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Questions tagged [legal-issues]

On legal issues affecting academicians. Note that Academia.SE, like any SE site, cannot offer specific legal advice; consult a lawyer for such questions. Use [law], not [legal-issues], for questions on law as an academic discipline or field of study.

10
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1answer
441 views

In the EU, how much protection do I have if I report an assault on myself by my department head?

I had a very ugly incident at my corrupt institute (I live in E. EU). In short, I was assaulted by one of the department's heads during my own group meeting on my own grant for daring to "back talk" ...
2
votes
1answer
104 views

What should I do when my work has been published by my supervisor without my knowledge?

I had worked on a project for my bachelor thesis in 2012 and in 2013, I moved to Germany for further study. Now when I am facing several interviews for Ph.D. and the supervisors ask if I have ...
11
votes
1answer
1k views

What does “thanks x-institute for hospitality” mean in an acknowledgement?

What does The author wishes to thank institute X for hospitality. mean in an acknowledgement? Does it imply that they paid me a hotel or a per diem, or is it enough if they provided me an ...
37
votes
4answers
5k views

I believe a publisher is infringing copyright when reproducing a figure I created. What can I do?

A few months ago an Elsevier representative contacted me asking for permission to reproduce one of my thesis figures in one of their books. Since this figure is only in my thesis (introduction section)...
2
votes
2answers
133 views

Sharing a master thesis with a third party before the final exam

I start by describing the situation: a friend of mine is a master student in Italy, and is going to graduate soon. She wrote her master thesis and submitted it, and should have her final exam (the one ...
1
vote
1answer
97 views

Post doctoral while working on self employed job

I am in need to know if there is a provision wherein I could do a post-doctorate in the USA for a year or two, while I am owning my own Biotechnology firm back in my home country?
1
vote
1answer
40 views

Web Crawl Dataset - Legal & Practical feedback [closed]

I'm working on a web site classification method. Papers in field (Text Classification / Web Page Classification) are usually using: a) Ancient, but well known & widely adopted, datasets like ...
13
votes
4answers
5k views

Is it appropriate for a PI to appoint someone who is a family member?

I am a junior faculty in one of the top-tier research US institutions. I just joined the department and hired two GRAs meanwhile. In addition, I would like to appoint one more individual in my ...
2
votes
0answers
103 views

Releasing crawled data: Potential legal challenge? [closed]

In many occasions in computer science I saw papers that analyze social network data also released these data, such as http://socialnetworks.mpi-sws.org/data-imc2007.html http://socialcomputing.asu....
14
votes
2answers
2k views

Restroom and lunch breaks in medical school

My apologies if this is not the right place to be asking this question. My pregnant wife is an osteopathic medical student in New Mexico, and she tells me that the school does not always give them a ...
0
votes
1answer
85 views

On the possibility and legality of bulk downloading IEEE papers

Is it possible to download all available literature from IEEE explore? Is it allowed? I was thinking that now, while I still have access due to being in academia, I might download everything I could ...
3
votes
4answers
687 views

Should I consider legal action if my attempts to persuade my university to allow me to complete my PhD prove unsuccessful?

My situation I could go into the details of the situation in some detail here, but I fear it would read like a shaggy-dog story. For the moment I'll limit myself to these (what I hope are) salient ...
23
votes
3answers
5k views

How to get lab resources back from a post-doc who resigned while on vacation and not coming back?

I am posting this on behalf of my advisor. A post-doc in my research group at US told that he'd be going home to meet his family who are in a different country, but after two months he emails that he ...
34
votes
5answers
11k views

Would an honest researcher actually have to pay back their salary?

Recently, I read the answer by Hexal to the following question here: Not including student who contributed very little as coauthor of paper and I was scared. Much more than scared, I could not sleep ...
30
votes
7answers
11k views

Legality of downloading books from websites such as Library Genesis

I am an international student who will be joining a graduate program at a US university starting Fall '18. In my home country, I have used such websites as Library Genesis and BookFi to download ...
5
votes
1answer
87 views

Do proofs count as post-prints for sharing purposes?

Some journals allow post-prints to be shared, but not the publisher's version. In these cases, can I share those proofs that are generated before the paper is published? They are not the final version ...
6
votes
4answers
876 views

University-wide use of cracked OS and software – how to fix this?

