In litigation, claims are subject to statutes of limitations. Because the passage of time can affect such things as witness memory and evidence preservation, states pass statutes of limitations providing that claims cannot be brought after the expiration of a certain number of years after a claim arises. While the statutes of limitations vary from state to state and from claim to claim, limitation periods of one, two, or three years are common. Although there are special rules that may delay or otherwise alter the date on which a limitations period begins, once the period expires, a claim cannot be brought. Continue Reading The “Limitations Period” in Research Misconduct Cases: What You Need to Know
At the allegation stage of a research misconduct matter, it may not be known which of several scientists actually committed research misconduct (assuming anyone did), resulting in more than one scientist being named as a respondent. Often, an allegation will be made against the supervising scientist along with the junior scientists in the lab who are involved in the research. This is not inappropriate at the allegation stage; after all, allegations are just that – allegations. Continue Reading Research Misconduct – Guilt by Association
This article was originally published by TheScientist on December 16, 2016.
It was not until the Supreme Court decided a case concerning marital contraception that the right to privacy became a legally cognizable interest sanctioned by the United States. In 1965, the landmark ruling in Griswold v. Connecticut (381 U.S. 479) held that, when one looks at the Bill of Rights, a natural extension is a right to privacy. Since that decision, courts and governments have sought to define the parameters of this right. Continue Reading The Scientist’s Scarlet Letter
Research misconduct inquiries and investigations are conducted by committees appointed by an institution’s research integrity officer. The committee members are typically scientists, not lawyers. Not only must they analyze the science in question, but they also must ensure that the institution meets all of its obligations under both the institution’s misconduct policy as well as federal regulations (if the research is federally funded.) Sometimes an institution will appoint committee members from outside the institution conducting the inquiry and investigation, but it is not required to do so.
A common issue that arises in connection with scientific research misconduct cases concerns what should be done with publications which contain a research record that is the subject of the allegations. This issue can arise even where an inquiry or investigation committee concludes that there was no research misconduct.