Archive for the ‘for legal reasons’ Category
Last summer, Education Policy Analysis Archives, published by the Mary Lou Fulton Teachers College at Arizona State University, informed San Francisco State University professor Stanley Pogrow that the journal would be publishing his paper criticizing a widely used reform intervention for schools in poor districts called Success For All.
According to Success For All‘s website, the program is currently used in more than 1,000 schools in 48 states and received just over $10.5 million in grant funding in 2015. In 2010, the program was one of four recipients of the U.S. Department of Education’s $50 million Investing in Innovation Scale‑up grant.
Yet when Success For All’s co-developer, Robert Slavin at Johns Hopkins University, read a pre-publication draft of the paper, he threatened the journal with legal action if they published it. According to Slavin, the manuscript contained “libelous” and “defamatory” statements.
Subsequently, ASU declined to publish the accepted paper, and instead told Pogrow they would only publish a revised piece on the methodology used to evaluate which school interventions are effective — and thus should receive public funds. The revised paper does not directly mention Success For All or Slavin in the text (although it cites past articles by Pogrow criticizing the program). The revision, which Pogrow agreed to, “gutted the article,” he told us. Read the rest of this entry »
Researchers in Ireland have retracted a case study about a rare type of cancer in a child because – contrary to what they claimed in the paper – they had not obtained the necessary permission from the parents.
In the June 2016 article, the authors stated they had received “written informed consent” from the parents to publish the case. But according to the retraction notice — issued just a few months later in October — that was not the case.
Here’s the retraction notice for “Paediatric Ewing-like sarcoma arising from the cranium – a unique diagnostic challenge,” which for legal reasons, the publisher has withdrawn from public view:
A physics journal has retracted a 2016 study after learning that the author published it without the knowledge or permission of the funder, which had a confidentiality agreement in place for the work.
According to the retraction notice in Applied Physics Letters, the paper also lifted content from other researchers without due credit. Given the “legal issue” associated with the breach of confidentiality, the journal has decided to remove the paper entirely.
A Parkinson’s researcher has earned his fourth retraction after receiving a two-year suspended sentence for fraud.
The sentence for Bruce Murdoch, issued on March 31, 2016, came following an investigation by his former employer, the University of Queensland (UQ) in Australia, into 92 papers. Murdoch entered guilty pleas for 17 fraud-related charges, which resulted in the retraction of three papers co-authored by Murdoch and Caroline Barwood, another former UQ Parkinson’s researcher who faced fraud charges (and was granted bail in 2014).
Now, a fourth retraction has appeared for Murdoch in Brain Injury, this time for duplication and failing to obtain consent from his co-authors.
The Open Science Framework (OSF) has pulled a dataset from 70,000 users of the online dating site OkCupid over copyright concerns, according to the study author.
The release of the dataset generated concerns, by making personal information — including personality traits — publicly available.
Emil Kirkegaard, a master’s student at Aarhus University in Denmark, told us that the OSF removed the data from its site after OkCupid filed a claim under the Digital Millennium Copyright Act (DMCA), which requires the host of online content to remove it under certain conditions. Kirkegaard also submitted a paper based on this dataset to the journal he edits, Open Differential Psychology. But with the dataset no longer public, the fate of the paper is subject to “internal discussions,” he told us.
A Parkinson’s researcher pleaded guilty to fraud in court this morning in Brisbane, Australia, and received a two-year suspended sentence.
Court sentences for fraud are rare, to say the least. This one follows an investigation by Bruce Murdoch‘s former employer, the University of Queensland, into 92 papers — resulting in the retraction of three papers co-authored by Caroline Barwood, also facing fraud charges. The investigation was unable to find any evidence that published research cited in court had been ever carried out.
The Australian reported this morning that Murdoch:
Four expressions of concern in the journal Diabetes have turned into retractions for Mario Saad, a move which he had tried to stop with a lawsuit.
Last August, a judge dismissed Saad’s suit against the American Diabetes Association, which publishes Diabetes, concluding that the expressions of concerns on the papers were not defamation, but part of an “ongoing scientific discourse.” Now, after an investigation at the University of Campinas in Brazil, where Saad is based, and an assessment from an ADA ethics panel (which overturned some of Unicamp’s recommendations), the journal has added to that discourse by turning the EOCs into retractions — and flagging two more of Saad’s papers with EOCs.
Together, the retracted papers have been cited more than 600 times.
As the retraction notes explain, Read the rest of this entry »
A California court has dismissed virologist Judy Mikovits’s lawsuit against fourteen people and two Nevada corporations, in part because she failed to submit necessary documents on time.
Mikovits is the author on a now-retracted Science paper suggesting a link between a virus known as XMRV and chronic fatigue syndrome, which has no known cause. She alleged that she was fired from the Whittemore-Peterson Institute for blowing the whistle on her former colleague’s activities, and that the defendants then colluded to imprison and defame her.
The court dismissed her case last Wednesday. According to the court minutes,
Following questions from outside experts, a retraction of a related paper, a university investigation and a court case, The Lancet has decided to retract a 1992 paper by Ranjit Kumar Chandra, the self-proclaimed “father of nutritional immunology.”
In a lengthy retraction note included in the January 30 issue, the journal explains that:
the balance of probabilities in our judgment is that the reliability of the 1992 Lancet paper by Chandra can no longer be assured.
Chandra is objecting to the retraction.
This retraction was a long time coming, so sit back and relax as we fill in the backstory. Read the rest of this entry »
The authors of a paper on a mechanism for potential cancer therapies are retracting it after realizing they published some proprietary findings “without permission and agreement from St. Jude Children’s Research Hospital.”
According to the retraction note in Journal of the American Chemical Society, the authors included an X-ray crystal structure and data that were gathered at St. Jude’s and considered the hospital’s intellectual property. On the paper, the last author, Zhengding Su, listed an affiliation at St. Jude and Hubei University of Technology in China, along with Amersino Biodevelop Inc., based in Waterloo, Canada.