Research Misconduct: Deviance, Due Process, and the Disestablishment of Science

摘要: RESEARCH MISCONDUCT: DEVIANCE, DUE PROCESS, AND THE DISESTABLISHMENT OF SCIENCE* Dan L. Burk** INTRODUCTION The problem of fraud and misconduct in the course scientific research has become a topic national international attention. Once matter reserved for insular professional concern' study by esoteric sub-specialties sociology, 2 subject front-page media attention 3 obsession indignant Congres- sional committees.' Oceans ink have been spilled contemporary legal, historical, social analysis this topic, as learned societies,' outspoken attorneys, 6 investigative reporters 7 all offered their perspective on question. It is not entirely clear whether increased prominence due to surge or unveiling long- standing but hidden problem. Certainly appearance sensational mis- conduct cases come at time when community appears generally troubled. Recent scholarship structure practice science indicates that profession * Copyright 1995 Burk George Mason Independent Law Review. All rights reserved. Portions paper were presented symposium Legal Regulatory Issues Biotechnology, co-sponsored American Chemical Society's Biotechnology Secretariat Division Chemistry Law, March 14, 1994. ** Visiting Assistant Professor University. B.S., Brigham Young Univer- sity, 1985; M.S., Northwestern University, 1987; J.D., Arizona State 1990; J.S.M., Stanford 1993. See, e.g., Andre Cournand, Code Scientist Its Relationship Ethics, 198 SCIENCE 699 (1977). See Harriet Zuckerman, Sociology Science, HANDBOOK SOCIOLOGY 511,520- 25 (Neil J. Smelser ed., 1988). ' Philip Hilts, Federal Inquiry Finds Misconduct By Discoverer AIDS Virus, N.Y. TIMES, Dec. 31, 1992, Al. Scientific Fraud: Hearings Before Subcomm. Oversight Investigations House Comm. Energy Commerce, 101st Cong., 1st Sess. (1989). PANEL ON SCIENTIFIC RESPONSIBILITY CONDUCT RESEARCH, COMMITTEE SCIENCE, ENGINEERING PUBLIC POLICY, NATIONAL ACADEMY SCIENCES, ENGINEERING, INSTITUTE MEDICINE, RESPONSIBLE SCIENCE: ENSURING INTEGRITY PROCESS (1992) [hereinafter SCIENCE]. Barbara Mishkin, Responding Misconduct: Due Process Prevention, 260 JAMA 1932 (1988). WILLIAM BROAD & NICHOLAS WADE, BETRAYERS TRUTH (1982).