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.

Filter by
Sorted by
Tagged with
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 ...
35
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 ...
43
votes
8answers
96k 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
137 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
2k 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
1k 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
22 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
1k 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
217 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
652 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
68 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
3answers
368 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
2answers
306 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 ...
9
votes
1answer
722 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
442 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
268 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
238 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 ...
26
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 ...
43
votes
3answers
8k 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
58 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 ...
208
votes
9answers
31k 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
127 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, ...
6
votes
3answers
342 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 ...
36
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
265 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
719 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
221 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 ...
53
votes
7answers
10k 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
132 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 ...
211
votes
13answers
43k 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 ...
3
votes
2answers
573 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
306 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
695 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
49 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 ...
4
votes
1answer
222 views

Is it “fair use” to use figures from a publication in monetized educational material?

Is it considered "fair use" (i.e. legal) to use figures and/or images from a journal/conference publication, in educational material (possibly for a lay audience) that is monetized or monetizable, ...
1
vote
0answers
69 views

Publishers' request on linking their copy of a paper

Continuing How to satisfy the publisher when making an article available on a personal web page? : Copyright agreements of certain publishers such as Springer and IEEE request that if an author ...
69
votes
7answers
8k views

Are PhD supervisors responsible for informing students about legal issues pertaining to research?

After an extreme amount of effort, I am now in possession of a very large dataset of human experiments which is required for my research. However, after speaking with some of my colleagues about ...
9
votes
3answers
5k views

Is teaching on YouTube for non-teachers illegal? [closed]

I'm planning to start a YouTube channel to help non-Italian speakers learn how to speak Italian. I was wondering if it may be illegal to do so, given I'm not a qualified teacher. Can anybody help? :)
8
votes
1answer
483 views

Some weirdo is harassing me via e-mail and knows my physical address at uni; What do I do?

A particular individual whom I've only had contact with via e-mail is angry that they didn't get to participate in an experiment I ran (yes, just that fact makes me glad I didn't choose them). I tried ...
7
votes
2answers
194 views

Regarding self-archiving embargos, what is the “official publication” date?

Springer's self-archiving policy states: Authors may self-archive the author’s accepted manuscript of their articles on their own websites. Authors may also deposit this version of the article ...
5
votes
1answer
330 views

What should I do if I think that my former supervisor has published our results without citation or acknowledgment?

A few years ago I worked in a lab as a visiting researcher (something like internship). As the result, I had to write a short report which at that moment didn't look like a proper paper. Recently I'...
8
votes
1answer
763 views

Terms agreed upon for PhD offer are being unilaterally rescinded—what to do?

At my old university: I was a visiting researcher at a university, working with my current advisor. My advisor got an offer to go to another university. He also offered me to join him at his new ...
30
votes
8answers
6k views

Postdoc that refuses to follow the terms of her contract

I am supervising a research group. Each year, our institution offers several four years postdoc positions, and one year ago I told a friend of mine to apply to it because we work in very similar ...
3
votes
1answer
193 views

Re-implementing one's own proprietary code as open-source

I wrote some software as part of an internship. It worked well for the task and we published a paper on it. However, because the internship was at a company, not my graduate institution, the code is ...
5
votes
2answers
518 views

Is it legal / ethical for a professor to monetize course content videos?

I am a college student who is currently enrolled in a class where the professor posts lecture videos online with ads enabled. I was wondering if this is legal; the professor is being paid by the ...
35
votes
1answer
4k views

How to prosecute plagiarism when the discoverer of the plagiarism is an outside third party?

Recently a group of students have investigated the the alleged plagiarism in the thesis of one of the most famous alumnus's of Glasgow Caledonian University. In one specific case, a crowd-sourced ...
8
votes
1answer
463 views

FERPA: Can I anonymously quote a student?

Every once in a while, my students write something outrageously funny in their homework, either on purpose or by accident, and I'd love to share these short quotes with a colleague/friend for mutual ...