FIU LAW REVIEW
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EFFECTIVE JUNE 2024
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FIU Law Review Bylaws June 2024
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TABLE OF CONTENTS
I. PREAMBLE ............................................................................................................................... 4
II. DEFINITIONS ............................................................................................................................ 4
III. GUIDING PRINCIPLES AND DOCUMENTS ............................................................................... 4
IV. JOINING THE LAW REVIEW ................................................................................................... 5
A. ELIGIBILITY ......................................................................................................................... 5
1. Generally ..................................................................................................................................................... 5
2. GPA and Curricular Prerequisites ............................................................................................................... 5
3. Full-time students Exception ...................................................................................................................... 6
4. Part-time students........................................................................................................................................ 6
5. Transfer students ......................................................................................................................................... 6
6. Advanced Standing Students ...................................................................................................................... 6
B. SELECTION ........................................................................................................................... 7
1. Training Program ........................................................................................................................................ 7
2. Transfer Students ........................................................................................................................................ 7
C. INVITATIONS ........................................................................................................................ 7
1. Number ....................................................................................................................................................... 7
2. Time ............................................................................................................................................................ 7
3. Acceptance .................................................................................................................................................. 8
V. CREDIT REQUIREMENTS ........................................................................................................... 8
VI. SELECTION OF EDITORIAL BOARD ....................................................................................... 8
A. QUALIFICATIONS.................................................................................................................. 8
B. EXPECTATIONS .................................................................................................................... 8
1. Time ............................................................................................................................................................ 8
2. Engagement................................................................................................................................................. 9
3. Curricular and Extracurricular Commitments ............................................................................................ 9
C. ELIGIBILITY ......................................................................................................................... 9
D. SELECTION ........................................................................................................................... 9
E. NOTIFICATION OF APPOINTMENT RESULTS ........................................................................ 10
F. TRANSITION ....................................................................................................................... 10
G. RESIGNATIONS AND VACANCIES ........................................................................................ 10
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1. Resignations .............................................................................................................................................. 10
2. Vacancies .................................................................................................................................................. 11
VII. SANCTIONING MEMBERS ................................................................................................... 11
A. GENERALLY ....................................................................................................................... 11
B. STAFF MEMBERS................................................................................................................ 11
C. ARTICLES EDITORS ............................................................................................................ 11
D. EXECUTIVE EDITORS .......................................................................................................... 11
E. ACADEMIC PROBATION OR STUDENT MISCONDUCT .......................................................... 11
1. Minor Violations ....................................................................................................................................... 12
2. Formal Sanctions ...................................................................................................................................... 12
VIII. PUBLICATION OF STUDENT WORKS ................................................................................... 15
A. STAFF MEMBER COMMENTS .............................................................................................. 15
B. OTHER FIU LAW STUDENT WORKS ................................................................................... 15
C. PUBLICATION SELECTION PROCEDURE AND CRITERIA ....................................................... 15
D. RIGHT OF FIRST REFUSAL .................................................................................................. 15
IX. AMENDMENTS .................................................................................................................... 15
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I. PREAMBLE
The FIU Law Review Bylaws implement the FIU Law Review Constitution and FIU Law
Academic Policies and Procedure. The Constitution, Bylaws, FIU Law Student Code of Conduct,
and FIU Law Academic Policies and Regulations should be read together consistently.
II. DEFINITIONS
The following definitions apply throughout the Bylaws:
1. The Editorial Board includes the Executive Editorial Board and Articles Editors; referred
to as “Board,” “Board Members,” or “Editors.”
2. The Editorial Board (EB) consists of all Editors.
3. The Executive Editorial Board (EEB) consists of all Executive Editors.
4. “FIU Law Review” (Law Review) is the flagship legal scholarship journal of the FIU
College of Law.
5. “Foundation Curriculum” is defined by the FIU Law Faculty Curriculum Committee.
6. “In consultation with” means that the body that is consulted will review the decision for
abuse of discretion, unless academic credit is the resulting effect of such consultation.
