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Law Reviews

http://law.lclark.edu/law_reviews/

Animal Law Review

Purpose

Animal Law is the nation’s first and only law review devoted entirely to the discussion of legal issues relating to animals. Now in its eleventh year, this yearly review has gained national recognition, boasting a circulation of over 1400 copies. Animal law is a cutting-edge area of the law that is experiencing an explosive growth of activity throughout the country and the world. Animal legal issues including such topics as endangered species, companion animals sitting on death row and animal cloning are increasingly entering public debate. Animal Law is dedicated to providing a balanced, scholarly legal forum for discussing these topics. With the help of our faculty advisors and a distinguished national board of advisors, we will continue to publish timely, quality articles addressing this dynamic area of the law.

Admission

Animal Law provides a practical and enriching experience for every law student. First year students have a unique opportunity to volunteer with the Law Review. Duties include checking sources, as well as completing initial substantive and technical edits. First year volunteers may be invited to work for Animal Law in their second year, without participating in the writing and editing competition, if they have demonstrated excellent performance.

For entering second, third or fourth year students, Animal Law offers an anonymous annual writing and editing competition to select new members. Students who are ranked in the top of their class are invited to contribute toAnimal Law without participating in the writing and editing competition. Transfer students should contact the Law Review for special instructions.

Upper-division members may act as Associate Editors or Board members. Associated Editors oversee one manuscript per year. Tasks included editing, managing source-checkers, and communicating with authors. Two Associate Editors are chosen each year to write for Legislative Review, in lieu of some typical Associate Editor responsibilities. Legislative Review authors research and write on changes and progressions of Animal Law at the state and federal level, for publication in the journal. All Associate Editors may elect to receive up to two credits per year.

The existing Editorial Board elects an incoming board by majority vote, following input by the entire Animal Law staff. Positions include Editor-in-Chief, Managing Editor, Articles Editor, Form and Style Editor, Legislative Review Editor, and Business Editor. Board members may elect to receive two credits per year as second year students, and four credits per year as third and fourth year students. The Editor-in-Chief may elect to receive up to six credits per year.

The entire staff may distribute their credits between the fall and spring semesters as they choose. Credit will be given for accurate, thorough work that is completed on time. Academic credit for participation in Animal Law is acknowledged on transcripts and in the commencement program.

Environmental Law Review

Admission

Students may either “Write On” or “Grade On” to ELR.

     A.   Writing On to ELR

The Executive Board and the Notes & Comments Editors shall hold an anonymous writing competition each year to select new ELR members. Prospective second-, third-, or fourth-year students must have a minimum grade point average of 2.3 to be admitted to ELR. The content of the writing competition is within the discretion of the Editor in Chief in consultation with the Notes & Comments Editors and may change from year to year. The competition may or may not be held in conjunction with the other law reviews at the discretion of the Editor in Chief in consultation with the Notes & Comments Editors.

The Ninth Circuit Review Editor selects five outstanding papers from the writing competition entries. Authors of the selected papers sit on the Ninth Circuit Review. Each Ninth Circuit Review Member is expected to write case summaries and a chapter of publishable quality for the annual Ninth Circuit Review issue of Environmental Law.

At his or her sole discretion, the Editor in Chief may extend the writing competition deadlines because of special circumstances encountered by an applicant.

    B.    Grading On to ELR

Prospective second-year day and evening students who are ranked at the top of their first-year classes shall be invited to serve on ELR without the necessity of completing a writing competition entry. The class ranking percentage will be set on an annual basis at the discretion of the Executive Board. Failure to accept an invitation pursuant to this section is not a bar to admittance under paragraph A.

    C.    Transfer Students

Transfer students may not grade on to ELR. Interested transfer students must complete Lewis & Clark’s writing competition packet and be subject to the same review process undergone by Lewis & Clark students during the summer competition. At his or her sole discretion, the Editor in Chief may extend the writing competition deadlines because of special circumstances encountered by a transfer student.

    D.    Generally

1)    All applicants accepted to ELR must agree to satisfy the Performance Standards described below. ELR expects new Members to make a two-year commitment, with the exception of new Members who are in their final year of law school, in which case, the commitment is through graduation.

 2)    Visiting students are not eligible for membership in ELR. Membership is limited to those students who expect to receive their J.D. from Lewis & Clark Law School.

Performance Standards

All ELR members are responsible to satisfy the Professionalism Standards that appear in the ELH and completing the task assignments for their positions as detailed in the ELH. Basic requirements for satisfactory performance are described here.

    A.   Responsive Communication and Deadlines

All ELR members, must attend all required meetings, meet all deadlines, and respond to email inquiries from the Editor in Chief or Managing Editors within a reasonable period of time, generally 48 hours. Where exceptional circumstances exist, the ELR member is accountable to make reasonable arrangements in advance.

