Legal Liability for Research Fraud

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Citation: Enrique Guerra-Pujol (2016) Legal Liability for Research Fraud. Statistical Journal of the IAOS (RSS)
DOI (original publisher): 10.2139/ssrn.2669118
Semantic Scholar (metadata): 10.2139/ssrn.2669118
Sci-Hub (fulltext): 10.2139/ssrn.2669118
Internet Archive Scholar (search for fulltext): Legal Liability for Research Fraud
Download: https://ssrn.com/abstract=2669118
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Summary

Explores theories of civil liability for research fraud:

  • Publishers may be able to hold lead authors liable for fraudulent misrepresentation
  • Publishers may be able to hold co-authors liable for negligent misrepresentation
  • Publishers may be able to hold researchers and research organizations liable under a warranty theory of liability
  • Research organizations might be vicariously liable for research fraud committed by employees under the common law doctrine of respondeat superior
  • Predatory publishers might be liable to subscribers or even the public at large under the doctrine of apparent authority

Multiple theories of liability may apply.

Only 10% of 300/year allegations lead to conclusive finding of research misconduct by the National Science Foundation or Office of Research Integrity. Perhaps burden of proof should shift to alleged wrongdoer if evidence is destroyed.

Leaves questions of "chilling effect" on research and optimal level of research to others.


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