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The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley

Law Faculty Articles and Essays

The purpose of this article is to explore the increasing complexity of plagiarism litigation in the United States. A determination as to when attribution is necessary in order to avoid a charge of plagiarism raises questions of intent and subject matter specific questions of general knowledge, as well as constitutional and contractual questions of fairness, tort questions of defamation, and questions of fair use under copyright law or misrepresentation under the Lanham Act. Most of the reported cases still involve students who contest discipline from their respective academic institutions--discipline that can range from a course penalty to expulsion from the …