BY-LAWS OF
THE
CHICAGO-KENT
COLLEGE OF LAW
(Last
Updated and Approved: 5/03/2006)
The following By-Laws have been adopted
by the Members of the International Law Moot Court Honor Society of the
Chicago-Kent College of Law (“the Society”) as the Governing Rules and
Regulations of the Society. The Society
has promulgated and adopted these By-Laws in order to ensure the continual
development of an exemplary scholastic organization devoted to written and oral
international advocacy.
ARTICLE I -- DEFINITIONS
1. Executive Board: The Executive Board shall consist of one (1)
President, one (1) Vice-President, and one (1) Treasurer.
2. General Board Members: General
Board Members shall consist of:
a. Team Captain Board Members : There shall be one (1) appointed
Team Captain for every team attending an
ILMCHS competition each
scholastic year. The Team Captain for each team will be chosen
after
Fall Candidacy and selected by the faculty
advisors and the Executive
Board.
4. General Membership (for voting
purposes): The General Membership
shall consist of:
a. Executive Board Members;
b. General Board Members;
c. Members who have been invited to join
ILMCHS through the Fall Candidacy process.
5. Quorum: A majority of the Society's membership
constitutes a quorum.
6. Decisions Called for by the Executive
Board: Such decisions shall require
the vote of a majority of the Board Members.
7. Notification by Reasonable Means: Reasonable notification shall consist of
sending an email to the membership.
ARTICLE II -- GOVERNMENT
SECTION
1 – EXECUTIVE AND GENERAL BOARDS
The Society shall be governed by an Executive Board
consisting of the President, Vice-President, and Treasurer.
SECTION
2 -- ELIGIBILITY FOR EXECUTIVE BOARD
To be eligible for a position on the Executive Board, a
student:
1. Must have successfully participated as
a Member of an international interscholastic competition;
2. Must be participate as a Member of an
international interscholastic competition during the year the Executive Board
member hold office;
3. If employed or engaged in other outside
activities within or outside of the College of Law, must restrict the number of
hours so engaged so that the duties as an Executive Board Member are not
impaired by other commitments, except as otherwise provided.
SECTION
3 -- APPLICATIONS FOR PRESIDENT
Each spring semester, the President, in conjunction with the
faculty advisors, shall administer the appointment of the following year's
President under the following guidelines:
1. The application and appointment process
shall begin no earlier than after the completion of the last Interscholastic
Spring Competition and end no later than the fourteenth (14th) week of the
spring semester;
2. The President shall notify Members of
the Society, by reasonable and sufficient means, that applications for
President will be accepted. The
President shall make available to all interested parties copies of Article II
of the Society’s By-Laws
3. Any eligible Member of the Society may
apply for President by notifying the current President via email;
4. If during the nomination period fewer
than two applications are received for President, the President shall post a
notice to the Society and allow at least an additional five (5) school days for
applications;
5. After the application period is closed,
the President shall post a list via email to the Society of those who have
applied and are eligible;
6. Applicants may submit to the Executive
Board resumes or personal statements, as required by the Executive Board;
7. If after this process no Member who
meets the qualifications to serve as President has applied, the Executive
Board, in consultation with the Faculty Advisors, shall determine a reasonable
expedient method of selecting the new President.
SECTION
4 -- APPOINTMENT OF THE PRESIDENT
1. The President shall be appointed from
among those who applied for and are eligible for the position of
President. Prior to the interviews, the
Executive Board shall contact Team Captains and Faculty Members who have
coached or otherwise worked with the Members who applied for President. The outgoing Executive and General Boards
shall interview each applicant individually and shall then meet in closed
session.
The President shall be appointed by a majority vote (4/6) of the full,
outgoing Executive and General Boards.
The General and Executive Boards must be present in their entirety for
the interviews of prospective candidates and for the balloting. The outgoing President shall be responsible
for supervising the interview process and conducting the vote by supplying,
distributing, retrieving, and counting the ballots, and announcing the results
of each ballot. Any ties in the voting
process will be broken by the outgoing President;
2. If at the conclusion of the application
process there is only one applicant for the office of President, election of
such applicant must be affirmed by a vote of confidence by a majority (4/6) of
the Executive and General Boards. Any
ties in the voting process will be broken by the outgoing President.
