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.

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2answers
283 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
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1answer
613 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 ...
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2answers
434 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 ...
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1answer
266 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
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1answer
237 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 ...
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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 ...
41
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3answers
7k 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 ...
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1answer
57 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 ...
204
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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 ...
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1answer
126 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?
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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, ...
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3answers
325 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 ...
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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 ...
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2answers
261 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
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2answers
642 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
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1answer
212 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 ...
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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
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1answer
131 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 ...
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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 ...
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13answers
42k 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
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2answers
550 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
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1answer
284 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, ...
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2answers
652 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
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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
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1answer
206 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, ...
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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 ...
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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 ...
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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? :)
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1answer
460 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
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2answers
174 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
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1answer
303 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
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1answer
742 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
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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
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1answer
186 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
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2answers
480 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 ...
36
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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
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1answer
430 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 ...
8
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1answer
1k views

Does the ND (NoDerivatives) clause forbid the distribution of any form of text or data mining based on papers with such a license?

I was reading "Your Guide to Publishing Open Access with Elsevier" (URL: https://www.elsevier.com/__data/assets/pdf_file/0020/181433/openaccessbooklet_May.pdf (mirror)) and saw this table on page 6: ...
28
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3answers
16k views

What are the consequences of using Sci-Hub?

A student of mine has told me about Sci-Hub, where people can download copyrighted scholarly articles for free. I have cautioned him that it is illegal, but he challenged me asking me what would be ...
3
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2answers
79 views

Permissions required for using an app for a study

What kind of permissions do I need to obtain from the developer of an app if I am planning to use it in a study? The study primarily aims to look at how different students learn mobile games ...
2
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1answer
549 views

Posting solutions to textbook problems online [duplicate]

I'm interested in knowing whether there are any legal issues (e.g., copyright infringement) in posting solutions to problems of a (paid) textbook. I have mentioned these problems in class and did not ...
7
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1answer
130 views

Is there any regulation governing the accessibility of research papers? (to ensure they can accommodate the reading preferences of the users)

There exist some regulations regarding the accessibility of educational materials (mirror), such as the Americans With Disabilities Act of 1990 (mirror) or the Section 508 (mirror). Is there any ...
2
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0answers
223 views

How many online courses have been removed due to accessibility laws?

Is there any research/study/survey/database that tried to quantify how many online courses/videos/audio lectures/other educational materials have been removed due to accessibility laws such as the ...
8
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1answer
639 views

Aren't YouTube captions good enough not to violate the Americans With Disabilities Act of 1990?

I read on Berkeley will begin removing more than 20,000 video and audio lectures from public view as a result of a Justice Department accessibility order (mirror) (published on 2017-03-06) The ...
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4answers
20k views

Is it legal to use Sci-Hub in Germany?

I used to use this website to get the research papers that are not freely available online. So, passing the right name of any research work for this Russian website will derive the paper directly to ...
2
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1answer
188 views

Can a private college disallow a club based on politics?

I am asking this question in light of recent events, as well as from personal experience. Is a college, particularly a private college, allowed to not accredit or allow a club on campus that is ...
23
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1answer
4k views

Can you be dismissed from a graduate program for attending jury duty?

From what I’ve read, an employer can’t legally fire you for attending jury duty, although they don’t have to pay you. I’ve been called before but never had to serve more than a day. However, a grad ...
12
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2answers
537 views

In U.S. universities, do male professors get paternity leave?

Do American universities typically help male professors transition into fatherhood by offering (paid) paternity leave? If so, what is the standard amount of paid time off that is offered? Feel ...
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2answers
474 views

Do I have to explicitly seek permission from Professor before audio-recording his lecture? [closed]

Similar questions (privacy/ethical point of view,generic legal point of view) have been asked before but I am looking an answer from a legal standpoint specific to the state of New York. I am a ...
1
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2answers
2k views

Is it ok to ask for H1-B visa during postdoc interview? How?

I will have a couple of interviews for postdoc positions in the US (at big universities). I have read that it might be very convenient to get an H1-B visa (I'm from a non-US & non-EU country). ...