This Note advocates that courts follow the procedures that rule 45 and its progeny provide to evaluate the special concerns of academic researchers, rather than rely on the Constitution to shield the academic researcher under the mystical guise of academic freedom. Part II of this Note examines the four cases in which federal courts have decided whether to force an academic to disclose his research. Part III focuses on the guidelines that the relevant Federal Rules establish for forced disclosure. Part IV discusses the academic freedom approach to forced disclosure and the common law and constitutional arguments that favor academic freedom. Part V analyzes the Federal Rules and academic freedom approaches and concludes that courts should use the Federal Rules to determine whether to disclose subpoenaed academic research and avoid unnecessary constitutional analysis.
J. Graham Matherne,
Forced Disclosure of Academic Research,
37 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol37/iss3/4