美国法律原则和同行评审过程的保密性
Debra M Parrish1, David E Bruns
1University of Pittsburgh Program Teching Survival Skills and Ethics for Scientists, PA, USA.
JAMA
|June 1, 2002
概括
期刊经常面临对保密同行评审文件的法律要求. 法律保护和战略响应可以帮助期刊保护其同行评审流程的完整性.
科学领域:
- 学术出版学术出版活动
- 科学传播的法律方面
背景情况:
- 期刊经常遇到对保密同行评审材料的法律请求或传票.
- 当期刊卷入外部诉讼或调查时,这些请求就会出现.
研究的目的:
- 概述要求同行评审文件背后的原因.
- 解释为什么期刊拒绝披露,并详细说明他们的应对策略.
- 提供措施,尽量减少违反期刊保密性的行为.
主要方法:
- 讨论支持在美国抵制披露的法律原则.
- 对证实期刊同行评审保密的相关判例的分析.
- 审查法律保护,如记者和学者的特权.
主要成果:
- 历史上,法庭一直坚持对期刊进行的同行评审过程的保密性.
- 像记者的特权,学者特权和程序规则这样的法律原则可以用来抵制披露.
- 期刊可以采取主动措施来保护其机密的同行评审程序.
结论:
- 期刊有法律依据抵制对保密同行评审文件的要求.
- 了解和应用法律特权和程序规则对于保护同行评审保密至关重要.
- 积极的措施可以有效地减少与第三方访问敏感日志流程相关的风险.
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