When this term regards consultation with the Law Review Faculty Advisor &
Administrator (LRFA), the LRFA shall have a veto power over the decision; however, such
veto power shall be for abuse of discretion except when determining academic credit.
7. Law Review Faculty Advisor & Administrator (hereinafter “LRFA”) are appointed by the
Dean and serve as provided in the FIU Law Review Constitution.
8. “Student Comment” refers to any articles, comments, or notes produced by a Member as
part of the writing requirement.
III. GUIDING PRINCIPLES AND DOCUMENTS
FIU Law Review Members must follow the following governing documents:
▪ Constitution,
▪ Bylaws,
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▪ Syllabus,
▪ Student Handbook, and
▪ Credit Requirements Acknowledgment.
IV. JOINING THE LAW REVIEW
A. ELIGIBILITY
1. GENERALLY
a. Students unable to commit to at least four (4) semesters of membership
are not eligible for admission to Law Review, except for Advanced
Standing and Transfer students.
b. Students on Academic Probation are not eligible for admission to Law
Review.
c. Student program status is determined based on the program of
acceptance at the time of first registration at FIU College of Law.
d. The LRFA may deem students sanctioned for misconduct in accordance
with FIU College of Law Student Handbook to be ineligible for
admission to Law Review.
e. The first ranked student in the full-time and part-time programs will be
extended an invitation to FIU Law Review if they otherwise meet all
eligibility requirements and satisfactorily complete the Training
Program.
2. GPA AND CURRICULAR PREREQUISITES
a. Students must have an overall 2.67 cumulative grade point average
(GPA) based only on curved classes,
b. a 2.67 GPA in their Legal Skills & Values I and II classes, and
c. completed the FIU College of Law foundation curriculum.
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3. FULL-TIME STUDENTS EXCEPTION
a. If a full-time student is extended an invitation to join Law Review but
does not have the required overall GPA at the time of invitation, that
student will be given the opportunity to raise their GPA either (1) by the
end of the summer semester (computed using curved classes only); or
(2) by the end of the Fall semester immediately following the invitation
(computed using curved classes only). If the student raises their GPA by
the end of the Summer semester, they may participate in Law Review
as a Staff Member beginning that Fall. If the student raises their GPA
by the end of the Fall semester, they may participate in Law Review as
a Staff Member beginning that Spring.
b. Students must have completed the Foundation Curriculum. However, if
a student did not take a foundation course because he or she took Legal
Reasoning in lieu of that foundation course, but that student has
otherwise completed the Foundation Curriculum, that student is eligible
to join Law Review.
4. PART-TIME STUDENTS
Part-time students are eligible to join Law Review after they have completed the Foundation
Curriculum. Part-time students must have an overall 2.67 cumulative GPA (based only on curved
classes) and a 2.67 GPA in their Legal Skills & Values I and II classes by the end of the fourth
semester. Part-time students must have the required GPA at the time of invitation.
5. TRANSFER STUDENTS
Full-time transfer students are eligible to join FIU Law Review during the Transfer Training
Program. Part-time transfer students are eligible to join FIU Law Review during the Spring
Training Program as members of the part-time student cohort.
Transfer student eligibility is altered as follows: Transfer students must have achieved a
cumulative GPA of 3.25 at their prior school and received an A or A- grade in their prior school’s
legal writing courses.
6. ADVANCED STANDING STUDENTS
Advanced standing students are invited to join FIU Law Review on an ad hoc basis after review
by the LRFA.
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B. SELECTION
1. TRAINING PROGRAM
Full-time students must participate in the FIU Law Review training program in the Spring of their
first year of enrollment. Part-time students must participate in the Law Review training program
in the Spring of their second year of enrollment. Transfer students in the full-time program must
complete the training program before the start of Fall semester at FIU Law.
The LRFA will consult with the Director of the Legal Skills and Values program and create an
index of scores from LSV II. Students will be offered invitations, provided they have completed
the required training, in rank-order based on that index. The top full-time students as calculated at
the end of the second (2
nd
) semester and top part-time students as calculated by the grades received
in the Foundation curriculum will be extended an invitation provided they have completed the
required training program.