SECTION 5 --
APPLICATIONS FOR VICE PRESIDENTS
1. Concurrently with taking applications
for President, the outgoing President shall request via email to the Society
for application for the Vice President and Treasurer positions, to remain open
for at least five (5) school days. All
applicants may apply for both President and Vice President. Any applicant for President who has not been
appointed to that position will be considered for Vice President, provided that
applicant has applied for both positions.
All applicants for President not so appointed who would like to be
considered for the position of Vice President must participate in a second
interview. Treasurer positions must be
applied to separately;
2. Any eligible Member of the Society may
apply for Vice President or Treasurer by emailing the President;
3. After the application period is closed,
the President shall post a list via email to the Society of those who have
applied for Vice President and Treasurer;
4. Applicants may submit to the Executive
Board resumes or personal statements, as required by the Executive Board;
5. If after this process no Members who
meet the qualifications to serve as Vice President have applied, the Executive
and General Boards, in consultation with the Faculty Advisors, shall determine
a reasonable and expedient method of selecting the new Vice President and
Treasurer.
SECTION
6 -- APPOINTMENT OF VICE PRESIDENT and TREASURER
1. As soon as is practicable after the
election of the new President, the outgoing President shall call a meeting of
the outgoing Executive and General Boards and the newly elected President for
the purpose of interviewing and selecting a Vice President and Treasurer from
among those Members who have applied.
The outgoing President shall chair the interviews and supervise the
interview process. The Faculty Advisors
may also interview each applicant and consult with the outgoing Executive and
General Boards prior to the vote. The Executive Board shall contact, prior to
interviews, Members, General Board Members and Faculty Advisors who have
coached or otherwise worked with the Members who have applied for Vice
President and Treasurer;
2. Each Member of the outgoing Executive
and General Boards, as well as the incoming President, shall vote in the selection
of the new Vice President and Treasurer.
The voting shall occur in the following manner:
a. Each of the six (6) Executive and
General Board Members who are eligible to vote shall receive one (1) ballot for
vote of Vice President, and one (1) ballot for vote of Treasurer;
b. The outgoing President shall collect
and count the ballots. The person who
receives a majority of the votes for Vice President is elected to the Executive
Board as Vice President, and the person who receives a majority of votes for
Treasurer is elected to the Executive Board as Treasurer. The outgoing President shall have the
deciding vote in the event of a tie;
c. In the event there are no suitable
applicants for Treasurer, the Treasurer duties will be assumed by the President
and Vice President. Under these
circumstances, the incoming Executive Board may select a Treasurer from the
incoming Society members following the next fall candidacy.
SECTION
7 -- TERM OF OFFICE
1. Each Executive Board Member shall serve
one (1) term, from the expiration of the spring semester final exam period
immediately following the election to the expiration of the spring semester
final exam period in the following year.
At no time will more than one (1) person occupy the office of the President,
no more than one (1) person occupy the office of the Vice-President, and no
more than one (1) person serve as Treasurer;
2. In the event that the Vice President or
Treasurer is unable to complete the full term in office, the remaining
Executive and General Boards may select a replacement from among the remaining
eligible Members;
3. In the event that the President is
unable to complete the full term in office, the Vice-President shall fill the
role of the vacant President. The
Executive and General Boards may then select a replacement to fill the vacant
Vice President position.
SECTION
8 -- REMOVAL FROM OFFICE
1. The President, Vice President or
Treasurer may be removed from office pursuant to the following conditions:
a. A written petition requesting and
explaining the grounds for such dismissal and documenting the reasons for such
request is submitted to the Faculty Advisors and signed by at least two-third
(2/3) of the Members of the Society or a consensus of the Executive and General
Boards;
b. Upon receipt of the petition, the
Faculty Advisors will call a meeting of the Executive and General Boards for
the purpose of conducting a hearing; The
Faculty Advisors may call others to the meeting as he/she feels necessary to
conduct a full investigation into the matter.
