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The Role of Ethics and Morality in Law: Similarities and Differences

2021, Ohio Northern University Law Review

The aim of this paper is to analyze the relationship between the complimentary concepts of ethics, morality, and law. To a certain extent, these related concepts share some common features. Ethics as a discipline is concerned with what is morally good and bad, and right or wrong, while morality deals with standards and rules of good conduct in society, and law, as a cognitive process, regulates social life through the promulgated rules crafted by a legitimate authority. But how are the differences or similarities between these interrelated concepts expressed? First, the main difference between law and morality appears in the mode of expression. Morality is expressed through the conduct of the individual and his relationship with others, whereas the law applies to the external behavior of individuals in their relation to one another as citizens. Morality is in some way an integral part of law, and every legal system, and to that extent is inseparable from it. Second, although ethics and morality are often used interchangeably, the difference between them, as we will examine further, is more than a matter of terminology, as the terms clarify the relationship of individual values to those within the social and legal order. Finally, regarding legal ethics, the importance of this discipline lies in shaping lawyers' behavior and professional conduct that are principles they should conform to as members of both the social and legal communities.

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Ethical and Legal Issues of Research

First Online: 01 January 2022

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Sergey K. Aityan 2

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Aityan, S.K. (2022). Ethical and Legal Issues of Research. In: Business Research Methodology. Classroom Companion: Business. Springer, Cham. https://doi.org/10.1007/978-3-030-76857-7_21

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Health Law and Ethics

HEALTH SYSTEMS SCIENCE, Susan E. Skochelak et al., eds., 2nd edn, Elsevier, 2021

U of Penn Law School, Public Law Research Paper No. 20-27

Harvard Public Law Working Paper No. 21-03

Texas A&M University School of Law Legal Studies Research Paper No. 22-67

42 Pages Posted: 17 Aug 2020 Last revised: 7 Feb 2023

William M. Sage

Texas A&M University School of Law

I. Glenn Cohen

Harvard Law School

Allison K. Hoffman

University of Pennsylvania Carey Law School

Date Written: 2019

Law and ethics are both essential attributes of a high-functioning health care system and powerful explainers of why the existing system is so difficult to improve. U.S. health law is not seamless; rather, it derives from multiple sources and is based on various theories that may be in tension with one another. There are state laws and federal laws, laws setting standards and laws providing funding, laws reinforcing professional prerogatives, laws furthering social goals, and laws promoting market competition. Complying with law is important, but health professionals also should understand that the legal and ethical constraints under which health systems operate must themselves adapt if health systems science is to advance.

Note: Funding Information: None. Conflict of Interests: None.

Keywords: Law & ethics, health care systems, fiduciary duty, conflict of interest, professional self-regulation, market competition, fraud, abuse, privacy, confidentiality, health insurance, informed consent to treatment, medical malpractice & redressing error, withholding & withdrawing care

JEL Classification: I11, I13, I14, K32

Suggested Citation: Suggested Citation

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Indian J Anaesth
v.60(9); 2016 Sep

Legal and ethical issues in research

Camille yip.

1 Department of Women's Anaesthesia, KK Women's and Children's Hospital, Bukit Timah, Singapore

Nian-Lin Reena Han

2 Division of Clinical Support Services, KK Women's and Children's Hospital, Bukit Timah, Singapore

Ban Leong Sng

3 Anesthesiology and Perioperative Sciences Academic Clinical Program, Duke-NUS Medical School, Singapore

Legal and ethical issues form an important component of modern research, related to the subject and researcher. This article seeks to briefly review the various international guidelines and regulations that exist on issues related to informed consent, confidentiality, providing incentives and various forms of research misconduct. Relevant original publications (The Declaration of Helsinki, Belmont Report, Council for International Organisations of Medical Sciences/World Health Organisation International Guidelines for Biomedical Research Involving Human Subjects, World Association of Medical Editors Recommendations on Publication Ethics Policies, International Committee of Medical Journal Editors, CoSE White Paper, International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use-Good Clinical Practice) form the literature that are relevant to the ethical and legal aspects of conducting research that researchers should abide by when conducting translational and clinical research. Researchers should note the major international guidelines and regional differences in legislation. Hence, specific ethical advice should be sought at local Ethics Review Committees.

INTRODUCTION

The ethical and legal issues relating to the conduct of clinical research involving human participants had raised the concerns of policy makers, lawyers, scientists and clinicians for many years. The Declaration of Helsinki established ethical principles applied to clinical research involving human participants. The purpose of a clinical research is to systematically collect and analyse data from which conclusions are drawn, that may be generalisable, so as to improve the clinical practice and benefit patients in future. Therefore, it is important to be familiar with Good Clinical Practice (GCP), an international quality standard that is provided by the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH),[ 1 ] or the local version, GCP of the Central Drugs Standard Control Organization (India's equivalent of US Food and Drug Administration)[ 2 ] and local regulatory policy to ensure that the research is conducted both ethically and legally. In this article, we will briefly review the legal and ethical issues pertaining to recruitment of human subjects, basic principles of informed consent and precautions to be taken during data and clinical research publications. Some of the core principles of GCP in research include defining responsibilities of sponsors, investigators, consent process monitoring and auditing procedures and protection of human subjects.[ 3 ]

ISSUES RELATED TO THE RESEARCH PARTICIPANTS

The main role of human participants in research is to serve as sources of data. Researchers have a duty to ‘protect the life, health, dignity, integrity, right to self-determination, privacy and confidentiality of personal information of research subjects’.[ 4 ] The Belmont Report also provides an analytical framework for evaluating research using three ethical principles:[ 5 ]

Respect for persons – the requirement to acknowledge autonomy and protect those with diminished autonomy
Beneficence – first do no harm, maximise possible benefits and minimise possible harms
Justice – on individual and societal level.

Mistreatment of research subjects is considered research misconduct (no ethical review approval, failure to follow approved protocol, absent or inadequate informed consent, exposure of subjects to physical or psychological harm, exposure of subjects to harm due to unacceptable research practices or failure to maintain confidentiality).[ 6 ] There is also scientific misconduct involving fraud and deception.

Consent, possibility of causing harm

Based on ICH definition, ‘informed consent is a process by which a subject voluntarily confirms his or her willingness to participate in a particular trial, after having been informed of all aspects of the trial that are relevant to the subject's decision to participate’. As for a standard (therapeutic) intervention that carries certain risks, informed consent – that is voluntary, given freely and adequately informed – must be sought from participants. However, due to the research-centred, rather than patient-centred primary purpose, additional relevant information must be provided in clinical trials or research studies in informed consent form. The essential components of informed consent are listed in Table 1 [Adapted from ICH Harmonised Tripartite Guideline, Guideline for Good Clinical Practice E6(R1)].[ 1 ] This information should be delivered in the language and method that individual potential subjects can understand,[ 4 ] commonly in the form of a printed Participant Information Sheet. Informed consent is documented by means of written, signed and dated informed consent form.[ 1 ] The potential subjects must be informed of the right to refuse to participate or withdraw consent to participate at any time without reprisal and without affecting the patient–physician relationship. There are also general principles regarding risk assessment, scientific requirements, research protocols and registration, function of ethics committees, use of placebo, post-trial provisions and research publication.[ 4 ]

Essential components of an informed consent

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Object name is IJA-60-684-g001.jpg

Special populations

Informed consent may be sought from a legally authorised representative if a potential research subject is incapable of giving informed consent[ 4 ] (children, intellectual impairment). The involvement of such populations must fulfil the requirement that they stand to benefit from the research outcome.[ 4 ] The ‘legally authorised representative’ may be a spouse, close relative, parent, power of attorney or legally appointed guardian. The hierarchy of priority of the representative may be different between different countries and different regions within the same country; hence, local guidelines should be consulted.

Special case: Emergency research

Emergency research studies occur where potential subjects are incapacitated and unable to give informed consent (acute head trauma, cardiac arrest). The Council for International Organisations of Medical Sciences/World Health Organisation guidelines and Declaration of Helsinki make exceptions to the requirement for informed consent in these situations.[ 4 , 7 ] There are minor variations in laws governing the extent to which the exceptions apply.[ 8 ]

Reasonable efforts should have been made to find a legal authority to consent. If there is not enough time, an ‘exception to informed consent’ may allow the subject to be enrolled with prior approval of an ethical committee.[ 7 ] Researchers must obtain deferred informed consent as soon as possible from the subject (when regains capacity), or their legally authorised representative, for continued participation.[ 4 , 7 ]

Collecting patient information and sensitive personal information, confidentiality maintenance

The Health Insurance Portability and Accountability Act has requirements for informed consent disclosure and standards for electronic exchange, privacy and information security. In the UK, generic legislation is found in the Data Protection Act.[ 9 ]

The International Committee of Medical Journal Editors (ICMJE) recommendations suggest that authors must ensure that non-essential identifying information (names, initials, hospital record numbers) are omitted during data collection and storage wherever possible. Where identifying information is essential for scientific purposes (clinical photographs), written informed consent must be obtained and the patient must be shown the manuscript before publication. Subjects should also be informed if any potential identifiable material might be available through media access.

Providing incentives

Cash or other benefits ‘in-kind’ (financial, medical, educational, community benefits) should be made known to subjects when obtaining informed consent without emphasising too much on it.[ 7 ] Benefits may serve as appreciation or compensation for time and effort but should not result in the inducement to participation.[ 10 ] The amount and nature of remuneration should be compared to norms, cultural traditions and are subjected to the Ethical Committee Review.[ 7 ]

ISSUES RELATED TO THE RESEARCHER

Legal issues pertaining to regulatory bodies.

Various regulatory bodies have been constituted to uphold the safety of subjects involved in research. It is imperative to obtain approval from the appropriate regulatory authorities before proceeding to any research. The constitution and the types of these bodies vary nation-wise. The researchers are expected to be aware of these authorities and the list of various bodies pertinent to India are listed in the article “Research methodology II” of this issue.

Avoiding bias, inappropriate research methodology, incorrect reporting and inappropriate use of information

Good, well-designed studies advance medical science development. Poorly conducted studies violate the principle of justice, as there are time and resources wastage for research sponsors, researchers and subjects, and undermine the societal trust on scientific enquiry.[ 11 ] The Guidelines for GCP is an international ethical and scientific quality standard for designing, conducting, recording and reporting trials.[ 1 ]

Fraud in research and publication

De novo data invention (fabrication) and manipulation of data (falsification)[ 6 ] constitute serious scientific misconduct. The true prevalence of scientific fraud is difficult to measure (2%–14%).[ 12 ]

Plagiarism and its checking

Plagiarism is the use of others' published and unpublished ideas or intellectual property without attribution or permission and presenting them as new and original rather than derived from an existing source.[ 13 ] Tools such as similarity check[ 14 ] are available to aid researchers detect similarities between manuscripts, and such checks should be done before submission.[ 15 ]

Overlapping publications

Duplicate publications violate international copyright laws and waste valuable resources.[ 16 , 17 ] Such publications can distort evidence-based medicine by double-counting of data when inadvertently included in meta-analyses.[ 16 ] This practice could artificially enlarge one's scientific work, distorting apparent productivity and may give an undue advantage when competing for research funding or career advancement.[ 17 ] Examples of these practices include:

Duplicate publication, redundant publication

Publication of a paper that overlaps substantially with one already published, without reference to the previous publication.[ 11 ]

Salami publication

Slicing of data from a single research process into different pieces creating individual manuscripts from each piece to artificially increase the publication volume.[ 16 ]

Such misconduct may lead to retraction of articles. Transparent disclosure is important when submitting papers to journals to declare if the manuscript or related material has been published or submitted elsewhere, so that the editor can decide how to handle the submission or to seek further clarification. Further information on acceptable secondary publication can be found in the ICMJE ‘Recommendations for the Conduct, Reporting, Editing, and Publishing of Scholarly Work in Medical Journals’.

Usually, sponsors and authors are required to sign over certain publication rights to the journal through copyright transfer or a licensing agreement; thereafter, authors should obtain written permission from the journal/publisher if they wish to reuse the published material elsewhere.[ 6 ]

Authorship and its various associations

The ICMJE recommendation lists four criteria of authorship:

Substantial contributions to the conception of design of the work, or the acquisition, analysis or interpretation of data for the work
Drafting the work or revising it critically for important intellectual content
Final approval of the version to be published
Agreement to be accountable for all aspects of the work in ensuring that questions related to the accuracy or integrity of any part of the work are appropriately investigated and resolved.

Authors and researchers have an ethical obligation to ensure the accuracy, publication and dissemination of the result of research,[ 4 ] as well as disclosing to publishers relevant corrections, retractions and errata, to protect scientific integrity of published evidence. Every research study involving human subjects must be registered in a publicly accessible database (e.g., ANZCTR [Australia and NZ], ClinicalTrials.gov [US and non-US], CTRI [India]) and the results made publicly available.[ 4 ] Sponsors of clinical trials must allow all study investigators and manuscript authors access to the full study data set and the right to use all study data for publication.[ 5 ] Source documents (containing trial data) and clinical study report (results and interpretation of trial) form part of the essential documentation that must be retained for a length of time prescribed by the applicable local legislation.[ 1 ] The ICMJE is currently proposing a requirement of authors to share with others de-identified individual patient data underlying the results presented in articles published in member journals.[ 18 ]

Those who have contributed to the work but do not meet all four criteria should be acknowledged; some of these activities include provision of administrative support, writing assistance and proofreading. They should have their written permission sought for their names to be published and disclose any potential conflicts of interest.[ 6 ] The Council of Scientific Editors has identified several inappropriate types of authorship, such as guest authorship, honorary or gift authorship and ghost authorship.[ 6 ] Various interventions should be put in place to prevent such fraudulent practices in research.[ 19 ] The list of essential documents for the conduct of a clinical trial is included in other articles of the same issue.

The recent increase in research activities has led to concerns regarding ethical and legal issues. Various guidelines have been formulated by organisations and authorities, which serve as a guide to promote integrity, compliance and ethical standards in the conduct of research. Fraud in research undermines the quality of establishing evidence-based medicine, and interventions should be put in place to prevent such practices. A general overview of ethical and legal principles will enable research to be conducted in accordance with the best practices.

Financial support and sponsorship

Conflicts of interest.

There are no conflicts of interest.

DOI: 10.1007/s10805-024-09542-7
Corpus ID: 271044112

Michelle L. Boettcher and Cristóbal Salinas Jr., Law and Ethics in Academic and Student Affairs: Developing an Institutional Intelligence Approach

Evan W. Faidley , Madison E. Evans , Maxwell Parker
Published in Journal of Academic Ethics 6 July 2024

2 References

Law and ethics in academic and student affairs, competencies needed for entry-level student affairs work: views from mid-level professionals, related papers.

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Methodology

Ethical Considerations in Research | Types & Examples

Ethical Considerations in Research | Types & Examples

Published on October 18, 2021 by Pritha Bhandari . Revised on May 9, 2024.

Ethical considerations in research are a set of principles that guide your research designs and practices. Scientists and researchers must always adhere to a certain code of conduct when collecting data from people.

The goals of human research often include understanding real-life phenomena, studying effective treatments, investigating behaviors, and improving lives in other ways. What you decide to research and how you conduct that research involve key ethical considerations.

These considerations work to

protect the rights of research participants
enhance research validity
maintain scientific or academic integrity

Why do research ethics matter, getting ethical approval for your study, types of ethical issues, voluntary participation, informed consent, confidentiality, potential for harm, results communication, examples of ethical failures, other interesting articles, frequently asked questions about research ethics.

Research ethics matter for scientific integrity, human rights and dignity, and collaboration between science and society. These principles make sure that participation in studies is voluntary, informed, and safe for research subjects.

You’ll balance pursuing important research objectives with using ethical research methods and procedures. It’s always necessary to prevent permanent or excessive harm to participants, whether inadvertent or not.

Defying research ethics will also lower the credibility of your research because it’s hard for others to trust your data if your methods are morally questionable.

Even if a research idea is valuable to society, it doesn’t justify violating the human rights or dignity of your study participants.

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Before you start any study involving data collection with people, you’ll submit your research proposal to an institutional review board (IRB) .

An IRB is a committee that checks whether your research aims and research design are ethically acceptable and follow your institution’s code of conduct. They check that your research materials and procedures are up to code.

If successful, you’ll receive IRB approval, and you can begin collecting data according to the approved procedures. If you want to make any changes to your procedures or materials, you’ll need to submit a modification application to the IRB for approval.

If unsuccessful, you may be asked to re-submit with modifications or your research proposal may receive a rejection. To get IRB approval, it’s important to explicitly note how you’ll tackle each of the ethical issues that may arise in your study.

There are several ethical issues you should always pay attention to in your research design, and these issues can overlap with each other.

You’ll usually outline ways you’ll deal with each issue in your research proposal if you plan to collect data from participants.


Voluntary participation	Your participants are free to opt in or out of the study at any point in time.
Informed consent	Participants know the purpose, benefits, risks, and funding behind the study before they agree or decline to join.
Anonymity	You don’t know the identities of the participants. Personally identifiable data is not collected.
Confidentiality	You know who the participants are but you keep that information hidden from everyone else. You anonymize personally identifiable data so that it can’t be linked to other data by anyone else.
Potential for harm	Physical, social, psychological and all other types of harm are kept to an absolute minimum.
Results communication	You ensure your work is free of or research misconduct, and you accurately represent your results.

Voluntary participation means that all research subjects are free to choose to participate without any pressure or coercion.

All participants are able to withdraw from, or leave, the study at any point without feeling an obligation to continue. Your participants don’t need to provide a reason for leaving the study.

It’s important to make it clear to participants that there are no negative consequences or repercussions to their refusal to participate. After all, they’re taking the time to help you in the research process , so you should respect their decisions without trying to change their minds.

Voluntary participation is an ethical principle protected by international law and many scientific codes of conduct.

Take special care to ensure there’s no pressure on participants when you’re working with vulnerable groups of people who may find it hard to stop the study even when they want to.

Prevent plagiarism. Run a free check.

Informed consent refers to a situation in which all potential participants receive and understand all the information they need to decide whether they want to participate. This includes information about the study’s benefits, risks, funding, and institutional approval.

You make sure to provide all potential participants with all the relevant information about

what the study is about
the risks and benefits of taking part
how long the study will take
your supervisor’s contact information and the institution’s approval number

Usually, you’ll provide participants with a text for them to read and ask them if they have any questions. If they agree to participate, they can sign or initial the consent form. Note that this may not be sufficient for informed consent when you work with particularly vulnerable groups of people.

If you’re collecting data from people with low literacy, make sure to verbally explain the consent form to them before they agree to participate.

For participants with very limited English proficiency, you should always translate the study materials or work with an interpreter so they have all the information in their first language.

In research with children, you’ll often need informed permission for their participation from their parents or guardians. Although children cannot give informed consent, it’s best to also ask for their assent (agreement) to participate, depending on their age and maturity level.

Anonymity means that you don’t know who the participants are and you can’t link any individual participant to their data.

You can only guarantee anonymity by not collecting any personally identifying information—for example, names, phone numbers, email addresses, IP addresses, physical characteristics, photos, and videos.

In many cases, it may be impossible to truly anonymize data collection . For example, data collected in person or by phone cannot be considered fully anonymous because some personal identifiers (demographic information or phone numbers) are impossible to hide.

You’ll also need to collect some identifying information if you give your participants the option to withdraw their data at a later stage.

Data pseudonymization is an alternative method where you replace identifying information about participants with pseudonymous, or fake, identifiers. The data can still be linked to participants but it’s harder to do so because you separate personal information from the study data.

Confidentiality means that you know who the participants are, but you remove all identifying information from your report.

All participants have a right to privacy, so you should protect their personal data for as long as you store or use it. Even when you can’t collect data anonymously, you should secure confidentiality whenever you can.

Some research designs aren’t conducive to confidentiality, but it’s important to make all attempts and inform participants of the risks involved.

As a researcher, you have to consider all possible sources of harm to participants. Harm can come in many different forms.

Psychological harm: Sensitive questions or tasks may trigger negative emotions such as shame or anxiety.
Social harm: Participation can involve social risks, public embarrassment, or stigma.
Physical harm: Pain or injury can result from the study procedures.
Legal harm: Reporting sensitive data could lead to legal risks or a breach of privacy.

It’s best to consider every possible source of harm in your study as well as concrete ways to mitigate them. Involve your supervisor to discuss steps for harm reduction.

Make sure to disclose all possible risks of harm to participants before the study to get informed consent. If there is a risk of harm, prepare to provide participants with resources or counseling or medical services if needed.

Some of these questions may bring up negative emotions, so you inform participants about the sensitive nature of the survey and assure them that their responses will be confidential.

The way you communicate your research results can sometimes involve ethical issues. Good science communication is honest, reliable, and credible. It’s best to make your results as transparent as possible.

Take steps to actively avoid plagiarism and research misconduct wherever possible.

Plagiarism means submitting others’ works as your own. Although it can be unintentional, copying someone else’s work without proper credit amounts to stealing. It’s an ethical problem in research communication because you may benefit by harming other researchers.

Self-plagiarism is when you republish or re-submit parts of your own papers or reports without properly citing your original work.

This is problematic because you may benefit from presenting your ideas as new and original even though they’ve already been published elsewhere in the past. You may also be infringing on your previous publisher’s copyright, violating an ethical code, or wasting time and resources by doing so.

In extreme cases of self-plagiarism, entire datasets or papers are sometimes duplicated. These are major ethical violations because they can skew research findings if taken as original data.

You notice that two published studies have similar characteristics even though they are from different years. Their sample sizes, locations, treatments, and results are highly similar, and the studies share one author in common.

Research misconduct

Research misconduct means making up or falsifying data, manipulating data analyses, or misrepresenting results in research reports. It’s a form of academic fraud.

These actions are committed intentionally and can have serious consequences; research misconduct is not a simple mistake or a point of disagreement about data analyses.

Research misconduct is a serious ethical issue because it can undermine academic integrity and institutional credibility. It leads to a waste of funding and resources that could have been used for alternative research.

Later investigations revealed that they fabricated and manipulated their data to show a nonexistent link between vaccines and autism. Wakefield also neglected to disclose important conflicts of interest, and his medical license was taken away.

This fraudulent work sparked vaccine hesitancy among parents and caregivers. The rate of MMR vaccinations in children fell sharply, and measles outbreaks became more common due to a lack of herd immunity.

Research scandals with ethical failures are littered throughout history, but some took place not that long ago.

Some scientists in positions of power have historically mistreated or even abused research participants to investigate research problems at any cost. These participants were prisoners, under their care, or otherwise trusted them to treat them with dignity.

To demonstrate the importance of research ethics, we’ll briefly review two research studies that violated human rights in modern history.

These experiments were inhumane and resulted in trauma, permanent disabilities, or death in many cases.

After some Nazi doctors were put on trial for their crimes, the Nuremberg Code of research ethics for human experimentation was developed in 1947 to establish a new standard for human experimentation in medical research.

In reality, the actual goal was to study the effects of the disease when left untreated, and the researchers never informed participants about their diagnoses or the research aims.

