Osipian, Ararat (2007): Misdeeds in the US higher education: Illegality versus corruption.
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Corruption in higher education has long been neglected as an area of research in the US. The processes of decentralization, commoditization, and privatization in higher education rise questions of accountability, transparency, quality, and access. Every nation solves problems of access, quality, and equity differently. Thus, although prosecuting corruption in higher education is part of the legal process in every country, the ways in which legal actions are undertaken differ. This paper addresses the question: How is corruption in higher education understood and defined in legal cases, what particular cases receive more attention, and how these cases correlate with the major educational reforms, changes, and socio-economic context in the nation? Specifically, it analyses records of selected legal cases devoted to corruption in the US higher education. Decentralized financing of higher education anticipates cost sharing based in part on educational loans. The US higher education sector grows steadily, and so do opportunities for abuse, including in educational loans. The rapid expansion of education sector leaves some grey areas in legislation and raises issues of applicability of certain state and federal laws and provisions to different forms of misconduct, including consumer fraud, deception, bribery, embezzlement, etc. Higher Education Act, False Claims Act, and Consumer Protection Act cover corruption as related to the state and the public sector; corruption as related to client, business owner, and an agent; and corruption as related to consumer-business relations. However, the legal frame is simplistic, while the system of interrelations in the higher education industry is rather complex.
|Item Type:||MPRA Paper|
|Original Title:||Misdeeds in the US higher education: Illegality versus corruption|
|Keywords:||bribery, corruption, deception, fraud, higher education, law, loans, US|
|Subjects:||I - Health, Education, and Welfare > I2 - Education and Research Insititutions > I28 - Government Policy
K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K42 - Illegal Behavior and the Enforcement of Law
I - Health, Education, and Welfare > I2 - Education and Research Insititutions > I22 - Educational Finance
|Depositing User:||Ararat Osipian|
|Date Deposited:||26. Apr 2008 06:56|
|Last Modified:||13. Feb 2013 07:31|
Anderson, Martin. (1992). Impostors in the Temple: American Intellectuals Are Destroying Our Universities and Cheating Our Students of Their Future. New York: Simon and Schuster.
Anderson, Melissa. (1999). Uncovering the Covert: Research on Academic Misconduct. In John Braxton (Ed.). Perspectives on Scholarly Misconduct in the Sciences. Columbus, OH: Ohio State University Press.
Anderson, Melissa. (2001). The Complex Relations between the Academy and Industry: Views from the Literature. Journal of Higher Education, 72(2), pp. 226-246.
Arora, David. (1993). Conceptualising the Context and Contextualising the Concept: Corruption Reconsidered. Indian Journal of Public Administration, 39, pp. 1-19.
Bardhan, Pranab. (1997). Corruption and Development: a Review of Issues. Journal of Economic Literature, 35, pp. 1320-1346.
Eckstein, Max. (2003). Combating Academic Fraud. Towards a Culture of Integrity. Paris: IIEP.
Hallak, Jacques, & Poisson, Muriel. (2002). Ethics and Corruption in Education. Paris: IIEP.
Hallak, Jacques, & Poisson, Muriel. (2007). Corrupt Schools, Corrupt Universities: What Can Be Done? Paris: IIEP.
Heyneman, Stephen. (2004). Education and Corruption. International Journal of Educational Development, 24 (November), pp. 637-648.
Hodgkinson, Peter. (1997). The Sociology of Corruption: Some Themes and Issues’, Sociology, 31(1), pp. 17-35.
Johnston, Michael. (1996). The Search for Definitions: The Vitality of Politics and the Issue of Corruption, International Social Science Journal, 149, pp. 322.
Kaufmann, Daniel, & Vicente, Pedro. (2005). Legal Corruption, SSRN, p. 1-43. Retrieved December 29, 2007, from http://ssrn.com/abstract=829844
Kaye, Tim, Bickel, Robert, & Birtwistle, Tim. (2006). Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK. Education and The Law, 18(2-3), pp. 85-129.
