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SOUTHERN JOURNAL OF POLICY AND JUSTICE

June 10, 2013 Greetings!

Thank you for your interest in a position with the Southern Journal of Policy and Justice

(formerly SRBLSA Law Journal). Being a member of a law journal is an honor. Not only would you personally benefit from your experience with the Journal, but you would also witness academia embrace topics that deal directly with legal issues that affect the southern region. The Southern Journal of Policy and Justice (formerly SRBLSA Law Journal) is published once a year and gives each student an opportunity to submit an article to possibly be published. It affords students an opportunity to become intimately familiar with the Bluebook®. Also, the research required in writing and editing will allow you to master Westlaw®, LexisNexis®, and other sources, which makes you an invaluable asset to employers! Finally, members of the law journal can highlight the significant academic distinction of being on a law journal on their resumes.

The 2013-2014 Editorial Board Application consists of five (5) parts, each weighed to allow selection of the best candidates for each position. Part I will include basic contact information. Part II will include basic proficiency and qualification questions. Part III will include a bluebook proficiency test. Part IV will include an honor pledge. Lastly, Part V consists of the written portion of the application. If you are applying for the Marketing Executive or Symposium Executive position, you need not complete the writing portion.

Prior to September 30th, 2013, all applicants chosen for the journal must submit a letter from the president of his or her local BLSA chapter confirming their status as a dues paying member.

The application, released on June 10, 2013, must be completed and e-mailed to eic@srblsalawjournal.org by July 10, 2013, 11:59 p.m. CST.

Included are a list of duties of the various positions, Frequently Asked Questions and a copy of the editorial flow chart so that you may get a clearer picture of how all the positions work together. If you have any concerns or questions, please do not hesitate to contact me at eic@srblsalawjournal.org.

We look forward to receiving your application, and Good Luck!

Sincerely yours,

Jerome C. Frierson Tulane University Law School, J.D. Candidate 2014

Editor-in-Chief, Southern Journal of Policy and Justice, Volume VIII

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DUTIES

Below is a detailed outline of the duties of each Editorial Board Position. Please note that this list is not exhaustive. Positions with an * have been filled by previous journal members. Several seats are available for different positions.

EXECUTIVE EDITORIAL BOARD *EDITOR-IN-CHIEF: The Editor-in-Chief (EIC) serves as a general figurehead and leader for the Southern Journal of Policy and Justice (the “Journal”). The EIC shall arrange for the publication of the Journal, oversee the editorial process, schedule and preside at all meetings and voting activity, and set goals and coordinate any Journal activities (including the annual Editorial Orientation Program). The EIC shall oversee the solicitation of authors and members of the editorial board, and extend offers of membership. The EIC shall also oversee the selection of the annual theme, the selection of all topics and works to be published, and approve academic credit for work on the Journal. The EIC is the primary liaison with the Faculty Advisor and Board, the Legal Writing Advisor, SRBLSA, NBLSA, other regional BLSA journals, and the legal community. The EIC is the final arbiter of any disputes over practices and policies of the Journal, and will notify editorial board members or authors of inadequate performance. Finally, the EIC is the sole board member with the power to prepare the Journal’s budget, maintain any financial records, enter into business transactions on behalf of the Journal and make disbursements of money as necessary. *EXECUTIVE EDITOR: The Executive Editor shall assist the EIC in formulating policy, and preside in the EIC’s absence. The Executive Editor is directly responsible for the technical accuracy of all materials published by the Journal. The Executive Editor shall assist the EIC with the solicitation of authors and selection of all works to be published, perform all preemption checks, and approve the selection of topics for student notes and comments. The Executive Editor will oversee the publication of all abstracts on the Southern Journal of Policy and Justice website, and deliver the abstracts to the Marketing Executive. During the final edit stage, the Executive Editor and EIC shall reedit each work to be published. *EXECUTIVE MANAGING EDITOR: The Executive Managing Editor shall directly oversee the editorial process to assure the timely and efficient publication of the Journal. The Executive Managing Editor shall supervise all Managing Editors, assign all notes, comments and articles to a Managing Editor, set the production schedule, train Managing Editors and Senior Editors, and oversee the technical aspects of the cite-checking process, typeset each work to be published, and collate all articles and notes into final form. The Executive Managing Editor is responsible for all edits performed by Managing Editors and Senior Editors. The Executive Managing Editor must also communicate any note and article changes or inquiries to the author. *CIRCULATION EXECUTIVE: The Circulation Executive is responsible for the general distribution and circulation of the Journal. The Circulation Executive will work closely with the Marketing Executive to develop and implement circulation strategies to promote an increase of readership for the Journal. The Circulation Executive will serve as the primary liaison with the publisher and printing press. The Circulation Executive will collaborate with the

