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3. Law and the Conduct of Scientific and Engineering Activities
Pages 12-17

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From page 12...
... Federal regulatory and policy decisions of great importance hinge more and more on questions of cutting-edge science and technology. Traditional mechanisms for conveying policy-relevant research findings permit researchers to retain a proprietary interest in their underlying research data.
From page 13...
... PUBLIC ACCESS TO FEDERALLY FUNDED RESEARCH DATA THAT UNDERLIES REGULATION The regulatory requirement of publication and notice seeks public consensus as to the accuracy of facts and reasonableness of proposed new rules and regulations. However, the facts may be disputed, and regulators then labor under a handicap in establishing public credibility.
From page 14...
... After much public discussion, OMB issued the final rule. The final rule provides public access to "research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has the force and effect of law." The rule which applies only to nonprofit research grantees raises a number of questions that may lead to litigation: 1.
From page 15...
... A federally funded researcher studying the effects on communities of the Exxon Valdez oil spill, for example, was served with a subpoena from Exxon demanding all materials from an ongoing study, including notebooks, letters, working papers, handwritten survey responses from residents, and other raw material (Picou, 1996~.5 In another case, several researchers studying impacts of cigarette advertising on children were served with similarly broad subpoenas by a cigarette manufacturer defending a suit in a California court (Fischer, 1996~. It has been suggested that in these cases, the legal process was bent to serve extralegal purposes in fishing expeditions that had little to do with resolving the case.
From page 16...
... The White House National Science and Technology Council recently revised the federal policy on research misconduct. The new policy defines research misconduct more narrowly, limiting it to "fabrication, falsification, or plagiarism in proposing, performing or reviewing research, or in reporting research results." Other types of misconduct (e.g., theft, harassment, and discrimination)
From page 17...
... A researcher who is penalized or debarred by administrative action of the agency may appeal to federal court. Federal courts do not have jurisdiction to review scientific or research misconduct investigations under the Administrative Procedure Act until there is a final agency action and the imposition of a sanction [Abbs v.

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