Rules & Policies Section Eight

Policy 8-1. Moot Court Board

Policy 8-1.1. Interscholastic Competition

  1. Except for the Jessup Cup Competition, the Moot Court Board has responsibility for selecting Duke representatives in interscholastic competitions and for assisting in the preparation of competitors. The selection of representatives should be competitive and designed to reward substantial and high-quality effort on the part of the competitors. The representatives should be expected to make a major commitment of time and energy to the representation; students with other major non-curricular obligations may therefore properly be excluded from consideration. Preference should be given to third year students who have participated fully in the School's intrascholastic competition. Save for these restrictions, the selection competitions should be open to all.

  2. Funds for Moot Court competition travel are made available through the Moot Court operational budget. All or a portion of that budget may be spent for travel; the determination is to be made by the Moot Court governing body. The budgeted amount is determined each year during the Law School's budget process. The outgoing Moot Court officers are responsible for submitting a budget request for the next academic year's program.

Back to topRevised May 1992

Policy 8-1.2. Hardt Cup and Dean's Cup

  1. The Moot Court Board has primary responsibility for the Hardt Cup Competition and is permitted to conduct that competition without faculty participation so long as the competition does not unduly interfere with the academic program of first year students. Professional judges will be supplied for the final round on request; in the absence of a serious brief-writing emphasis in the competition, these judges will be state court or lower federal court judges recruited from the surrounding area. The judges will be selected and invited by the Dean on the advice of the Board.

  2. The Moot Court Board also has responsibility for the Dean's Cup with the understanding that:

    1. the competition must emphasize brief-writing,

    2. the case must be written by or closely edited by a faculty member designated by the Moot Court Committee, and

    3. the competition will be open to all upperclass students.

    Professional judges will be supplied for the final round on request; these judges will be representative of the most distinguished members of the federal and state judiciary. The judges will be selected and invited by the Dean on the advice of the Board. Efforts will be made by the Dean's Office to provide prize money for overall winner, runner-up and best brief.

  3. Travel and lodging expenses will be paid for invited judges and their spouses.

Back to topRevised May 1992

Policy 8-1.3. Social Events

  1. For the final round of the Hardt Cup, or the semi-final rounds of the Dean's Cup, if professional judges are employed, there will be a lunch at school expense for the judges, competitors appearing before them, and parents or spouses of the competitors, and as many as five faculty members selected by the Board on the basis of their helpfulness to the Board in its program.

  2. For the final round of the Dean's Cup, there will be such a lunch, and on the evening before there will be a dinner-reception for the court. The school will cover the cost of the dinner for members of the court and their spouses, for members of the Moot Court Board and for faculty members.

Back to topRevised May 1992

Policy 8-1.4. Annual Budget and Expenses

The Moot Court Board is responsible for marshaling its resources. A budget covering all expenses to be paid by the School for the year should be submitted in August, for approval by the Associate Dean responsible for student affairs. In the absence of force majeure, this budget will be enforced, at least as to the bottom line, by the Administrative Assistant to the Dean.

Back to topRevised May 1992

Policy 8-2. Deans' Advisory Council

BY-LAWS

Name
The name of the Council shall be the Deans' Advisory Council at Duke University School of Law.

Purpose
The Council is an honorary service organization of Duke Law School students and alumni. Student Council members represent the School to its visitors, including admissions applicants, placement interviewers, alumni and other distinguished guests. Alumni Council members continue to represent the School in their respective cities and serve as contacts for the various administrative offices. Council members assist in the administration of the Law School by giving advice and counsel when sought and by undertaking responsibility for specific projects as directed by the Law School administrators.

Members
Approximately twenty rising second-year students will be invited to join the Council each fall. The Executive Committee shall have discretion to invite a number of rising third-year students when necessary. Invitations to the Council are made by the Dean based on recommendations of the Executive Committee. Members are chosen on the basis of proven judgment and skill in dealing with professionals, a demonstrated sense of responsibility and the manifestation of traits for which the Law School would like to be known.

Members serve two years as students (unless appointed as a rising third-year) and five years as alumni.

Governance
Council members serve at the direction of the Executive Committee and the Student Board. The Executive Committee is composed of the various deans and administrators of the School responsible for the School's public contacts. The Student Board, composed of coordinators for Admissions, Alumni Affairs and Career Services, will be responsible for the even distribution of duties among Council members. Student coordinators will be appointed by the Executive Committee based upon demonstrated interest in and support of the Law School programs, maturity and responsibility.