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Marketing Executive to generate an electronic format of the Journal. Finally, the Circulation Executive must develop and maintain a database of all Journal subscribers as well as possible target audiences. MARKETING EXECUTIVE: The Marketing Executive is responsible for the general publicity of the Journal. The Marketing Executive will generate all press releases on behalf of the Journal and deliver them to all appropriate media outlets. The Marketing Executive shall maintain an active role in the solicitation of articles and notes, and work closely with the Circulation Executive to promote an increase of readership for the Journal. The Marketing Executive shall also oversee the development and maintenance of the Southern Journal of Policy and Justice website. The Marketing Executive will work actively with the Editor-in-Chief and the Southern Journal of Policy and Justice Alumni Network to generate funds for the Journal, as well as promoting the progress of the Journal among its members. The Marketing Executive shall also plan and implement an annual fundraiser. Finally, the Marketing Executive shall gather and convey feedback from the legal community as well as Journal members to be used to improve the Journal. SYMPOSIUM EXECUTIVE: The Symposium Executive is responsible for planning, orchestrating, and facilitating The Journal’s annual Symposium. The theme of the Symposium will be identical to theme of the Journal for a particular year. In conjunction with the Editor-in-Chief, the Symposium Executive will work to secure a venue, ascertain a keynote speaker, assemble a panel, organize published authors’ presentations, and all other incidentals involved with hosting the Symposium. Because this Journal is for the Southern Region of NBLSA, the Symposium is held during the annual SRBLSA Regional Convention, so that the members of the Southern Region can attend the Symposium. The Editor-in-Chief will serve as a liaison between the Symposium Executive, and the SRBLSA Executive Board for coordinating the Symposium as a part of the SRBLSA Regional Convention. This year’s Symposium will be held in Nashville, Tennessee in January 2013. It would be helpful if the Symposium Executive is a student at a Tennessee law school.

EDITORIAL STAFF

MANAGING EDITOR: The Managing Editor is responsible for all necessary structural edits of the works. The Managing Editor will first make all necessary structural edits, and consult with the Executive Managing Editor if the author needs to be notified. Once the Managing Editor makes all structural edits, he/she will then delegate portions of the note, comment, or article to a team of Senior Editors for technical edits (i.e. Bluebook, grammatical, stylistic and cite check edits). The Managing Editor will then compile the edits, and re-edit for accuracy and consistency, before delivering the work back to the Executive Managing Editor. The Managing Editor will work alongside each Senior Editor to ensure that each work is stylistically appealing and technically accurate. SENIOR EDITOR: The Senior Editor is responsible for ensuring that all citations within the Journal are consistent with the 19th edition of the Bluebook Citation Guide. The Senior Editor is also responsible for ensuring that all articles and notes within the Journal are consistent with English grammar and writing rules (refer to Strunk and White’s Elements of Style). The Senior Editor must also work alongside the Managing Editor to ensure that each work is stylistically appealing.

