Thanks all. I originally thought the only issue might be copyright infringement (student as author), but I appreciate everyone's insight into practices and FERPA, about which I knew very little.

Elaine D. Ingulli
Professor of Business Law
Richard Stockton College of New Jersey

Working without a contract since July 2011


-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Bagley, Connie
Sent: Tuesday, April 17, 2012 12:18 AM
To: [log in to unmask]
Subject: Re: TURN IT IN and WAIVERS

In addition to possible FERPA issues, when I looked at the standard form contract for Yale a couple years ago  the contract gave the company rights to all  contents of papers submitted, which I read to include potentially patentable inventions and trade secrets that might otherwise belong to student or university or both. Clear overreaching by the company. Best, Connie

Sent from my iPad

On Apr 16, 2012, at 1:14 PM, "Ingulli, Elaine" <[log in to unmask]> wrote:

> We have just gotten the following email from our Provost regarding the use of Turnitin.
> Is this consistent with what you know, practice at your school?
> 
> 
> 
> 
> 
> To Members of the Faculty and Staff,
> 
> Many faculty and staff members require that students submit their papers to Turnitin for the purpose of determining whether a paper has been plagiarized.  In this regard, please know that faculty members should not be submitting papers on behalf of their students unless they have signed waivers from the students.  The correct procedure is to have your students submit their papers to Turnitin since to do otherwise (without a waiver) is a potential violation of the Family Educational Rights and Privacy Act (FERPA).
> 
> The actual language of the legal opinion developed by General Counsel Melissa Hager is as follows:
> 
> "You are advised that professors may require students to submit their works to a plagiarism service prior to turning in their work for grading.  Should a professor seek to submit a work to such service after the work has been provided to them or another school official, they are required by FERPA to obtain a written waiver from the student."
> 
> 
> Elaine Ingulli
> Professor of Business Law
> Richard Stockton College of New Jersey Working without a contract 
> since july 2011 ________________________________________
> From: Academy of Legal Studies in Business (ALSB) Talk 
> [[log in to unmask]] On Behalf Of Keith A Maxwell 
> [[log in to unmask]]
> Sent: Tuesday, April 10, 2012 2:57 PM
> To: [log in to unmask]
> Subject: Commerce Clause and the ACA
> 
> ALSBers:
> 
> This is a link to a free "Issue Brief" from the American Constitutional Society (ACS) that (1) gives a very good summary of Commerce Clause jurisprudence, and (2) describes how the Commerce Clause applies to the Affordable Care Act. It was written a little over a year ago but still useful, I think.
> 
> http://www.acslaw.org/sites/default/files/lazarus_-_health_reform_laws
> uits_0.pdf
> 
> Keith
> 
> Keith A. Maxwell, J.D.
> Professor Emeritus of Legal Studies and Ethics in Business Nat S. and 
> Marian W. Rogers Professor (Emeritus) University of Puget Sound 
> Tacoma, WA http://www2.ups.edu/faculty/maxwell/home.htm (archived)
> 
> Adjunct Professor of Business Law
> Dixie State College
> Saint George, UT
> https://www.dixie.edu/business/maxwell.php