“The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth.... Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to *1275 study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.”
“Upon a showing of relevance and reasonable scope of evidence sought by any party to a public hearing, the (ALJ) shall issue a subpoena to compel testimony or production of documents from any person. The (ALJ) shall be guided by the principles of the Rules of Civil Procedure in making any order for the protection of the witness or the contents of documents produced.... On contest, the subpoena may be enforced by an appropriate United States district court in accordance with the principles stated herein.”
“This passage from Moore's and the case cited therein refer to Rule 45, F.R.C.P. which is not specifically applicable to the issuance of the subpoenas at issue in this case. However, they are ‘in pari materia’ and are persuasive regarding the meaning of s 136d(d).”
“It may very well be Dresser's burden is greater than that of other subpoenaed companies, but ... it is Dresser's dominance in the industry which makes the subpoena served upon it critical to Kaiser's defense .... (T)he court must find that the burden imposed is not an unreasonable one....”
“Subpoenas may be issued by the (ALJ) sua sponte or upon a showing by an applicant that evidence sought for hearing is relevant and material to the issues involved in the hearing or that the sought discovery pursuant to s 164.51 meets the standards set forth therein.”
“(A)ll letters, memoranda, correspondence, reports, notes, drafts, working papers, protocols for scientific studies, laboratory notebooks, raw data, data compilations, graphs, charts or papers of any kind, whether hand-written, typed, printed, or reproduced photostatically or photographically, all film, photographs, videotapes, drawings, or other visual representations, and all magnetic, mechanical, or electronic recordings or other forms of data compilation. The term ‘documents and records' does not include articles published in recognized scientific journals of wide circulation.”
End of Document.