    B.    Power Weekends

At a minimum, Members must attend one “Power Weekend” per academic year, while the Editorial Board must attend one “Power Weekend” during the summer, fall, winter, and spring. The Executive Board has discretion to require attendance at additional “Power Weekends” in order to meet ELR production requirements. If additional attendance is required, at least two weeks’ notice will be provided to ELR members.

    C.    Assigned Tasks and Criteria for Satisfactory Performance

 Each ELR position has specific duties, as noted above in Job Titles and Position Descriptions and as described in detail in the ELH. In addition, related tasks may be assigned in order to meet ELR production requirements.

           1)    Assigned tasks include, but are not limited to, editing text, source checking, galley proofing, page proofing, holding weekly office hours, completing work orders, administrative tasks, and any other duties identified in the member’s job description. Managing Editors may require a member to perform duties related to his or her position provided the additional work is reasonable, required within a reasonable timeframe, and is reasonably distributed across the ELR membership. The Editor in Chief may review additional duties assigned by the Managing Editors for reasonableness.

           2)    The Managing Editors, with the consent of the Editor in Chief, may develop incentive or penalty systems to encourage members to complete their assigned duties. Any incentive or penalty must be reasonable and must be enforced consistently across the ELR membership. The Editor in Chief shall review any such system for reasonableness and consistent application.

          3)    Performance is considered to be satisfactory when the work assigned is completed on time, is accurate, can be relied upon by other ELR members, meets ELR technical specifications for electronic compatibility, and is of the high quality traditionally associated with Environmental Law.

    D.   Paper Submission

Each ELR member must submit an original writing suitable for inclusion as a Note, Comment, or Ninth Circuit Review Chapter. The writing may have been produced for a law school course, as a Capstone, or independently. The writing must be on an environmentally related topic, broadly defined.

Any member may submit a paper dealing exclusively with a non-environmental topic with permission of the Editor in Chief. The Editor in Chief’s approval shall be at his or her sole discretion. 

All members shall complete the writing assignment prior to graduation.

Externships

ELR recognizes that externships are valuable opportunities for law students.

     A.   Eligibility

All members, with the exception of the Editor in Chief, may elect to participate in ELR while on a full-time externship upon approval of the Editor in Chief. The Managing Editors and Form & Style Editors may participate in externships if they are local to the Lewis & Clark area.  Students planning to do externships should notify the Executive Board as soon as possible before beginning the externship, with a written proposal which details how they will complete their law review duties while on externship.

     B.    Individual Externship Arrangements

Generally, ELR members on externships local to the Lewis & Clark area are expected to perform their duties.  For ELR members who are doing externships outside of the Lewis & Clark area, based on the specific circumstances of the externship, particularly location and proximity to legal research sources, the Managing Editors may approve an individualized work plan for each ELR member who will be on the externship.  Managing Editors may also consider the total number of members seeking externship arrangements in a particular semester when considering work reductions. Examples of variations include, but are not limited to:

          1)    Reduction or elimination in the number of required work order minutes

          2)    Reduction or elimination in the number of source checking assignments

          3)    Modification of source checking assignments to consist of online sources only

          4)    Substitution of additional duties to offset reduced obligations in other areas

          5)    Allowing an informal leave for the externship semester, with no academic credit earned and automatic reinstatement the following semester

All individual externship agreements shall be reduced to writing and maintained in the Managing Editors’ office.

    C.    Reasonableness and Consistency

           1)    Recognizing that there may necessarily be variations between individual externship arrangements, the Editor in Chief may review externship arrangements for reasonableness and consistency and may instruct the Managing Editors to revise individual externship arrangements.

           2)    Arrangements made between an ELR member who accepts an externship and the Managing Editors who approve the individual’s work plan shall be recognized and enforced by the Managing Editors and Editor in Chief in the following year.

 Removal

To ensure the continued high quality of ELR, all members must satisfy the Performance Standards set forth above, maintain a minimum grade point average of 2.3, and remain enrolled at Lewis & Clark Law School. Failure to satisfy these requirements at all times may result in removal. Any warnings or communications under this section will be specifically identified as such.

    A.   General Procedure: Members

 A Member who fails to fulfill his or her Performance Standards is subject to permanent removal from ELR

            1)    The first time the Member’s work does not meet the ELR Performance Standards the Member will receive an initial warning from a member of the Executive Board describing the shortcoming. The member may be required to meet with a member of the Editorial Board or take specific corrective action to correct the deficit.

            2)    The second time the Member’s work does not meet the ELR Performance Standards, the Member will receive a second warning from a member of the Executive Board. In addition, the Editor in Chief may recommend to the Faculty that the Member should not receive academic credits of up to half the credits for which the Member is eligible.

