Abstract

http://ssrn.com/abstract=1015364
 


 



What is Scientific Misconduct, Who Has to (Dis)Prove it, and to What Level of Certainty?


Roy G. Spece Jr.


University of Arizona - James E. Rogers College of Law

Carol Bernstein


University of Arizona


Medicine and Law, Vol. 26, p. 493, 2007
Arizona Legal Studies Discussion Paper No. 07-21

Abstract:     
This article traces the regulation of Public Health Service ("PHS")-funded research from changes begun with the proposal (1999) and then adoption (2000) of a basic, Uniform Federal ("research misconduct") Policy. It argues that the PHS misconduct regulations deny due process of law and are fundamentally unfair because they fail to specify the level of culpability for guilt, force accused researchers to prove that they are innocent, and, although admittedly quasi-criminal, adopt a standard of proof that tolerates nearly a 50 percent probability of false convictions. The regulations' infirmities will be demonstrated by applying them to facts relating to the central charge in the misconduct case pressed by the University of Arizona in 1997 through 2003 against then Arizona Regents' Professor Marguerite Kay, which facts are set forth in our companion piece in this theme issue.

Number of Pages in PDF File: 20

Keywords: scientific misconduct, burden of proof, standard of culpability, standard of proof, presumption of guilt, unconstitutionally vague

JEL Classification: K42

Accepted Paper Series


Download This Paper

Date posted: September 19, 2007  

Suggested Citation

Spece, Roy G. and Bernstein, Carol, What is Scientific Misconduct, Who Has to (Dis)Prove it, and to What Level of Certainty?. Medicine and Law, Vol. 26, p. 493, 2007; Arizona Legal Studies Discussion Paper No. 07-21. Available at SSRN: http://ssrn.com/abstract=1015364

Contact Information

Roy G. Spece Jr. (Contact Author)
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
Carol Bernstein
University of Arizona ( email )
Tucson, AZ 85721
United States
Feedback to SSRN


Paper statistics
Abstract Views: 810
Downloads: 108
Download Rank: 143,125

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.391 seconds