Klitgaard, Robert. (1986). Elitism and Meritocracy in Developing Countries. Baltimore: John Hopkins University Press.
Krueger, Anne. (1974). The Political Economy of a Rent-Seeking Society. American Economic Review, 64(3), pp. 291-302.
McKinney’s Consolidated Laws of New York Annotated. Book 19. General Business Law. Thomson West. 2004.
McKinney’s Consolidated Laws of New York Annotated with Practice Commentaries by William C. Donnito. Book 39. §170.00 to 219.end. West Group, 1999.
Miller, Seumas, Roberts, Peter, & Spence, Edward. (2005). Corruption and Anti-Corruption: An Applied Philosophical Approach. Upper Saddle River, NJ: Prentice Hall.
Milovanovic, Michael. (2001). Endogenous Corruption in Emerging Industrial Relations, The Hungarian Academy of Sciences, 2001. Retrieved May 12, 2002, from www.policy.hu/milovanovic/corruption.html
Noah, Harold, & Eckstein, Max. (2001). Fraud and Education: the Worm in the Apple. Oxford: Rowman & Littlefield.
Nye, Joseph. (1967). Corruption and Political Development: a Cost-Benefit Analysis. American Political Science Review, 61(2), pp. 417-427.
Osborne, Denis. (1997). Corruption as Counter-Culture: Attitudes to Bribery in Local and Global Society. In Corruption: The Enemy Within, ed. B. Rider. Dordrecht: Kluwer.
Osipian, Ararat. (2007). Corruption in Higher Education: Conceptual Approaches and Measurement Techniques. Research in Comparative and International Education, 4(2), pp. 313-332.
Petrov, Georgy, & Temple, Paul. (2004). Corruption in Higher Education: Some Findings from the States of the Former Soviet Union. Higher Education Management and Policy, 16(1), pp. 82-94.
Rose-Ackerman, Susan. (1978). Corruption: A Study in Political Economy. New York: Academic Press.
Sayed, Taleh, & Bruce, David. (1998). Police Corruption: Towards a Working Definition, African Security Review 7(1), pp. 1. Retrieved May 20, 2002, from http://www.iss.co.za/ASR/7No1/SayedBruce.html
Segal, Lydia. (2004). Battling Corruption in America’s Public Schools. Boston: Northeastern University Press.
Shleifer, Andrei, & Vishny, Robert. (1993). Corruption. Quarterly Journal of Economics, 108(3), pp. 599-617.
Staff Comments of the Commission on revision of the Penal Law. Revised Penal law. McKinney’s Spec. Pamph, (1965).
Sykes, Carol. (1988). ProfScam: Professors and The Demise of Higher Education. Washington, D.C.: Regnery Gateway.
Tirole, Jean. (1992). Collusion and the Theory of Organizations. In Advances in Economic Theory, ed. J. Laffont. Sixth World Congress, Vol. 2. Cambridge: Cambridge University Press.
Treisman, Daniel. (2000). The Causes of Corruption: A Cross-National Study. Journal of Public Economics, 76, pp. 399-457.
United States Code Service: Lawyers Edition. General Index A-C, USCS.
United States Code Service: Lawyers Edition. Crimes and Criminal Procedures §§1-430. Title 18 USCS.
Washburn, Jennifer. (2005). The Corporate Corruption of American Higher Education. New York: Basic Books.
Weber, Max. (1978). Economy and Society. Berkeley, CA: University of California Press.
White, George. (1996). Corruption and the Transition from Socialism in China. In The Corruption of Politics and the Politics of Corruption, ed. M. Levi and D. Nelken. Oxford: Blackwell.
Wilson, James. (1975). The Rise of the Bureaucratic State. In Public Policy, ed. S. Theodoulou and M. Cahn. Boston: Kluwer.