Although participants experienced severe health problems, including blindness and other complications, the researchers only pretended to provide medical care.

When treatment became possible in 1943, 11 years after the study began, none of the participants were offered it, despite their health conditions and high risk of death.

Ethical failures like these resulted in severe harm to participants, wasted resources, and lower trust in science and scientists. This is why all research institutions have strict ethical guidelines for performing research.

If you want to know more about statistics , methodology , or research bias , make sure to check out some of our other articles with explanations and examples.

Normal distribution
Measures of central tendency
Chi square tests
Confidence interval
Quartiles & Quantiles
Cluster sampling
Stratified sampling
Thematic analysis
Cohort study
Peer review
Ethnography

Research bias

Implicit bias
Cognitive bias
Conformity bias
Hawthorne effect
Availability heuristic
Attrition bias
Social desirability bias

Ethical considerations in research are a set of principles that guide your research designs and practices. These principles include voluntary participation, informed consent, anonymity, confidentiality, potential for harm, and results communication.

Scientists and researchers must always adhere to a certain code of conduct when collecting data from others .

These considerations protect the rights of research participants, enhance research validity , and maintain scientific integrity.

Anonymity means you don’t know who the participants are, while confidentiality means you know who they are but remove identifying information from your research report. Both are important ethical considerations .

You can keep data confidential by using aggregate information in your research report, so that you only refer to groups of participants rather than individuals.

These actions are committed intentionally and can have serious consequences; research misconduct is not a simple mistake or a point of disagreement but a serious ethical failure.