Meetings
Student Council members will be expected to meet early in the fall semester after new appointments are made to greet new members, hear reports from the various administrative offices and establish procedures for operation of the Council during that year.

At the end of the fall semester, the Council will meet for a reception to review the semester's work and to plan for the upcoming semester.

In the spring, the Council will meet for a banquet at which the year's projects will be reviewed and graduating members and coordinators will be recognized for their service.

Duties
Duties of student members will be:

  1. In cooperation with the Dean, assuring a warm welcome to special guests of the Law School, which may include sharing coffee breaks or meals and/or providing transportation for members of the Board of Visitors and participants in Law School conferences;

  2. In cooperation with the Office of Career Services, greeting and orienting interviewers during the fall recruitment season;

  3. In cooperation with the Admissions Office, assuring an informative welcome to applicants and admitted candidates who visit the Law School;

  4. In cooperation with the Admissions Office, conducting recruiting visits to undergraduate schools;

  5. In cooperation with the Alumni Office, assisting in organizing and hosting Alumni Weekend, Barristers Weekend, and conferences organized by that office;

  6. In cooperation with the Annual Fund Campaign, participating in the Telethons in both the fall and spring by contributing one evening of service and recruiting one non-Council member for each Telethon.

Alumni members of the Council shall be available to:

  1. Assist the Office of Career Services as contacts for students seeking employment in their areas;

  2. Assist the Admissions Office by conducting recruiting visits to undergraduate schools and/or meeting with individual prospective students;

  3. Assist the Alumni Office by organizing alumni events and serving on organizing committees to establish local associations.

Back to topRevised September 1990

Policy 8-3. Publication Policies

Policy 8-3.1. Member Selection and Academic Credit

  1. Selection of Staff. A journal published under the auspices of Duke Law School may choose to consider grades in its selection process. If a journal elects to consider grades, it may select no more than one-third of its membership on the basis of grades alone. A journal also has the option to select some or all of its members by a method utilizing grades as a factor that accounts for no more than 60% of the selection criteria for some or all of its membership. A journal may use a short-term writing competition to produce the remaining component. Other forms of written work, such as full-length notes and comments, are also appropriate for the non-grade portion of the evaluation. In addition, a journal may choose to select some or all of its members solely on the basis of their written or editorial work and without regard to grades. (Implemented 1991)
  2. Casenote Competitions. A number of the Law School’s publications select members through a “casenote competition” open to rising second-year students. The competition is conducted shortly after the completion of first-year classes and exams. A separate casenote competition is held in the fall of each year for students who transferred into the Law School over the summer. Details about the individual publications’ use of both casenote competitions in their selection processes appear below, in the descriptions of the individual publications.
  3. Exclusive and Open/Non-Restricted Membership. Some of the Law School’s publications are “exclusive,” with student editors’ membership limited to only one publication with that designation. Other publications have “open/non-restricted” membership, allowing members to hold memberships simultaneously on those publications and others with the same designation or with the “exclusive” designation. For example, a student may be a member of both an open, non-restricted publication and an exclusive publication at the same time, but she may not be a member of two exclusive publications at the same time. Details about each designation appear below, in the descriptions of the various publications.
  4. Membership Commitment. Unless otherwise noted, all rising second-year and transfer students selected for membership by any of the publications are expected to serve a two-year commitment to the relevant publication(s). LLM students and students selected for membership during their third year of Law School are expected to serve the remainder of the full academic year in which they are selected.
  5. Academic Credit. No academic credit is awarded for editorial work or for any published note beyond any credit that may be awarded through an appropriate seminar or independent study project.

Back to topRevised November 2008

Policy 8-3.2. Alaska Law Review ("ALR")

  1. Governance. The Law School publishes the Alaska Law Review under a contract with the Alaska Bar Association. (A copy of the current contract is maintained by the supervising faculty editor.) The contract governs, among other things, reimbursement and deadlines for publication. A Faculty Editorial Board, composed of members of the Duke law faculty and a supervising faculty editor, participates in publication of ALR in an advisory capacity to ensure the continued quality and timeliness of publication of ALR. The Board also approves non-routine plans for publication and rules governing operation. The supervising editor attends to more routine matters of governance, overseeing both budgetary and editorial matters.