My university is using cracked OS and software throughout. The school is very huge at 70 hectares and there are buildings everywhere. All of the computers in the computer labs and offices are full of ...
4
votes
3answers
912 views

Applying for a new doctoral program after expulsion

I am not prepared to give many details in a public forum - as such this posting will contain intentional generalizations that may be of interest to academia.se's research higher studies community help,...
2
votes
0answers
18 views

Looking for an example or draft of an IP-related agreement for industry employment

Researchers which start doing industrial work while continuing independent research are in a delicate position with respect to the part of their contract/employment agreement governing "intellectual ...
1
vote
2answers
545 views

If I appeal an admission decision by a German university at the court, would the department take it personally?

I've applied to a graduate program at a university in Germany and there is relatively clear evidence indicating that they've missed one or even two of my documents in application review based on the ...
0
votes
1answer
152 views

Took an Incomplete Letter Grade, and Now Professor Asks Me to Write a Longer Paper

I'm a sophomore in college, and during finals week of the Spring term I got sick and couldn't get out of bed. After requesting an Incomplete Work contract to my English professor, she agreed to let me ...
6
votes
2answers
229 views

How to treat dual affiliation in a journal article

I am supposed to receive research funds from a Chinese university while I am working for a US university. The issue is that the Chinese university, as a part of contractual requirements, requests fund ...
0
votes
2answers
63 views

Dataset of commercial binaries: release possible?

For my final thesis in university, I have created a dataset of third-party applications for macOS. For each version of each app, the dataset contains the original executable, the original Info.plist ...
8
votes
2answers
2k views

How to translate German “Wissenschaftszeitvertragsgesetz”?

I'm drafting a job offering for a paid PhD position at a German university. It's a temporary position, so it's offered under the terms of the Wissenschaftszeitvertragsgesetz, a German law that limits ...
7
votes
4answers
330 views

Must publicly funded research in the EU be published as open access by law?

I remember reading a while ago that there was a proposal going around in the European Parliament. If I remember correctly, it said that all publicly funded research should be publicly accessible. Did ...
3
votes
0answers
109 views

How to expedite? Compensation? University still hasn't provided alternative formats after 9 months

Facts My visually impaired brother attends university ("UNI") in England. In Jul 2017, he requested Alternative Formats. As of Apr 11 2018, UNI's Library still hasn't contacted the publishers, but ...
1
vote
0answers
194 views

What are the drawbacks of using an English university’s complaints procedure, rather than starting in court? [closed]

King’s College London (“KCL”) denied my request for everlasting Alternative Venues, and Stage 1 (Local information resolution) failed. They informed me that the next step is Stage 2 (Formal ...
9
votes
1answer
485 views

My university changed my bachelor course. What can I do?

I'll have to excuse myself if my question sounds rant-like. I am desperate. Back in 2013, I started my 4 year (240 ECTS) bachelor course. The course I went to was ranked the best in the country (of ...
8
votes
2answers
389 views

How can I seek permanent Personalised Assessment Arrangements, rather than reapplying each year?

I'm severely disabled. Under Outcomes and length of arrangements: If your condition is long-term and unchanging, the Personalised Assessment [henceforth PA] Arrangements Committee (PAAC) will ...
8
votes
1answer
256 views

Received a mail from a collections agency

This is slightly long so please bear with me. This is for a friend and I'll be writing from his perspective. I am an international graduate student at the University A. In 2016 when I was receiving ...
4
votes
1answer
174 views

If I use non-government funds to pay for flight on non-U.S. carrier, can I then use government funds for other costs of that trip?

The Fly America Act states that all U.S.-government funded travel must be done via U.S. air carrier service (there are some exceptions, but none of them apply to my scenario). I recently received a ...
27
votes
6answers
5k views

What does a promise of possible funding “based on availability of departmental funding” actually mean?

I'm finishing up my third year of a PhD program this Spring. Until recently, I had assumed that I would have four years of funding as many of the PhD students do. However, after asking the department ...
39
votes
3answers
5k views

Persistent issues with salary pay as a postdoc in China: What can I do?