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The impact of administrative reforms on government efficiency in the 21st century.
Examining the role of public consultation in administrative decision-making processes.
The effectiveness of ombudsman institutions in resolving public grievances: A comparative study.
Legal challenges in implementing electronic governance and digitalization of administrative services.
The influence of political change on administrative law reforms.
Judicial review of administrative actions: Balancing government discretion and citizen rights.
The evolution of administrative law under the pressure of emergency health responses (e.g., COVID-19).
Privacy rights versus state security: Where should the line be drawn in administrative policies?
The role of administrative law in combating climate change: Case studies from around the world.
The effectiveness of administrative penalties in regulating corporate behavior.
Transparency and accountability in public procurement processes.
Comparative analysis of administrative law systems in federal and unitary states.
The role of administrative law in shaping public health policies.
Administrative law and its impact on minority rights protections.
The challenge of maintaining administrative justice in times of political instability.
Legal mechanisms for citizen participation in the administrative rule-making process.
The future of administrative litigation: Trends and predictions.
Impact of international law on national administrative law procedures.
Administrative law’s response to socio-economic disparities.
The use of artificial intelligence in administrative decision-making: Legal and ethical implications.
Balancing efficiency and fairness in administrative adjudication.
The role of administrative agencies in environmental conservation.
Regulatory challenges in the administration of emerging technologies.
The impact of globalization on national administrative law practices.
Administrative law as a tool for social reform.
Corruption and administrative law: Safeguards and pitfalls.
Administrative discretion and its limits in democratic societies.
The intersection of administrative law and human rights.
The administrative burden of tax law enforcement and compliance.
Public access to information: Evaluating legal frameworks in different jurisdictions.
The role of whistleblowers in the administrative state: Protection versus persecution.
Outsourcing government services: Legal ramifications and oversight.
Legal standards for emergency powers of administrative agencies.
Administrative law and the management of public lands.
Challenges in regulatory enforcement against multinational corporations.
The impact of administrative decisions on small businesses.
Legal remedies for administrative injustices: Are they sufficient?
The influence of lobbying on administrative rule-making.
The role of the judiciary in shaping administrative law.
The future of public administration: Predicting changes in law and policy.
The legal implications of blockchain technology in banking and finance.
An analysis of regulatory approaches to cryptocurrency in major global economies.
The role of law in preventing financial crises: Lessons learned from past financial collapses.
Legal challenges in implementing digital currencies by central banks.
Consumer protection in online banking: Evaluating current legal frameworks.
The impact of Brexit on the banking and finance laws in the UK and EU.
Regulatory responses to financial innovation: Balancing innovation and consumer protection.
Legal strategies for combating money laundering in the international banking sector.
The influence of international sanctions on banking and financial transactions.
Legal issues surrounding the securitization of assets.
The role of legal frameworks in fostering sustainable banking practices.
The enforcement of banking regulations against systemic risk.
Legal aspects of banking insolvencies and their impact on the global economy.
The evolution of consumer credit laws and their impact on the banking industry.
The effectiveness of anti-corruption regulations in the banking sector.
Legal considerations in the management of cross-border banking operations.
The regulation of shadow banking systems and their legal implications.
Legal challenges faced by fintech companies in the banking sector.
The role of law in addressing disparities in access to banking services.
Legal frameworks for banking privacy and data protection in the age of digital banking.
The impact of artificial intelligence on regulatory compliance in banking.
Legal aspects of risk management in banking: Current practices and future directions.
The legalities of banking for high-risk clients: Balancing business and regulatory requirements.
The enforcement of Basel III standards in developing countries.
Legal issues related to bank mergers and acquisitions.
The regulation of international investment and its impact on banking laws.
Legal challenges in microfinancing: Protecting both lenders and borrowers.
The implications of non-performing loans on banking law and policy.
Banking dispute resolution: The effectiveness of arbitration and mediation.
The legal framework for Islamic banking and finance: Comparison with Western banking laws.
The role of the judiciary in shaping banking laws and practices.
The future of banking regulation: Predicting changes post-global pandemic.
Legal frameworks governing venture capital and its role in economic development.
Regulatory challenges in mobile and electronic payment systems.
The impact of interest rate regulations on banking profitability and lending practices.
Legal approaches to combat insider trading in the banking sector.
The role of legal systems in shaping corporate governance in banks.
Legal provisions for the protection of minority shareholders in banks.
Regulatory frameworks for derivatives: Balancing risk and innovation.
The role of international law in governing global banking practices.
The impact of global trade agreements on domestic commercial laws.
Legal challenges in e-commerce: Consumer rights and seller responsibilities.
The enforcement of international commercial contracts: Comparative legal analysis.
Intellectual property rights in the digital age: Protecting innovations while fostering competition.
Legal frameworks for cross-border e-commerce transactions.
The role of commercial law in supporting small and medium enterprises (SMEs).
Arbitration vs. court litigation: Choosing the right path for commercial disputes.
The evolution of commercial law with the rise of artificial intelligence and robotics.
Legal strategies for protecting brand identity and trademarks internationally.
The impact of anti-monopoly laws on corporate mergers and acquisitions.
Legal aspects of supply chain management and logistics.
The enforcement of non-disclosure agreements in international business deals.
Consumer protection laws in the context of misleading advertising and sales practices.
The role of commercial law in regulating online payment systems.
Contract law for the modern entrepreneur: Navigating contracts in a digital world.
The influence of cultural differences on international commercial negotiations and laws.
Legal challenges in franchising: Protecting franchisors and franchisees.
Commercial leasing disputes and the law: Trends and resolutions.
Corporate social responsibility and commercial law: Legal obligations and implications.
Legal implications of Brexit for European trade and commercial law.
Regulation of commercial drones: Privacy, safety, and commercial uses.
Legal issues surrounding the gig economy and contract employment.
Protecting consumer data in commercial transactions: Legal obligations and challenges.
Legal aspects of marketing and advertising in digital media.
Impact of environmental laws on commercial practices: From compliance to competitive advantage.
Legal remedies in commercial law: Exploring efficient dispute resolution mechanisms.
Insolvency and bankruptcy: Legal strategies for rescuing troubled businesses.
The legal consequences of business espionage: Protecting commercial interests.
The role of trademarks in building and maintaining brand value.
Corporate governance in the modern corporation: Legal frameworks and challenges.
Comparative analysis of commercial guaranties across different legal systems.
Legal issues in the export and import of goods: Navigating international regulations.
The regulation of commercial insurance: Balancing stakeholder interests.
Legal challenges in real estate development and commercial property investments.
Impact of digital currencies on commercial transactions.
International taxation and its impact on multinational commercial operations.
The regulation of unfair competition in a globalized market.
Legal strategies for managing commercial risks in unstable economies.
The role of law in innovative financing methods like crowdfunding and peer-to-peer lending.
Contractual liability and risk management in international commercial projects.
The impact of digital market platforms on traditional competition law frameworks.
Analyzing the effectiveness of antitrust laws against tech giants in the digital economy.
Comparative analysis of competition law enforcement in the US and EU.
The role of competition law in regulating mergers and acquisitions in the healthcare sector.
Challenges in applying competition law to free-of-charge services on the internet.
Legal strategies for combating price fixing in international markets.
The impact of Brexit on competition law and policy in the UK.
Competition law and its role in managing market dominance by multinational corporations.
Evaluating the need for reform in competition law to adapt to global economic changes.
The enforcement of competition law against patent abuse and anti-competitive practices in the pharmaceutical industry.
The role of competition authorities in promoting innovation through enforcement policies.
Analyzing the intersection of competition law and consumer protection.
The effectiveness of leniency programs in uncovering and deterring cartel activity.
Impact of competition law on small and medium-sized enterprises: Protection or hindrance?
The influence of artificial intelligence on competitive practices and regulatory responses.
The role of economic evidence in competition law litigation.
Globalization and its effects on national competition law policies.
The challenges of enforcing competition law in digital advertising markets.
Network effects and lock-in as challenges for competition law in the IT industry.
Legal remedies for anti-competitive practices in the energy sector.
The dynamics of competition law in developing economies: Case studies from Africa, Asia, and Latin America.
The implications of cross-border competition law enforcement in multinational operations.
Consumer welfare and the debate over the goals of competition law.
The regulation of joint ventures under competition law: A critical analysis.
Vertical restraints and competition law: Balancing market efficiencies and anti-competitive concerns.
The role of competition law in sports, media, and entertainment industries.
Competition law and policy in the era of globalization: Protecting domestic industries while encouraging innovation.
The future of competition law enforcement in a post-pandemic world.
The effectiveness of competition law in curbing monopolistic practices in the telecom industry.
Balancing national security interests and competition law.
The role of whistle-blowers in competition law enforcement.
Assessing the impact of public sector monopolies on competition law.
Competition law as a tool for economic development in emerging markets.
The challenges of proving intent in anti-competitive practices.
The application of competition law to the agricultural sector and its impact on food security.
Reform proposals for more effective competition law enforcement.
The role of state aid and subsidies in competition law.
Competition law implications of blockchain technology and cryptocurrencies.
The balance between intellectual property rights and competition law.
The use of machine learning algorithms in predicting and analyzing market competition.
The evolving concept of constitutionalism in the digital age.
Analysis of constitutional changes in response to global pandemics.
The role of the judiciary in upholding constitutional rights in times of political turmoil.
Comparative study of free speech protections under different constitutional regimes.
The impact of migration crises on constitutional law frameworks in the EU.
Gender equality and constitutional law: Examining legal reforms across the globe.
The constitutional implications of Brexit for the United Kingdom.
Federalism and the balance of power: Lessons from the United States Constitution.
The enforceability of social and economic rights under constitutional law.
The influence of international human rights treaties on national constitutional laws.
The right to privacy in the era of mass surveillance: A constitutional perspective.
The role of constitutions in managing ethnic and religious diversity.
Constitutional law and the challenge of climate change.
The legality of emergency powers under constitutional law in various countries.
The impact of artificial intelligence on constitutional rights and liberties.
Same-sex marriage and constitutional law: A comparative analysis.
The constitutionality of the death penalty in the 21st century.
Age and constitutional law: The rights and protections afforded to the elderly.
Constitutional reforms and the evolution of democratic governance in Africa.
The role of the constitution in combating corruption within government institutions.
Gun control and constitutional rights: A critical analysis.
The balance between national security and individual freedoms in constitutional law.
The effectiveness of constitutional courts in protecting minority rights.
The constitution as a living document: Interpretation and change in judicial review.
Assessing the constitutional frameworks for federal and unitary states.
The impact of populism on constitutional democracy.
Constitutional law in the face of technological advancements: Regulation and rights.
The role of constitutional amendments in shaping political stability.
Analyzing the separation of powers in newly formed governments.
Indigenous rights and constitutional law: Case studies from North America and Australasia.
Constitutional law and public health: Legal responses to health emergencies.
The constitutionality of affirmative action policies in education and employment.
Political party bans and democracy: A constitutional analysis.
The role of the constitution in economic policy and regulation.
Constitutional challenges to the regulation of cryptocurrencies and blockchain technologies.
The implications of judicial activism for constitutional law.
The constitution and the right to a clean and healthy environment.
The intersection of constitutional law and international diplomacy.
Protection of children’s rights within constitutional frameworks.
The future of constitutional governance in virtual and augmented reality environments.
The enforceability of electronic contracts in international commerce.
The impact of AI on contract formation and enforcement.
Comparative analysis of contract law remedies in different jurisdictions.
The legal implications of smart contracts in blockchain technologies.
The role of contract law in regulating freelance and gig economy work.
The challenges of cross-border contract enforcement in the digital age.
Contractual risk management in international construction projects.
The doctrine of frustration in contract law: Contemporary issues and challenges.
Consumer protection in online contracts: A critical analysis.
The influence of cultural differences on international commercial contracts.
Force majeure clauses in contracts during global crises, such as the COVID-19 pandemic.
The evolution of contract law with technological advancements.
Legal issues surrounding the termination of contracts: A comparative study.
The role of contract law in sustainable development and environmental protection.
Misrepresentation in contract law: A review of current legal standards.
The legal status of verbal agreements in a digital world.
Contractual obligations and rights in the sharing economy.
The interplay between contract law and intellectual property rights.
The effectiveness of liquidated damages clauses in commercial contracts.
Unconscionability in contract law: Protecting the vulnerable party.
The enforcement of non-compete clauses in employment contracts.
The legality of automatic renewal clauses in consumer and business contracts.
The impact of contract law on consumer rights in financial agreements.
Standard form contracts and the imbalance of power between parties.
The role of mediation in resolving contract disputes.
Contract law in the sale of goods: The challenges of e-commerce.
The future of contract law in regulating virtual and augmented reality transactions.
The concept of ‘good faith’ in contract negotiation and execution.
Legal implications of contract breaches in international trade.
The application of contract law in healthcare service agreements.
The enforceability of penalty clauses in different legal systems.
Contract modifications: Legal implications of changing terms mid-agreement.
The legal challenges of subscription-based contract models.
Contract law and data protection: Obligations and liabilities.
The impact of insolvency on contractual relationships.
The regulation of crowdfunding agreements under contract law.
Consumer contracts and the right to withdraw in the digital marketplace.
Ethical considerations in contract law: Duties beyond the written document.
The use of contract law in combating human rights violations.
The effectiveness of international conventions in harmonizing contract law across borders.
Corporate governance and its impact on shareholder activism.
The role of corporate social responsibility in modern business practices.
Legal strategies to combat corporate fraud and enhance transparency.
Comparative analysis of corporate bankruptcy laws and their effectiveness.
The influence of global corporate regulations on multinational mergers and acquisitions.
The impact of environmental regulations on corporate operations and compliance.
Legal challenges and opportunities in corporate restructuring processes.
Corporate liability for human rights violations in international operations.
The effectiveness of anti-money laundering laws in the corporate sector.
The role of ethics in corporate law: How legal frameworks shape business morality.
The impact of technology on corporate governance: Blockchain and beyond.
Legal aspects of venture capital funding in startups and SMEs.
Corporate law in the digital age: Challenges and opportunities for digital enterprises.
The role of minority shareholders in influencing corporate decisions.
Legal frameworks for corporate whistleblowing and the protection of whistleblowers.
Corporate insolvency procedures: A comparative study of the US and EU frameworks.
The evolution of corporate personhood and its legal implications.
The role of stock exchanges in enforcing corporate law.
Legal issues surrounding corporate espionage and competitive intelligence gathering.
Comparative analysis of corporate governance codes across different jurisdictions.
Legal frameworks for handling conflicts of interest in corporate boards.
The regulation of corporate political contributions and lobbying activities.
Corporate taxation laws and their impact on international business strategies.
The regulation of joint ventures under corporate law: Balancing interests and sharing control.
The challenges of maintaining corporate compliance in a global market.
Corporate law and the protection of intellectual property rights.
The effectiveness of corporate penalties in deterring corporate misconduct.
Legal aspects of employee stock ownership plans (ESOPs).
Corporate law implications for artificial intelligence integration in business practices.
The legal challenges of managing cyber risk in corporate entities.
Corporate law’s role in managing and disclosing financial risks.
The impact of corporate law on the governance of nonprofit organizations.
Legal responsibilities and liabilities of corporate directors and officers.
The role of international treaties in shaping corporate law practices.
Corporate law and its influence on strategic business alliances and partnerships.
Legal aspects of sustainable investment in corporate decision-making.
The regulation of private equity and hedge funds under corporate law.
Legal challenges in corporate branding and marketing strategies.
Corporate law considerations in the management of supply chains.
The impact of corporate law on mergers and acquisitions in emerging markets.
The impact of forensic science advancements on criminal law and procedure.
Analyzing the effectiveness of rehabilitation programs in reducing recidivism rates.
The role of mental health assessments in criminal sentencing.
Legal challenges in prosecuting international cybercrimes.
The evolution of laws against domestic violence and their enforcement.
The effectiveness of death penalty deterrence: A critical analysis.
Legal frameworks for combating human trafficking: Global perspectives.
The influence of social media on criminal behavior and law enforcement.
Racial disparities in criminal sentencing: Causes and legal remedies.
The application of criminal law to acts of terrorism: Balancing security and civil liberties.
Juvenile justice: Reforming the approach to underage offenders.
The legal implications of wrongful convictions: Prevention and compensation.
Drug policy reform: The shift from criminalization to harm reduction.
The impact of body-worn cameras on policing and criminal justice.
Legal and ethical considerations in the use of DNA evidence in criminal trials.
The role of the insanity defense in criminal law: A comparative study.
Legal strategies for addressing gang violence within urban communities.
The criminalization of poverty and its impact on justice.
Analyzing the effectiveness of sexual assault legislation.
The role of public opinion in shaping criminal law reforms.
Legal approaches to combating corruption and white-collar crime.
The challenges of protecting victims’ rights in criminal proceedings.
The impact of immigration laws on criminal justice practices.
Ethical and legal issues in the use of undercover policing tactics.
The effects of legalizing marijuana on criminal justice systems.
The role of international cooperation in combating cross-border criminal activities.
The use of restorative justice practices in criminal law systems.
Challenges in the enforcement of wildlife protection laws.
Legal issues surrounding the use of force by law enforcement.
The implications of emerging technologies for criminal law and justice.
Legal definitions of terrorism and their impact on law enforcement.
The impact of social movements on criminal law reform.
Addressing elder abuse through criminal statutes and protections.
The role of forensic psychology in criminal investigations.
Legal consequences of financial crimes in different jurisdictions.
Challenges in prosecuting war crimes and genocide.
The legal aspects of electronic monitoring and surveillance in criminal investigations.
The implications of international extradition in criminal law.
Addressing the challenges of witness protection programs.
The intersection of criminal law and human rights in detention and interrogation.
Legal frameworks for data protection and privacy in the digital age.
The implications of the General Data Protection Regulation (GDPR) on global internet governance.
Cybersecurity laws: National strategies and international cooperation.
The legality of government surveillance programs under international cyber law.
Intellectual property challenges in the era of digital media.
Legal issues surrounding the use of artificial intelligence and machine learning.
The enforcement of cybercrimes: Challenges and strategies.
Rights and responsibilities of individuals and corporations under cyber law.
Cyberbullying and online harassment: Legal remedies and limitations.
The role of cyber law in managing online misinformation and fake news.
Legal challenges in the regulation of cryptocurrencies and blockchain technology.
The impact of cloud computing on privacy and data security legal frameworks.
Legal aspects of e-commerce: Consumer protection online.
The digital divide: Legal implications of unequal access to technology.
Regulation of digital advertising and its implications for privacy.
Jurisdictional issues in cyberspace: Determining liability in a borderless environment.
Legal considerations for Internet of Things (IoT) devices in consumer and industrial applications.
The role of anonymity in the internet: Balancing privacy and accountability.
Cyber law and its impact on the creative industries: Copyright issues in digital content creation.
Legal frameworks for combating online trade of illegal goods and services.
The enforcement of digital rights management (DRM) technologies.
Cyber law and online education: Intellectual property and privacy concerns.
The regulation of social media platforms under cyber law.
Legal remedies for victims of online identity theft.
The implications of autonomous vehicles on cyber law.
Legal strategies to address online child exploitation and protection.
The impact of telemedicine on health law and cyber law.
Challenges in enforcing online contracts and resolving disputes.
Cyber law in the context of national security: Balancing civil liberties.
Legal frameworks for software development and liability issues.
The influence of international treaties on national cyber law policies.
Legal aspects of cyber espionage and state-sponsored cyber attacks.
Ethical hacking: Legal boundaries and implications.
The regulation of online gaming: Consumer protection and cyber law.
Cyber law and digital accessibility: Rights of differently-abled persons.
Legal implications of biometric data processing in cyber law.
The future of robotic automation and law: Ethical and legal considerations.
The role of cyber law in the governance of digital health records.
Managing online content: Legal issues around censorship and freedom of expression.
Cyber law implications for digital banking and fintech.
The effectiveness of international agreements in combating climate change.
Legal strategies for biodiversity conservation in international and domestic contexts.
The impact of environmental law on sustainable urban development.
Comparative analysis of water rights and regulations across different jurisdictions.
Legal mechanisms for controlling plastic pollution in marine environments.
The role of environmental impact assessments in promoting sustainable projects.
Legal and regulatory challenges of renewable energy implementation.
The effectiveness of air quality laws in reducing urban smog.
Environmental justice and its impact on marginalized communities.
The role of the judiciary in shaping environmental policy.
Corporate accountability for environmental degradation: Legal remedies.
The regulation of genetically modified organisms (GMOs) and their environmental impact.
Legal frameworks for the protection of endangered species and habitats.
Climate refugees: Legal challenges and protections under international law.
The intersection of environmental law and human rights.
Challenges in enforcing environmental laws against multinational corporations.
Legal aspects of carbon trading and emissions reduction schemes.
The impact of agricultural practices on environmental law and policy.
Mining and environmental degradation: Legal responses and remedies.
The use of environmental law to combat deforestation.
Legal issues related to energy storage and its environmental impacts.
Regulatory challenges of nanotechnology and environmental health.
Legal strategies for water management in drought-prone areas.
The regulation of noise pollution in urban environments.
The role of public participation in environmental decision-making.
Legal frameworks for dealing with hazardous waste and its disposal.
Environmental law as a tool for green building and construction practices.
Legal challenges in protecting wetlands through environmental laws.
The enforceability of international environmental law.
The impact of environmental laws on traditional land use and indigenous rights.
The role of local governments in environmental governance.
Environmental law and the regulation of pesticides and chemicals.
Legal responses to environmental disasters and recovery processes.
The implications of deep-sea mining for environmental law.
The role of environmental NGOs in shaping law and policy.
Legal tools for the conservation of marine biodiversity.
Challenges of integrating environmental concerns in corporate governance.
Legal implications of artificial intelligence in environmental monitoring.
The role of litigation in enforcing environmental norms and standards.
Trends and challenges in the enforcement of transboundary environmental laws.
The impact of EU law on national sovereignty of member states.
Brexit and its legal implications for both the UK and EU.
The effectiveness of the EU’s data protection regulation (GDPR) in a global context.
The role of the European Court of Justice in shaping EU policies.
Legal analysis of the EU’s Common Agricultural Policy (CAP) and its impacts.
The EU’s approach to antitrust and competition law enforcement.
Human rights protection under the EU Charter of Fundamental Rights.
Legal challenges in the implementation of the EU’s Digital Single Market.
The EU’s role in international trade: Legal frameworks and challenges.
The influence of EU environmental law on member state legislation.
Consumer protection laws in the EU and their effectiveness.
Legal mechanisms of the EU banking union and capital markets union.
The regulation of pharmaceuticals and healthcare within the EU.
Migration and asylum laws in the EU: Challenges and responses.
The role of lobbying in EU lawmaking processes.
Legal aspects of the EU’s energy policy and its impact on sustainability.
The enforcement of intellectual property rights within the EU.
The EU’s legal framework for dealing with cyber security threats.
Analysis of EU labor laws and their impact on worker mobility.
Legal bases for EU sanctions and their impact on international relations.
The EU’s legal strategies against terrorism and organized crime.
The effectiveness of the EU’s regional development policies.
Legal and ethical issues in AI regulation within the EU.
The EU’s approach to regulating blockchain technology.
The challenges of EU enlargement: Case studies of recent accession countries.
The role of the EU in global environmental governance.
The impact of EU laws on the rights of indigenous populations.
Legal analysis of EU sports law and policy.
The EU’s framework for consumer digital privacy and security.
The regulation of biotechnology in agriculture within the EU.
EU tax law and its implications for global corporations.
The role of the European Ombudsman in ensuring administrative justice.
The influence of EU copyright law on digital media and entertainment.
Legal frameworks for public procurement in the EU.
The impact of EU maritime law on international shipping and trade.
EU chemical regulations: REACH and its global implications.
Legal issues surrounding the EU’s external border control policies.
The EU’s role in shaping international aviation law.
The impact of EU law on public health policy and regulation.
The future of the EU’s constitutional framework and its legal challenges.
The impact of cultural diversity on family law practices.
Legal challenges in the enforcement of international child custody agreements.
The effectiveness of mediation in resolving family disputes.
The evolution of child support laws in response to changing societal norms.
Comparative analysis of divorce laws across different jurisdictions.
Legal implications of surrogacy: Rights of the child, surrogate, and intended parents.
The impact of social media on family relationships and legal proceedings.
Legal rights of cohabiting couples: A comparative study.
The role of family law in addressing domestic violence.
The legal recognition of LGBTQ+ families in different countries.
The effect of parental alienation on child custody decisions.
Adoption laws and the challenges of cross-border adoption.
Legal issues surrounding elder care and guardianship.
The role of genetic testing in family law (paternity disputes, inheritance rights).
The impact of immigration laws on family unification policies.
The rights of children with disabilities in family law proceedings.
The influence of religious beliefs on family law decisions.
The legal challenges of blended families: Rights and responsibilities.
The role of children’s rights in family law: Voice and protection.
Legal frameworks for dealing with family assets and financial disputes.
The impact of addiction (substance abuse, gambling) on family dynamics and legal outcomes.
The enforcement of prenuptial agreements: A critical analysis.
Legal responses to teenage pregnancy and parental responsibilities.
The effect of military service on family law issues (divorce, custody).
The challenges of maintaining privacy in family law cases.
The impact of mental health on parental rights and child custody.
The role of the state in family planning and reproductive rights.
Comparative study of same-sex marriage laws before and after legalization.
The evolution of father’s rights in family law.
The legal complexities of artificial reproductive technologies.
Family law and its role in preventing child marriages.
The impact of economic downturns on family law issues (alimony, child support).
Legal strategies for protecting domestic violence survivors through family law.
The role of international conventions in shaping family law.
Gender biases in family law: A critical analysis.
The regulation of family law advertising and its ethical implications.
The influence of international human rights law on family law.
The challenges of transnational families in navigating family law.
Legal and ethical issues in the involuntary sterilization of disabled individuals.
The future of family law: Predicting changes in legislation and practice.
The legal implications of telemedicine and remote healthcare services.
Regulation and liability of artificial intelligence in healthcare.
The impact of healthcare laws on patient privacy and data protection.
Legal issues surrounding the right to die: Euthanasia and assisted suicide.
The enforcement of mental health legislation and patient rights.
Legal challenges in the regulation of pharmaceuticals and medical devices.
The role of health law in managing infectious disease outbreaks, such as COVID-19.
Ethical and legal considerations of genetic testing and genome editing.
Comparative analysis of health insurance models and their legal implications.
The impact of health law on underserved and marginalized populations.
Legal aspects of medical malpractice and healthcare provider liability.
The regulation of stem cell research and therapy.
Legal frameworks for addressing obesity as a public health issue.
The role of law in combating healthcare fraud and abuse.
Ethical issues in the allocation of scarce medical resources.
Legal challenges in child and adolescent health care consent.
The influence of global health initiatives on national health law policies.
Legal issues related to the development and use of biobanks.
Health law and its impact on emergency medical response and preparedness.
Legal and ethical challenges in the treatment of psychiatric patients.
The rights of patients in clinical trials: Informed consent and beyond.
The regulation of medical marijuana and its impact on healthcare systems.
Health law’s role in addressing non-communicable diseases.
Legal strategies to combat antimicrobial resistance.
The legal implications of sports medicine and athlete care.
The protection of vulnerable groups in healthcare settings.
Legal frameworks governing organ donation and transplantation.
The role of health law in reproductive rights and technologies.
The impact of bioethics on health law policy and practice.
Legal considerations of global health diplomacy and international health law.
The regulation of alternative and complementary medicine.
Legal challenges in providing healthcare in rural and remote areas.
The impact of nutrition and food law on public health.
Legal responses to aging populations and elder care.
Health law and its impact on vaccination policies and enforcement.
The legal implications of patient literacy and health education.
Regulatory challenges in health information technology and mobile health apps.
Legal and ethical issues in cosmetic and elective surgery.
The role of whistleblowers in improving healthcare quality and safety.
The legal implications of healthcare marketing and consumer protection.
The impact of international human rights conventions on domestic laws.
The role of the International Criminal Court in enforcing human rights standards.
Legal remedies for victims of war crimes and genocide.
The enforcement of human rights in areas of conflict and post-conflict societies.
The legal implications of refugee and asylum seeker policies.
The right to freedom of expression in the digital age.
Human rights challenges in the context of global migration.
Legal protections against discrimination based on gender, race, and sexuality.
The impact of cultural practices on the enforcement of human rights.
Legal frameworks for protecting children in armed conflicts.
The role of non-governmental organizations in promoting and protecting human rights.
Human rights and environmental law: the right to a healthy environment.
The legal aspects of economic, social, and cultural rights.
Protecting the rights of indigenous peoples: international and domestic approaches.
Human rights implications of counter-terrorism laws and practices.
The role of national human rights institutions in promoting human rights.
Legal challenges in combating human trafficking and modern slavery.
The rights of disabled individuals under international human rights law.
Legal strategies to combat racial and ethnic profiling.
The protection of human rights defenders in hostile environments.
The impact of globalization on labor rights and working conditions.
The role of the media in promoting human rights awareness and protection.
Human rights law and its intersection with gender-based violence.
The right to education and legal measures to enforce it.
Legal responses to the crisis of statelessness.
Human rights issues surrounding the management of natural disasters.
The role of human rights law in regulating private military and security companies.
The right to privacy in the surveillance era.
Legal measures to address economic inequality and ensure human rights.
The challenge of protecting human rights in authoritarian regimes.
Human rights in medical law: issues of consent and autonomy.
The right to food and water as fundamental human rights.
Legal frameworks for the rights of the elderly in different countries.
The role of human rights law in addressing issues of domestic violence.
Human rights considerations in the development and enforcement of immigration laws.
The impact of intellectual property laws on access to medicines.
The enforcement of the rights of LGBT individuals globally.
Human rights law and its application to internet governance.
The legal rights of prisoners and the conditions of detention.
The role of human rights in shaping international trade and investment policies.
The impact of immigration laws on national security in various countries.
Comparative analysis of asylum procedures across different jurisdictions.
The role of immigration law in shaping multicultural societies.
Legal challenges faced by refugees and asylum seekers during resettlement.
The effectiveness of skilled migrant programs and their impact on the economy.
Legal and ethical considerations in the detention of immigrants.
The influence of international human rights law on national immigration policies.
The impact of Brexit on immigration laws in the UK and the EU.
The role of international agreements in managing migration crises.
Legal strategies to combat human trafficking within the immigration system.
The rights of undocumented immigrants and access to legal aid.
The enforcement of immigration laws and the rights of migrant workers.
The legal implications of family reunification policies.
Analysis of deportation procedures and their compliance with international law.
The effect of climate change on migration patterns and immigration law.
Legal measures to protect immigrants against labor exploitation.
The role of local governments in immigration enforcement.
The legal aspects of border management technologies.
Immigration law and its impact on education for immigrant children.
The challenges of integrating immigrants into host societies legally.
Comparative study of investor immigration programs.
The effects of cultural bias in immigration law enforcement.
Legal remedies for immigrants subjected to discrimination.
The intersection of immigration law and public health policies.
The legal consequences of overstaying visas on future immigration applications.
The role of consulates and embassies in the immigration process.
Legal frameworks for addressing statelessness in the context of immigration.
Immigration law’s response to temporary protection statuses.
The impact of international sports events on immigration laws and policies.
The role of non-governmental organizations in shaping immigration law.
The use of biometric data in immigration control.
Legal perspectives on the economic impact of immigration.
Challenges in protecting the rights of elderly immigrants.
The influence of immigration on national identity and cultural policies.
Legal implications of global demographic shifts on immigration policies.
The regulation of international student visas and their impact on higher education.
Legal challenges faced by immigrants in accessing healthcare services.
The dynamics of urban immigration and legal integration strategies.
Legal issues concerning expatriation and renunciation of citizenship.
The future of immigration law in the face of global political changes.
The impact of artificial intelligence on copyright and patent law.
Comparative analysis of trademark laws in the digital age across different jurisdictions.
The role of intellectual property rights in fostering or hindering innovation.
Legal challenges in the protection of software under intellectual property law.
The enforcement of intellectual property rights in online platforms.
The balance between intellectual property rights and the public domain.
The implications of 3D printing technologies on intellectual property rights.
Intellectual property issues in the music industry: Streaming and digital rights.
The effectiveness of international intellectual property treaties like WIPO and TRIPS.
Intellectual property strategies for biotechnological inventions.
The role of patents in the pharmaceutical industry and access to medicine.
The impact of intellectual property rights on traditional knowledge and cultural expressions.
Copyright law and its adaptability to new forms of media like virtual reality.
The intersection of intellectual property law and competition law.
Legal frameworks for managing intellectual property in joint ventures and collaborations.
The role of intellectual property in the fashion industry and combating counterfeits.
Trademark dilution: A comparative study between the U.S. and EU approaches.
Legal challenges associated with celebrity rights and their management under IP law.
Intellectual property rights and their impact on small and medium-sized enterprises.
The protection of design rights in industrial models and drawings.
Intellectual property and corporate governance: Policy, compliance, and enforcement.
The challenges of enforcing intellectual property rights in the global south.
The evolution of copyright law in protecting digital ebooks and publications.
Intellectual property law in the advertising industry: Challenges and perspectives.
Ethical considerations in intellectual property law.
The role of intellectual property in the development of artificial organs and bioprinting.
Challenges in patenting genetic material and the moral implications thereof.
Intellectual property considerations in cross-border mergers and acquisitions.
Intellectual property rights in the context of augmented reality technologies.
The role of intellectual property in the semiconductor industry.
The impact of open-source licensing on intellectual property law.
Legal issues surrounding the protection of data and databases under intellectual property law.
The role of intellectual property in sports marketing and merchandise.
Intellectual property issues in cloud computing and data storage.
Copyright disputes in the film industry: Case studies and legal insights.
The protection of plant varieties and agricultural innovation under IP law.
Intellectual property and its role in promoting or restricting access to educational materials.
Trade secrets law: Comparative approaches and key challenges.
The impact of geographical indications on local economies and protection strategies.
Intellectual property law and its enforcement in the age of the internet of things.
The effectiveness of the United Nations in resolving international disputes.
The role of international law in governing the use of force by states.
Legal frameworks for international cooperation in combating climate change.
The implications of sovereignty and state responsibility in international law.
The enforcement of international human rights law in conflict zones.
Legal strategies for addressing international cybercrime and digital warfare.
The regulation of international trade under the World Trade Organization (WTO).
Legal challenges in the management of global migration and refugee crises.
The impact of international sanctions on global diplomacy and law.
The legal status and rights of stateless individuals under international law.
The application of international law in the Antarctic and other common areas.
The protection of cultural heritage in times of war under international law.
The role of international courts and tribunals in enforcing maritime law.
Comparative analysis of regional human rights mechanisms (e.g., European, African, American).
The jurisdiction and reach of the International Criminal Court (ICC).
The legal implications of territorial disputes on international relations.
The influence of international law on national legislation regarding environmental protection.
The legal treatment of indigenous peoples’ rights at the international level.
The development of international norms for corporate social responsibility.
Legal and ethical considerations in international medical research and healthcare.
The regulation of international finance and its impact on economic development.
The challenges of enforcing intellectual property rights at the international level.
The legal frameworks governing the use and regulation of drones in international airspace.
The impact of bilateral and multilateral treaties on domestic legal systems.
International legal standards for the treatment of prisoners and detainees.
The role of diplomatic immunity in contemporary international law.
Legal issues surrounding international sports events and the governance of international sports bodies.
The use of international law in combating terrorism and protecting national security.
Legal measures against international trafficking of drugs, arms, and human beings.
The role of non-state actors in international law (NGOs, multinational corporations, etc.).
Legal considerations in the preservation of biodiversity under international conventions.
The international legal ramifications of artificial islands and reclaimed territories.
The dynamics of negotiation and implementation of international peace treaties.
The intersection of international law and global public health policies.
The legal challenges in regulating outer space activities and celestial bodies.
The enforcement of international labor standards and their impact on global trade.
Legal implications of global electronic surveillance by states.
The regulation of international nuclear energy and nuclear weapons.
The role of international law in addressing issues of global poverty and inequality.
The future of international law in a multipolar world order.
The impact of globalization on labor rights and standards.
Legal challenges and protections for gig economy workers.
Comparative analysis of minimum wage laws across different jurisdictions.
The role of trade unions in modern labor markets.
Legal frameworks governing telecommuting and remote work arrangements.
Enforcement of anti-discrimination laws in the workplace.
The impact of artificial intelligence and automation on labor laws.
Legal protections for migrant workers in host countries.
The effectiveness of occupational safety and health regulations.
The role of labor law in managing economic crises and labor market shocks.
Gender equality in the workplace: Assessing legal approaches.
The regulation of child labor in developing economies.
Legal implications of employee surveillance practices.
Rights and legal protections for part-time, temporary, and seasonal workers.
Collective bargaining challenges in the public sector.
The legal status of unpaid internships and volunteer work.
Legal responses to workplace bullying and psychological harassment.
The enforceability of non-compete clauses in employment contracts.
Legal issues related to employee benefits and pensions.
The impact of labor laws on small businesses and startups.
Labor rights in the informal economy.
Legal strategies for conflict resolution in labor disputes.
The influence of international labor standards on national laws.
The role of labor law in promoting sustainable employment practices.
The effectiveness of mediation and arbitration in labor disputes.
Legal protections against wrongful termination.
The challenges of enforcing fair labor practices across multinational corporations.
The rights of disabled workers under labor law.
Labor law and its adaptation to the changing nature of work.
The regulation of labor in industries with high risk of exploitation (e.g., textiles, mining).
The impact of labor law on industrial relations in the healthcare sector.
Legal aspects of wage theft and its enforcement.
Labor laws related to shift work and overtime regulations.
The legal consequences of labor strikes and lockouts.
Employee privacy rights versus employer’s right to monitor.
The role of labor law in economic development and poverty reduction.
Legal frameworks for employee representation in corporate governance.
The challenges of labor law compliance in the retail sector.
Labor law issues in the entertainment and sports industries.
Future trends in labor law: Anticipating changes in legislation and workplace norms.
The ethical implications of attorney-client confidentiality.
Ethical challenges in pro bono legal work.
The role of personal morality in legal judgments.
Ethical dilemmas faced by defense attorneys in criminal cases.
The influence of ethics on legal decision-making processes.
Conflicts of interest in legal practice: Identification and management.
Ethical considerations in legal advertising and client solicitation.
The impact of technology on ethical practices in law.
Ethical issues in the representation of minors and incapacitated clients.
The enforcement of ethical standards in the judiciary.
Ethical challenges in corporate legal departments.
The ethics of legal outsourcing and the use of non-lawyers.
Ethical considerations in mediation and alternative dispute resolution.
The implications of ethical misconduct on legal careers.
The duty of lawyers to the court vs. client loyalty.
Ethical issues in cross-border legal practices.
The responsibility of lawyers in preventing money laundering.
The ethical dimensions of legal education and training.
The balance between justice and efficiency in legal ethics.
Ethical considerations in the use of artificial intelligence in law.
The ethics of plea bargaining and its impact on justice.
Ethical issues in the management of legal trusts and estates.
The role of ethics in environmental law.
Professional responsibility in managing legal errors and omissions.
Ethical dilemmas in bankruptcy law.
The impact of personal ethics on public interest law.
Ethical considerations in the competitive practices of law firms.
Ethics in legal research: Ensuring accuracy and integrity.
The moral obligations of lawyers in promoting human rights.
The ethics of lawyer activism in political and social movements.
Challenges of maintaining ethical standards in high-pressure legal environments.
Ethical issues in the intersection of law and politics.
The professional ethics of tax lawyers.
Ethical challenges in the prosecution of complex financial crimes.
The ethical dimensions of elder law and representation of the elderly.
The role of moral philosophy in legal ethics curricula.
Ethical considerations in capital punishment cases.
Lawyers’ ethical responsibilities in handling classified information.
The impact of ethical lapses in corporate scandals.
Future directions in legal ethics: Preparing lawyers for emerging moral challenges.
The legal frameworks governing international maritime boundaries.
Liability issues in the event of oil spills and maritime environmental disasters.
The regulation of piracy under international maritime law.
Legal challenges in the Arctic maritime routes and territorial claims.
The effectiveness of maritime safety regulations in preventing accidents at sea.
Legal aspects of maritime insurance: Coverage, claims, and disputes.
The role of the International Maritime Organization (IMO) in global shipping regulations.
Arbitration and dispute resolution in international maritime contracts.
Legal implications of autonomous ships on international maritime law.
The enforcement of maritime security measures against terrorism.
Ship registration and flag state responsibilities under international law.
The impact of climate change on maritime boundaries and fishing rights.
Legal strategies for combating illegal, unreported, and unregulated (IUU) fishing.
Maritime lien and ship arrest procedures across different jurisdictions.
The regulation of crew rights and labor conditions aboard international vessels.
Comparative analysis of salvage law and the law of finds.
Legal issues surrounding the abandonment of ships.
Port state control and its impact on international shipping.
The rights and legal protection of seafarers under international maritime law.
The application of maritime law to underwater cultural heritage.
The challenges of enforcing maritime law in high seas governance.
Legal frameworks for the management of maritime natural resources.
Collision regulations and legal liability at sea.
The impact of technology on maritime law: Satellite and GPS issues.
The legalities involved in the financing and construction of vessels.
Legal issues related to maritime transport of hazardous and noxious substances.
The role of maritime law in the global supply chain and logistics.
Legal implications of maritime blockades during armed conflict.
The interface between maritime law and marine biodiversity conservation.
The legality of maritime security operations by private companies.
Insurance law as applicable to maritime piracy and armed robbery.
The regulation of the international cruise industry under maritime law.
Challenges in maritime jurisdiction: Enforcement and compliance issues.
Legal aspects of maritime cybersecurity threats and data protection.
The impact of maritime law on the offshore oil and gas industry.
Legal issues in maritime search and rescue operations.
The role of national courts in maritime law enforcement.
Trends in maritime law: Emerging issues and future directions.
Maritime law and its adaptation to the shipping of liquefied natural gas (LNG).
The influence of maritime law on international maritime education and training.
Legal challenges posed by digital media platforms to traditional copyright laws.
The impact of social media on privacy rights and legal implications.
Regulation of fake news and misinformation: Legal frameworks and effectiveness.
Legal aspects of media censorship in authoritarian regimes.
The role of media law in protecting journalistic sources and whistleblowers.
Copyright infringement in the digital age: Streaming services and legal responses.
Legal standards for advertising and marketing in digital and traditional media.
The influence of media law on freedom of expression and public discourse.
The right to be forgotten in the age of the internet: Legal and ethical considerations.
Defamation law in the digital era: Challenges and new developments.
Legal responses to cyberbullying and online harassment through media platforms.
Intellectual property rights in the creation and distribution of digital content.
Legal issues surrounding user-generated content on online platforms.
The role of the Federal Communications Commission (FCC) in regulating broadcast media.
Legal frameworks for handling sensitive content: Violence, sexuality, and hate speech.
The regulation of political advertising and its impact on elections.
The legal implications of artificial intelligence in content creation.
Data protection laws and their enforcement on media platforms.
The balance between national security and press freedom.
Legal strategies for combating deepfake technology and its implications.
Media ownership laws and their impact on media diversity and pluralism.
The enforcement of media ethics and law in the age of global digital platforms.
Legal challenges in cross-border media operations and jurisdictional issues.
The role of legal frameworks in managing public relations crises.
The impact of telecommunications law on media dissemination and access.
Legal considerations for media mergers and acquisitions.
Regulation of satellite and cable TV in the digital landscape.
Legal issues related to podcasting and other emerging media formats.
The protection of minors in media consumption: Legal frameworks and challenges.
The legal ramifications of media during public health emergencies.
Accessibility laws related to media content for persons with disabilities.
The role of the law in combating racial and gender stereotypes in media.
Media law and consumer protection: Misleading advertisements and consumer rights.
The impact of GDPR and other privacy regulations on media operations in Europe.
The legal implications of virtual and augmented reality technologies in media.
Legal disputes involving music licensing and rights management.
The challenges of regulating live streaming services under existing media laws.
Legal issues surrounding the archiving of digital media content.
The intersection of media law and sports broadcasting rights.
Future trends in media law: Preparing for new challenges in media and communication technologies.
Comparative analysis of property rights and land tenure systems across different cultures.
The impact of eminent domain on property rights and fair compensation.
Legal challenges in the administration of estates and trusts.
Intellectual property rights in the digital age: Balancing creators’ rights and public access.
The role of property law in environmental conservation.
Legal frameworks governing the leasing and renting of property.
The evolution of property rights in response to urbanization.
Property disputes and their resolution: Case studies from land courts.
The effect of zoning laws on property development and urban planning.
Legal aspects of real estate transactions and the role of property lawyers.
Property law and its impact on economic development in emerging markets.
Legal challenges of property ownership in communal and indigenous lands.
The influence of property law on agricultural practices and rural development.
Legal responses to squatting and adverse possession.
Property rights in marital and family law contexts.
The implications of blockchain technology on property transactions and record keeping.
Legal and ethical considerations in the foreclosure process.
Water rights and property law: Managing conflicts and ensuring sustainability.
The impact of natural disasters on property law and homeowner rights.
Property rights and the challenges of gentrification in urban areas.
Legal considerations in the conversion of property for commercial use.
The implications of property law for renewable energy projects (e.g., wind farms, solar panels).
Historical perspectives on property law and their modern-day relevance.
The regulation of property within gated communities and homeowners associations.
Legal issues related to the inheritance of digital assets.
The role of property law in resolving boundary disputes.
Property law and the regulation of timeshares and vacation ownership.
The intersection of property law and bankruptcy proceedings.
Legal frameworks for managing property during divorce or separation.
Property rights and the management of shared or common resources.
Legal challenges in property transactions involving foreign investors.
Property law in the context of historic preservation and cultural heritage.
Regulatory issues surrounding the development of commercial properties.
The role of property law in the sharing economy (e.g., Airbnb, Uber).
Legal issues in property development and construction.
The impact of tax law on property ownership and transfer.
Property law and its implications for homelessness and affordable housing.
Legal approaches to combating land degradation and promoting sustainable use.
The role of artificial intelligence and technology in property law enforcement.
Future trends in property law: Predicting changes and legal needs.
The role of international law in managing global pandemics and health emergencies.
Legal frameworks governing the use of force and intervention by states.
The effectiveness of international sanctions as a tool of diplomacy.
The implications of sovereignty in the digital age for international law.
The enforcement mechanisms of international human rights law.
The legal challenges of climate change negotiations and treaty implementation.
The jurisdiction and effectiveness of the International Criminal Court (ICC).
The role of international law in governing outer space activities.
Legal issues related to the protection of refugees and stateless persons.
The development and enforcement of international environmental law.
The impact of international law on maritime disputes and ocean governance.
The legal basis and implications of unilateral declarations of independence.
Legal strategies to combat international terrorism within the framework of public international law.
The role of soft law in international relations and its legal significance.
International legal aspects of economic sanctions and their impact on trade.
The resolution of territorial disputes through international courts and tribunals.
The regulation of armed conflict and the laws of war.
International law and the regulation of cyberspace and cybersecurity.
The legal challenges and implications of artificial intelligence on international norms.
The enforcement of international anti-corruption measures.
The role of international organizations in global governance.
Legal issues surrounding the management of international waters.
The impact of cultural heritage protection under international law.
International legal standards for labor and their enforcement.
The relationship between international law and indigenous rights.
The influence of global financial regulations on international law.
The compatibility of regional trade agreements with the World Trade Organization (WTO) law.
Legal protections for investors under international investment agreements.
International law and its role in addressing global inequality.
The legal challenges of managing international migration.
The application of international law in diplomatic relations.
International legal considerations in the disposal of hazardous wastes.
The role of public international law in combating human trafficking.
Legal frameworks for international cooperation in disaster relief and emergency response.
International law and the challenges of sustainable development.
The regulation of non-governmental organizations (NGOs) under international law.
Legal issues surrounding global telecommunications regulations.
International law and the use of drones in warfare and surveillance.
The implications of emerging technologies on arms control agreements.
The future of public international law in a multipolar world.
Legal implications of doping in sports: An international perspective.
The enforceability of sports contracts: Analysis of player agreements.
Intellectual property rights in sports: Branding, trademarks, and image rights.
Legal aspects of sports broadcasting rights in the digital age.
The role of arbitration in resolving sports disputes.
Gender equality in sports: Legal challenges and advancements.
Legal issues surrounding the organization of international sporting events.
Sports governance: The impact of legal structures on global sports bodies.
The application of labor laws to professional athletes and sports leagues.
The protection of minors in professional sports.
Anti-discrimination laws and their enforcement in sports.
Legal considerations in the commercialization of sports.
Sports injury and liability: The role of law in protecting athletes.
Ethical and legal considerations in sports betting and gambling.
The implications of technological advancements on sports law (e.g., VAR, goal-line technology).
Contract negotiation and dispute resolution in sports.
The impact of COVID-19 on sports contracts and legal liabilities.
Legal issues in e-sports: Regulation and recognition.
Ownership rights and financial regulations in sports clubs.
Privacy laws and their application to athletes’ personal data.
The legal framework for anti-doping regulations across different sports.
The role of sports agents: Legal responsibilities and ethical considerations.
Disability sports and legal challenges in inclusivity.
Sports tourism and the law: Legal issues in hosting international events.
Legal challenges in sports marketing and sponsorship agreements.
The regulation of sports medicine and legal liabilities.
The role of national courts in sports law.
Safeguarding child athletes: Legal obligations and policies.
The legality of sanctions in sports: Case studies from football and athletics.
The intersection of sports law and human rights.
Sports law in collegiate athletics: Compliance and regulation.
The regulation of violent conduct in sports.
Legal issues surrounding the use of performance-enhancing technology.
Sports, media rights, and freedom of expression.
Legal challenges in managing sports facilities and event safety.
The impact of sports law on international relations.
Sports law and the challenge of match-fixing.
The role of international sports law in the Olympic Movement.
The governance of water sports and maritime law intersections.
Future trends in sports law: Emerging issues and legal needs.
Comparative analysis of international tax treaties and their impact on global trade.
The legality of digital taxation and its implications for multinational corporations.
Legal challenges in implementing a global minimum tax for corporations.
The role of tax law in economic development and foreign direct investment.
Tax evasion and avoidance: Legal frameworks and enforcement mechanisms.
The impact of tax incentives on renewable energy investments.
Estate and inheritance tax laws: A comparative study.
The effectiveness of VAT systems in developing economies.
Legal issues surrounding tax havens and offshore financial centers.
The application of tax laws to cryptocurrencies and blockchain technology.
The role of taxation in public health policy (e.g., taxes on sugary drinks, tobacco).
Taxation of the gig economy: Challenges and policy options.
Legal frameworks governing charitable giving and tax deductions.
The implications of property tax laws on urban development.
Transfer pricing regulations and their impact on international business operations.
The enforcement of sales taxes in the e-commerce sector.
Tax compliance burdens for small and medium-sized enterprises.
The legal aspects of tax reforms and policy changes.
Taxation and privacy: Legal issues in the collection and sharing of taxpayer information.
Comparative analysis of capital gains tax regulations.
The role of artificial intelligence in tax administration and compliance.
The legal challenges of implementing environmental taxes.
Tax disputes and litigation: Strategies and outcomes.
The regulation and taxation of financial derivatives.
Tax law and its impact on charitable organizations and non-profits.
The interplay between tax law and bankruptcy law.
Legal strategies used by states to combat tax avoidance and profit shifting.
The influence of tax policy on housing markets.
Legal implications of tax credits for family and dependents.
Taxation of expatriates and non-resident citizens.
The constitutionality of tax laws and challenges in the courts.
Tax law as a tool for social equity and redistribution.
The impact of tax laws on consumer behavior.
Taxation in the digital media and entertainment industries.
The role of tax law in regulating pensions and retirement savings.
Tax policy and its effect on agricultural practices and land use.
The challenges of harmonizing state and federal tax laws.
Tax law and the regulation of the sports industry.
The taxation of international shipping and maritime activities.
Future trends in tax law: Anticipating changes in global tax policies.