2. TRANSFER STUDENTS
a) Generally
Transfer Students must be admitted and matriculated at FIU Law by July 15
th
of the year of
application to FIU Law. FIU Law Review reaches out to transfer students eligible for membership.
b) Transfer Student Training Program
Full-time transfer students must complete the FIU Law Review Membership Training Program by
the beginning of the Fall semester of their admission to FIU Law.
C. INVITATIONS
1. NUMBER
The EEB will determine the number of invitations extended based on the staffing requirements of
FIU Law Review.
2. TIME
Invitations to join FIU Law Review will be extended as determined by the LRFA.
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3. ACCEPTANCE
Students invited to become Staff Members shall notify the EEB of their decision to accept the
invitation no later than the date indicated on the invitation. Students invited to become Staff
Members who do not accept the invitation by the date indicated, or who do not respond to the
invitation, will be presumed to decline the invitation to join FIU Law Review. The EEB has the
discretion to allow a late acceptance.
V. CREDIT REQUIREMENTS
All FIU Law Review members are required to take FIU Law Review courses and register for
associated credits. Membership starts in the Fall semester; for full-time students in their 2L year
and for part-time students in their 3L year. Students automatically will be registered based on their
membership status. Members can choose, and are highly encouraged, to take the summer course.
Executive Board Members are required to take summer credits.
VI. SELECTION OF EDITORIAL BOARD
A. QUALIFICATIONS
All Editors must exemplify the following qualities: excellent command of grammar and
composition; excellent editorial and citation skills; attention to detail; good understanding of the
current state of the law in many subjects; an ability to work with fellow students and faculty
members; strong organizational skills; strong time management skills; honesty and integrity; and
a strong devotion to producing an excellent Law Review. Additionally, Editors should have the
ability to: supervise others; work with outside authors who are writing articles for the Law Review;
set and enforce deadlines; and offer constructive criticism.
B. EXPECTATIONS
1. TIME
Each Editor must be able to serve a term of three (3) semesters beginning the last day of classes in
the Spring semester. Staff Members selected to become Editors are expected to serve for the full
academic year.
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2. ENGAGEMENT
An Editor must be readily available and must engage in substantial Law Review editorial work
and production during the summer, fall, and spring semesters. The work level of an editorial
position often exceeds the time contemplated by the number of class credits taken.
3. CURRICULAR AND EXTRACURRICULAR COMMITMENTS
Editors are permitted to participate in curricular and extracurricular activities. However, those
commitments shall not conflict or supersede the Editor’s responsibilities and duties to the FIU Law
Review. Editors cannot hold an editorial position on any other journal.
C. ELIGIBILITY
1. To be eligible for an editorial position, a candidate must be a Staff Member of
FIU Law Review in good standing who has successfully completed at least one
(1) semester on the FIU Law Review and has met such qualifications as may be
specified by the EEB, in consultation with the LRFA.
2. Staff Members who are also members of other journals are not eligible for any
editorial position.
3. Staff Members on Academic Probation are not eligible for any editorial
position.
4. Staff Members sanctioned for misconduct in accordance with §7.01 of the FIU
College of Law Student Handbook are not eligible for any editorial position.
No member may hold more than one editorial position.
D. SELECTION
Incoming editors will be selected by the following process:
1. The Board Application Assignment will be published in the Fall semester
containing that year’s application requirements and procedure.
2. Interested Staff Members must submit the requested documents: a cover page,
a resume, cover letter, a list of two (2) faculty references, and a list of the
editorial positions they are interested in, indicating the order of their preference.
Interested Staff Members must also sign up for an interview. Interested Staff
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Members must also request a waiver from the FIU Office of Student Conduct
& Academic Integrity.
3. The EB must complete interview best practices training before voting on the
incoming positions.
4. The EB will then meet and review all applications and interview each applicant.
5. The EB will then elect the new EB by secret ballot. Appointment to any position
requires a majority vote of those Editors who participated in the selection and
interview process.
E. NOTIFICATION OF APPOINTMENT RESULTS
1. The Editor in Chief (EIC) will notify the LRFA of the appointment results
before publicizing.