The individual who is the subject of the petition is entitled to attend
the meeting.
c. A written decision including findings
of fact shall be submitted to the Society by the Faculty Advisors within a
reasonable time after the hearing. The
Faculty Advisors and the Executive and General Boards shall consult with each
other in reaching a final determination to which both agree;
d. The individual dismissed from his/her
position may request a review of the Society’s decision. After such a request, the Faculty Advisors
shall convene a panel consisting of the Members of the Committee of
International Moot Court Faculty Advisors and the Associate or Assistant Dean
for Academic Affairs to consider the request.
This panel shall conduct its investigation in whatever manner it sees
fit, and its decision shall be final.
SECTION
9 -- DUTIES OF THE EXECUTIVE BOARD
Subsection
A -- Duties of the President
The President shall:
1. Supervise, in conjunction with the
Faculty Advisors, the Vice President and Treasurer, and assist the Vice
President and Treasurer in the furtherance of their duties;
2. Participate during either the fall or
spring semester as a Member of an international interscholastic competition
team;
3. Arrange and preside over all meetings
of the Society or, in exceptional circumstances, appoint another individual to
preside over such meetings;
4. Prepare with the Faculty Advisors and
Treasurer an annual budget for the Society for the fiscal year beginning the
upcoming June first (1st) to be submitted to the Assistant Dean for
Administration and Finance;
5. Monitor, in conjunction with the
Faculty Advisors, Treasurer and Team Captains, all income and expenditures of
the Society during the academic year to ensure that the Society stays within
its stated budget;
6. Monitor, in conjunction with Team
Captains, and as necessary, maintain records of each Member's completion of
assignments;
7. Serve as liaison with the Faculty
Advisors and the College Administration;
8. Register the Society, unless so
delegated to a Team Captain or Faculty Advisor, on a timely basis for all
interscholastic competitions selected by the Executive and General Boards and
Faculty Advisors;
9.
Attend
all Chicago-Kent meetings, when necessary, as the student representative of the
Society or designate a replacement;
10. Keep the Society’s files and awards
collection updated;
11. Present a list of all current Members of
the Society to the College Placement Office at the beginning of each semester;
12. Serve as the host/hostess of all ILMCHS
sponsored functions;
13. Create/maintain a database of alumni who
desire who take an active role in ILMCHS (ie. Team Coaches, attending Team
practices). This database shall be
available to all Team Captains and Members;
14. Organize Society social events and
encourage Team Members to be available to offer advice and critiques to each
other;
15. Assist in the performance of those
functions described under Subsection B of this section;
Subsection B -- Duties of President and
Vice President
The President and Vice President of
the Society, with the consent and under the direction of the Faculty Advisors,
shall divide among themselves the following duties and responsibilities:
a. Participate during either the fall or
spring semester as a Member of an Interscholastic Competition Team;
b.
Organize
and administer a Fall Candidacy Competition each year;
c.
In
consultation with the Faculty Advisors and Treasurer, select the
Interscholastic Competitions, Team Members and Team Coaches and Team Captains;
d. Judge the Fall Candidacy Competition;
e. Attend all plenary, Executive Board,
General Board, and special meetings as required;
f. Grade briefs in the Fall Candidacy
Competition;
g. Assist in the selection of subsequent
Executive and General Board Members;
h. Select and prepare the Fall Candidacy
problem and bench brief with the assistance of the Faculty Advisors;
i.
Carry
out such other reasonable duties as assigned by the President in consultation
with the Faculty Advisors;
j. Orientate and prepare the incoming
Executive Board to take office and
perform all specified duties for
the upcoming scholastic year;
k. Submit ILMCHS articles to the Commentator on a regular basis;
l. monitor/delegate an information table at the
fall and spring student
organization fairs;
m. extensively recruit for fall candidacy;
n. generally promote acknowledgement of the Society’s accomplishments.
Subsection C
-- Duties of the Treasurer
a. Prepare,
in conjunction with the Faculty Advisors and President, an annual budget for
the Society for the fiscal year beginning the upcoming June first (1st) to be
submitted to the Assistant Dean for Administration and Finance;
b. Monitor, in conjunction with the
President, Vice President and Team Captains, all income and expenditures of the
Society during the academic year to ensure that the Society stays within its
stated budget;
c. In consultation with the Faculty Advisors,
President and Vice President, select the Interscholastic Competitions, Team
Members, Team Captains, and Team Coaches;
d. Judge the Fall Candidacy Competition;
e. Attend all plenary, Executive Board and
special meetings as required;
f. Grade briefs in the Fall Candidacy
Competition;
g. Assist in the selection of subsequent
Executive and General Board
Members;
h. Carry out such other reasonable duties as
assigned by the President in
consultation with the Faculty
Advisors.