We hope this extensive collection of law thesis topics sparks your intellectual curiosity and aids in pinpointing a subject that resonates with your academic interests and career aspirations. Each topic presented here has been chosen to challenge your understanding and to encourage a deeper exploration of the legal landscape. As you prepare to embark on your thesis journey, consider these topics not just as mere titles, but as gateways to developing a nuanced understanding of the law in various contexts. Utilize this resource to craft a thesis that not only fulfills your academic requirements but also contributes meaningfully to the discourse in your chosen area of law.

The Range of Law Thesis Topics

Exploring the vast expanse of law thesis topics provides a unique opportunity for law students to delve into specific legal issues, refine their understanding, and contribute to the ongoing development of legal scholarship. As students embark on this crucial phase of their academic journey, selecting the right thesis topic is essential. This article aims to illuminate the range of potential law thesis topics, highlighting current issues, recent trends, and future directions. By examining these topics, students can better understand the legal landscape’s complexities and identify areas where they can make a significant academic impact.

Current Issues in Law

As we navigate through the complexities of contemporary society, numerous current issues in law emerge that are critical for law students to explore in their theses. These topics not only reflect ongoing legal challenges but also set the stage for developing effective solutions that uphold justice and societal norms. Delving into these law thesis topics allows students to engage with live issues that impact various facets of the legal system, from privacy laws and civil rights to corporate governance and environmental regulations.

Privacy and Data Protection: In today’s digital age, the issue of privacy and data protection has come to the forefront. With the proliferation of digital data, the legal frameworks designed to protect personal information are constantly tested. Law students could explore the adequacy of existing laws like the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States, considering the rapid advancements in technology and the increasing global nature of data processing.
Civil Rights in the Modern Era: As societies evolve, so too do their understandings and implementations of civil rights. Current legal discussions often focus on issues such as police brutality, LGBTQ+ rights, and the protections afforded to individuals under new healthcare regulations. Thesis topics may examine how legal responses are adapting in light of these challenges, particularly in terms of legislative and judicial actions intended to protect marginalized groups.
Corporate Compliance and Governance: With the global economy becoming more interconnected, the importance of corporate compliance and governance has been magnified. Law thesis topics could investigate how businesses are expected to operate ethically while maximizing shareholder value, especially in industries that have significant impacts on the environment or human rights. Additionally, the legal liabilities of corporate officers and directors for breaches of fiduciary duties remain a hot topic in legal research.
Environmental Law and Climate Change: Environmental law continues to be a pressing area of legal concern as the effects of climate change become more evident. Law students can explore topics related to the enforcement of environmental regulations, the role of international treaties in combating global warming, and the legal responsibilities of nations and corporations in ensuring sustainability. The recent shifts towards renewable energy sources and their legal implications offer a rich field for exploration.
Immigration Law: Immigration law remains at the forefront of political and legal debates in many countries. Thesis topics could address the legality of border enforcement practices, the rights of refugees and asylum seekers, and the impact of new immigration policies on families and communities. Additionally, the intersection of immigration law with human rights provides a compelling area for legal research and discussion.
Intellectual Property in the Innovation Economy: As innovation drives economic growth, intellectual property (IP) law plays a crucial role in protecting inventions, brands, and creative works. However, the tension between IP protection and the public interest, particularly in the pharmaceutical industry and technology sector, presents a complex scenario for legal analysis. Law students might explore the balance between encouraging innovation through patents and copyrights and ensuring public access to essential medicines and technologies.

Each of these areas presents unique challenges and opportunities for law students to contribute to their fields through rigorous analysis and innovative thinking. Addressing these current issues in law not only enhances their academic portfolio but also prepares them to enter the legal profession with a comprehensive understanding of the issues at the forefront of legal practice today. By focusing on these law thesis topics, students can position themselves at the cutting edge of legal research and development.

Recent Trends in Law

The dynamic nature of legal systems worldwide ensures that the landscape of law is perpetually evolving. Recent trends in law have been shaped by technological advancements, societal shifts, and global events that have prompted significant legal developments and debates. These trends provide fertile ground for law thesis topics, offering students a chance to explore the cutting-edge issues that are shaping modern legal doctrines and practices.

Technology and Law: One of the most pervasive influences on recent legal trends is technology. From the rise of fintech and blockchain technology affecting financial regulations to the challenges posed by artificial intelligence in privacy and intellectual property law, technology is reshaping legal boundaries. Law students could examine topics such as the regulation of autonomous vehicles, legal responses to cybersecurity threats, or the implications of AI in criminal justice systems, including predictive policing and decision-making algorithms.
Global Health and Law: The COVID-19 pandemic has highlighted the critical role of health law on a global scale. Recent legal trends have focused on public health law’s response to pandemics, including emergency powers, vaccination mandates, and quarantine measures. Thesis topics might analyze the balance between individual rights and public health safety, the legal implications of global vaccine distribution, or the role of the World Health Organization in shaping international health regulations.
International Trade and Law: Recent shifts in international trade agreements and policies, such as Brexit and changes in the United States’ trade policies, have significant legal implications. Law students have the opportunity to delve into issues surrounding trade negotiations, tariffs, and the role of international bodies like the World Trade Organization in mediating global trade disputes. Additionally, the rise of protectionist policies and their legal ramifications offers a rich area for scholarly investigation.
Social Justice and Law: Recent years have seen a marked increase in legal initiatives focused on social justice, including movements towards criminal justice reform, police accountability, and the decriminalization of certain activities. Law thesis topics could explore the legal frameworks surrounding prison reform, the abolition of cash bail systems, or the legalization of cannabis and its social, economic, and legal impacts.
Environmental and Energy Law: With the urgent need for environmental sustainability, recent legal trends have increasingly focused on environmental and energy law. Topics for exploration include the transition to renewable energy sources, legal strategies for reducing carbon footprints, and the enforcement of international environmental agreements like the Paris Accord. Law students could also investigate the legal aspects of green technology patents and their role in promoting eco-friendly innovations.
Corporate Responsibility and Ethics: There is a growing trend towards ensuring that corporations operate more transparently and ethically, particularly in relation to environmental, social, and governance (ESG) criteria. This shift has led to new regulations and legal standards, offering thesis topics on corporate governance reforms, the legal liabilities of ignoring climate change impacts, and the integration of corporate social responsibility into business operations.

These recent trends in law reflect a world where legal systems are rapidly adapting to external changes and internal pressures. For law students, engaging with these law thesis topics not only provides an opportunity to contribute to scholarly discourse but also to influence future legal practices and policies. As these trends continue to evolve, they will undoubtedly shape the legal landscape for years to come, providing ongoing opportunities for impactful legal research.

Future Directions in Law

The legal landscape is continually evolving, driven by shifts in technology, societal norms, and global dynamics. Identifying and understanding future directions in law is crucial for law students as they consider thesis topics that not only address current legal challenges but also anticipate upcoming legal trends. This exploration provides insights into potential legal reforms, the emergence of new legal fields, and the adaptation of law to future societal needs.

The Expansion of Cyber Law: As digital technology becomes even more integrated into daily life, the future of law will increasingly hinge on addressing cyber-related issues. Future law thesis topics might explore regulations for the Internet of Things (IoT), legal responses to virtual realities, and the implications of quantum computing on data security and encryption. Additionally, the legalities of digital personhood and AI’s rights and responsibilities will challenge traditional legal frameworks and require innovative legal thinking.
Climate Change Legislation: Climate change continues to be an urgent global issue, necessitating robust legal frameworks that promote environmental sustainability and mitigate harm. Future legal scholars might focus on international climate agreements, the development of national laws that enforce global climate goals, and the legal responsibilities of countries and corporations in reducing their carbon footprint. The role of law in promoting green technologies and sustainable urban planning will also be critical areas for research.
Global Legal Cooperation: In an interconnected world, the future of law lies in global cooperation, particularly in areas like human rights, international trade, and public health. Law students could examine the potential for new international treaties, the evolution of supranational legal institutions, and the ways legal systems can work together to address issues such as migration, pandemics, and international crime.
Legal Implications of Biotechnology: As biotechnological advancements continue, so too will their legal implications. Future thesis topics may include the regulation of genetic editing techniques, bioethics, bioprinting of human organs, and the patenting of biotechnological inventions. The balance between innovation and ethical considerations will be a significant focus, as will the protection of genetic data.
Reforming Justice Systems: There is an ongoing need for justice system reform, particularly concerning equity, efficiency, and accessibility. Future directions in law could involve examining alternative dispute resolution mechanisms, the decriminalization of certain offenses, and reforms in sentencing practices. Additionally, the adoption of technology in the justice system, such as virtual courtrooms and AI in legal decision-making, presents both opportunities and challenges.
The Future of Labor Law: The nature of work and the workplace is changing rapidly, prompted by technology and evolving business models. Future law thesis topics might include the legal status and rights of gig economy workers, the use of AI in workplace management, and the implications of remote work for labor law. Legal scholars will need to consider how labor laws can adapt to continue protecting workers’ rights in this new landscape.
Protecting Rights in a Digital World: As personal and societal activities increasingly move online, protecting individual rights becomes more complex and essential. Future legal research could focus on digital identity, the right to digital privacy, and freedom of expression online. Legal frameworks will need to evolve to protect these rights adequately while balancing them against national security concerns and societal norms.

These future directions in law offer a glimpse into the potential challenges and areas of growth for the legal profession. For law students, engaging with these topics not only helps push the boundaries of current legal thought but also prepares them to play an active role in shaping the future of the legal landscape.

The exploration of law thesis topics is more than an academic requirement; it’s a chance to engage deeply with the legal issues that shape our society and influence our daily lives. As we have seen, the scope of potential topics spans from traditional legal analyses to emerging legal challenges brought about by technological and social changes. Whether addressing longstanding issues or anticipating future legal shifts, students equipped with the right thesis topic can contribute meaningfully to the discourse within their chosen field. Encouragingly, the breadth of law thesis topics offers endless possibilities for investigation and innovation, promising a rich tapestry of legal knowledge that will evolve with the changing world.

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National Institute of Environmental Health Sciences

Your environment. your health., what is ethics in research & why is it important, by david b. resnik, j.d., ph.d..

December 23, 2020

The ideas and opinions expressed in this essay are the author’s own and do not necessarily represent those of the NIH, NIEHS, or US government.

When most people think of ethics (or morals), they think of rules for distinguishing between right and wrong, such as the Golden Rule ("Do unto others as you would have them do unto you"), a code of professional conduct like the Hippocratic Oath ("First of all, do no harm"), a religious creed like the Ten Commandments ("Thou Shalt not kill..."), or a wise aphorisms like the sayings of Confucius. This is the most common way of defining "ethics": norms for conduct that distinguish between acceptable and unacceptable behavior.

Most people learn ethical norms at home, at school, in church, or in other social settings. Although most people acquire their sense of right and wrong during childhood, moral development occurs throughout life and human beings pass through different stages of growth as they mature. Ethical norms are so ubiquitous that one might be tempted to regard them as simple commonsense. On the other hand, if morality were nothing more than commonsense, then why are there so many ethical disputes and issues in our society?

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One plausible explanation of these disagreements is that all people recognize some common ethical norms but interpret, apply, and balance them in different ways in light of their own values and life experiences. For example, two people could agree that murder is wrong but disagree about the morality of abortion because they have different understandings of what it means to be a human being.

Most societies also have legal rules that govern behavior, but ethical norms tend to be broader and more informal than laws. Although most societies use laws to enforce widely accepted moral standards and ethical and legal rules use similar concepts, ethics and law are not the same. An action may be legal but unethical or illegal but ethical. We can also use ethical concepts and principles to criticize, evaluate, propose, or interpret laws. Indeed, in the last century, many social reformers have urged citizens to disobey laws they regarded as immoral or unjust laws. Peaceful civil disobedience is an ethical way of protesting laws or expressing political viewpoints.

Another way of defining 'ethics' focuses on the disciplines that study standards of conduct, such as philosophy, theology, law, psychology, or sociology. For example, a "medical ethicist" is someone who studies ethical standards in medicine. One may also define ethics as a method, procedure, or perspective for deciding how to act and for analyzing complex problems and issues. For instance, in considering a complex issue like global warming , one may take an economic, ecological, political, or ethical perspective on the problem. While an economist might examine the cost and benefits of various policies related to global warming, an environmental ethicist could examine the ethical values and principles at stake.

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Many different disciplines, institutions , and professions have standards for behavior that suit their particular aims and goals. These standards also help members of the discipline to coordinate their actions or activities and to establish the public's trust of the discipline. For instance, ethical standards govern conduct in medicine, law, engineering, and business. Ethical norms also serve the aims or goals of research and apply to people who conduct scientific research or other scholarly or creative activities. There is even a specialized discipline, research ethics, which studies these norms. See Glossary of Commonly Used Terms in Research Ethics and Research Ethics Timeline .

There are several reasons why it is important to adhere to ethical norms in research. First, norms promote the aims of research , such as knowledge, truth, and avoidance of error. For example, prohibitions against fabricating , falsifying, or misrepresenting research data promote the truth and minimize error.

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Second, since research often involves a great deal of cooperation and coordination among many different people in different disciplines and institutions, ethical standards promote the values that are essential to collaborative work , such as trust, accountability, mutual respect, and fairness. For example, many ethical norms in research, such as guidelines for authorship , copyright and patenting policies , data sharing policies, and confidentiality rules in peer review, are designed to protect intellectual property interests while encouraging collaboration. Most researchers want to receive credit for their contributions and do not want to have their ideas stolen or disclosed prematurely.

Third, many of the ethical norms help to ensure that researchers can be held accountable to the public . For instance, federal policies on research misconduct, conflicts of interest, the human subjects protections, and animal care and use are necessary in order to make sure that researchers who are funded by public money can be held accountable to the public.

Fourth, ethical norms in research also help to build public support for research. People are more likely to fund a research project if they can trust the quality and integrity of research.

Finally, many of the norms of research promote a variety of other important moral and social values , such as social responsibility, human rights, animal welfare, compliance with the law, and public health and safety. Ethical lapses in research can significantly harm human and animal subjects, students, and the public. For example, a researcher who fabricates data in a clinical trial may harm or even kill patients, and a researcher who fails to abide by regulations and guidelines relating to radiation or biological safety may jeopardize his health and safety or the health and safety of staff and students.

Codes and Policies for Research Ethics

Given the importance of ethics for the conduct of research, it should come as no surprise that many different professional associations, government agencies, and universities have adopted specific codes, rules, and policies relating to research ethics. Many government agencies have ethics rules for funded researchers.

National Institutes of Health (NIH)
National Science Foundation (NSF)
Food and Drug Administration (FDA)
Environmental Protection Agency (EPA)
US Department of Agriculture (USDA)
Singapore Statement on Research Integrity
American Chemical Society, The Chemist Professional’s Code of Conduct
Code of Ethics (American Society for Clinical Laboratory Science)
American Psychological Association, Ethical Principles of Psychologists and Code of Conduct
Statement on Professional Ethics (American Association of University Professors)
Nuremberg Code
World Medical Association's Declaration of Helsinki

Ethical Principles

The following is a rough and general summary of some ethical principles that various codes address*:

Strive for honesty in all scientific communications. Honestly report data, results, methods and procedures, and publication status. Do not fabricate, falsify, or misrepresent data. Do not deceive colleagues, research sponsors, or the public.

