Review for:
(a). being convicted of an Honor Code violation by a Student Bar
Association of the Law School; or of any committee of the student’s
law school of attendance;
(b). failing to perform satisfactorily the duties and responsibilities
as required by this Constitution of By-Laws.
Section 4.
Any Officer, Editor, Editorial Review Board Member, or Staff Editor
may be removed from his office or from the Royal
Society of Fellows Law Review for failure to perform,
in good faith, the duties of his office, or of an editor or staff
editor, upon the recommendation and approval of the Editor-in-Chief,
for
(a). being convicted of an Honor Code violation by a Student Bar
Association of the Law School; or of any committee of the student’s
law school of attendance;
(b). failing to perform satisfactorily the duties and responsibilities
as required by this Constitution of By-Laws.
Section 5.
Removal of an Officer, Member of the Editorial Review Board, or
Staff Editor, shall take place at a special meeting of the Editorial
Review Board, called for that purpose, and all decisions of that
special meeting shall be subject to the approval of the Editor-in-Chief.
Any Officer, Member of the Editorial Review Board, or Staff Editor
whose removal is being considered shall be afforded notice and
the opportunity to be heard, including the right to be represented
at such meeting by a representative of his own choosing.
Section 6.
The Officer, Member of the Editorial Review Board, or Staff Editor
whose removal is being considered shall be removed only if two-thirds
of all editors vote to remove, and upon the recommendation of
the Editor-in-Chief.
Article VII - Amendments and By-Laws
Section 1.
This
Constitution may be amended only in accordance with the following
procedure:
(a). The Editor-in-Chief, but only upon the approval of the Faculty
Advisory Board, may amend this Constitution so as to assure ongoing
business-like operations and management of the Royal
Society of Fellows Law Review .
(b). Any proposed amendment must be presented to the Editor-in-Chief
in writing, who must then assure that the proposed amendment is
delivered to the Members of the Royal
Society of Fellows Law Review.
(c). A proposed amendment shall be introduced at a specially called
meeting by the Editor-in-Chief, as proposed by unanimous decision
of the Editorial Review Board.
(d). A proposed amendment shall be voted on at a specially called
meeting by the Editor-in-Chief, where all Members of the Royal
Society of Fellows Law Review are invited to attend
such special meeting called for the purpose of considering such
amendment.
(e). At such meeting the amendment shall be approved if approved
by two-thirds of the total membership present at that specially
called meeting. The approved amendment shall then become immediately
effective.
Section 2.
By-Laws
and amendments to the By-Laws shall be adopted by the Editorial
Review Board at a duly called meeting and shall become effective
when approved by the Editor-in-Chief.
Article
VIII - Ratification
Section 1.
This constitution shall constitute a quorum, or alternatively,
as may be provided for in the By-laws of teh Royal Society
of Fellows Law Review become immediately effective when
approved by two-thirds of the total membership of the Editorial
Review Board at a meeting called for that purpose, at which the
Editor-in-Chief is present at that meeting, and at which two-thirds
of the total membership of the Editorial Review Board, inclusive
of Editor-in-Chief, shall constitute a quorum.
Section
2.
Upon
effectiveness of this Constitution, all Members shall retain their
status as Editors or Staff Editors, and Officers shall continue
to serve until expiration of their terms. Any current procedures
not inconsistent with this Constitution may remain in effect pending
the adoption of By-Laws.
Article
IX - Interpretation
Ambiguities
found in this Constitution shall be subject to the interpretation
of the Editor-in-Chief as to meaning; provided, however that any
interpretation of the Editor-in-Chief may be overruled by a two-thirds
(2/3) vote of all Members of the Royal
Society of Fellows Law Review and a unanimous vote
by the Faculty Advisory Board.
Article
X - Dissolution
The
Royal
Society of Fellows Law Review organization may be
dissolved after dissolution is approved by all of the Officers and
by a two-thirds (3/5) vote of its all of its Members, provided that
notice of a vote on dissolution will be taken is furnished to the
Members at least sixty days before the vote is taken.
Article
XI - Grievance
A
Grievance Committee may be constituted each year as provided in
the By-laws, or upon the recommendation of the Editor-in-Chief.
Ratified, March 9, 2003
Thomas A. Gionis, MD JD MBA MHA FICS FRCS
Editor-in-Chief, Royal Society of Fellows Law Review
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