Summary:  The research reported in this Article represents a pioneering attempt to study public records lawsuits involving a public university system over an extended period. An analysis of all public records lawsuits involving the University of Wisconsin System over a four-decade period suggests that much of the received wisdom about public records disputes involving higher education is incorrect. Most public records litigation is not about administrative searches or issues that implicate traditional notions of academic freedom. Rather, most lawsuits in Wisconsin sought information about alleged misconduct or suspected ethical lapses by university employees. News organizations initiated the majority of the lawsuits, always prevailing. Advocacy groups were also very successful in litigation. In contrast, students or employees who sued to obtain information for purely personal reasons rarely gained access to the information they sought. The results show the usefulness of public records laws as a means of public accountability. In addition, the Article demonstrates the merits of a research strategy that focuses on data from trial-court cases that are not available via Lexis, Westlaw, or other online services.

Full Article:  Volume 44:1.2 Forty Years of Public Records Litigation Involving the University of Wisconsin: An Empirical Study