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D U T I E S & R E S P O N S I B I L I T I E S O F E D I T O R I A L B O A R D

Serving on the Southern Journal of Policy and Justice Editorial Board is a privilege expectant with responsibility. In addition to the specific duties assigned to each respective position, board members are expected to comply with the general regulations of the Editorial Board. These obligations include:

1. Attend the Editorial Orientation Program. This year, Tulane University Law School, located in New Orleans, LA, 70118 will sponsor and host the annual Editorial Orientation Program (EOP), tentatively scheduled for August 25, 2013. All editorial board members are required to attend. You may ask your school to assist with expenses; however the Journal will not cover this cost. EOP serves as an introduction to the Journal, its overall mission, and the editorial process. It is an opportunity for each editor to fully understand the importance of his role and develop a sense of ownership in the Journal. The board is comprised of members from various schools; thus, EOP fosters an opportunity for members to meet one another in person, unite and bond. In addition, EOP will provide important training to all editors, confirming that the Journal delivers a consistent and well-polished finished product.

2. Careful Attention When Editing.

This is the most important responsibility that an editor has. Editorial Board members have an increased responsibility to not only be accountable for their reputation and expected level of credibility, but also for that of the Southern Journal of Policy and Justice.

3. Write a Student note.

Each senior and managing editor will submit an article in the winter to the Editor-in-Chief for possible publication in the journal. The student has great leeway in choosing a topic, but the Editor-in-Chief must approve the topic. The Marketing Executive, Symposium Executive and The Circulation Executive are exempt from writing student notes, but may do so if they would like to be considered for publication.

4. Comply with Strict Deadlines.

The most important duty of an editorial board member is strict adherence to all deadlines. Given the extreme distance between Board members, organization and timeliness is critical to effective operation of the Journal. Due to the nature of the editorial process, deadlines may be administered on short notice. If a board member cannot meet a deadline, it is imperative that the conflict is communicated to the Editor-In-Chief or direct supervising editor in a reasonable amount of time.

5. Participate in Conference Calls.

Occasionally, it will be necessary for the board to meet. Teleconference calls have proven the most effective means for such meetings to be held. Board members will receive ample notice of the date and time of proposed conference calls. All scheduling conflicts must be communicated and approved by the Editor-In-Chief. Only urgent conflicts will be excusable.

6. Participate in Fundraising Activities.

The Journal operates on limited funds provided by SRBLSA and occasionally the sponsoring institution. Hence, it is critical for the editorial board to organize and support fundraising activities such as brainstorming fundraising ideas, hosting fundraising events at each member’s respective school, operating any fundraisers at Regional or National Conferences, etc.

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7. Assist in Soliciting Authors. The Journal strives to establish and maintain a presence in all markets of legal scholarship. In order for this to be achieved, the advertisement of the Journal must saturate various fields. The board is expected to assist in this effort by promoting the Journal at each member’s institution as well as other professional circles.

8. Utilize the Current Editions of the Bluebook and Strunk & White’s Elements of Style. In order for the Journal to achieve uniformity, only the 19th edition of the Bluebook Citation Format and Strunk and White’s 1958 edition may be used for Journal submissions. All editors must own a copy of the 19th edition of the Bluebook and the 1958 edition of Strunk and Whites.

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Editorial Process

Faculty Advisor

Marketing Executive

Senior Editor Senior Editor

Author

Author

PUBLICATION!

Executive Managing

Editor

Final Proofread by Executive Editor & EIC

Circulation Executive

Senior Editor Senior Editor

Editor-in-Chief Executive Editor

SUBMISSION

Editor-in-Chief

Executive Managing Editor

Executive Editor

Managing Editor

Managing Editor

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Editorial Board Application 2013-2014

This application is in Microsoft Word® format. As you enter information, please try to preserve the format of the

application; you may underline any information that you input in order to do so. Note: This application is due by July 10, 2013 at 11:59 p.m. CST.