  2. Selection of Staff. Membership on ALR is exclusive, as described above in Policy 8-3.1(3). Staff members are selected in one of the following ways. Regardless of the method of selection, students with personal or professional ties to Alaska are encouraged to submit an optional statement of interest explaining those ties.
    1. Second-year Students. The ALR selects rising second-year students on the basis of their casenote scores (50%) and grades (50%).
    2. Third-year Students. The ALR may select as members rising third-year law students who “write on.” Applicants must submit (1) a writing sample of approximately ten pages on any legal subject; (2) an editing sample that the ALR provides; and (3) a brief statement of interest. At the discretion of the ALR Board, applicants may also be interviewed. Members who join the ALR as third-year students are able to participate in the annual trip to Alaska only if the ALR has funding sufficient to cover the expenses of the additional students and the students complete the required student note.
    3. Transfer Students. The ALR may select new members through the transfer-student casenote competition. Only the applicants’ casenote scores will be considered, not their grades from their previous institutions.

Back to topRevised November 2008

Policy 8-3.3. Duke Environmental Law & Policy Forum (DELPF)

  1. Governance. DELPF is a student-governed and student-edited publication, with faculty advisers drawn from the Duke Law faculty. DELPF publishes twice a year, with its spring issue typically published in connection with the journal’s annual symposium.
  2. Selection of Staff. Membership on DELPF is open/non-restricted, as described above in Policy 8-3.1(3). Membership is open to law students and graduate students in the Nicholas School of the Environment and the Sanford School of Public Policy.
    1. Law Students. Students at the Law School are selected on the basis of a legal writing sample (60%), personal statement (20%), and grades (20%).
    2. Graduate Students. Graduate students enrolled in the Nicholas School and the Sanford School are selected on the basis of a personal statement, their curriculum vitae, and any other relevant information as determined by the DELPF Executive Board.
    3. Transfer Students. Students who recently transferred to the Law School (from another law school) are selected on the basis of a legal writing sample (75%) and personal statement (25%).

Back to topRevised November 2008

Policy 8-3.4. Duke Forum for Law & Social Change (DFLSC)

  1. Governance. DFLSC is a student-governed and student-edited publication operating under a constitution and by-laws promulgated by its membership. Two faculty advisers work closely with DFLSC, periodically providing comments on the published product of DFLSC and assisting the student leadership with a variety of managerial and editorial issues.
  2. Selection of Staff. Membership on DFLSC is open/non-restricted, as described above in Policy 8-3.1(3). DFLSC membership is drawn from the second-and third-year class of law students.
    1. Second-year Students. DFLSC selects rising second-year students on the basis of their casenote scores (40%), personal statements (40%), and grades (20%).
    2. Third-year Students. DFLSC selects rising third-year students on the basis of a student note.
    3. Transfer Students. DFLSC selects up to three transfer students on the basis of their transfer-student casenote score (50%) and personal statement (50%).

Back to topRevised November 2008

Policy 8-3.5. Duke Journal of Comparative and International Law (DJCIL)

  1. Governance. A Faculty Advisory Committee appointed by the Dean, composed of members of the Duke Law faculty and a supervising faculty advisor, participates in publication of DJCIL in an advisory capacity. The Committee approves non-routine plans for publication and rules governing operation. The faculty advisor attends to more routine matters of governance, generally overseeing DJCIL's budget and advising on various editorial matters. DJCIL membership is composed of regular members, who are candidates for a JD degree, and special members, who are international students earning the LLM degree.
  2. Selection of Regular Staff. Membership on DJCIL is exclusive, as described above in Policy 8-3.1(3). DJCIL selects eighteen to twenty-three new regular members each year. Only rising second-year students, transfer students, or students in their second year of study will be accepted for regular membership.
    1. Rising Second-year Students. DJCIL selects rising second-year students on the basis of their casenote scores (60%), grades (30%), and personal statements (10%).
    2. Transfer Students and Students in the Second Year of Study. DJCIL selects these students on the basis of a writing score (transfer casenote or note-on submission, 85%) and personal statement (15%).
    3. Special Staff Editors. DJCIL selects up to three international LLM students on the basis of the quality of a submitted note or prior publication, the applicant’s academic record and particular skills, and/or any special needs of DJCIL during the subject year.

Back to topRevised November 2008

Policy 8-3.6. Duke Journal of Constitutional Law & Public Policy (DJCLPP)

Selection of Staff. Membership on DJCLPP is exclusive, as described above in Policy 8-3.1(3). Extensive knowledge of constitutional law or public policy is not a prerequisite for membership, only an interest in constitutional law.