Objectivity

Strive to avoid bias in experimental design, data analysis, data interpretation, peer review, personnel decisions, grant writing, expert testimony, and other aspects of research where objectivity is expected or required. Avoid or minimize bias or self-deception. Disclose personal or financial interests that may affect research.

Keep your promises and agreements; act with sincerity; strive for consistency of thought and action.

Carefulness

Avoid careless errors and negligence; carefully and critically examine your own work and the work of your peers. Keep good records of research activities, such as data collection, research design, and correspondence with agencies or journals.

Share data, results, ideas, tools, resources. Be open to criticism and new ideas.

Transparency

Disclose methods, materials, assumptions, analyses, and other information needed to evaluate your research.

Accountability

Take responsibility for your part in research and be prepared to give an account (i.e. an explanation or justification) of what you did on a research project and why.

Intellectual Property

Honor patents, copyrights, and other forms of intellectual property. Do not use unpublished data, methods, or results without permission. Give proper acknowledgement or credit for all contributions to research. Never plagiarize.

Confidentiality

Protect confidential communications, such as papers or grants submitted for publication, personnel records, trade or military secrets, and patient records.

Responsible Publication

Publish in order to advance research and scholarship, not to advance just your own career. Avoid wasteful and duplicative publication.

Responsible Mentoring

Help to educate, mentor, and advise students. Promote their welfare and allow them to make their own decisions.

Respect for Colleagues

Respect your colleagues and treat them fairly.

Social Responsibility

Strive to promote social good and prevent or mitigate social harms through research, public education, and advocacy.

Non-Discrimination

Avoid discrimination against colleagues or students on the basis of sex, race, ethnicity, or other factors not related to scientific competence and integrity.

Maintain and improve your own professional competence and expertise through lifelong education and learning; take steps to promote competence in science as a whole.

Know and obey relevant laws and institutional and governmental policies.

Animal Care

Show proper respect and care for animals when using them in research. Do not conduct unnecessary or poorly designed animal experiments.

Human Subjects protection

When conducting research on human subjects, minimize harms and risks and maximize benefits; respect human dignity, privacy, and autonomy; take special precautions with vulnerable populations; and strive to distribute the benefits and burdens of research fairly.

* Adapted from Shamoo A and Resnik D. 2015. Responsible Conduct of Research, 3rd ed. (New York: Oxford University Press).

Ethical Decision Making in Research

Although codes, policies, and principles are very important and useful, like any set of rules, they do not cover every situation, they often conflict, and they require interpretation. It is therefore important for researchers to learn how to interpret, assess, and apply various research rules and how to make decisions and act ethically in various situations. The vast majority of decisions involve the straightforward application of ethical rules. For example, consider the following case:

The research protocol for a study of a drug on hypertension requires the administration of the drug at different doses to 50 laboratory mice, with chemical and behavioral tests to determine toxic effects. Tom has almost finished the experiment for Dr. Q. He has only 5 mice left to test. However, he really wants to finish his work in time to go to Florida on spring break with his friends, who are leaving tonight. He has injected the drug in all 50 mice but has not completed all of the tests. He therefore decides to extrapolate from the 45 completed results to produce the 5 additional results.

Many different research ethics policies would hold that Tom has acted unethically by fabricating data. If this study were sponsored by a federal agency, such as the NIH, his actions would constitute a form of research misconduct , which the government defines as "fabrication, falsification, or plagiarism" (or FFP). Actions that nearly all researchers classify as unethical are viewed as misconduct. It is important to remember, however, that misconduct occurs only when researchers intend to deceive : honest errors related to sloppiness, poor record keeping, miscalculations, bias, self-deception, and even negligence do not constitute misconduct. Also, reasonable disagreements about research methods, procedures, and interpretations do not constitute research misconduct. Consider the following case:

Dr. T has just discovered a mathematical error in his paper that has been accepted for publication in a journal. The error does not affect the overall results of his research, but it is potentially misleading. The journal has just gone to press, so it is too late to catch the error before it appears in print. In order to avoid embarrassment, Dr. T decides to ignore the error.

Dr. T's error is not misconduct nor is his decision to take no action to correct the error. Most researchers, as well as many different policies and codes would say that Dr. T should tell the journal (and any coauthors) about the error and consider publishing a correction or errata. Failing to publish a correction would be unethical because it would violate norms relating to honesty and objectivity in research.

There are many other activities that the government does not define as "misconduct" but which are still regarded by most researchers as unethical. These are sometimes referred to as " other deviations " from acceptable research practices and include:

Publishing the same paper in two different journals without telling the editors
Submitting the same paper to different journals without telling the editors
Not informing a collaborator of your intent to file a patent in order to make sure that you are the sole inventor
Including a colleague as an author on a paper in return for a favor even though the colleague did not make a serious contribution to the paper
Discussing with your colleagues confidential data from a paper that you are reviewing for a journal
Using data, ideas, or methods you learn about while reviewing a grant or a papers without permission
Trimming outliers from a data set without discussing your reasons in paper
Using an inappropriate statistical technique in order to enhance the significance of your research
Bypassing the peer review process and announcing your results through a press conference without giving peers adequate information to review your work
Conducting a review of the literature that fails to acknowledge the contributions of other people in the field or relevant prior work
Stretching the truth on a grant application in order to convince reviewers that your project will make a significant contribution to the field
Stretching the truth on a job application or curriculum vita
Giving the same research project to two graduate students in order to see who can do it the fastest
Overworking, neglecting, or exploiting graduate or post-doctoral students
Failing to keep good research records
Failing to maintain research data for a reasonable period of time
Making derogatory comments and personal attacks in your review of author's submission
Promising a student a better grade for sexual favors
Using a racist epithet in the laboratory
Making significant deviations from the research protocol approved by your institution's Animal Care and Use Committee or Institutional Review Board for Human Subjects Research without telling the committee or the board
Not reporting an adverse event in a human research experiment
Wasting animals in research
Exposing students and staff to biological risks in violation of your institution's biosafety rules
Sabotaging someone's work
Stealing supplies, books, or data
Rigging an experiment so you know how it will turn out
Making unauthorized copies of data, papers, or computer programs
Owning over $10,000 in stock in a company that sponsors your research and not disclosing this financial interest
Deliberately overestimating the clinical significance of a new drug in order to obtain economic benefits

These actions would be regarded as unethical by most scientists and some might even be illegal in some cases. Most of these would also violate different professional ethics codes or institutional policies. However, they do not fall into the narrow category of actions that the government classifies as research misconduct. Indeed, there has been considerable debate about the definition of "research misconduct" and many researchers and policy makers are not satisfied with the government's narrow definition that focuses on FFP. However, given the huge list of potential offenses that might fall into the category "other serious deviations," and the practical problems with defining and policing these other deviations, it is understandable why government officials have chosen to limit their focus.

Finally, situations frequently arise in research in which different people disagree about the proper course of action and there is no broad consensus about what should be done. In these situations, there may be good arguments on both sides of the issue and different ethical principles may conflict. These situations create difficult decisions for research known as ethical or moral dilemmas . Consider the following case:

Dr. Wexford is the principal investigator of a large, epidemiological study on the health of 10,000 agricultural workers. She has an impressive dataset that includes information on demographics, environmental exposures, diet, genetics, and various disease outcomes such as cancer, Parkinson’s disease (PD), and ALS. She has just published a paper on the relationship between pesticide exposure and PD in a prestigious journal. She is planning to publish many other papers from her dataset. She receives a request from another research team that wants access to her complete dataset. They are interested in examining the relationship between pesticide exposures and skin cancer. Dr. Wexford was planning to conduct a study on this topic.

Dr. Wexford faces a difficult choice. On the one hand, the ethical norm of openness obliges her to share data with the other research team. Her funding agency may also have rules that obligate her to share data. On the other hand, if she shares data with the other team, they may publish results that she was planning to publish, thus depriving her (and her team) of recognition and priority. It seems that there are good arguments on both sides of this issue and Dr. Wexford needs to take some time to think about what she should do. One possible option is to share data, provided that the investigators sign a data use agreement. The agreement could define allowable uses of the data, publication plans, authorship, etc. Another option would be to offer to collaborate with the researchers.

The following are some step that researchers, such as Dr. Wexford, can take to deal with ethical dilemmas in research:

What is the problem or issue?

It is always important to get a clear statement of the problem. In this case, the issue is whether to share information with the other research team.

What is the relevant information?

Many bad decisions are made as a result of poor information. To know what to do, Dr. Wexford needs to have more information concerning such matters as university or funding agency or journal policies that may apply to this situation, the team's intellectual property interests, the possibility of negotiating some kind of agreement with the other team, whether the other team also has some information it is willing to share, the impact of the potential publications, etc.

What are the different options?

People may fail to see different options due to a limited imagination, bias, ignorance, or fear. In this case, there may be other choices besides 'share' or 'don't share,' such as 'negotiate an agreement' or 'offer to collaborate with the researchers.'

How do ethical codes or policies as well as legal rules apply to these different options?

The university or funding agency may have policies on data management that apply to this case. Broader ethical rules, such as openness and respect for credit and intellectual property, may also apply to this case. Laws relating to intellectual property may be relevant.

Are there any people who can offer ethical advice?

It may be useful to seek advice from a colleague, a senior researcher, your department chair, an ethics or compliance officer, or anyone else you can trust. In the case, Dr. Wexford might want to talk to her supervisor and research team before making a decision.

After considering these questions, a person facing an ethical dilemma may decide to ask more questions, gather more information, explore different options, or consider other ethical rules. However, at some point he or she will have to make a decision and then take action. Ideally, a person who makes a decision in an ethical dilemma should be able to justify his or her decision to himself or herself, as well as colleagues, administrators, and other people who might be affected by the decision. He or she should be able to articulate reasons for his or her conduct and should consider the following questions in order to explain how he or she arrived at his or her decision:

Which choice will probably have the best overall consequences for science and society?
Which choice could stand up to further publicity and scrutiny?
Which choice could you not live with?
Think of the wisest person you know. What would he or she do in this situation?
Which choice would be the most just, fair, or responsible?

After considering all of these questions, one still might find it difficult to decide what to do. If this is the case, then it may be appropriate to consider others ways of making the decision, such as going with a gut feeling or intuition, seeking guidance through prayer or meditation, or even flipping a coin. Endorsing these methods in this context need not imply that ethical decisions are irrational, however. The main point is that human reasoning plays a pivotal role in ethical decision-making but there are limits to its ability to solve all ethical dilemmas in a finite amount of time.

Promoting Ethical Conduct in Science

Do U.S. research institutions meet or exceed federal mandates for instruction in responsible conduct of research? A national survey

Read about U.S. research instutuins follow federal manadates for ethics in research

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Most academic institutions in the US require undergraduate, graduate, or postgraduate students to have some education in the responsible conduct of research (RCR) . The NIH and NSF have both mandated training in research ethics for students and trainees. Many academic institutions outside of the US have also developed educational curricula in research ethics

Those of you who are taking or have taken courses in research ethics may be wondering why you are required to have education in research ethics. You may believe that you are highly ethical and know the difference between right and wrong. You would never fabricate or falsify data or plagiarize. Indeed, you also may believe that most of your colleagues are highly ethical and that there is no ethics problem in research..

If you feel this way, relax. No one is accusing you of acting unethically. Indeed, the evidence produced so far shows that misconduct is a very rare occurrence in research, although there is considerable variation among various estimates. The rate of misconduct has been estimated to be as low as 0.01% of researchers per year (based on confirmed cases of misconduct in federally funded research) to as high as 1% of researchers per year (based on self-reports of misconduct on anonymous surveys). See Shamoo and Resnik (2015), cited above.

Clearly, it would be useful to have more data on this topic, but so far there is no evidence that science has become ethically corrupt, despite some highly publicized scandals. Even if misconduct is only a rare occurrence, it can still have a tremendous impact on science and society because it can compromise the integrity of research, erode the public’s trust in science, and waste time and resources. Will education in research ethics help reduce the rate of misconduct in science? It is too early to tell. The answer to this question depends, in part, on how one understands the causes of misconduct. There are two main theories about why researchers commit misconduct. According to the "bad apple" theory, most scientists are highly ethical. Only researchers who are morally corrupt, economically desperate, or psychologically disturbed commit misconduct. Moreover, only a fool would commit misconduct because science's peer review system and self-correcting mechanisms will eventually catch those who try to cheat the system. In any case, a course in research ethics will have little impact on "bad apples," one might argue.

According to the "stressful" or "imperfect" environment theory, misconduct occurs because various institutional pressures, incentives, and constraints encourage people to commit misconduct, such as pressures to publish or obtain grants or contracts, career ambitions, the pursuit of profit or fame, poor supervision of students and trainees, and poor oversight of researchers (see Shamoo and Resnik 2015). Moreover, defenders of the stressful environment theory point out that science's peer review system is far from perfect and that it is relatively easy to cheat the system. Erroneous or fraudulent research often enters the public record without being detected for years. Misconduct probably results from environmental and individual causes, i.e. when people who are morally weak, ignorant, or insensitive are placed in stressful or imperfect environments. In any case, a course in research ethics can be useful in helping to prevent deviations from norms even if it does not prevent misconduct. Education in research ethics is can help people get a better understanding of ethical standards, policies, and issues and improve ethical judgment and decision making. Many of the deviations that occur in research may occur because researchers simply do not know or have never thought seriously about some of the ethical norms of research. For example, some unethical authorship practices probably reflect traditions and practices that have not been questioned seriously until recently. If the director of a lab is named as an author on every paper that comes from his lab, even if he does not make a significant contribution, what could be wrong with that? That's just the way it's done, one might argue. Another example where there may be some ignorance or mistaken traditions is conflicts of interest in research. A researcher may think that a "normal" or "traditional" financial relationship, such as accepting stock or a consulting fee from a drug company that sponsors her research, raises no serious ethical issues. Or perhaps a university administrator sees no ethical problem in taking a large gift with strings attached from a pharmaceutical company. Maybe a physician thinks that it is perfectly appropriate to receive a $300 finder’s fee for referring patients into a clinical trial.

If "deviations" from ethical conduct occur in research as a result of ignorance or a failure to reflect critically on problematic traditions, then a course in research ethics may help reduce the rate of serious deviations by improving the researcher's understanding of ethics and by sensitizing him or her to the issues.

Finally, education in research ethics should be able to help researchers grapple with the ethical dilemmas they are likely to encounter by introducing them to important concepts, tools, principles, and methods that can be useful in resolving these dilemmas. Scientists must deal with a number of different controversial topics, such as human embryonic stem cell research, cloning, genetic engineering, and research involving animal or human subjects, which require ethical reflection and deliberation.

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Published: 06 August 2024

AI and ethics: Investigating the first policy responses of higher education institutions to the challenge of generative AI

Attila Dabis ORCID: orcid.org/0000-0003-4924-7664 1 &
Csaba Csáki ORCID: orcid.org/0000-0002-8245-1002 1

Humanities and Social Sciences Communications volume 11 , Article number: 1006 ( 2024 ) Cite this article

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Science, technology and society

This article addresses the ethical challenges posed by generative artificial intelligence (AI) tools in higher education and explores the first responses of universities to these challenges globally. Drawing on five key international documents from the UN, EU, and OECD, the study used content analysis to identify key ethical dimensions related to the use of generative AI in academia, such as accountability, human oversight, transparency, or inclusiveness. Empirical evidence was compiled from 30 leading universities ranked among the top 500 in the Shanghai Ranking list from May to July 2023, covering those institutions that already had publicly available responses to these dimensions in the form of policy documents or guidelines. The paper identifies the central ethical imperative that student assignments must reflect individual knowledge acquired during their education, with human individuals retaining moral and legal responsibility for AI-related wrongdoings. This top-down requirement aligns with a bottom-up approach, allowing instructors flexibility in determining how they utilize generative AI especially large language models in their own courses. Regarding human oversight, the typical response identified by the study involves a blend of preventive measures (e.g., course assessment modifications) and soft, dialogue-based sanctioning procedures. The challenge of transparency induced the good practice of clear communication of AI use in course syllabi in the first university responses examined by this study.

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Introduction.

The competition in generative artificial intelligence (AI) ignited by the arrival of ChatGPT, the conversational platform based on a large language model (LLM) in late November 2022 (OpenAI, 2022 ) had a shocking effect even on those who are not involved in the industry (Rudolph et al. 2023 ). Within four months, on 22 March 2023, an open letter was signed by several hundred IT professionals, corporate stakeholders, and academics calling on all AI labs to immediately pause the training of AI systems more powerful than GPT-4 (i.e., those that may trick a human being into believing it is conversing with a peer rather than a machine) for at least six months (Future of Life Institute, 2023 ).

Despite these concerns, competition in generative AI and LLMs does not seem to lose momentum, forcing various social systems to overcome the existential distress they might feel about the changes and the uncertainty of what the future may bring (Roose, 2023 ). Organisations and individuals from different sectors of the economy and various industries are looking for adaptive strategies to accommodate the emerging new normal. This includes lawmakers, international organisations, employers, and employees, as well as academic and higher education institutions (Ray, 2023 ; Wach et al. 2023 ). This fierce competition generates gaps in real-time in everyday and academic life, the latter of which is also trying to make sense of the rapid technological advancement and its effects on university-level education (Perkins, 2023 ). Naturally, these gaps can only be filled, and relevant questions answered much slower by academia, making AI-related research topics timely.

This article aims to reduce the magnitude of these gaps and is intended to help leaders, administrators, teachers, and students better understand the ramifications of AI tools on higher education institutions. It will do so by providing a non-exhaustive snapshot of how various universities around the world responded to generative AI-induced ethical challenges in their everyday academic lives within six-eights months after the arrival of ChatGPT. Thus, the research had asked what expectations and guidelines the first policies introduced into existing academic structures to ensure the informed, transparent, responsible and ethical use of the new tools of generative AI (henceforth GAI) by students and teachers. Through reviewing and evaluating first responses and related difficulties the paper helps institutional decision-makers to create better policies to address AI issues specific to academia. The research reported here thus addressed actual answers to the question of what happened at the institutional (policy) level as opposed to what should happen with the use of AI in classrooms. Based on such a descriptive overview, one may contemplate normative recommendations and their realistic implementability.

Given the global nature of the study’s subject matter, the paper presents examples from various continents. Even though it was not yet a widespread practice to adopt separate, AI-related guidelines, the research focused on universities that had already done so quite early. Furthermore, as best practices most often accrue from the highest-ranking universities, the analysis only considered higher education institutions that were represented among the top 500 universities in the Shanghai Ranking list (containing 3041 Universities at the time), a commonly used source to rank academic excellence. Footnote 1 The main sources of this content analysis are internal documents (such as Codes of Ethics, Academic Regulations, Codes of Practice and Procedure, Guidelines for Students and Teachers or similar policy documents) from those institutions whose response to the GAI challenge was publicly accessible.

The investigation is organised around AI-related ethical dilemmas as concluded from relevant international documents, such as the instruments published by the UN, the EU, and the OECD (often considered soft law material). Through these sources, the study inductively identifies the primary aspects that these AI guidelines mention and can be connected to higher education. Thus it only contains concise references to the main ethical implications of the manifold pedagogical practices in which AI tools can be utilised in the classroom. The paper starts with a review of the challenges posed by AI technology to higher education with special focus on ethical dilemmas. Section 3 covers the research objective and the methodology followed. Section 4 presents the analysis of the selected international documents and establishes a list of key ethical principles relevant in HE contexts and in parallel presents the analysis of the examples distilled from the institutional policy documents and guidelines along that dimension. The paper closes with drawing key conclusions as well as listing limitations and ideas for future research.

Generative AI and higher education: Developments in the literature

General ai-related challenges in the classroom from a historical perspective.

Jacque Ellul fatalistically wrote already in 1954 that the “infusion of some more or less vague sentiment of human welfare” cannot fundamentally alter technology’s “rigorous autonomy”, bringing him to the conclusion that “technology never observes the distinction between moral and immoral use” (Ellul, 1964 , p. 97). Footnote 2 Jumping ahead nearly six decades, the above quote comes to the fore, among others, when evaluating the moral and ethical aspects of the services offered by specific software programs, like ChatGPT. While they might be trained to give ethical answers, these moral barriers can be circumvented by prompt injection (Blalock, 2022 ), or manipulated with tricks (Alberti, 2022 ), so generative AI platforms can hardly be held accountable for the inaccuracy of their responses Footnote 3 or how the physical user who inserted a prompt will make use of the output. Indeed, the AI chatbot is now considered to be a potentially disruptive technology in higher education practices (Farazouli et al. 2024 ).

Educators and educational institution leaders have from the beginning sought solutions on how “to use a variety of the strategies and technologies of the day to help their institutions adapt to dramatically changing social needs” (Miller, 2023 , p. 3). Education in the past had always had high hopes for applying the latest technological advances (Reiser, 2001 ; Howard and Mozejko, 2015 ), including the promise of providing personalised learning or using the latest tools to create and manage courses (Crompton and Burke, 2023 ).

The most basic (and original) educational settings include three components: the blackboard with chalk, the instructor, and textbooks as elementary “educational technologies” at any level (Reiser, 2001 ). Beyond these, one may talk about “educational media” which, once digital technology had entered the picture, have progressed from Computer Based Learning to Learning Management Systems to the use of the Internet, and lately to online shared learning environments with various stages in between including intelligent tutoring system, Dialogue-based Tutoring System, and Exploratory Learning Environment and Artificial Intelligence (Paek and Kim, 2021 ). And now the latest craze is about the generative form of AI often called conversational chatbot (Rudolph et al. 2023 ).

The above-mentioned promises appear to be no different in the case of using generative AI tools in education (Baskara, 2023a ; Mhlanga, 2023 ; Yan et al. 2023 ). The general claim is that GAI chatbots have transformative potential in HE (Mollick and Mollick, 2022 ; Ilieva et al. 2023 ). It is further alleged, that feedback mechanisms supposedly provided by GAI can be used to provide personalised guidance to students (Baskara, 2023b ). Some argue, that “AI education should be expanded and improved, especially by presenting realistic use cases and the real limitations of the technology, so that students are able to use AI confidently and responsibly in their professional future” (Almaraz-López et al. 2023 , p. 1). It is still debated whether the hype is justified, yet the question still remains, how to address the issues arising in the wake of the educational application of GAI tools (Ivanov, 2023 ; Memarian and Doleck, 2023 ).