PART I Date: ______________ Name: Address: If address is different for 2013-2014 academic year, please write current address here, and note new address in additional comments section (city) (state) (zip) Email: Phone: ______________________ (cell) _______________________ (home or work) Law School: Expected Date of Graduation: Spring 20 ______ Fall 20______ Are you applying for a specific position on the Journal? If so, please list? _______________________ Note: If you are applying for the Marketing Executive, or the Symposium Executive position, you need not complete the writing portion. Applicants for all other positions must complete the writing portion. Fall 2013 Courses: Attach a separate sheet if necessary. (Example: 1. Constitutional Law, 3 credit hours )

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Southern Journal of Policy and Justice

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List all upcoming organizations and leadership roles for the 2013-2014 academic year: Attach a separate sheet if necessary. (Example: 1. President, Black Law Students Association)

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PART II Grade received in Legal Research and Writing _______________ Current G.P.A. ______________ On a scale of 1-10, 10 being highest, how comfortable are you with Bluebooking? __________________ Proficiency level: Microsoft® Word’s track changes feature: Fair Good Excellent Never used Why are you the ideal candidate for the Journal? If you have applied for a specific position, please address why you are a good fit for that particular position. (Attach a separate sheet if necessary) ___________________________________________________________________________________________

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PART III BLUEBOOK TEST

Make corrections (if any are necessary) to the citations on this page. You may use ONLY the 19th edition of the Bluebook (in print or online version) and word processor. Do not consult any other book, individual, or other sources including, but not limited to LexisNexis, LexisNexis Advance, Lexis for Microsoft Word, Westlaw, Westlaw Next or Google. The purpose of this exercise is to test your Bluebook skills.

1. Jerry Dean Atack v. The United States of America, 452 US 368, 111 (2005)

2. East India Railroad Company, Inc. v. Kemper, Incorporated 121 S. Ct. 231 (1984).

3. Associated Problems of Justice John Marshall and Judicial Review, Angela L. Michels, 81 Columbia journal of law and Social Problems, 852, 862-874 (1995) (discussing inter alia, habeus corpus and certiorari issues on appeal).

4. 34 USC s. 321(a) - (l).

5. Accordingly, The 5th circuit reversed the defendant’s conviction on Constitutional grounds.

6. Id. at 257 (1999).

7. Lynard Skynard, Sweet Home Alabama (MCA Music Group). 1970.

8. City of Jacksonville Fl Municipal code ch. 914 (1987), available at http://qcode.us/codes/jax/.

9. Each of the 7 bills supported by the F.D.A. have managed to be granted Congressional hearings, and have been subjected to Presidential veto.

10. 87 USCA § §897-954 (1964).

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PART IV

HONOR & COMMITMENT PLEDGE: By my signature, I understand that I am bound by the honor code of my law school and infractions will be treated accordingly and reported to the Dean at my school. I pledge that all information provided in this application is accurate to the best of my knowledge. Additionally, I pledge that I did not receive any unauthorized assistance in the completion of my Bluebook Test or writing sample, from another person, book, or otherwise. I have read the duties and responsibilities page, and, if I am offered and accept a position on the Editorial Board, I agree to adhere to the list of duties attached. I understand that I am expected to diligently perform my duties to the best of my abilities in order to preserve the integrity of legal journalism. Signature: Print Name: Date: # of pages in your student note*: _______ *Please do not exceed ten pages

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Application Check List

1.) Part I – Basic Contact Information 2.) Part II – Qualifications 3.) Part III – Bluebook Test 4.) Part IV – Honor Pledge 5.) Part V – Written Analysis- If you are applying for the Marketing Executive or the Symposium

Executive position, you need not complete the writing portion.

Application Submission Instructions

Please submit your completed application packet electronically to:

eic@srblsalawjournal.org

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W R I T I N G C O M P E T I T I O N I N S T R U C T I O N S

1. Your written legal analysis and complete application are due by July 10th, 2013 at 11:59 p.m. CST. You may

e-mail your note to the Editor-in-Chief at eic@srblsalawjournal.org. You may also mail your packet to the address listed on the application.