2. The LRFA may veto any appointment.
3. The EIC will then notify the applicants of the position they have been
appointed. The appointed Members must accept or reject the position by the
date indicated in the appointment offer.
F. TRANSITION
1. The new EB takes office on the last day of classes during the Spring semester.
The incoming EB will work with the outgoing EB in a transition and training
period from the time of appointment until the end of the Spring semester.
2. Following the appointment of the incoming EB, the incoming and outgoing EB
will meet to discuss operation of FIU Law Review for the upcoming year. The
new EB is expected to work closely with the outgoing EB during the Spring
semester.
G. RESIGNATIONS AND VACANCIES
1. RESIGNATIONS
Editors may resign their position and thereby return to the status of Staff Member on FIU Law
Review. The nature and timing of the resignation will be evaluated by the LRFA when the LRFA
decides whether to grant academic credit for the Member’s participation on FIU Law Review.
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2. VACANCIES
If an EB position becomes vacant, the appropriate selection provisions above apply.
VII. SANCTIONING MEMBERS
A. GENERALLY
Staff Members must not permit employment activities or other co- or extra-curricular activities to
adversely affect or otherwise interfere with their ability to complete their required duties in an
efficient, effective, and timely manner.
All Staff Members must attend all required meetings and events. Exceptions may only be granted
by, and at the sole discretion of, the LRFA due to medical emergencies or other extraordinary
circumstances, or religious holidays with sufficient notice as provided in the course Syllabus.
B. STAFF MEMBERS
Staff Members who fail to complete assignments, fail to submit assignments in a timely manner,
or otherwise fail to comply with the requirements of membership may be sanctioned.
C. ARTICLES EDITORS
Articles Editors who fail to complete their editorial responsibilities, fail to submit assignments in
a timely manner, or otherwise fail to comply with the requirements of membership may be
sanctioned.
D. EXECUTIVE EDITORS
Executive Editors who fail to execute their editorial responsibilities in a timely or complete manner
or otherwise fail to comply with the requirements of membership may be sanctioned.
E. ACADEMIC PROBATION OR STUDENT MISCONDUCT
Placement of any Staff Member on Academic Probation or sanction for misconduct by FIU or FIU
Law during a Staff Member’s tenure on FIU Law Review may result in sanctions. These cases will
be referred directly from the FIU Law Administration to the LRFA for consideration under a
hearing authorized to impose suspension or dismissal.
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1. MINOR VIOLATIONS
a. Any Staff Member on the EEB may recommend to the EIC that he or
she issue a “strike” for any Member for a minor violation. A strike is
appropriate to document a failure to meet standards that does not alone
warrant formal sanctions, and a strike is not a sanction for purposes of
awarding credit as described in the Constitution.
b. Following a strike recommendation, the EEB should consult the
Member Handbook; the FIU Law Review Constitution, Bylaws, and
Executive Handbook; and the FIU College of Law Student Code of
Conduct to determine whether the Member has failed to meet standards.
c. Prior to issuing a Staff Member’s first strike, the EIC must speak in
person or telephonically with the Staff Member to explain the strike
system generally and the reason for the specific strike.
d. The EIC may, in their discretion, issue a strike by notifying the Member
in writing of the strike and internally recording the strike.
e. Members may not appeal strikes.
2. FORMAL SANCTIONS
Formal sanctions include, but are not limited to, oral or written admonition or reprimand, demotion
from position of responsibility to Staff Member, suspension, or dismissal. The decision by the
LRFA to not award academic credit as described in the Constitution is not a sanction within the
meaning of this section.