Generative AI tools, such as their most-known representative, ChatGPT impact several areas of learning and teaching. From the point of view of students, chatbots may help with so-called Self-Regulated or Self-Determined Learning (Nicol and Macfarlane‐Dick, 2006 ; Baskara, 2023b ), where students either dialogue with chatbots or AI help with reviewing student work, even correcting it and giving feedback (Uchiyama et al. 2023 ). There are innovative ideas on how to use AI to support peer feedback (Bauer et al. 2023 ). Some consider that GAI can provide adaptive and personalised environments (Qadir, 2023 ) and may offer personalised tutoring (see, for example, Limo et al. ( 2023 ) on ChatGPT as a virtual tutor for personalized learning experiences). Furthermore, Yan et al. ( 2023 ) lists nine different categories of educational tasks that prior studies have attempted to automate using LLMs: Profiling and labelling (various educational or related content), Detection, Assessment and grading, Teaching support (in various educational and communication activities), Prediction, Knowledge representation, Feedback, Content generation (outline, questions, cases, etc.), Recommendation.

From the lecturers’ point of view, one of the most argued impacts is that assessment practices need to be revisited (Chaudhry et al. 2023 ; Gamage et al. 2023 ; Lim et al. 2023 ). For example, ChatGPT-written responses to exam questions may not be distinguished from student-written answers (Rudolph et al. 2023 ; Farazouli et al. 2024 ). Furthermore, essay-type works are facing special challenges (Sweeney, 2023 ). On the other hand, AI may be utilised to automate a range of educational tasks, such as test question generation, including open-ended questions, test correction, or even essay grading, feedback provision, analysing student feedback surveys, and so on (Mollick and Mollick, 2022 ; Rasul et al. 2023 ; Gimpel et al. 2023 ).

There is no convincing evidence, however, that either lecturers or dedicated tools are able to distinguish AI-written and student-written text with high enough accuracy that can be used to prove unethical behaviour in all cases (Akram, 2023 ). This led to concerns regarding the practicality and ethicality of such innovations (Yan et al. 2023 ). Indeed, the appearance of ChatGPT in higher education has reignited the (inconclusive) debate on the potential and risks associated with AI technologies (Ray, 2023 ; Rudolph et al. 2023 ).

When new technologies appear in or are considered for higher education, debates about their claimed advantages and potential drawbacks heat up as they are expected to disrupt traditional practices and require teachers to adapt to their potential benefits and drawbacks (as collected by Farrokhnia et al. 2023 ). One key area of such debates is the ethical issues raised by the growing accessibility of generative AI and discursive chatbots.

Key ethical challenges posed by AI in higher education

Yan et al. ( 2023 ), while investigating the practicality of AI in education in general, also consider ethicality in the context of educational technology and point out that related debates over the last decade (pre-ChatGPT, so to say), mostly focused on algorithmic ethics, i.e. concerns related to data mining and using AI in learning analytics. At the same time, the use of AI by teachers or, especially, by students has received less attention (or only under the scope or traditional human ethics). However, with the arrival of generative AI chatbots (such as ChatGPT), the number of publications about their use in higher education grew rapidly (Rasul et al. 2023 ; Yan et al. 2023 ).

The study by Chan ( 2023 ) offers a (general) policy framework for higher education institutions, although it focuses on one location and is based on the perceptions of students and teachers. While there are studies that collect factors to be considered for the ethical use of AI in HE, they appear to be restricted to ChatGPT (see, for example, Mhlanga ( 2023 )). Mhlanga ( 2023 ) presents six factors: respect for privacy, fairness, and non-discrimination, transparency in the use of ChatGPT, responsible use of AI (including clarifying its limitations), ChatGPT is not a substitute for human teachers, and accuracy of information. The framework by Chan ( 2023 ) is aimed at creating policies to teach students about GAI and considers three dimensions: pedagogical, governance, and operational. Within those dimensions, ten key areas identified covering ethical concerns such as academic integrity versus academic misconduct and related ethical dilemmas (e.g. cheating or plagiarism), data privacy, transparency, accountability and security, equity in access to AI technologies, critical AI literacy, over-reliance on AI technologies (not directly ethical), responsible use of AI (in general), competencies impeded by AI (such as leadership and teamwork). Baskara ( 2023b ), while also looking at ChatGPT only, considers the following likely danger areas: privacy, algorithmic bias issues, data security, and the potential negative impact of ChatGPT on learners’ autonomy and agency, The paper also questions the possible negative impact of GAI on social interaction and collaboration among learners. Although Yan et al. ( 2023 ) considers education in general (not HE in particular) during its review of 118 papers published since 2017 on the topic of AI ethics in education, its list of areas to look at is still relevant: transparency (of the models used), privacy (related to data collection and use by AI tools), equality (such as availability of AI tools in different languages), and beneficence (e.g. avoiding bias and avoiding biased and toxic knowledge from training data). While systematically reviewing recent publications about AI’s “morality footprint” in higher education, Memarian and Doleck ( 2023 ) consider the Fairness, Accountability, Transparency, and Ethics (FATE) approach as their framework of analyses. They note that “Ethics” appears to be the most used term as it serves as a general descriptor, while the other terms are typically only used in their descriptive sense, and their operationalisation is often lacking in related literature.

Regarding education-related data analytics, Khosravi et al. ( 2022 ) argue that educational technology that involves AI should consider accountability, explainability, fairness, interpretability and safety as key ethical concerns. Ferguson et al. ( 2016 ) also looked at learning analytics solutions using AI and warned of potential issues related to privacy, beneficence, and equality. M.A. Chaudhry et al. ( 2022 ) emphasise that enhancing the comprehension of stakeholders of a new educational AI system is the most important task, which requires making all information and decision processes available to those affected, therefore the key concern is related to transparency according to their arguments.

As such debates continue, it is difficult to identify an established definition of ethical AI in HE. It is clear, however, that the focus should not be on detecting academic misconduct (Rudolph et al. 2023 ). Instead, practical recommendations are required. This is especially true as even the latest studies focus mostly on issues related to assessment practices (Chan, 2023 ; Farazouli et al. 2024 ) and often limit their scope to ChatGPT (Cotton et al. 2024 ) (this specific tool still dominates discourses of LLMs despite the availability of many other solutions since its arrival). At the same time, the list of issues addressed appears to be arbitrary, and most publications do not look at actual practices on a global scale. Indeed, reviews of actual current practices of higher education institutions are rare, and this aspect is not yet the focus of recent HE AI ethics research reports.

As follows from the growing literature and the debate shaping up about the implications of using GAI tools in HE, there was a clear need for a systematic review of how first responses in actual academic policies and guidelines in practice have represented and addressed known ethical principles.

Research objective and methodology

In order to contribute to the debate on the impact of GAI on HE, this study aimed to review how leading institutions had reacted to the arrival of generative AI (such as ChatGPT) and what policies or institutional guidelines they have put in place shortly after. The research intended to understand whether key ethical principles were reflected in the first policy responses of HE institutions and, if yes, how they were handled.

As potential principles can diverge and could be numerous, as well as early guidelines may cover wide areas, the investigation is intended to be based on a few broad categories instead of trying to manage a large set of ideals and goals. To achieve this objective, the research was executed in three steps:

It was started with identifying and collecting general ethical ideals, which were then translated and structured for the context of higher education. A thorough content analysis was performed with the intention to put emphasis on positive values instead of simply focusing on issues or risks and their mitigation.

Given those positive ideals, this research collected actual examples of university policies and guidelines already available: this step was executed from May to July 2023 to find early responses addressing such norms and principles developed by leading HE institutions.

The documents identified were then analysed to understand how such norms and principles had been addressed by leading HE institutions.

As a result, this research managed to highlight and contrast differing practical views, and the findings raise awareness about the difficulties of creating relevant institutional policies. The research considered the ethics of using GAI and not expectations towards their development. The next two sections provide details of the two steps.

Establishing ethical principles for higher education

While the review of relevant ethical and HE literature (as presented above) was not fully conclusive, it highlighted the importance and need for some ideals specific to HE. Therefore, as a first step, this study sought to find highly respected sources of such ethical dimensions by executing a directed content analysis of relevant international regulatory and policy recommendations.

In order to establish what key values and ideas drive the formation of future AI regulations in general, Corrêa et al. ( 2023 ) investigated 200 publications discussing governance policies and ethical guidelines for using AI as proposed by various organisations (including national governments and institutions, civil society and academic organisations, private companies, as well as international bodies). The authors were also interested in whether there are common patterns or missing ideals and norms in this extensive set of proposals and recommendations. As the research was looking for key principles and normative attributes that could form a common ground for the comparison of HE policies, this vast set of documents was used to identify internationally recognised bodies that have potential real influence in this arena and decided to consider the guidelines and recommendations they have put forward for the ethical governance of AI. Therefore, for the purpose of this study, the following sources were selected (some organisations, such as the EU were represented by several bodies):

European Commission ( 2021 ): Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act) and Amending Certain Union Legislative Acts (2021/0106 (COD)) . Footnote 4

European Parliament Committee on Culture and Education ( 2021 ): Report on artificial intelligence in education, culture and the audiovisual sector (2020/2017(INI)) . Footnote 5

High-Level Expert Group on Artificial Intelligence (EUHLEX) ( 2019 ): Ethics Guidelines for Trustworthy AI . Footnote 6

UNESCO ( 2022 ): Recommendation on the Ethics of Artificial Intelligence (SHS/BIO/PI/2021/1) . Footnote 7

OECD ( 2019 ): Recommendation of the Council on Artificial Intelligence (OECD/LEGAL/0449) . Footnote 8

The ethical dilemmas established by these international documents (most of which is considered soft law material) were then used to inductively identify the primary aspects around which the investigation of educational AI principles may be organised.

Among the above documents, the EUHLEX material is the salient one as it contains a Glossary that defines and explains, among others, the two primary concepts that will be used in this paper: “artificial intelligence” and “ethics”. As this paper is, to a large extent, based on the deducted categorisation embedded in these international documents, it will follow suit in using the above terms as EUHLEX did, supporting it with the definitions contained in the other four referenced international documents. Consequently, artificial intelligence (AI) systems are referred to in this paper as software and hardware systems designed by humans that “act in the physical or digital dimension by perceiving their environment through data acquisition, interpreting the collected structured or unstructured data, reasoning on the knowledge, or processing the information, derived from this data and deciding the best action(s) to take to achieve the given goal” (EUHLEX, 2019 ). With regards to ethics, the EUHLEX group defines this term, in general as an academic discipline which is a subfield of philosophy, dealing with questions like “What is a good action?”, “What is the value of a human life?”, “What is justice?”, or “What is the good life?”. It also mentions that academia distinguishes four major fields: (i) Meta-ethics, (ii) normative ethics, (iii) descriptive ethics, and (iv) applied ethics ” (EUHLEX, 2019 , p. 37). Within these, AI ethics belongs to the latter group of applied ethics that focuses on the practical issues raised by the design, development, implementation, and use of AI systems. By extension, the application of AI systems in higher education also falls under the domain of applied ethics.

The selection of sample universities

The collection of cases started with the AI guidelines compiled by the authors as members of the AI Committee at their university from May to July 2023. The AI Committee consisted of 12 members and investigated over 150 cases to gauge international best practices of GAI use in higher education when formulating a policy recommendation for their own university leadership. Given the global nature of the subject matter, examples from various continents were collected. From this initial pool authors narrowed the scope to the Top 500 higher education institutions of the Shanghai Ranking list for this study, as best practices most often accrue from the highest-ranking universities. Finally, only those institutions were included which, at the time of data collection, have indeed had publicly available policy documents or guidelines with clearly identifiable ethical considerations (such as relevant internal documents, Codes of Ethics, Academic Regulations, Codes of Practice and Procedure, or Guidelines for Students and Teachers). By the end of this selection process, 30 samples proved to be substantiated enough to be included in this study (presented in Table 1 ).

All documents were contextually analysed and annotated by both authors individually looking for references or mentions of ideas, actions or recommendations related to the ethical principles identified during the first step of the research. These comments were then compared and commonalities analysed regarding the nature and goal of the ethical recommendation.

Principles and practices of responsible use of AI in higher education

Ai-related ethical codes forming the base of this investigation.

A common feature of the selected AI ethics documents issued by international organisations is that they enumerate a set of ethical principles based on fundamental human values. The referenced international documents have different geographical- and policy scopes, yet they overlap in their categorisation of the ethical dimensions relevant to this research, even though they might use discrepant language to describe the same phenomenon (a factor we took into account when establishing key categories). For example, what EUHLEX dubs as “Human agency and oversight” is addressed by UNESCO under the section called “Human oversight and determination”, yet they essentially cover the same issues and recommended requirements. Among the many principles enshrined in these documents, the research focuses on those that can be directly linked to the everyday education practices of universities in relation to AI tools, omitting those that, within this context, are less situation-dependent and should normally form the overarching basis of the functioning of universities at all times, such as: respecting human rights and fundamental freedoms, refraining from all forms of discrimination, the right to privacy and data protection, or being aware of environmental concerns and responsibilities regarding sustainable development. As pointed out by Nikolinakos ( 2023 ), such principles and values provide essential guidance not only for development but also during the deployment and use of AI systems. Synthesising the common ethical codes in these instruments has led to the following cluster of ethical principles that are directly linked to AI-related higher education practices:

Accountability and responsibility;

Human agency and oversight;

Transparency and explainability

Inclusiveness and diversity.

The following subsections will give a comprehensive definition of these ethical areas and relate them to higher education expectations. Each subsection will first explain the corresponding ethical cluster, then present the specific university examples, concluding with a summary of the identified best practice under that particular cluster.

Accountability and responsibility

Definition in ethical codes and relevance.

The most fundamental requirements, appearing in almost all relevant documents, bring forward the necessity that mechanisms should be implemented to ensure responsibility and accountability for AI systems and their outcomes. These cover expectations both before and after their deployment, including development and use. They entail the basic requirements of auditability (i.e. the enablement of the assessment of algorithms), clear roles in the management of data and design processes (as a means for contributing to the trustworthiness of AI technology), the minimalisation and reporting of negative impacts (focusing on the possibility of identifying, assessing, documenting and reporting on the potential negative impacts of AI systems), as well as the ability of redress (understood as the capability to utilise mechanisms that offer legal and practical remedy when unjust adverse impact occurs) (EUHLEX, 2019 , pp. 19–20).

Additionally, Points 35–36 of the UNESCO recommendations remind us that it is imperative to “attribute ethical and legal responsibility for any stage of the life cycle of AI systems, as well as in cases of remedy related to AI systems, to physical persons or to existing legal entities. AI system can never replace ultimate human responsibility and accountability” (UNESCO, 2022 , p. 22).

The fulfilment of this fundamental principle is also expected from academic authors, as per the announcements of some of the largest publishing houses in the world. Accordingly, AI is not an author or co-author, Footnote 9 and AI-assisted technologies should not be cited as authors either, Footnote 10 given that AI-generated content cannot be considered capable of initiating an original piece of research without direction from human authors. The ethical guidelines of Wiley ( 2023 ) stated that ”[AI tools] also cannot be accountable for a published work or for research design, which is a generally held requirement of authorship, nor do they have legal standing or the ability to hold or assign copyright.” Footnote 11 This research angle carries over to teaching as well since students are also expected to produce outputs that are the results of their own work. Furthermore, they also often do their own research (such as literature search and review) in support of their projects, homework, thesis, and other forms of performance evaluation.

Accountability and responsibility in university first responses

The rapidly changing nature of the subject matter poses a significant challenge for scholars to assess the state of play of human responsibility. This is well exemplified by the reversal of hearts by some Australian universities (see Rudolph et al. ( 2023 ) quoting newspaper articles) who first disallowed the use of AI by students while doing assignments, just to reverse that decision a few months later and replace it by a requirement of disclosing the use of AI in homeworks. Similarly, Indian governments have been oscillating between a non-regulatory approach to foster an “innovation-friendly environment” for their universities in the summer of 2023 (Liu, 2023 ), only to roll back on this pledge a few months later (Dhaor, 2023 ).

Beyond this regulatory entropy, a fundamental principle enshrined in university codes of ethics across the globe is that students need to meet existing rules of scientific referencing and authorship. Footnote 12 In other words, they should refrain from any form of plagiarism in all their written work (including essays, theses, term papers, or in-class presentations). Submitting any work and assessments created by someone or something else (including AI-generated content) as if it was their own usually amounts to either a violation of scientific referencing, plagiarism or is considered to be a form of cheating (or a combination of these), depending on the terminology used by the respective higher education institution.

As a course description of Johns Hopkins puts it, “academic honesty is required in all work you submit to be graded …., you must solve all homework and programming assignments without the help of outside sources (e.g., GAI tools)” (Johns Hopkins University, 2023 ).

The Tokyo Institute of Technology applies a more flexible approach, as they “trust the independence of the students and expect the best use” of AI systems from them based on good sense and ethical standards. They add, however, that submitting reports that rely almost entirely on the output of GenAI is “highly improper, and its continued use is equivalent to one’s enslavement to the technology” (Tokyo Institute of Technology, 2023 ).

In the case of York University, the Senate’s Academic Standards, Curriculum, and Pedagogy Committee clarified in February 2023 that students are not authorised to use “text-, image-, code-, or video-generating AI tools when completing their academic work unless explicitly permitted by a specific instructor in a particular course” (York University Senate, 2023 ).

In the same time frame (6 February 2023), the University of Oxford stated in a guidance material for staff members that “the unauthorised use of AI tools in exams and other assessed work is a serious disciplinary offence” not permitted for students (University of Oxford, 2023b ).

Main message and best practice: honesty and mutual trust

In essence, students are not allowed to present AI-generated content as their own, Footnote 13 and they should have full responsibility and accountability for their own papers. Footnote 14 This is in line with the most ubiquitous principle enshrined in almost all university guidelines, irrespective of AI, that students are expected to complete their tasks based on their own knowledge and skills obtained throughout their education.

Given that the main challenge here is unauthorised use and overreliance on GAI platforms, the best practice answer is for students to adhere to academic honesty and integrity, scientific referencing standards, existing anti-plagiarism rules, and complete university assignments without fully relying on GAI tools, using, first and foremost, their own skills. The only exception is when instructed otherwise by their professors. By extension, preventing overuse and unauthorised use of AI assists students in avoiding undermining their own academic capacity-building efforts.

Human agency and oversight

AI systems have the potential to manipulate and influence human behaviour in ways that are not easily detectable. AI systems must, therefore, follow human-centric design principles and leave meaningful opportunities for human choice and intervention. Such systems should not be able to unjustifiably subordinate, coerce, deceive, manipulate, condition or herd humans (EUHLEX, 2019 , p. 16).

Human oversight thus refers to the capability for human intervention in every decision cycle of the AI system and the ability of users to make informed, autonomous decisions regarding AI systems. This encompasses the ability to choose not to use an AI system in a particular situation or to halt AI-related operations via a “stop” button or a comparable procedure in case the user detects anomalies, dysfunctions and unexpected performance from AI tools (European Commission, 2021 , Art. 14).

The sheer capability of active oversight and intervention vis-á-vis GAI systems is strongly linked to ethical responsibility and legal accountability. As Liao puts it, “the sufficient condition for human beings being rightsholders is that they have a physical basis for moral agency.” (Liao, 2020 , pp. 496–497). Wagner complemented this with the essential point that entity status for non-human actors would help to shield other parties from liability, i.e., primarily manufacturers and users (Wagner, 2018 ). This, in turn, would result in risk externalisation, which serves to minimise or relativise a person’s moral accountability and legal liability associated with wrongful or unethical acts.

Users, in our case, are primarily students who, at times, might be tempted to make use of AI tools in an unethical way, hoping to fulfil their university tasks faster and more efficiently than they could without these.

Human agency and oversight in university first responses

The crucial aspect of this ethical issue is the presence of a “stop” button or a similar regulatory procedure to streamline the operation of GAI tools. Existing university guidelines in this question point clearly in the direction of soft sanctions, if any, given the fact that there is a lack of evidence that AI detection platforms are effective and reliable tools to tell apart human work from AI-generated ones. Additionally, these tools raise some significant implications for privacy and data security issues, which is why university guidelines are particularly cautious when referring to these. Accordingly, the National Taiwan University, the University of Toronto, the University of Waterloo, the University of Miami, the National Autonomous University of Mexico, and Yale, among others, do not recommend the use of AI detection platforms in university assessments. The University of Zürich further added the moral perspective in a guidance note from 13 July 2023, that “forbidding the use of undetectable tools on unsupervised assignments or demanding some sort of honour code likely ends up punishing the honest students” (University of Zürich, 2023 ). Apart from unreliability, the University of Cape Town also drew attention in its guide for staff that AI detection tools may “disproportionately flag text written by non-first language speakers as AI-generated” (University of Cape Town, 2023 , p. 8).

Macquarie University took a slightly more ambiguous stance when they informed their staff that, while it is not “proof” for anything, an AI writing detection feature was launched within Turnitin as of 5 April 2023 (Hillier, 2023 ), claiming that the software has a 97% detection rate with a 1% false positive rate in the tests that they had conducted (Turnitin, 2023 ). Apart from these, Boston University is among the few examples that recommend employing AI detection tools, but only in a restricted manner to ”evaluate the degree to which AI tools have likely been employed” and not as a source for any punitive measures against students (University of Boston, 2023 ). Remarkably, they complement the above with suggestions for a merit-based scoring system, whereby instructors shall treat work by students who declare no use of AI tools as the baseline for grading. A lower baseline is suggested for students who declare the use of AI tools (depending on how extensive the usage was), and for the bottom of this spectrum, the university suggests imposing a significant penalty for low-energy or unreflective reuse of material generated by AI tools and assigning zero points for merely reproducing the output from AI platforms.

A discrepant approach was adopted at the University of Toronto. Here, if an instructor indicates that the use of AI tools is not permitted on an assessment, and a student is later found to have used such a tool nevertheless, then the instructor should consider meeting with the student as the first step of a dialogue-based process under the Code of Behaviour on Academic Matters (the same Code, which categorises the use of ChatGPT and other such tools as “unauthorised aid” or as “any other form of cheating” in case, an instructor specified that no outside assistance was permitted on an assignment) (University of Toronto, 2019 ).

More specifically, Imperial College London’s Guidance on the Use of Generative AI tools envisages the possibility of inviting a random selection of students to a so-called “authenticity interview” on their submitted assignments (Imperial College London, 2023b ). This entails requiring students to attend an oral examination of their submitted work to ensure its authenticity, which includes questions about the subject or how they approached their assignment.

As a rare exception, the University of Helsinki represents one of the more rigorous examples. The “Guidelines for the Use of AI in Teaching at the University of Helsinki” does not lay down any specific procedures for AI-related ethical offences. On the contrary, as para. 7 stipulates the unauthorised use of GAI in any course examination “constitutes cheating and will be treated in the same way as other cases of cheating” (University of Helsinki, 2023 ). Footnote 15

Those teachers who are reluctant to make AI tools a big part of their courses should rather aim to develop course assessment methods that can plausibly prevent the use of AI tools instead of attempting to filter these afterwards. Footnote 16 For example, the Humboldt-Universität zu Berlin instructs that, if possible, oral or practical examinations or written examinations performed on-site are recommended as alternatives to “classical” written home assignments (Humboldt-Universität zu Berlin, 2023a ).