SECTION 11 -- MEETINGS
1. A meeting of the Executive or General
Boards, or of the Society may be called for any reasonable time by:
a. The President;
b.
The
Faculty Advisors;
c. A unanimous vote of the General Board;
or
d. 2/3 of the Members-at-large.
2. The President shall notify, by any
reasonable means, all Members of the Society or the Executive and General
Boards, as appropriate, of a meeting;
3. The President or Vice President so
designated shall preside over all meetings;
4. Votes on all matters not otherwise
discussed in these By-Laws shall require a simple majority of a quorum of all
Members present and voting to pass.
ARTICLE III -- MEMBERSHIP -
SECTION
1 -- ELIGIBILITY REQUIREMENTS FOR JOINING THE SOCIETY
Subsection A – Criteria
a. Have completed two (2) semesters as a
full or part-time student;
b. Be currently enrolled in or have previously taken any of the four core classes required by Chicago-Kent College of Law to earn a Certificate in International and Comparative Law (ie. International Law, International Business Transactions, International Trade, Comparative Law) OR the equivalent of one of the aforementioned classes either taken during a summer session abroad through or at an accredited University, or at any accredited university, if taken during Law school;
1. Whether or not a particular International Law class qualifies as sufficient is up to the discretion of the Executive and General Boards and the Faculty Advisors;
2. In exceptional circumstances, the Executive Board and Faculty Advisors may take other international legal experience in lieu of enrollment in international law.
SECTION
2 – ELIGIBILITY PREFERENCES FOR JOINING THE SOCIETY
1. Have a cumulative Grade Point Average of at
least 3.000 after the spring semester
of the first year of law
school;
2. Have received at least a B in Legal Writing
II.
SECTION 3 -- BONA FIDE MEMBERSHIP
1. Each Member must have been
offered membership in the Society by the current
Executive Board and Faculty
Advisors following the Fall Candidacy Competition;
2. The teams and positions of
Members within each team are chosen for a given
academic year by the Executive
Board and the Faculty Advisors following Fall
Candidacy.
3. A 3L or 4L returning ILMCHS
Member, who has previously competed in an
international interscholastic
competition, may choose to retain membership status
in the Society, without competing their
3rd or 4th year, as long as they continue to attend Society meetings and
actively participate in the Society, including but not limited to, as a research assistant or Team
Coach, as long as their participation doesn’t violate individual team
rules.
4. Though 1L’s cannot obtain bona
fide membership in the Society, 1L’s may
participate as a research
assistant, attend team practices for an individual team, and, if possible, attend competitions at the
discretion of the Executive and General Boards
and Faculty Members.
Subsection
A -- Attendance
1. Each Member is expected to attend every
meeting of the Society. A Member's
regular failure to attend meetings may affect that Member's semester grade
and/or their membership in the Society or participation in an ILMCHS
interscholastic competition.
2. Any Member who is participating in an
interscholastic competition and withdraws at a point four (4) weeks prior to
the date when competition briefs are due will receive a grade of “Failing” (F)
or "Withdraw Failing" (WF) and Membership in the Society will be
revoked.
SECTION
4 -- DISMISSAL FROM THE SOCIETY
1. A Member of the Society may be
dismissed from the Society for good cause.
Good cause shall include, but is not limited to, violation of the
College Code of Ethics, violation of these By-Laws, refusal to participate in
normal Society-sponsored Competitions, failure to respond to written requests
from the Executive and General Boards and/or Faculty Advisors, and other
actions adverse to the goals of the Society.
Any Member who receives an "F" or "WF" under
Subsection A above is automatically dismissed from the Society.
