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UNIVERSITY OF PENNSYLVANIA v. EEOC

No. 88-493.

493 U.S. 182 (1990)

110 S.Ct. 577

107 L.Ed.2d 571

UNIVERSITY OF PENNSYLVANIA v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Supreme Court of United States.

Decided January 9, 1990

Attorney(s) appearing for the Case

Rex E. Lee argued the cause for petitioner. With him on the briefs were Steven B. Feirson, Carter G. Phillips, Mark D. Hopson, Nancy J. Bregstein, Shelley Z. Green, and Neil J. Hamburg.

Solicitor General Starr argued the cause for respondent. With him on the briefs were Acting Solicitor General Bryson, Deputy Solicitors General Wallace and Merrill, Stephen L. Nightingale, Charles A. Shanor, Gwendolyn Young Reams, Lorraine C. Davis, and Harry F. Tepker, Jr.*

JUSTICE BLACKMUN delivered the opinion of the Court.

In this case we are asked to decide whether a university enjoys a special privilege, grounded in either the common law or the First Amendment, against disclosure of peer review materials that are relevant to charges of racial or sexual discrimination in tenure decisions.

I

The University of Pennsylvania, petitioner here, is a private institution. It currently...

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