2. Your legal analysis may be based on sources and research beyond what has been provided in this packet. You may use legal research tools such as LexisNexis, Westlaw, or the Reporters. However, you may NOT consult the assistance of another person. If you do, it will constitute a violation of your school’s Honor Code. Aside from this packet, additional materials that you may use are the following: (1) the 19th Edition of the Bluebook; (2) Strunk and White’s Elements of Style; (3) Black’s Law Dictionary; and (4) a dictionary. Please rely solely on Bluebook for the proper citation form.

3. Complete all the other parts of the application.

4. Non-Substantive Questions Only: If you have any non-substantive questions during the competition, you may contact the Editor-in-Chief at eic@srblsalawjournal.org.

5. Honor Code: Upon completion of the writing competition portion of the application, please sign and date the Honor Code statement, and note the number of pages of your note. If the Honor Code is missing from your materials, you will be contacted immediately, and your application will not be reviewed until you send it in.

6. Page Limit: Your note must be 8 pages minimum. Please limit your response to 10 pages double-spaced. The page limitations do not include endnotes; please do not count those toward the page limitations.

7. Formatting: Please use 12- point font, Times New Roman. Please use 1-inch margins, and do NOT alter the character spacing in your document. Please include page numbers.

8. IMPORTANT: In addition to your writing ability, the writing competition is designed to test your ability to organize your ideas in a clear and concise manner. Be sure to take time to prioritize the issues, and briefly discuss those that you believe are most relevant.

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Southern Journal of Policy and Justice

SRBLSA Law Journal Editorial Board Application Frequently Asked Questions

Does the eight to ten page limit include endnotes? No, it does not – the eight to ten page limit excludes endnotes, please do not count those as pages toward the minimum or maximum. What is the correct edition of Strunk and White? The fourth edition will be used for the 2013-2014 year. The correct edition can be found here: http://www.amazon.com/The-Elements-Style-4th-Edition/dp/0205313426/ref=reg_hu-rd_add_1_dp. If selected as a journal member, what expenses must I incur? The only expenses that must be incurred by each individual stem from attending the mandatory Editorial Orientation Program. Also, many students have had success soliciting funds from their home schools to support this endeavor. The orientation will last from noon until 5:00 p.m. on August 25, 2013 in New Orleans, LA thus each student is only required to attend for part of one day and may fly in and out that same day to conserve funds. How should I cite to the Background Information pages? Please cite accordingly to the pages as Background Information. Currently, I am not a dues-paying BLSA member. How can I meet this requirement? Contact your local BLSA President, and pay your dues for the 2013-2014 year by September 30th, 2013. Obtain a written confirmation, including the contact information of your BLSA President, and submit to eic@srblsalawjournal.org. Is there a minimum GPA requirement? No, there is no minimum GPA requirement. However, you must be in good standing at a BLSA member law school within the southern region to become an editor. The GPA request on the application is to help us in our application review process, but it is not dispositive. I plan to study abroad next year. Can I still apply to be an editor? We strongly prefer editors who will physically be in the southern region for the entire 2013-2014 academic year. However, we will still consider applicants who study abroad, but not for executive-level positions. Applicants who study abroad should have access to email and phone for periodic conference calls. I have committed to participate in a Moot Court/Mock Trial team or another law review next year. Should I still apply to be an editor?

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Last year, several SRBLSA editors participated in moot court and/or mock trial teams and law reviews in conjunction to their commitments to the Journal. Excellent time management skills are crucial if you choose this option. Take time to evaluate your commitments next year to ensure that you can significantly and adequately contribute to everything (including your schoolwork). Do I need to cite to every source included in the writing packet? Will I be penalized if I do not cite to everything? A good casenote does not have to cite to every source provided in the packet. Only use the materials that you feel are relevant to your argument. I emailed my application. Is there anything else I need to do? How can I confirm that it has been received? Upon receipt of your materials, you will receive an email confirming our receipt. If you do not receive an email, we have not received your materials. I turned in my application. When will I know if I have been selected? Positions on the Journal will be offered by July 24, 2013 via e-mail. My question hasn’t been answered here. Where should I turn for answers? Please don’t hesitate to direct any and all questions to Jerome C. Frierson at eic@srblsalawjournal.org. He will respond to all emails within 24 hours (usually sooner). Please do not ask your friend, your professor, or anyone else for answers. Doing so would constitute a violation of your school’s Honor Code. Also, please visit www.srblsalawjournal.org for further guidance. Under the Documents tab, click on frequently asked questions for periodic updates.