2. Prior to dismissal, the student shall
be entitled to a hearing before the Executive Board, General Board and the
Faculty Advisors to discuss the reasons for the dismissal action. The student shall be entitled to bring one
other person to such a hearing. After
the hearing, the Executive and General Boards, and Faculty Advisors shall deliberate
and shall inform the Member, in writing, of his/her decision within (1) week of
the date of the hearing.
ARTICLE IV -- INTERSCHOLASTIC COMPETITIONS
SECTION
1 -- SELECTION OF INTERSCHOLASTIC COMPETITIONS
1. After being named, the new Executive Board,
in consultation with the Faculty Advisors shall be responsible for selecting
the Interscholastic Competitions for the upcoming Fall. Selection of these competitions shall be
based on the following factors:
a. Past participation and success in the competition;
b. Quality of the organization of the
competition;
c. Topic of the competition;
d. Cost of preparation and attendance;
e. Availability of faculty and attorney
advisors in the area of law that is the subject of the competition;
f. Number of qualified Members of the
Society available to be appointed to teams.
2. The goal of the selection process shall
be to achieve maximum exposure of qualified Members of the Society to
international law, to utilize the available expertise of Society and attorney
advisors, to remain within budgetary guidelines and to promote the reputation
of the Chicago-Kent College of Law;
3. Once the selections have been made, the
President will announce the selections to the Society and to the Administration
of the College, arrange for payment of application fees, initiate the selection
of team participants and Faculty Advisors for each competition and will forward
the names of team participants and Faculty contacts to the appropriate
competition coordinator;
4. Each fall, the Executive Board shall
follow the same procedure to select teams for the following spring.
SECTION
2 -- ELIGIBILITY REQUIREMENTS FOR INTERSCHOLASTIC
TEAM
PARTICIPATION
1. To be eligible for selection to an
Interscholastic Competition Team, a Member of the Society must:
a. Achieve the academic criteria for
selection as a Society Member;
b. Not have been removed or have withdrawn
from a prior Interscholastic Competition Team;
c. Be registered with the College as a
student;
d. Meet all other requirements for the
individual team they are selected to participate on (i.e Jessup Requirements;
Niagara Requirements; or Vienna Requirements).
SECTION
3 -- SELECTION OF INTERSCHOLASTIC COMPETITION
TEAM
MEMBERS
1. The Executive Board, in consultation
with the Faculty Advisors, shall select Members from among the qualified
Members of the Society to fill available positions on Interscholastic
Competition Teams and select one student from each team as Team Captain. While the final selections shall be made at
the sole discretion of the Executive Board and the Faculty Advisers, the
following shall guide the Executive Board and Faculty Advisors in the selection
process:
a. Prior experience of a Member through
participation in another Interscholastic Competition Team or on the Executive
Board;
b. Quality of prior performance as a Team
Member and Executive or General Board Member;
c. Quality of written and oral
participation in Fall Candidacy;
d. Knowledge in a particular area of law
gained through scholastic or work experience;
e. Perceived ability to participate as a
Member of a "team" and cooperate with other Members of a team;
f. Any time restraints and/or conflicts
that may restrict one's ability to devote the significant amount of time it
takes to prepare the brief and arguments for interscholastic competitions.
2. The Executive Board and Faculty
Advisors shall place the selected Members on a specific interscholastic
competition team and subsequently select a Team Captain in order to best serve
the interests of the Society. Once the
selections are made, the President or his/her appointee shall contact the
students and invite them to join the interscholastic competition team. Once the invitation is made, the Society
Member shall have a reasonable time to accept or decline the invitation. If no response is received from the Member it
will be assumed to signal a decline of the invitation;
3. If the student is unable to participate
on the particular Interscholastic Competition Team to which he/she was
selected, the Executive and General Board and Faculty Advisors shall meet in an
attempt to either:
a. Select a replacement;
b.
Rearrange
students to accommodate the schedules of all students;
c. Agree to allow the Interscholastic
Competition Team to participate with less than the maximum number of team
Members;
d. Withdraw from the Competition;
4. Such determination shall be made at the
sole discretion of the Executive and General Board, in consultation with the
Faculty Advisors.
