Equal Employment Oppurtunity Commission v. University of Notre Dame Du Lac’s Empirical Analysis
715 F.2d 331 · 1983
Citation profile
27 federal appellate · 3 district · 10 state decisions
How this case has been cited
Cited by 58 later decisions (2 by the Supreme Court) — most recently December 2001 · most notably University of Pennsylvania v. Equal Employment Opportunity Commission (1990), Equal Employment Opportunity Commission v. University of Pennsylvania (1988)
27 federal appellate · 3 district · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Nixon · Branzburg v. Hayes · National Labor Relations Board v. Sears, Roebuck & Co. · Keyishian v. Board of Regents of Univ. of State of NY · Regents of the University of California v. Bakke
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A party must conduct thorough and exhaustive discovery to exploit each and every possible source of information prior to seeking those materials protected by the qualified privilege.`Exploratory' searches will not be condoned. Similarly, the mere fact that certain information may be relevant or useful does not establish a `particularized need' for disclosure of information. [Citations.] The party seeking disclosure of the privileged information must show a `compelling necessity' for the specific information requested."”
8 later decisions quote this exact passage · from the concurrence““It is clear that the peer review process is essential to the very lifeblood and heartbeat of academic excellence and plays a most vital role in the proper and efficient functioning of our nation’s colleges and universities. The process of peer evaluation has evolved as the best and most reliable method of promoting academic excellence and freedom by assuring that faculty tenure decisions will be made objectively on the basis of frank and unrestrained critiques and discussions of a candidate’s academic qualifications. [Citation.] Moreover, it is evident that confidentiality is absolutely essential to the proper functioning of the faculty tenure review process. The tenure review process requires that written and oral evaluations submitted by academicians be completely candid, critical, objective and thorough in order that the University might grant tenure only to the most qualified candidates based on merit and ability to work effectively with colleagues, students and the administration. For these reasons academicians who are selected to evaluate their peers for tenure have, since the inception of the academic tenure concept, been assured that their critiques and discussions will remain confidential. Without this assurance of confidentiality, academicians will be reluctant to offer candid and frank evaluations in the future.” (Id., at p. 336.) “[¶] There are, however, factors weighing in favor of disclosure of some of the contents of the peer review files. If an academic freed”
3 later decisions quote this exact passage · from the concurrence““the peer review process is essential to the very lifeblood and heartbeat of academic excellence and plays a most vital role in the proper and efficient functioning of our nation’s colleges and universities. The process of peer evaluation has evolved as the best and most reliable method of promoting academic excellence and freedom by assuring that faculty tenure decisions will be made objectively on the basis of frank and unrestrained critiques and discussions of a candidate’s academic qualifications.””
2 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.