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Part V BACKGROUND INFORMATION AND DESCRIPTION OF ISSUE

It was the first day of the new school year at Sir Balsa Central, a high school located in Sir Balsa, Nabalsa, USA. Sir Balsa Central had historically been a great suburban school, but had experienced an increase in school violence over the last couple of years. Mrs. Para Noia, the school principal, was on the lookout for any student who appeared “suspicious.” After Principal Noia patrolled the halls, she observed a group of girls whispering. Principal Noia approached the girls, who quickly stopped talking and walked away. Principal Noia, sensing that something was not right with what she observed, called out demanding that the girls stop and tell her the big secret. Ming, the school snitch, promptly informed Principal Noia that there was a rumor that Brett, a white student in his junior year started to sell bottles of fruit punch mixed with grain alcohol to his classmates at school. Ming also informed Principal Noia that Louis, a timid African-American student in his sophomore year, was seen by several students to be sipping from a bottle that looked like the those Brett had been selling.

Principal Noia was very familiar with both students. Louis was sent to Principal Noia’s office last year upon suspicion that he had marijuana cigarettes in his possession while on school property. Louis had a troubled home life. It was rumored that Louis often shoplifted, so that he and his five siblings could eat. Brett, on the other hand, came from a wealthy family and certainly did not have to worry about food to eat. Nevertheless, Brett had also been in trouble last year as a sophomore. He was an aggressive kid who violently assaulted, harassed and bullied underclassman. Brett always wanted things his way.

Upon learning of the rumor, Principal Noia went to Louis’s class and asked him to come into the hall with his backpack. As she spoke to him, she noticed his mouth was red. She asked him what he had been drinking and he told her it was just juice. Principal Noia then grabbed Louis’ backpack and began to search for contraband. She discovered a near-empty bottle that looked like those Ming described with a small bit of red liquid at the bottom. However, this one did not smell like alcohol. Surprised by this, Principal Para Noia placed the bottle back into the backpack but before she returned it to Louis, she noticed a small baseball bat. Knowing that Louis did not play sports, she questioned Louis about the bat and he told her that Brett and some other neighborhood kids threatened him during the summer and he feared for his safety. He also confirmed the rumor that Brett had been selling alcohol in school. She then locked Louis in the security office while Principal Noia and Officer Ben D. Law, the school police officer, went to conduct further investigation. Five hours had lapsed as Louis waited in the tiny, windowless security office.

Officer Law went to Brett’s classroom and asked him to accompany him outside. Principal Noia notified the officer that she had to notify the Vice Principal of the situation and asked Officer Law if he could handle Brett on his own, to which he replied that he could. After she left, Officer Law questioned Brett about the alcohol rumor. He noticed the smell of alcohol

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on Brett’s breath and immediately grabbed his backpack and searched it. The backpack contained three bottles of fruit punch but not alcohol. So Officer Law walked Brett over to the lockers and used his master key to open Brett’s locker, which revealed three more bottles. Officer Law opened one of them and this time, it reeked of alcohol.

Following this discovery, Principal Noia called Louis and Brett’s parents. She notified them that both students’ infractions violated school board policy. Brett’s infraction mandated a 14-day suspension followed by intensive counseling sessions with the guidance counselor for the remainder of the school year. Louis, however, was sentenced to juvenile detention for possession of the bat and subsequently expelled from the school.

1. Discuss whether Brett’s constitutional rights were violated. 2. Discuss whether Louis’ constitutional rights were violated. 3. Use the foregoing facts to discuss any policy issues, including the school-to-prison

pipeline, zero-tolerance policies, and severity of punishment.