SECTION
4 -- DUTIES OF AN INTERSCHOLASTIC COMPETITION TEAM MEMBER and TEAM CAPTAIN
1. A student who accepts an invitation to
join an Interscholastic Competition Team shall:
a. Attend all meetings called by the
Executive and General Boards, Team Captain, Team Coach, and Faculty Advisor(s);
b. Complete all work by the deadlines set
forth by the Team Captain, Team Coach or the Faculty Advisor(s);
c. Perform all duties pertaining to the
assigned competition, including but not limited to, brief writing, oral
arguments, team practices, and actual competition, as designated by the Team
Captain, Team Coach, or Faculty Advisor;
d. Attend all Team practices;
e. Attend the Team’s designated
competition;
f. Meet any and all filing deadlines set
by the host of the competition;
g. Perform all duties as a regular Society
Member, including, but not limited to, attendance at all Society Workshops and
general meetings;
h. Adhere to all guidelines for travel
arrangements set forth by Chicago-Kent College of Law;
i. Complete all post-competition work as
required;
j. Prepare an individual expense report
and place all receipts in an envelope to be delivered to the team captain no
later than two (2) after completion of the competition.
2. A student selected as TEAM CAPTAIN shall
meet the above criteria as well as:
a. Arrange research sessions w/ librarian;
b. Work with the Team Faculty Advisor to
establish deadlines for Team Members to have work completed to ensure that all
Competition deadlines are met;
c. Schedule
and publish practice sessions with Faculty Advisors, alumni, and other Society
members;
d. Maintain
contact with appropriate alumni;
e. Maintain
contact with the Executive Board regarding the progress of the team;
f. Ensure
the teams stay within its predetermined budget;
g. Collect
and turn in all budget forms and receipts of each team member;
h. Make travel and hotel arrangements for
Team Members, Team Faculty Advisor, and Team Coach when required for
out-of-town competitions;
i. Assist Team Members during initial
preparation for the Competition when such assistance is allowed under the rules
of the Competition;
j. Serve as liaison between the Team and
the Host of the Competition;
k. Provide necessary materials, including
the competition rules, competition problem and competition briefs, to all who
are scheduled to practice with the team;
3. Should an Interscholastic Competition
Team Member fail in his/her duties at any time during preparation and
competition, the Executive and General Boards and Faculty Advisors shall meet
to consider appropriate action. Among
the possible actions that the Executive and General Boards and Faculty Advisors
can take are:
a. Remove the Member from the
Interscholastic Competition Team;
b. Dismiss the Member from the Society
with a grade of "Withdraw Passing," "Withdraw Failing," or
"Failing";
c. Replace the Member with a substitute
Society Member;
d. Continue the Interscholastic
Competition Team with less than the maximum number of Team Members;
e. Remove the entire Team from the
Competition.
3. Such action shall be at the sole
discretion of the Board in consultation with the Faculty Advisors.
ARTICLE V -- BY-LAWS
SECTION
1 -- DISTRIBUTION
1. A copy of these By-Laws shall be made
available by the Executive Board to every Member of the Society;
2. A copy of all amendments and/or
revisions to these By-Laws will be distributed to every Member of the Society
within a reasonable time after adoption by the Society;
3. A copy of the current By-Laws shall
always be available in the office of the Society.
SECTION
2 -- ADOPTION
1. Any Member of the Society may propose
an amendment to these By-Laws. Such a
proposal must be announced submitted in writing to the President at least five
(5) school days before a General Board meeting at which the proposal will be
discussed. The President shall announce
to the General Board at least three (3) school days before the meeting that a
By-Laws amendment has been proposed. and the President shall make available to
all Members copies of the proposed amendment;
2. The proposed amendment and any other
proposed changes suggested at the Executive Board’s next meeting shall be
discussed by the General Board. The
President shall allow reasonable debate on any proposed amendment. Any such amendment shall require a majority
of the General Board with the concurrence of the Faculty Advisors to pass. The General Board shall then make the
proposed amended By-Laws available for review by all members of the Society by
placing a copy of the changes in the Society Office;
3. After the proposed amended By-Laws have
been made available to all members of the Society for at least three (3) school
days, the Board shall meet, in a meeting open to all members of the Society, to
consider any issues raised by the proposed changes. The proposed amended By-Laws will then be
approved upon a vote of a majority of the General Board with the concurrence of
the Faculty Advisors.