Monash University also mentions some examples in this regard (Monash University, 2023a ), such as: asking students to create oral presentations, videos, and multimedia resources; asking them to incorporate more personal reflections tied to the concepts studied; implementing programmatic assessment that focuses on assessing broader attributes of students, using multiple methods rather than focusing on assessing individual kinds of knowledge or skills using a single assessment method (e.g., writing an essay).

Similarly, the University of Toronto suggest instructors to: ask students to respond to a specific reading that is very new and thus has a limited online footprint; assign group work to be completed in class, with each member contributing; or ask students to create a first draft of an assignment by hand, which could be complemented by a call to explain or justify certain elements of their work (University of Toronto, 2023 ).

Main message and best practice: Avoiding overreaction

In summary, the best practice that can be identified under this ethical dilemma is to secure human oversight through a blend of preventive measures (e.g. a shift in assessment methods) and soft sanctions. Given that AI detectors are unreliable and can cause a series of data privacy issues, the sanctioning of unauthorised AI use should happen on a “soft basis”, as part of a dialogue with the student concerned. Additionally, universities need to be aware and pay due attention to potentially unwanted rebound effects of bona fide measures, such as the merit-based scoring system of the University of Boston. In that case, using different scoring baselines based on the self-declared use of AI could, in practice, generate incentives for not declaring any use of AI at all, thereby producing counter-effective results.

While explainability refers to providing intelligible insight into the functioning of AI tools with a special focus on the interplay between the user’s input and the received output, transparency alludes to the requirement of providing unambiguous communication in the framework of system use.

As the European Commission’s Regulation proposal ( 2021 ) puts it under subchapter 5.2.4., transparency obligations should apply for systems that „(i) interact with humans, (ii) are used to detect emotions or determine association with (social) categories based on biometric data, or (iii) generate or manipulate content (‘deep fakes’). When persons interact with an AI system or their emotions or characteristics are recognised through automated means, people must be informed of that circumstance. If an AI system is used to generate or manipulate image, audio or video content that appreciably resembles authentic content, there should be an obligation to disclose that the content is generated through automated means, subject to exceptions for legitimate purposes (law enforcement, freedom of expression). This allows persons to make informed choices or step back from a given situation.”

People (in our case, university students and teachers) should, therefore, be fully informed when a decision is influenced by or relies on AI algorithms. In such instances, individuals should be able to ask for further explanation from the decision-maker using AI (e.g., a university body). Furthermore, individuals should be afforded the choice to present their case to a dedicated representative of the organisation in question who should have the power to reviset the decision and make corrections if necessary (UNESCO, 2022 , p. 22). Therefore, in the context of courses and other related education events, teachers should be clear about their utilisation of AI during the preparation of the material. Furthermore, instructors must unambiguously clarify ethical AI use in the classroom. Clear communication is essential about whether students have permission to utilise AI tools during assignments and how to report actual use.

As both UN and EU sources point out, raising awareness about and promoting basic AI literacy should be fostered as a means to empower people and reduce the digital divides and digital access inequalities resulting from the broad adoption of AI systems (EUHLEX, 2019 , p. 23; UNESCO, 2022 , p. 34).

Transparency and explainability in university first responses

The implementation of this principle seems to revolve around the challenge of decentralisation of university work, including the respect for teachers’ autonomy.

Teachers’ autonomy entails that teachers can decide if and to what extent they will allow their students to use AI platforms as part of their respective courses. This, however, comes with the essential corollary, that they must clearly communicate their decision to both students and university management in the course syllabus. To support transparency in this respect, many universities decided to establish 3-level- or 4-level admissibility frameworks (and even those who did not establish such multi-level systems, e.g., the University of Toronto, urge instructors to explicitly indicate in the course syllabus the expected use of AI) (University of Toronto, 2023 ).

The University of Auckland is among the universities that apply a fully laissez passer laissez-faire approach in this respect, meaning that there is a lack of centralised guidance or recommendations on this subject. They rather confer all practical decision-making of GAI use on course directors, adding that it is ultimately the student’s responsibility to correctly acknowledge the use of Gen-AI software (University of Auckland, 2023 ). Similarly, the University of Helsinki gives as much manoeuvring space to their staff as to allow them to change the course of action during the semester. As para 1 of their earlier quoted Guidelines stipulates, teachers are responsible for deciding how GAI can be used on a given course and are free to fully prohibit their use if they think it impedes the achievement of the learning objectives.

Colorado State University, for example, provides its teachers with 3 types of syllabus statement options (Colorado State University, 2023 ): (a) the prohibitive statement: whereby any work created, or inspired by AI agents is considered plagiarism and will not be tolerated; (b) the use-with-permission statement: whereby generative AI can be used but only as an exception and in line with the teachers further instruction, and (c) the abdication statement: where the teacher acknowledges that the course grade will also be a reflection of the students ability to harness AI technologies as part of their preparation for their future in a workforce that will increasingly require AI-literacy.

Macquarie University applies a similar system and provides it’s professors with an Assessment Checklist in which AI use can be either “Not permitted” or “Some use permitted” (meaning that the scope of use is limited while the majority of the work should be written or made by the student.), or “Full use permitted (with attribution)”, alluding to the adaptive use of AI tools, where the generated content is edited, mixed, adapted and integrated into the student’s final submission – with attribution of the source (Macquarie University, 2023 ).

The same approach is used at Monash University where generative AI tools can be: (a) used for all assessments in a specific unit; (b) cannot be used for any assessments; (c) some AI tools may be used selectively (Monash University, 2023b ).

The University of Cape Town (UCT) applies a 3-tier system not just in terms of the overall approach to the use or banning of GAI, but also with regard to specific assessment approaches recommended to teachers. As far as the former is concerned, they differentiate between the strategies of: (a) Avoiding (reverting to in-person assessment, where the use of AI isn’t possible); (b) Outrunning (devising an assessment that AI cannot produce); and (c) Embracing (discussing the appropriate use of AI with students and its ethical use to create the circumstances for authentic assessment outputs). The assessment possibilities, in turn, are categorised into easy, medium, and hard levels. Easy tasks include, e.g., generic short written assignments. Medium level might include examples such as personalised or context-based assessments (e.g. asking students to write to a particular audience whose knowledge and values must be considered or asking questions that would require them to give a response that draws from concepts that were learnt in class, in a lab, field trip…etc). In contrast, hard assessments include projects involving real-world applications, synchronous oral assessments, or panel assessments (University of Cape Town, 2023 ).

4-tier-systems are analogues. The only difference is that they break down the “middle ground”. Accordingly, the Chinese University of Hong Kong clarifies that Approach 1 (by default) means the prohibition of all use of AI tools; Approach 2 entails using AI tools only with prior permission; Approach 3 means using AI tools only with explicit acknowledgement; and Approach 4 is reserved for courses in which the use of AI tools is freely permitted with no acknowledgement needed (Chinese University of Hong Kong, 2023 ).

Similarly, the University of Delaware provides course syllabus statement examples for teachers including: (1) Prohibiting all use of AI tools; (2) Allowing their use only with prior permission; (3) Allow their use only with explicit acknowledgement; (4) Freely allow their use (University of Delaware, 2023 ).

The Technical University of Berlin also proposes a 4-tier system but uses a very different logic based on the practical knowledge one can obtain by using GAI. Accordingly, they divide AI tools as used to: (a) acquire professional competence; (b) learn to write scientifically; (c) be able to assess AI tools and compare them with scientific methods; d) professional use of AI tools in scientific work. Their corresponding guideline even quotes Art. 5 of the German Constitution referencing the freedom of teaching ( Freiheit der Lehre ), entailing that teachers should have the ability to decide for themselves which teaching aids they allow or prohibit. Footnote 17

This detailed approach, however, is rather the exception. According to the compilation on 6 May 2023 by Solis ( 2023 ), among the 100 largest German universities, 2% applied a general prohibition on the use of ChatGPT, 23% granted partial permission, 12% generally permitted its use, while 63% of the universities had none or only vague guidelines in this respect.

Main message and best practice: raising awareness

Overall, the best practice answer to the dilemma of transparency is the internal decentralisation of university work and the application of a “bottom-up” approach that respects the autonomy of university professors. Notwithstanding the potential existence of regulatory frameworks that set out binding rules for all citizens of an HE institution, this means providing university instructors with proper manoeuvring space to decide on their own how they would like to make AI use permissible in their courses, insofar as they communicate their decision openly.

Inclusiveness and diversity

Para. 34 of the Report by the European Parliament Committee on Culture and Education ( 2021 ) highlights that inclusive education can only be reached with the proactive presence of teachers and stresses that “AI technologies cannot be used to the detriment or at the expense of in-person education, as teachers must not be replaced by any AI or AI-related technologies”. Additionally, para. 20 of the same document highlights the need to create diverse teams of developers and engineers to work alongside the main actors in the educational, cultural, and audiovisual sectors in order to prevent gender or social bias from being inadvertently included in AI algorithms, systems, and applications.

This approach also underlines the need to consider the variety of different theories through which AI has been developed as a precursor to ensuring the application of the principle of diversity (UNESCO, 2022 , pp. 33–35), and it also recognises that a nuanced answer to AI-related challenges is only possible if affected stakeholders have an equal say in regulatory and design processes. An idea closely linked to the principle of fairness and the pledge to leave no one behind who might be affected by the outcome of using AI systems (EUHLEX, 2019 , pp. 18–19).

Therefore, in the context of higher education, the principle of inclusiveness aims to ensure that an institution provides the same opportunities to access the benefits of AI technologies for all its students, irrespective of their background, while also considering the particular needs of various vulnerable groups potentially marginalised based on age, gender, culture, religion, language, or disabilities. Footnote 18 Inclusiveness also alludes to stakeholder participation in internal university dialogues on the use and impact of AI systems (including students, teachers, administration and leadership) as well as in the constant evaluation of how these systems evolve. On a broader scale, it implies communication with policymakers on how higher education should accommodate itself to this rapidly changing environment (EUHLEX, 2019 , p. 23; UNESCO, 2022 , p. 35).

Inclusiveness and diversity in university first responses

Universities appear to be aware of the potential disadvantages for students who are either unfamiliar with GAI or who choose not to use it or use it in an unethical manner. As a result, many universities thought that the best way to foster inclusive GAI use was to offer specific examples of how teachers could constructively incorporate these tools into their courses.

The University of Waterloo, for example, recommends various methods that instructors can apply on sight, with the same set of tools for all students during their courses, which in itself mitigates the effects of any discrepancies in varying student backgrounds (University of Waterloo, 2023 ): (a) Give students a prompt during class, and the resulting text and ask them to critique and improve it using track changes; (b) Create two distinct texts and have students explain the flaws of each or combine them in some way using track changes; (c) Test code and documentation accuracy with a peer; or (d) Use ChatGPT to provide a preliminary summary of an issue as a jumping-off point for further research and discussion.

The University of Pittsburgh ( 2023 ) and Monash added similar recommendations to their AI guidelines (Monash University, 2023c ).

The University of Cambridge mentions under its AI-deas initiative a series of projects aimed to develop new AI methods to understand and address sensory, neural or linguistic challenges such as hearing loss, brain injury or language barriers to support people who find communicating a daily challenge in order to improve equity and inclusion. As they put it, “with AI we can assess and diagnose common language and communication conditions at scale, and develop technologies such as intelligent hearing aids, real-time machine translation, or other language aids to support affected individuals at home, work or school.” (University of Cambridge, 2023 ).

The homepage of the Technical University of Berlin (Technische Universität Berlin) displays ample and diverse materials, including videos Footnote 19 and other documents, as a source of inspiration for teachers on how to provide an equitable share of AI knowledge for their students (Glathe et al. 2023 ). More progressively, the university’s Institute of Psychology offers a learning modul called “Inclusive Digitalisation”, available for students enrolled in various degree programmes to understand inclusion and exclusion mechanisms in digitalisation. This modul touches upon topics such as barrier-free software design, mechanisms and reasons for digitalised discrimination or biases in corporate practices (their homepage specifically alludes to the fact that input and output devices, such as VR glasses, have exclusively undergone testing with male test subjects and that the development of digital products and services is predominantly carried out by men. The practical ramifications of such a bias result in input and output devices that are less appropriate for women and children) (Technische Universität Berlin, 2023 ).

Columbia recommends the practice of “scaffolding”, which is the process of breaking down a larger assignment into subtasks (Columbia University, 2023 ). In their understanding, this method facilitates regular check-ins and enables students to receive timely feedback throughout the learning process. Simultaneously, the implementation of scaffolding helps instructors become more familiar with students and their work as the semester progresses, allowing them to take additional steps in the case of students who might need more attention due to their vulnerable backgrounds or disabilities to complete the same tasks.

The Humboldt-Universität zu Berlin, in its Recommendations, clearly links the permission of GAI use with the requirement of equal accessibility. They remind that if examiners require students to use AI for an examination, “students must be provided with access to these technologies free of charge and in compliance with data protection regulations” (Humboldt-Universität zu Berlin, 2023b ).

Concurringly, the University of Cape Town also links inclusivity to accessibility. As they put it, “there is a risk that those with poorer access to connectivity, devices, data and literacies will get unequal access to the opportunities being provided by AI”, leading to the conclusion that the planning of the admissible use of GAI on campus should be cognizant of access inequalities (University of Cape Town, 2023 ). They also draw their staff’s attention to a UNESCO guide material containing useful methods to incorporate ChatGPT into the course, including methods such as the “Socratic opponent” (AI acts as an opponent to develop an argument), the “study buddy” (AI helps the student reflect on learning material) or the “dynamic assessor” (AI provides educators with a profile of each student’s current knowledge based on their interactions with ChatGPT) (UNESCO International Institute for Higher Education in Latin America and the Caribbean, 2023 ).

Finally, the National Autonomous University of Mexico’s Recommendations suggest using GAI tools, among others, for the purposes of community development. They suggest that such community-building activities, whether online or in live groups, kill two birds with one stone. On the one hand, they assist individuals in keeping their knowledge up to date with a topic that is constantly evolving, while it offers people from various backgrounds the opportunity to become part of communities in the process where they can share their experiences and build new relations (National Autonomous University of Mexico, 2023 ).

Main message and best practice: Proactive central support and the pledge to leave no one behind

To conclude, AI-related inclusivity for students is best fostered if the university does not leave its professors solely to their own resources to come up with diverging initiatives. The best practice example for this dilemma thus lies in a proactive approach that results in the elaboration of concrete teaching materials (e.g., subscriptions to AI tools to ensure equal accessibility for all students, templates, video tutorials, open-access answers to FAQs…etc.), specific ideas, recommendations and to support specialised programmes and collaborations with an inclusion-generating edge. With centrally offered resources and tools institutions seem to be able to ensure accessability irrespective of students’ background and financial abilities.

Discussion of the First Responses

While artificial intelligence and even its generative form has been around for a while, the arrival of application-ready LLMs – most notably ChatGPT has changed the game when it comes to grammatically correct large-scale and content-specific text generation. This has invoked an immediate reaction from the higher education community as the question arose as to how it may affect various forms of student performance evaluation (such as essay and thesis writing) (Chaudhry et al. 2023 ; Yu, 2023 ; Farazouli et al. 2024 ).

Often the very first reaction (a few months after the announcement of the availability of ChatGPT) was a ban on these tools and a potential return to hand-written evaluation and oral exams. In the institutions investigated under this research, notable examples may be most Australian universities (such as Monash) or even Oxford. On the other hand, even leading institutions have immediately embraced this new tool as a great potential helper of lecturers – the top name here being Harvard. Very early responses thus ranged widely – and have changed fast over the first six-eight months “post-ChatGPT”.

Over time responses from the institutions investigated started to put out clear guidelines and even created dedicated policies or modified existing ones to ensure a framework of acceptable use. The inspiration leading these early regulatory efforts was influenced by the international ethics documents reviewed in this paper. Institutions were aware of and relied on those guidelines. The main goal of this research was to shed light on the questions of how much and in what ways they took them on board regarding first responses. Most first reactions were based on “traditional” AI ethics and understanding of AI before LLMs and the generative revolution. First responses by institutions were not based on scientific literature or arguments from journal publications. Instead, as our results demonstrated it was based on publicly available ethical norms and guidelines published by well-known international organizations and professional bodies.

Conclusions, limitations and future research

Ethical dilemmas discussed in this paper were based on the conceptualisation embedded in relevant documents of various international fora. Each ethical dimension, while multifaceted in itself, forms a complex set of challenges that are inextricably intertwined with one another. Browsing university materials, the overall impression is that Universities primarily aim to explore and harness the potential benefits of generative AI but not with an uncritical mindset. They are focusing on the opportunities while simultaneously trying to address the emerging challenges in the field.

Accordingly, the main ethical imperative is that students must complete university assignments based on the knowledge and skills they acquired during their university education unless their instructors determine otherwise. Moral and legal responsibility in this regard always rests with human individuals. AI agents possess neither the legal standing nor the physical basis for moral agency, which makes them incapable of assuming such responsibilities. This “top-down” requirement is most often complemented by the “bottom-up” approach of providing instructors with proper maneuvering space to decide how they would like to make AI use permissible in their courses.

Good practice in human oversight could thus be achieved through a combination of preventive measures and soft, dialogue-based procedures. This latter category includes the simple act of teachers providing clear, written communications in their syllabi and engaging in a dialogue with their students to provide unambiguous and transparent instructions on the use of generative AI tools within their courses. Additionally, to prevent the unauthorised use of AI tools, changing course assessment methods by default is more effective than engaging in post-assessment review due to the unreliability of AI detection tools.

Among the many ethical dilemmas that generative AI tools pose to social systems, this paper focused on those pertaining to the pedagogical aspects of higher education. Due to this limitation, related fields, such as university research, were excluded from the scope of the analysis. However, research-related activities are certainly ripe for scientific scrutiny along the lines indicated in this study. Furthermore, only a limited set of institutions could be investigated, those who were the ”first respondents” to the set of issues covered by this study. Hereby, this paper hopes to inspire further research on the impact of AI tools on higher education. Such research could cover more institutions, but it would also be interesting to revisit the same institutions again to see how their stance and approach might have changed over time considering how fast this technology evolves and how much we learn about its capabilities and shortcomings.

Data availability

Data sharing is not applicable to this article as no datasets were generated or analysed during the current study. All documents referenced in this study are publicly available on the corresponding websites provided in the Bibliography or in the footnotes. No code has been developed as part of this research.

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While the original French version was published in 1954, the first English translation is dated 1964.

As the evaluation by Bang et al. ( 2023 ) found, ChatGPT is only 63.41% accurate on average in ten different reasoning categories under logical reasoning, non-textual reasoning, and common-sense reasoning, making it an unreliable reasoner.

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The editors-in-chief of Nature and Science stated that ChatGPT does not meet the standard for authorship: „ An attribution of authorship carries with it accountability for the work, which cannot be effectively applied to LLMs…. We would not allow AI to be listed as an author on a paper we published, and use of AI-generated text without proper citation could be considered plagiarism,” (Stokel-Walker, 2023 ). See also (Nature, 2023 ).

While there was an initial mistake that credited ChatGPT as an author of an academic paper, Elsevier issued a Corrigendum on the subject in February 2023 (O’Connor, 2023 ). Elsevier then clarified in its “Use of AI and AI-assisted technologies in writing for Elsevier” announcement, issued in March 2023, that “Authors should not list AI and AI-assisted technologies as an author or co-author, nor cite AI as an author”. See https://www.elsevier.com/about/policies-and-standards/the-use-of-generative-ai-and-ai-assisted-technologies-in-writing-for-elsevier . Accessed 23 Nov 2023.

The ethical guidelines of Wiley was updated on 28 February 2023 to clarify the publishing house’s stance on AI-generated content.

See e.g.: Section 2.4 of Princeton University’s Academic Regulations (Princeton University, 2023 ); the Code of Practice and Procedure regarding Misconduct in Research of the University of Oxford (University of Oxford, 2023a ); Section 2.1.1 of the Senate Guidelines on Academic Honesty of York University, enumerating cases of cheating (York University, 2011 ); Imperial College London’s Academic Misconduct Policy and Procedures document (Imperial College London, 2023a ); the Guidelines for seminar and term papers of the University of Vienna (Universität Wien, 2016 ); Para 4. § (1) - (4) of the Anti-plagiarism Regulation of the Corvinus University of Budapest (Corvinus University of Budapest, 2018 ), to name a few.

15 Art. 2 (c)(v) of the early Terms of Use of OpenAI Products (including ChatGPT) dated 14 March 2023 clarified the restrictions of the use of their products. Accordingly, users may not represent the output from their services as human-generated when it was not ( https://openai.com/policies/mar-2023-terms/ . Accessed 14 Nov 2023). Higher education institutions tend to follow suit with this policy. For example, the List of Student Responsibilities enumerated under the “Policies and Regulations” of the Harvard Summer School from 2023 reminds students that their “academic integrity policy forbids students to represent work as their own that they did not write, code, or create” (Harvard University, 2023 ).

A similar view was communicated by Taylor & Francis in a press release issued on 17 February 2023, in which they clarified that: “Authors are accountable for the originality, validity and integrity of the content of their submissions. In choosing to use AI tools, authors are expected to do so responsibly and in accordance with our editorial policies on authorship and principles of publishing ethics” (Taylor and Francis, 2023 ).

This is one of the rare examples where the guideline was adopted by the university’s senior management, in this case, the Academic Affairs Council.

It should be noted that abundant sources recommend harnessing AI tools’ opportunities to improve education instead of attempting to ban them. Heaven, among others, advocated on the pages of the MIT Technology Review the use of advanced chatbots such as ChatGPT as these could be used as “powerful classroom aids that make lessons more interactive, teach students media literacy, generate personalised lesson plans, save teachers time on admin” (Heaven, 2023 ).

This university based its policies on the recommendations of the German Association for University Didactics (Deutsche Gesellschaft für Hochschuldidaktik). Consequently, they draw their students’ attention to the corresponding material, see: (Glathe et al. 2023 ).

For a detailed review of such groups affected by AI see the Artificial Intelligence and Democratic Values Index by the Center for AI and Digital Policy at https://www.caidp.org/reports/aidv-2023/ . Accessed 20 Nov 2023.

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Dabis, A., Csáki, C. AI and ethics: Investigating the first policy responses of higher education institutions to the challenge of generative AI. Humanit Soc Sci Commun 11 , 1006 (2024). https://doi.org/10.1057/s41599-024-03526-z

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A legal roadmap to protect the 2024 election including from 35 officials who have refused to certify results

In this report, CREW identifies 35 rogue election officials across the country who have already refused to certify election results and may be in a position to do so again. The report focuses on the eight states where county officials have unlawfully refused to certify elections since 2020: Arizona, Colorado, Georgia, Nevada, New Mexico, North Carolina, Pennsylvania and Michigan. The report also identifies the legal remedies available to state and federal authorities, as well as voters, to protect the certification of the 2024 election.