I am a third-time postdoc, and had never before had problems with getting paid. For almost two years now I have been a postdoctoral fellow at a university in southern China. This is my first ...
0
votes
1answer
55 views

Can Journals settle all legal processes related to accepted papers before publication on behalf of authors?

For an accepted paper about to be produced (not open access), the author should agree to terms that all illustrations, tables etc. have recieved permissions from the copyright owner. If the author ...
199
votes
9answers
29k views

Professor creates assignment making students advocate for a bill being presented to Congress. Is this legal?

I attend a public university in Kentucky (USA). My professor has assigned an advocacy assignment that requires students to write three letters of support for a certain House bill that will soon be ...
-2
votes
1answer
122 views

Legal Ramifications For Student Paid Paper [closed]

What legal ramifications can I turn to after determining someone has paid another student to write their paper?
25
votes
4answers
5k views

Advisor miscalculated the personnel budget for research grant

I am a PhD student directly employed by a German university, this means my salary is paid directly by the federal government. In Germany, the salary of PhD students is (often and in my case, ...
7
votes
3answers
282 views

Is it legally okay to photocopy solutions from a solutions manual when giving answers to students?

I am the TA for a class and we plan on assigning problems from a book. The professor also has the solutions manual for this book. Would any legal problems arise if, instead of writing the solutions ...
37
votes
5answers
9k views

Filing discrimination claim against my department

I am a graduate student and I believe I was discriminated against by my department. I am pretty hurt by it, but I do not want to give further details to protect my identity. I spoke to a lawyer and he ...
2
votes
2answers
238 views

Is it illegal or unethical for a publishing company to pay in exchange for including a co-author?

Some weeks ago a company contacted me via email. In summary, they offer to pay you if you include a co-author. They also need you to sign an agreement with your University and them. So, from one side, ...
9
votes
2answers
346 views

Does labor law apply to graduate students?

As a former student employee, I was fairly ignorant of labor laws in general. But now as I am applying to graduate programs, given the increased demands and duties of graduate students: teaching, ...
2
votes
1answer
199 views

Does the duration of doctoral and postdoctoral phase *always* matter for a W1 position in Germany?

Junior professorships in Germany are claimed to have, essentially, restrictions in terms of the speed of progress: https://de.wikipedia.org/wiki/Juniorprofessur says In principle the employment ...
52
votes
7answers
9k views

Is “Assistant Professor Position (Tenure Track) for a female Researcher” illegal in Austria?

Not so long ago an Austrian institution posted a job ad titled "Assistant Professor Position (Tenure Track) for a female Researcher". The description says further As part of a special measure ...
2
votes
1answer
129 views

Can publisher alter or invent writing and attribute that to the author without consultation?

Is it legal to publish a document under an authors name without the author seeing the manuscript? What if the author's manuscript is radically altered to the extent of say the opposite of the ...
15
votes
2answers
3k views

Is it reasonable to get the university's legal team to advise on an open source licensing issue that affects software developed for research

I am developing some open source software for use in research. I intend to publish a paper about it. (It is marginally novel, and there is a venue I have in mind that accepts such.) One piece of ...
207
votes
13answers
39k views

How to avoid being falsely accused of harassment by a student?

I am a junior faculty member and as part of my work I have to supervise students. I am required by the University to have one-on-one meetings with them every week to check their progress and give ...
4
votes
2answers
497 views

How to explain blackballing by previous program in PhD application?

I was recently forced out of a PhD program at XX early in the dissertation stage. Without going into details, XX acted in bad faith and also broke the law. So even though a good academic case can be ...
2
votes
1answer
241 views

How secure is it to receive an offer of post-doc position in email? [duplicate]

I received an unofficial offer for a post-doctoral researcher position a few days ago from a well-known and respected professor in the field, and the institution is very well-ranked. At the same time, ...
1
vote
2answers
443 views

“The Immigration Reform and Control Act” (IRCA) for EU applicants [duplicate]

I'm a European Union citizen living in EU and applying for an assistant professorship position in US. The application form asks the question For purposes of compliance with The Immigration Reform ...
2
votes
0answers
43 views

Negotiating the intellectual property of a (US) industry contract

I'm finishing a post-doc and possibly going (back into) industry, but with the intent to continue research and publish papers and FOSS software. I know that hi-tech companies typically give you this ...