Formal sanctions are appropriate for repeated, minor failures to meet standards or for major
infractions. The EEB should consult the Member Handbook; the FIU Law Review Constitution,
Bylaws, and Executive Handbook; and the FIU College of Law Student Code of Conduct to
determine whether the Staff Member has failed to meet standards.
a) Good Cause for Formal Sanctions
Good cause for imposing sanctions includes but is not limited to:
1. Failure to complete an assignment in a timely and effective
manner;
2. Failure to attend mandatory meetings and events;
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3. Failure to fulfill their responsibilities as enumerated above;
4. Unethical or dishonest conduct;
5. Conduct that adversely affects FIU Law Review or the editing
process;
6. Insubordination;
7. Violation of the Student Code of Conduct; and
8. Academic probation or sanction for misconduct by the FIU
College of Law administration.
b) Procedure
(1) Initiation
Any Staff Member on the EEB may initiate proceedings to sanction any Staff Member for
exceptional failure to meet standards. The EEB must also initiate sanction proceedings for any
Staff Member issued a third strike. The EEB must notify the LRFA of any misconduct which could
merit suspension or dismissal.
(2) Hearings not authorized to suspend or dismiss.
a) Proceedings must be initiated by written submission to
the EEB and the Staff Member facing sanction stating
the reasons for sanction and the recommendation (e.g.
demotion, probation, etc.).
b) The EIC will preside over any sanctions hearing. The
Executive Managing Editor will assume the EIC’s role
during proceedings if the EEB seeks to sanction the EIC.
The Staff Member will be given an opportunity to
present any relevant facts or circumstances as to the
commission of the offense or the appropriate sanction.
c) The EEB must vote as to whether the offense occurred
by a preponderance of the evidence, and if the offense
did occur, what the appropriate sanction should be. Both
steps require a two-thirds vote of the EEB.
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d) Members who are sanctioned may appeal that the EEB
abused its discretion, in writing, within thirty days, to the
LRFA.
e) Within ten days of the appeal, the LRFA will review
evidence supporting the EEB’s decision to impose
sanctions as well as the appellant’s evidence supporting
the appeal. The LRFA will review the EEB’s decision
for abuse of discretion. Following this review, the LRFA
will affirm the EEB’s decision or direct the EEB to
reverse the sanctions. The LRFA must notify the EEB
and the appellant of its recommendation in writing,
within ten (10) days of the decision. The decision of the
LRFA is final.
(3) Hearings authorized to suspend or dismiss.
a) The LRFA will preside over hearings authorized to
suspend or dismiss a Staff Member. Any sanction,
including those less severe than suspension or dismissal,
are authorized at these hearings. The Staff Member will
be given an opportunity to present any relevant facts or
circumstances as to the commission of the offense or the
appropriate sanction.
b) The LRFA may take into consideration factors such as
grade point average, unique circumstances of the Staff
Member, current FIU Law Review work product, and
any other relevant factor in determining the appropriate
sanction.
c) The LRFA must decide as to whether the offense
occurred by a preponderance of the evidence, and if the
offense did occur, what the appropriate sanction should
be. The decision of the LRFA is final.
c) Probation Status
If a Staff Member is placed on probation, the Staff Member shall have one (1) semester to improve,
remain free of violations, or both. After one semester on probation, the body that imposed the
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sanction may lift the probation with no further notice to the Staff Member. If the Staff Member
has not improved or has committed additional violations, the body may pursue further sanctions
consistent with these procedures listed above.
VIII. PUBLICATION OF STUDENT WORKS
A. STAFF MEMBER COMMENTS
All Staff Members are required to submit a comment of publishable quality as part of their
membership requirements.
B. OTHER FIU LAW STUDENT WORKS
Student-authored works written for an FIU Law seminar course may be considered for publication
upon the recommendation of the professor. These works will be evaluated with the Staff Member
comments as described above.
C. PUBLICATION SELECTION PROCEDURE AND CRITERIA
Comments will be reviewed and selected for publication through a process as determined by the
LRFA. Comments will be evaluated using the students’ blind IDs. The evaluation criteria are:
quality of writing; contemporaneity of the area of interest; novelty of argument; and likelihood of
being referenced by those in the field.
D. RIGHT OF FIRST REFUSAL
The FIU Law Review retains the right of first refusal for all Comments submitted for publication
consideration.
IX. AMENDMENTS
The policies established in these Bylaws are binding on FIU Law Review. Material provisions may
be amended only by a majority vote of the Staff Members of a committee designated by the Dean
of the College of Law for such a purpose. Non-material provisions may be amended by the LRFA.
The EIC may recommend amendments to the LRFA.