In the aftermath of the 2020 election and the January 6th insurrection, threats to the election certification process have escalated, now with an increasing focus on county-level certification. Since 2020, more than 30 county officials across the country have voted to deny or delay certifying election results in violation of law, often citing false claims of voter fraud or irregularities. Among those officials are avowed 2020 election deniers, individuals who acted as fake presidential electors for Donald Trump and a criminally convicted participant in the January 6th insurrection who was later removed from office in a lawsuit led by CREW.

These remedies include emergency court orders to compel compliance with the law, criminal charges to punish and deter misconduct and legal procedures to remove obstructionist officials from their county positions.

So far, states have shut down these dangerous efforts to sabotage the certification process—including in Arizona and New Mexico where state authorities secured emergency court orders, called writs of mandamus, compelling county officials to follow the law. But the threat of disruption looms large in this year’s election.

If county officials successfully obstruct certification, it could have a cascading effect on state and federal certification deadlines. It could also lead to mass disenfranchisement of qualified voters.

County certification is the culmination of the process by which votes are counted and reported to higher authorities. State laws make clear that certification is non-discretionary. It is not an opportunity for county officials to politically grandstand, lodge protest votes against election practices they dislike or investigate suspected voter fraud. The point of certification is not to verify the truth and accuracy of the election as a whole, but rather to confirm that county officials completed verification processes outlined in state law.

“State laws make clear that certification is non-discretionary. It is not an opportunity for county officials to politically grandstand…”

State laws provide robust mechanisms outside of the certification process—including recounts, audits, evidentiary hearings before state election boards and election contests in court—to address suspected fraud and errors. These are the legally-designated avenues for resolving the rare cases where genuine problems arise in an election, not the certification process. When county officials stray outside of their lane to perform tasks the law does not assign to them, they are disrupting the administration of state election laws and exposing themselves to potential civil and criminal liability.

For statewide races and races across multiple counties, county certification marks the end of one phase of a multi-step election process, and it must occur by a hard deadline to ensure later state and federal certification deadlines are met. If county officials try to obstruct this process, state and federal laws provide effective mechanisms to compel certification by statutory deadlines and to punish misconduct.

That election certification is a ministerial, non-discretionary function has been a settled principle of American election law since the turn of the twentieth century, when state courts across the country shut down partisan attempts by county officials to refuse to count lawful votes. But some officials emboldened by former President Trump’s 2020 election denial movement now seek to weaponize this routine government process, undermining the foundations of our election infrastructure.

Their reasons for denying or delaying certification have often been brazenly lawless. (As used in this report, “refusal to certify” means voting either to delay or deny certifying election results.) For example:

Couy Griffin, the former county official in New Mexico who a state court removed from office for engaging in the January 6th insurrection, stated: “My vote to remain a ‘no’ isn’t based on any evidence. It’s not based on any facts…It’s only based on my gut feeling and my own intuition.”
Jerry Forestieri and Timothy DeHaan, two former county officials in North Carolina who the state election board removed from office, said they were voting against certification to protest a federal court ruling from several years earlier that they claimed was “illegal” and “pervert[ed] our election practices.” DeHaan admitted “[w]e feel the election was held according to the law that we have, but that the law is not right.”
Ron Gould and Hildy Angius, two current county officials in Arizona, said their votes to delay certification were purely a “political statement” to protest election practices in a different county.

County officials in other states, such as Georgia and Pennsylvania, have offered a veneer of legal justification for refusing to certify. Others have withheld certification based on arbitrary and shifting demands for non-essential election records. No matter these officials’ motives or the sincerity of their concerns, the law gives them no “discretion” not to certify.

As the Georgia Supreme Court explained more than a century ago, “[t]he duties of [election] canvassers are purely ministerial; they perform the mathematical act of tabulating the votes of the different precincts as the [election] returns come to them.”

In recent years, conspiracy theories about elections and the certification process have contributed to an increase in violence, threats, harassment, doxxing and other forms of intimidation toward election workers. While we strongly advocate using appropriate legal mechanisms to hold accountable any county election official who defies the law, violence and intimidation have no place in our democracy, regardless of any misconduct by government officials.

State-by-state analysis

County officials who have refused to certify elections, tom crosby .

Current position: Cochise County Board of Supervisors, District 1 County Supervisor, Vice-Chairman .
Refusal to certify: General Election, Cochise County, 2022 : Crosby voted with Peggy Judd to delay certification of the election results beyond the statutory certification deadline.
Current position: Cochise County Board of Supervisors, District 3 County Supervisor.
Refusal to certify: General Election, Cochise County, 2022 : Judd voted to delay certification of the election results beyond the statutory certification deadline.
Current position: Mohave County Board of Supervisors, District 5 County Supervisor
Refusal to certify: General Election, Mohave County, 2020: Mohave County was one of the counties in which officials initially voted to delay certifying the election results, although they ultimately certified by the statutory deadline. General Election, Mohave County, 2022: Gould and two other board members initially voted against certifying the election results. Gould ultimately voted to certify the election and claimed he was doing so “under duress.”

Hildy Angius

Current position: Mohave County Board of Supervisors, District 2 County Supervisor
Refusal to certify: General Election, Mohave County, 2020: Angius seconded Gould’s motion to delay certification, but ultimately certified by the statutory deadline. General Election, Mohave County, 2022: Angius, along with Ron Gould and Travis Lingenfelter, initially voted to delay certifying the election results. Angius ultimately voted to certify the election “under duress.”

Travis Lingenfelter

Current position: Mohave County Board of Supervisors, District 1 County Supervisor
Refusal to certify: General Election, Mohave County, 2022: Along with Angius and Gould, Lingenfelter initially voted to delay certifying the election results. He ultimately voted to certify the election.

Legal remedies under Arizona law

Arizona law provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Mandamus relief (i.e., emergency court orders compelling county officials to follow the law)
State constitutional protections of the right to vote and to have one’s vote counted
Legal mechanisms authorizing courts to sanction, punish, and replace county officials who defy court orders to certify election results
Criminal penalties for willfully subverting certification

For more detail on the officials and legal remedies read the full report.

Theresa Watson

Position: Previously a member of the Boulder County Canvass Board . If re-appointed by the Boulder County Republican Party, Watson would again serve as a county canvass board member for the Boulder County Canvass Board.
Refusal to certify: Coordinated Election, Boulder County, 2023: Watson voted against certifying the results of the November 7, 2023, Coordinated Election, but was unsuccessful in preventing certification. Presidential Primary Election, Boulder County, 2024: Watson voted against certifying the results of the presidential primary , but was unsuccessful in preventing certification.

Candice Stutzriem

Position: Previously a member of the El Paso County Canvass Board . If re-appointed by the El Paso County Republican Party, Stutzriem would again serve as a county canvass board member for the El Paso County Canvass Board.
Refusal to certify: Coordinated Election, El Paso County, 2023 : Stutzriem elected not to certify the election results but was unsuccessful in preventing certification. Presidential Primary Election, El Paso County, 2024 : Stutzriem voted against certifying the election results but was unsuccessful in preventing certification.

Nancy Pallozzi

Position: Previously a member of the Jefferson County Canvass Board . If re-appointed by the Jefferson County Republican Party, Pallozzi would serve as a member for the Jefferson County Canvass Board. Pallozi serves as the Chair of Jefferson County GOP.
Refusal to certify: Coordinated Election, Jefferson County, 2023: Pallozzi voted against certifying the election results but was unsuccessful in preventing certification. Presidential Primary Election, Jefferson County, 2024: Pallozi voted against certifying the election results but was unsuccessful in preventing certification.

Legal remedies under Colorado law

Colorado law provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Legal mechanisms authorizing the Secretary of State to certify an election if a county board refuses to do so

Debbie Fisher

Current position: Cobb County Board of Elections and Registration , Assistant Secretary
Refusal to certify: General Municipal Elections, Cobb County 2023: Fischer voted against certifying the election results but was unsuccessful in preventing certification by a 4 to 1 vote.

Nancy Jester

Current position: DeKalb County Board of Registration and Elections, Board Member
Refusal to certify: DeKalb County, General Municipal Election 2023: Jester and another member of the DeKalb Board of Registration and Elections voted against certifying the election results but were unsuccessful in preventing certification by a 3 to 2 vote.

Anthony Lewis

Refusal to certify: DeKalb County, Primary Election 2022: Lewis voted against certifying the election results but was unsuccessful in preventing certification by a 4 to 1 vote. DeKalb County, General Municipal Election 2023: Lewis refused to certify the election results but was unsuccessful in preventing certification by a 3 to 2 vote.

Julie Adams

Current position: Fulton County Board of Registration and Elections, Republican Member
Refusal to certify: Presidential Preference Primary, Fulton County March 2024: Adams and Michael Heekin voted against certifying the primary results but were unsuccessful in preventing certification by a 3 to 2 vote. Primary Election, Fulton County May 2024: Adams abstained from certifying the primary.

Michael Heekin

Current position: Fulton County Board of Registration and Elections, Vice Chair
Refusal to certify: Presidential Preference Primary, Fulton County March 2024: Heekin and Julie Adams voted against certifying the primary results but were unsuccessful in preventing certification by a 3 to 2 vote.

David Hancock

Current position: Gwinnett County Board of Registration and Elections, Member
Refusal to certify: Presidential Primary Election, Gwinnett County 2024: Hancock was the sole member to vote against certifying the results of the primary but was unsuccessful in preventing certification.

Alice O’Lenick

Refusal to certify: 2020 General Election, Gwinnett County: After first voting to certify the election results with the unanimous Gwinnett County Board of Registration, O’Lenick voted against certifying the results of the recount but was unsuccessful in preventing certification by a 4 to 1 vote.

Roy McClain

Current position: Spalding County Board of Elections and Voter Registration, Secretary
Refusal to certify: Spalding County, General Municipal Election 2023: McClain voted against certifying the election results but was unsuccessful in preventing certification by a 2 to 1 vote.

Legal remedies under Georgia law

Georgia law provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Current position: Esmeralda Board of County Commissioners, County Commissioner, District 2
Refusal to certify: Esmeralda County, Primary Election, 2022: Winsor and another County Commissioner who is no longer in office, Timothy Hipp, successfully delayed certification .

Rex Steninger

Current position: Elko County Board of Commissioners, County Commissioner
Refusal to certify: Primary Election, Elko County, Recount 2022: Steninger voted against certifying the primary results but was unsuccessful in preventing certification.

Jeanne Herman

Current position: Washoe County Board of Commissioners, Vice Chair and County Commissioner, District 5
Refusal to certify: General Election, Washoe County, 2020: Herman was the sole commissioner to vote against certifying the election results but was unsuccessful in preventing certification. Primary Election, Washoe County 2022: Herman was the sole commissioner to vote against certifying the primary results but was unsuccessful in preventing certification. General Election, Washoe County, 2022: Herman was the sole commissioner to vote against certifying the election results but was unsuccessful in preventing certification. Primary Election, Washoe County, 2024: Herman and Michael Clark voted against certifying the election results but were unsuccessful in preventing certification. Primary Election Recount, Washoe County, 2024: Herman and two other commissioners vote d against certifying the recounts of the election results in one race for a commission seat and one race for a local school board seat, successfully outvoting the other two members of the commission. The board ultimately voted to certify the recounts under threat of removal and criminal prosecution. Herman was the lone holdout.

Michael Clark

Current position: Washoe County Board of County Commissioners, County Commissioner, District 2
Refusal to certify: Presidential Preference Primary, Washoe County, 2024: Clark was the sole commissioner to vote against certifying the primary results but was unsuccessful in preventing certification. Primary Election, Washoe County, 2024: Clark and Jeanne Herman voted against certifying the election results but were unsuccessful in preventing certification. Primary Election Recount, Washoe County, 2024: Clark and two other commissioners vote d against certifying the recounts of the election results in one race for a commission seat and one race for a local school board seat, successfully outvoting the other two members of the commission. Clark ultimately reversed his position and voted to certify under threat of removal and criminal prosecution.

Clara Andriola

Current position: Washoe County Board of County Commissioners, County Commissioner, District 4
Refusal to certify: Primary Election Recount, Washoe County, 2024: Andriola and two other commissioners vote d against certifying the recounts of the election results in one race for a commission seat and one race for a local school board seat, successfully outvoting the other two members of the commission. Andriola ultimately reversed her position and voted to certify under threat of removal and criminal prosecution.

Legal remedies under Nevada law

Nevada law provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Legal mechanisms authorizing courts to remove county officials who refuse to perform their official duties

Gerald Matherly

Current position: Otero Board of County Commissioners, County Commissioner, District 1, Chairman
Refusal to certify: Primary Election, Otero County, 2022: Matherly, Couy Griffin and the other commissioner, Vickie Marquardt, voted unanimously against certifying the primary election. After the secretary of state sued the board and threatened a criminal referral, Matherly and Marquardt voted to certify .

Vickie Marquardt

Current position: Otero Board of County Commissioners, County Commissioner, District 3
Refusal to certify: Primary Election, Otero County, 2022: Marquardt, Griffin and Matherly voted unanimously against certifying the primary election. After the secretary of state sued the board and threatened a criminal referral, Marquardt and Matherly voted to certify .
Current position: Sandoval Board of County Commissioners, County Commissioner, District 2
Refusal to certify: Municipal Election, Sandoval County, 2022 : Commissioner Block voted against certifying the municipal election results for the Village of Jemez Springs but was unsuccessful in preventing certification by a 3 to 1 vote. Primary Election, Sandoval County 2022 : Commissioner Block voted against certifying the primary results but was unsuccessful in preventing certification by a 4 to 1 vote. General Election, Sandoval County, 2022 : Commissioner Block voted against certifying the election results but was unsuccessful in preventing certification by a 4 to 1 vote.

Legal remedies under New Mexico law

New Mexico law provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Elizabeth McDowell

Current position: Mecklenburg County Board of Elections, Board Member, Secretary
Refusal to certify: General Election, Mecklenburg County, 2020. McDowell and Mary Potter Summa voted against certifying the election results but were unsuccessful in preventing certification by a 3 to 2 vote.

Mary Potter Summa

Current position: Mecklenburg County Board of Elections, Member
Refusal to certify: General Election, Mecklenburg County, 2020: Summa and Elizabeth McDowell voted against certifying the election results but were unsuccessful in preventing certification by a 3 to 2 vote.

Surry County, NC

After the 2022 election, two members of the Surry County Board of Elections, Jerry Forestieri and Timothy DeHaan, refused to certify the election results. They wrote in a letter that they were protesting a federal court ruling they claimed was “illegal” and “pervert[ed] our election practices.” The State Board of Elections later removed both men from their county positions because, as the state board chair explained, “[t]hose who administer elections must follow the law as it is written, not how they want it to be.”

Although the officials involved in the Surry County certification refusal are no longer in office, we include the episode in this report because it is an illustrative example of effective state enforcement action.

Legal remedies under North Carolina law

North Carolina law provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Legal mechanisms authorizing the State Board of Elections to intervene if a county board refuses to certify
Legal mechanisms authorizing the State Board of Elections to remove county officials who refuse to perform their official duties

Samuel DeMarco

Current position: Allegheny County Council, At Large Council Representative ; Allegheny County Elections Board, Member
Refusal to certify: General Election, Allegheny County, 2020: DeMarco voted against certifying the election results on November 23, 2020 but was unsuccessful in preventing certification by a 2 to 1 vote. DeMarco voted against certifying amended results on November 25 but was again unsuccessful by a 2 to 1 vote.

Christian Leinbach

Current position: Berks County Board of Commissioners, Chairman
Refusal to certify: Primary Election, Berks County, 2022 : After initially voting to certify an election result that excluded ballots that, despite being timely received, missed a handwritten date, Leinbach refused to recertify a result that complies with the law and includes all legal votes. Eventually, a court ordered compliance and the county board complied.

Michael Rivera

Current position: Berks County Board of Commission, Vice-Chair
Refusal to certify: Primary Election, Berks County, 2022 : After initially voting to certify an election result that excluded ballots that, despite being timely received, missed a handwritten date, Rivera refused to recertify a result that complies with the law and includes all legal votes. Eventually, a court ordered compliance and the county board complied.
Current position: Fayette County Commission, County Commissioner , Chairman
Refusal to certify: Primary Election, Fayette County, 2022: According to the Joint Stipulation in the litigation around the certification in Fayette County, the board certified an election result that excluded ballots which, although timely received, did not include a handwritten date. Dunn and the Fayette County board then refused to recertify a result that complied with the law and included all legal votes. Eventually, a court ordered compliance and the county board complied.

Ray D’Agostino

Current position: Lancaster County Commission, County Commissioner, Vice-Chairman
Refusal to certify: Primary Election, Lancaster County, 2022 : D’Agostino voted to convene the count and canvass of the election. According to the Joint Stipulation in the litigation around the certification in Lancaster County, the board certified an election result that excluded ballots which, although timely received, did not include a handwritten date. The Lancaster County Commission then refused to recertify a result that complied with the law and included all legal votes. Eventually, a court ordered compliance, and the county commission complied.

Joshua Parsons

Current position: Lancaster County Commission, County Commissioner , Chairman
Refusal to certify: Primary Election, Lancaster County, 2022 : Parsons initially voted to canvass the election. According to the Joint Stipulation in the litigation around the certification in Lancaster County, the board certified an election result that excluded ballots which, although timely received, did not include a handwritten date. The Lancaster County Commission then refused to recertify a result that complied with the law and included all legal votes. Eventually, a court ordered compliance and the county commission complied.

Alyssa Fusaro

Current position: Luzerne County, Board of Elections and Registration, Vice-Chair
Refusal to certify: General Election, Luzerne County, 2022: Fusaro and another member of the board voted against certification at the Board’s first meeting resulting in a 2 to 2 deadlock with one abstention that prevented certification of the election results. At a subsequent special meeting, Fusaro and another member again voted against certification of the election results but were unsuccessful in preventing certification by a vote of 3 to 2.

Daniel Schramm

Current position: Luzerne County Board of Elections and Registration, Secretary
Refusal to certify: General Election, Luzerne County, 2022. Schramm abstained from the initial vote to certify the election results, which resulted in a 2 to 2 vote and certification being denied. At a subsequent special meeting, Schramm voted with the majority to certify the election by a vote of 3 to 2. At a second vote two days later, Schramm voted yes and the election was certified.

Scott Hough

Current position: Northampton County Election Division, Vice Chair
Refusal to certify: Municipal Elections, Northampton County, 2023. Hough voted against certifying the election results, but was unsuccessful in preventing certification by a vote of 4 to 1.

Legal remedies under Pennsylvania law

Pennsylvania law provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Legal mechanisms authorizing courts to sanction and punish county officials who defy court orders to certify election results
Legal mechanisms for removing county officials who refuse to perform their official duties

Unlike the states discussed above, none of the county officials in Michigan who previously voted against certifying elections remain in office. Nonetheless, this report includes Michigan because of the history of attempted county-level certification abuse in the state, as well as the state’s successful efforts in thwarting such abuse.

Prior election certification refusals

Wayne county, mi, 2020.

The first significant certification dispute in recent times happened in Wayne County, when County Board of Canvassers Monica Palmer and William Hartmann initially refused to certify the 2020 general election results over baseless claims of voter fraud.

In response to the Wayne County incident, Michigan voters amended their constitution in 2022 to make clear that county officials have a “ministerial, clerical, nondiscretionary duty…to certify election results based solely on…statements of returns from the precincts and absent voter counting boards in the county and any corrected returns.”

Delta County, MI, 2024

In April 2024, two members of the Delta County Board of Canvassers, Bonnie Hakkola and LeeAnn Oman, refused to certify the results of a special recall election for County Administrator because they did not believe the results were statistically accurate and wanted a recount.

Legal remedies under Michigan law

Michigan law also provides an array of legal remedies that can be used to protect the certification process and punish abuse, including:

Legal mechanisms authorizing the Board of State Canvassers to certify an election if a county board refuses to do so

Federal legal remedies

Because the states administer elections, they are the first lines of defense against county-level certification subversion. But the federal government also has a vital role in enforcing relevant federal statutes and constitutional provisions protecting the right to vote. Thus, if a state is unable or unwilling to take action against rogue county officials who threaten to disenfranchise voters in violation of federal law, the U.S. Department of Justice should intervene.

Here are some of the federal criminal and civil remedies available to protect against certification abuse at the county level:

Sections 11(a) and 12(c) of the Voting Rights Act

Section 11(a) of the Voting Rights Act (VRA) (codified at 52 U.S.C. § 10307(a)) is the federal statute most clearly implicated by a county official’s willful refusal to certify election results. It provides: “No person acting under color of law shall…willfully fail or refuse to tabulate, count, and report” a “vote” of any “person…qualified to vote.”

Section 12(c) of the VRA (codified at 52 U.S.C. § 10308(c)) makes it a crime to conspire with others to violate other provisions of the VRA, including section 11(a).

18 U.S.C. § 241 (conspiracy against rights) and 18 U.S.C. § 242 (deprivation of rights under color of law)

County officials’ refusal to certify could also violate what federal prosecutors have called the two primary statutes that criminalize the actions of governmental officials who abuse their authority to deprive their fellow citizens of their constitutional rights: conspiracy against rights, 18 U.S.C. § 241, and deprivation of rights under color of law, 18 U.S.C. § 242.

Under 18 U.S.C. § 241, it is a felony to “conspire to injure, oppress, threaten, or intimidate” an individual “in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States,” including the right to vote and to have one’s vote counted.

Under 18 U.S.C. § 242, it is a misdemeanor for any person acting under color of law to “willfully” deprive a person “of any rights, or immunities secured or protected by the Constitution or laws of the United States,” including the right to vote and to have one’s vote counted.

Other federal provisions

County officials’ refusal to certify election results could also implicate various other federal constitutional and statutory provisions, including the First, Fourteenth and Fifteenth Amendments and section 101(a) of the Civil Rights Act of 1964, which bars states from denying the right to vote based on an error or omission that is not “material” to the voter’s qualifications.

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The Role of Ethics and Morality in Law: Similarities and Differences

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Health Law and Ethics

William M. Sage

I. Glenn Cohen

Allison K. Hoffman

William Matthew Sage

Harvard Law School ( email )

Allison K. Hoffman (Contact Author)

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Legal Ethics and Legal Profession Research Guide

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Introduction

Getting Started

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Reference Desk : Atrium, 2nd (Main) Floor (202) 662-9140 Request a Research Consultation

Legal and ethical issues in research

Nian-Lin Reena Han

Ban Leong Sng

INTRODUCTION

ISSUES RELATED TO THE RESEARCH PARTICIPANTS

Consent, possibility of causing harm

Special populations

Special case: Emergency research

Collecting patient information and sensitive personal information, confidentiality maintenance

Providing incentives

ISSUES RELATED TO THE RESEARCHER

Avoiding bias, inappropriate research methodology, incorrect reporting and inappropriate use of information

Fraud in research and publication

Plagiarism and its checking

Overlapping publications

Duplicate publication, redundant publication

Salami publication

Authorship and its various associations

Financial support and sponsorship

Michelle L. Boettcher and Cristóbal Salinas Jr., Law and Ethics in Academic and Student Affairs: Developing an Institutional Intelligence Approach

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