  1. Second-year Students. DJCLPP selects up to twenty rising second-year students on the basis of casenote scores (67%) and grades (33%).
  2. Third-year Students. DJCLPP may select new members from the rising third-year class based on the quality of either a student note (of approximately thirty pages) or a Supreme Court Case Commentary (details available from the editor-in-chief or special projects editor). Grades are not considered.
  3. Transfer Students. DJCLPP may select up to three transfer students on the basis of the quality of the transfer-student casenote. Grades are not considered.

Back to topRevised November 2008

Policy 8-3.7. Duke Journal of Gender Law and Policy (DJGLP)

  1. Governance. DJGLP is a student-governed and student-edited publication. It publishes twice a year, typically with issues centered on a selected topic and the spring issue published in connection with a symposium.
  2. 2. Selection of Staff. Membership on DJGLP is exclusive, as described above in Policy 8-3.1(3). No prior knowledge of or experience in gender law and/or policy is required, but it is welcomed. New members are selected in one of three ways.
    1. Second-year Students. DJGLP selects approximately thirteen to fifteen rising second-year-students each year on the basis of their casenote scores and a brief confidential letter of interest. Grades may also be taken into consideration, but evident writing and editing skills are weighed more heavily.
    2. Third-year Students. DJGLP selects up to two rising third-year-students on the basis of the quality of a student note (of approximately fifteen pages) on a topic relating to any aspect of gender, sexuality, race, or class.

Back to topRevised November 2008

Policy 8-3.8. Duke Law Journal (DLJ)

  1. Governance. DLJ is a student-governed and student-edited publication governed under a constitution and by-laws promulgated by its membership.
  2. Faculty Board of Advisers. A five-person Board of Advisers, including a faculty member and composed primarily of DLJ alumni members, provides a continuing link to the larger institution. The advisers should periodically provide comments on the published product of DLJ and assist the student leadership in reviewing the organization's policies on a variety of managerial and editorial issues.
  3. Selection of Staff. Membership on DLJ is exclusive (as described above in Policy 8-3.1(3)) and otherwise regulated by its constitution and by-laws consistent with Policy 8-3.1(1). Information on current selection rules may be obtained from the Editor-in-Chief.

Back to topRevised November 2008

Policy 8-3.9. Law and Contemporary Problems (L&CP)

  1. Governance. A Faculty Editorial Board, composed of members of the Duke law faculty and a General Editor, has ultimate control over major matters of editorial policy and journal operation (for example, approval or rejection of symposium proposals). A Special Editor, who generally has some formal affiliation with the Law School, is selected for each issue. The principal responsibilities of the Special Editor are to shape the overall concept of the issue and to solicit contributors. The General Editor oversees editorial matters, assisting the staff in long-range planning and, if necessary, in the daily management of the publication process
  2. Selection of Staff. Membership on L&CP is exclusive, as described above in Policy 8-3.1(3). Members are selected in one of three ways:
    1. Second-year Students. L&CP selects rising second-year students on the basis of their casenote scores (40%) and grades (60%). A small number of rising second-year students may be offered membership solely on the basis of their casenote scores.
    2. Third-year Students. L&CP selects up to five rising third-year students on the basis of their cumulative GPAs. The selected students may not already be members of any of the Law School’s other exclusive journals.
    3. Transfer Students. L&CP may select a small number of transfer students on the basis of their transfer-student casenote scores and L&CP’s need.

Back to topRevised November 2008

Policy 8-3.10. Duke Law and Technology Review (DLTR)

  1. 1. Governance. DLTR is governed by its members consistent with the procedures detailed in its Operations Manual. A Duke Law faculty member acts in a supervisory capacity to oversee the publication of the journal.
  2. Selection of Staff. Membership on DLTR is open/non-restricted, as described above in Policy 8-3.1(3). DLTR selects new members in the following three ways:
    1. Second-year Students. DLTR selects rising second-year students on the basis of their casenote scores (60%), grades (25%), and statements of interest (15%).
    2. Transfer Students. DLTR selects transfer students on the basis of their transfer-student casenote scores (80%) and statements of interest (20%). Grades are not considered.
    3. Writing Submission. DLTR may select second- and third-year students based on a relevant writing submitted for publication.

Back to topRevised November 2008