About the Book
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 scrutinise 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.
Table of Contents:
1: Introduction
2: Research Misconduct: Profiles, Principles and Problems
3: Research Misconduct: Examples and Solutions
4: Conflicts of Interest
5: Forensic Misconduct
6: Plagiarism
7: Dishonesty and Breach of Intellectual Property Rights
8: Offensive Behaviour
9: Sexual Misconduct
10: Alcohol-Associated Misconduct
11: Whistleblowing
12: Reasserting Scholarly Integrity
About the Author :
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.
Review :
"Freckelton has produced a tour de force - an extraordinary compilation and analysis of all facets of scholarly misconduct ... The text is really essential reading for anyone connected to academic activities, institutions and research. This book is certainly a must for all university and academic libraries, and for all of us in academia who may have to deal with such occurrences." - Professor Roger W. Byard, Forensic Science, Medicine and Pathology"Scholarly Misconduct will take you out of your comfort zone, exposing the evils of research misconduct, conflicts of interest, plagiarism, dishonesty in employment, denigration, disputation and malicious harassment of colleagues, sexual misconduct and whistleblowing. The author's attempts to move past the blame on an individual's personal defects to reveal the systemic causes for cultures of misconduct are particularly enlightening and especially relevant to each of us ... Finally though, everyone loves a good story, and this book is a cracker of a read, full of forensic sagas with egotistical characters, dark plots and deceit." - Dr Nicole Woodrow and A/Prof Vinay S Rane, O&G Magazine (Summer 2017)"The pervasive theme of Dr Freckelton's outstanding work is that professional integrity has, as its fundamental feature, the requirement of ethical conduct. That concept is applicable to all professions and translates particularly closely to legal practice. All lawyers will benefit from reading this book. Dr Freckelton's research and writing style demonstrates his ability as an author of great breadth and depth in a wide variety of scholarly fields." - Adjunct Professor the Hon Nahum Mushin, Law Institute Journal"On more than one occasion I have expressed to colleagues that one day I hope to write a scholarly book that people want to read rather than have to read. Dr Ian Freckelton QC, barrister and prolific legal author, has achieved this unusual and commendable feat in his work Scholarly Misconduct ... Freckelton is to be congratulated for producing an incisive, well-written and researched, tome on this increasingly significant area. It is a scholarly book that many will want to read." - Professor Gino Dal Pont, Australian Law Journal"In his well-researched account, Freckelton stresses the need to uphold standards in the academic world. And with science and the law both handling evidence, the overlap between the two is interesting." - David Pickup, The Law Society Gazette"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)