            3)    The third time the Member’s work does not meet the ELR Performance Standards, the Member may be removed from ELR by the Editor in Chief at his or her sole discretion. In concert with the removal , the Editor in Chief may recommend to the Faculty that the person should receive no ELR academic credit for the year.

    B.    General Procedure: Editorial Board Members

An Editorial Board member who fails to fulfill his or her Performance Standards is subject to permanent removal from ELR.

          1)    The first time the Editorial Board Member’s work does not meet the ELR Performance Standards the member will receive an initial warning from a member of the Executive Board. The Editorial Board Member will be required to meet with a member of the Executive Board to formulate a plan for improvement that includes a specific timeline for improvement. Executive Board members will address any problems encountered during the course of the plan for improvement.

          2)    If an Editorial Board Member’s work continues to fall below the ELR Performance Standards, the Editor in Chief may determine, at his or her sole discretion, which of the following two courses to take: 

                a)     The Executive Board may present a second warning to the member. If, after receiving this second warning, the member’s work continues to fall below the ELR Performance Standards, the Editor in Chief may recommend to the Faculty that the Editorial Board Member should not receive academic credits of half or all the credits for which the member is eligible.

               b)    The Editor in Chief may remove the member from ELR and may recommend to the Faculty that the Editorial Board Member should receive no academic credits for the year.

    C.    Exceptions to General Procedure

Notwithstanding the General Procedures described above, there may be circumstances in which a member is removed from ELR despite satisfying the performance requirements. With the agreement of both Managing Editors, the Editor in Chief has discretion to remove a member of ELR immediately and without following the General Procedures outlined above. In that circumstance, the Editor in Chief shall recommend to the Faculty that the person should receive no ELR academic credit for the year.

    D.   Removal of an Executive Board Member

Of the three incumbents on the Executive Board, any two may jointly call a “no confidence vote” to remove the third from his or her elected position. Notice of the no confidence vote shall be provided to the entire ELRmembership at least two weeks prior to the vote. If the election is not during the fall or spring academic term, arrangements shall be made for ELR members to vote remotely. Removal shall be by 3/4 vote of the participating ELR membership. Upon removal, a new election to fill the vacancy shall be held with reasonable promptness; in the interim the remaining two incumbents will jointly assume all the responsibilities of the removed incumbent. The two remaining incumbents shall jointly recommend to the Faculty that the person removed should receive no ELR academic credit for the year.

Readmission
    A.   Leaves of Absence

Any member in good standing who takes a leave of absence from the Law School shall be readmitted to the law review upon return to the Law School. Any member who does not meet the requirements of this section must reapply under the regular Admission procedures described above.

    B.    Removal from ELR

Any member who is removed from the law review for any reason except failure to maintain a minimum 2.3 grade point average shall not be eligible for readmission to the law review.

Any member who is removed from ELR for failure to maintain a minimum 2.3 grade point average shall be readmitted to the law review upon obtaining the minimum grade point average.

    C.    Other Cases

 In all other cases a member who leaves school or resigns must reapply under the Admission procedures described above. 

Academic Credit
    A.   Academic Credits by Position

          1)    The Editor in Chief, Managing Editors, and Form & Style Editors are eligible to receive six credits per year.

          2)    Other Editorial Board members are eligible to receive four credits per year.

          3)    ELR Members are eligible to receive two credits per year.

    B.    Distribution of Academic Credits

         1)    ELR members may decide to take fewer than the number of credits per year for which they are eligible. A member’s workload and responsibilities, as outlined the Performance Standards section, shall not change because a member chooses to take fewer credits or participate in other law school programs.

        2)    With the approval of the Editor in Chief, ELR members may distribute their credits unevenly across the Fall and Spring semesters. The Editor in Chief’s approval shall be at his or her sole discretion. A member’s workload and responsibilities, as outlined the Performance Standards section, shall not change because a member chooses to unevenly distribute academic credits.

    C.    Full Year Participation

Credit for participation in ELR is earned for each full year of service, even though it appears on academic transcripts by semester. The Editor in Chief recommends academic credits to the Faculty pursuant to these Bylaws.

         1)    If an ELR member has unevenly distributed academic credits, failure to satisfy the Performance Standards in one semester may mean that credit is not earned for the entire academic year, with the result that some or all academic credits may be withheld in the other academic semester to reflect accurately the member’s contribution to ELR for the academic year. The Executive Board shall confer before the Editor in Chief recommends a reduced number of academic credits for any ELR member.

