Transcription of Plagiarism in Colleges in USA - rbs2.com
1 Apr 2012 Page 1 of 89 Plagiarism in Colleges in USAlegal aspects of Plagiarism , academic policy Copyright 2000, 2012 by Ronald B. StandlerNo copyright claimed for works of the copyright claimed for quotations from any source, except for selection of such , college , copy, deceit, degree, diploma, fraud, fraudulent, intent,integrity, law, legal, misconduct, misrepresentation, paraphrase, paraphrasing,plagerism, Plagiarism , plagiarist, plagiarise, plagiarize, plagiary, rescind, revoke,school, universityTable of ContentsIntroduction.
2 4disclaimer .. 41. Plagiarism .. 5 Why Plagiarism is wrong.. 5my definition of Plagiarism .. 7indicia of a quotation .. 7intent .. 7ideas too? .. 9paraphrasing without a citation is Plagiarism .. 9fine points of paraphrasing .. 10ghostwriting .. 112. Sources for plagiarized text .. 11incidence of Plagiarism .. 123. The Law of Plagiarism .. 13A. copyright law .. 13plagiarism distinguished from copyright infringement .. 14paraphrasing is copyright infringement.
3 15substantially/strikingly similar .. 17cases on access .. 17cases on substantially similar test .. 18cases on strikingly similar test .. 18intent is irrelevant .. 19moral rights .. Apr 2012 Page 2 of 89B. Lanham Act .. 21 Dastar .. 25 Dastar and limited times .. 27 Dastar and Plagiarism .. failure to honor Berne Convention .. 30C. other causes of action .. 311. unfair competition law .. 312. fraud .. 313. equity.
4 33D. new tort .. 33duty .. 35injury .. 35E. statutes prohibiting sale of term papers, etc.. 37F. circumstantial evidence of copying .. 37need source document? .. 37level of proof .. 384. Court Cases Against Plagiarists in Colleges .. 39A. student-plagiarists .. 40 Joseph E. Hill .. 40 Gabrielle Napolitano .. 41 Anthony Lamberis .. 44 Alsabti .. 46 Paul Haugh .. 46 Michael Hand .. 46 Dennis Allen Faulkner .. 47 Michael Sanderson.
5 48original vs. quotations .. 49 Zellman .. 49 Mechanical Engineering at Ohio University .. 50 Hanna Jaber .. 52 Elizabeth Nixon .. 52 Coster v. Duquette .. 53 Jonathan Katz .. 53B. plagiarists unfit to be a lawyer .. 57C. professors who plagiarized .. 58 Rothermich .. 58 Leonard M. Freeman .. Sakis Meliopoulos .. 62 Jason Yu .. 65M. Jamil Hanifi .. 65D. summary .. Apr 2012 Page 3 of 895. Laws Prohibiting Sale of Term Papers.
6 68cases .. 69 Saksniit .. 69 International Term Paper .. 72 Magee .. 72A1 Termpaper, et al.. 74 Rusty Carroll .. 756. My Suggestions for Policy .. 76A. suggestions for teachers .. 76B. suggestion for college administrators .. 77C. how to detect Plagiarism .. 787. Colleges may rescind degrees .. 79double jeopardy ? .. 818. No Plagiarism for ideas ? .. 829. Self-Plagiarization .. 84students .. 84scholarly publications.
7 8410. Threat of Litigation Against Reporters of Plagiarism .. 8511. Alternatives to Litigation for Plagiarism .. 86 Conclusion .. Apr 2012 Page 4 of 89 IntroductionPlagiarism by students is a serious problem in Colleges in the USA. I wrote the originalversion of this essay in January 2000 and I was surprised to find that it quickly became the mostpopular essay at my professional website, as a result of links by many hundreds of professors, college librarians, and university administrators.
8 This essay discusses Plagiarism from a legalperspective, as well as commenting on academic policies about subject of Plagiarism in Colleges is rarely discussed in legal journals and law textbooks. For example, the excellent book by William A Kaplin and Barbara Lee, THE LAW OF HIGHEREDUCATION, third edition (1995), despite its length of 976 pages, mentions Plagiarism in neitherthe index nor table of contents. Some Colleges in the USA have posted a webpage aboutplagiarism, and I mention a few of these webpages at.
9 In May-June 2007 and October-November 2009, I did more legal research and wrote majorrevisions of this essay. Because I was then a consultant to plaintiff s attorney in a Plagiarism case,I could not post these revisions at my website, because that could provide free legal research andanalysis to the opposition. The most important parts of the new content (since my last HTML version of April 2001) include: detailed discussion of analogous parts of copyright law, beginning at page 13, discussion of the Supreme Court decision in Dastar, in the section that begins at page 25 critically important because Dastar ended litigation for Plagiarism under a falsedesignation of origin theory,and more judicial opinions from cases involving plagiarists in Colleges , in the section that beginson page 39.
10 DisclaimerThis essay is intended only to present general information about an interesting topic in law andis not legal advice for your specific problem. See my disclaimer .Note that the definition of Plagiarism , and particularly the exclusion of facts and ideas fromplagiarism, in this essay are my personal views of what the rules should be. The rules that applyto a student are given in the regulations of the student s college , or in instructions from thestudent s professor. I list the cases in chronological order in this essay, so the reader can easily follow the historicaldevelopment of a national phenomenon.
