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Ian Freckelton QC

Scholarly Misconduct


Law, Regulation, and Practice
2016. 668 S. 245 mm
Verlag/Jahr: OXFORD UNIVERSITY PRESS; OUP OXFORD 2016
ISBN: 0-19-875540-6 (0198755406)
Neue ISBN: 978-0-19-875540-1 (9780198755401)

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This book examines scholarly misconduct in all its forms, from research fraud to forensic misconduct. Taking each type of misconduct in turn, the book details and analyses notorious cases, and court and disciplinary tribunal case law from around the world, looking specifically at the legal and regulatory responses that were evoked in each instance.
Professional misconduct within the academic community is highly publicised. Retractions of falsified research have reached record levels and allegations of fraud and misconduct by scholars generate high-profile investigations and sometimes professional disgrace. Such cases frequently reach the courts, with tribunals determining whether research fraud, plagiarism, sexual misconduct, defamation, discrimination, forensic impropriety, thefts, and other forms of improper
behaviour have been committed. With claims including patient deaths, miscarriages of justice, and exploitation of funding agencies, the legal, reputational, and financial stakes for the individuals and institutions concerned are extremely high.

Scholarly Misconduct: Law, Regulation, and Practice is the first text of its kind to scrutinize the topic of academic integrity through a legal lens and across disciplines. Freckelton chronicles and analyses case law from around the globe, looking specifically at the legal and regulatory responses that were generated. The work also assesses the current policies and practices of academic and research institutions and government agencies worldwide. Finally, it reflects on the measures
that need to be undertaken to reclaim and promote scholarly integrity and to institute rigorous, fair, and clear processes to establish whether scholars have indeed engaged in misconduct.
Not just a scholarly tour-de-force of academic misbehaviour and its causes and responses, Scholarly Misconduct is also an enthralling read packed with dozens of case studies, some of them famous, some of them obscure, but all of them fascinating. Michael Magazanik (Journal of Law and Medicine, 2018)
Ian Freckelton is a Queen´s Counsel in full time practice at the Bar from Crockett Chambers in Melbourne, Australia. He is also a Professorial Fellow in Law and Psychiatry at the University of Melbourne and an Adjunct Professor of Law and Forensic Medicine at Monash University. He is a Commissioner at the Victorian Law Reform Commission running its reference on Medicinal Cannabis and the Law and is the Editor of the Journal of Law and Medicine and the Editor-in-Chief
of Psychiatry, Psychology and Law. He has been a member of many statutory tribunals, including the Medical Practitioners Board, the Psychologists Registration Board, and the Disciplinary Appeals Tribunal in Victoria. He has appeared extensively as counsel before disciplinary tribunals, and on appeal
in criminal and civil cases, as well as in administrative law matters, including those involving staff and student misconduct at universities and other institutions.