         2)    Under exceptional and unpredictable circumstances, the Editor in Chief may award academic credit for a partial year of service. Generally, these situations will involve medical or family emergencies which prevent a member from fulfilling the Performance Standards. The member must petition the Editor in Chief for approval to earn credits for only a single semester of an academic year. The Editor in Chief’s approval shall be at his or her sole discretion.

    D.   Policies of the Lewis & Clark Registrar

All awards of Academic Credits are subject to Registrar policies, which are subject to change.[1] As of the date of this revision, Registrar policy requires Incomplete grades for Fall term when an ELR member has taken more than half of the academic credits for which they are eligible on an annual basis in the Fall term. Upon successful completion of all annual responsibilities at the end of the Spring term, the Incomplete will be changed to Credit grade.


[1]As of Spring 2015, the Registrar has a policy requiring Incomplete grades for law review members who distribute their law review credits unevenly by taking more than half of them in the fall term: “Students electing to allocate more than two credits for fall semester will receive an incomplete for fall semester until successfully completing all law review responsibilities for fall and spring semesters.”

Lewis & Clark Law Review

http://law.lclark.edu/law_reviews/lewis_and_clark_law_review/

Admission

Lewis and Clark Law Review (LCLR) will hold an anonymous writing competition each year to select new members. Prospective second, third, or fourth year students must have a minimum grade point average (GPA) of 2.30 to be admitted to LCLR. The Managing Board determines the form and content of the writing competition, and it may change from year to year.

The total number of students accepted to LCLR may vary from year to year. All applicants must agree to participate in LCLR for at least two semesters. Failure to meet this requirement constitutes grounds for denial of academic credit at the discretion of the faculty advisors.

Performance Standards

In order to remain a member in good standing, all members must satisfactorily perform assigned tasks within the allotted time period. Assigned tasks include, but are not limited to, source checking of manuscripts, editing of text, galley proofs, page proofs, and various administrative duties. Performance is considered satisfactory when the work assigned is completed on time, is accurate, is reliable for other LCLR members to use, and is of law review quality.

In addition to the above requirements, each first-year member must write a note or comment of publishable quality, as determined by the Managing Board. The underlying goal is for students to produce papers for potential publication in LCLR.

Each member of the Managing and Editorial Boards must satisfactorily perform the specified, assigned, or incidental duties of his or her particular position. Due to time pressures created by each program, no member of the Managing or Editorial Boards may participate as a teaching assistant in the legal writing program.

Removal or Suspension

All members must maintain a minimum GPA of 2.30 and must meet the specific performance standards set forth above. Failure to satisfy these requirements may result in removal. A member otherwise in good standing (as defined by the Law School in What’s What) may only be removed from LCLR upon failure to meet these requirements. A member who fails to fulfill the requirements set forth above is subject to suspension or permanent removal from LCLR at the discretion of the Managing Board and the faculty advisors. The faculty advisors shall make all final decisions regarding whether to permanently remove a member or discipline the member in some other manner acceptable to the Managing Board. If the faculty advisors permanently remove a member from LCLR, the student will not receive any LCLR academic credits for the year, and may not hold themselves out as a member of LCLR.

Any member who is removed from LCLR for failure to meet the performance standards or failure to satisfactorily complete a probationary period imposed by the Managing Board shall not be eligible for readmission. Any member who is suspended from LCLR for failure to maintain a minimum 2.30 GPA shall be readmitted upon obtaining the required GPA.

Externships

Members may elect to participate in LCLR while participating in an Externship program in the local area. Any member who participates in an Externship program accredited by the Law School shall be readmitted to LCLR upon return to the Law School. The following editors must agree not to participate in an Externship program: Editor in Chief; Executive Editor; and Managing Editors.

Leaves of Absence

Any member in good standing who takes a leave of absence from the Law School shall be readmitted to LCLR upon return to the Law School provided the member meets all the requirements set forth above under Performance Standards at the time the leave is taken. Any member who does not meet the requirement of this section must reapply under the regular admission procedures.

Credit

LCLR is a year-long commitment; members may not receive credit for one semester only, except at the discretion of the Managing Board. Credit is available as follows: The Editor in Chief is eligible to receive six credits per year. Managing Board members are eligible to receive four credits per year. Editorial Board members and Associate Editors are eligible to receive four to six credits per year, depending on the position. First-year members are eligible to receive two credits per year.

Any LCLR member may petition to take fewer than the maximum number of credits per year. A member’s workload and responsibilities shall not change because a member chooses to take fewer credits or to participate in other Law School programs.

Transfer Students

All transfer students must successfully complete the LCLR writing competition packet. Transfer students are subject to the same review process as Lewis & Clark students. The Managing Board has discretion to extend any writing competition deadline due to special circumstances encountered by a transfer student.

Amendment

Amendment of any portion of these standards shall be by two-thirds vote of the Managing and Editorial Boards.