Table of Contents
| Jinn Home Page
| Search
| Net-Links
Voices
| Heresies
| Vectors
| Pacific Pulse
| The Americas
| California
| Movements
| Civil Conflicts
| YO!

Mexico Logging Wars Spark Legal Battle Over Academic Freedom At U.S. University
By Kent Paterson
Date: 09-28-00
A lawsuit filed by two professors against the University of
Denver for yanking their published article from two online services spotlights
what they claim is a growing risk: corporate pressure on campus authorities
to restrict academic research and publishing. PNS correspondent Kent
Patterson is a freelance journalist based in Albuquerque, NM
Professor William Wines says he was stunned when
he opened the letter.
In March 1999, the Boise Cascade Corporation wrote the University of
Boise instructor to inform him that an article by Wines and two
co-authors had been retracted by its publishers, Colorado's
privately-run University of Denver (DU).
In addition to issuing a printed retraction, DU yanked the article --
which appeared two years earlier in the Spring 1998 issue of the
Denver Journal of International Law and Policy -- from two online
services, Westlaw and Lexis.
"I was just dumfounded that a major university would pull a scholarly
article without so much as the courtesy of a phone call or letter or
discussion with the author," he recalls.
Wines says he has been unable to get a satisfactory explanation from
University officials. On August 31, the veteran professor of legal
environment and business ethics and his co-authors, Mark A.
Buchannan and Donald J. Smith, sued the university for defamation
and breach of contract.
According to the lawsuit, Boise Cascade pressured the University of
Denver to retract or republish portions of the article without giving the
authors an opportunity to respond.
Wines says that the survival of critical, independent research and
academic freedom, at a time when corporate influence in academic life
is growing, is at the heart of his legal case.
"I think this particular case is groundbreaking because it shows the
possibility for a corporate template on what is acceptable research at a
university," asserts Wines. "And I think that should concern everybody
who has a love of freedom and free speech, and people like me who
have devoted their lives to universities, teaching and research."
Even a glance at the article's title -- "The Critical Need for Law Reform
to Regulate the Abusive Practices of Transnational Corporations: The
Illustrative Case of Boise Cascade Corporation in Mexico's Costa
Grande and Elsewhere" -- reveals why the firm might be unhappy.
The 62-page analysis, takes the giant timber firm to task on a host of
matters including mill closures, union-busting and logging contracting
in the conflictive southern Mexican state of Guerrero where Boise
Cascade operated a mill from 1995 to 1998.
Wine's article accuses the firm of trying to stifle unfavorable publicity
about its practices in both Mexico and the United States.
DU's published retraction in the Summer 1999 issue of the Denver
Journal characterizes the article as not being "consistent" with the
school's editorial standards, citing some references to Boise Cascade
as "clearly inappropriate." But Wines and co-author Don Smith counter
that the article was thoroughly documented and researched and that no
representative from DU has been able to specify any false or
defamatory statement in their article.
DU officials will not comment directly about the lawsuit. University
spokesman Warren Smith concedes that the university takes the
lawsuit "very seriously," but he adds that it would be "inappropriate" to
comment because of the existing litigation. Although it is not named
as a defendant in the case, calls to a Boise Cascade spokesman went
unreturned.
Since Boise Cascade pulled out of Guerrero more than two years ago,
the issue of its former logging operation has not gone away. For
months, the firm's website has prominently featured a disclaimer
denying any involvement in the predicament of imprisoned Mexican
anti-logging activist Rodolfo Montiel.
Members of Montiel's group blocked logging trucks ostensibly headed
for Boise Cascade's mill in Guerrero shortly before the company pulled
out. After a year of fleeing from government threats, Montiel was
arrested by the Mexican Army in a violent 1999 incident that left one
man dead.
Last month, Montiel was slapped with a 6 year, 8-month prison term. A
co-defendant, Teodoro Cabrera, got 10 years. His supporters claim he
is being framed on drug and weapons charges in order to quash the
anti-logging movement in Guerrero.
"We sincerely hope that no injuries or mistreatment has occurred,"
reads Boise Cascade's statement. "We share in the values of
protection of individual liberties and free expression of opinions in the
U.S., in Mexico, and everywhere."
Spearheaded by the Sierra Club, Amnesty International, and other
groups, the Free Montiel Movement has become an international
cause. Protesters have even managed to make their voices heard in
company meetings.
Besides seeking a reinstatement of the article's copyright, Wines and
his co-plaintiffs are requesting damages in excess of $75,000 for DU's
under-the-table assault on their professional reputations. However,
Wines says his major goal in the case is "to set an example so other
universities aren't tempted to do the same thing."

Pacific News Service,
660 Market Street, Room 210, San Francisco, CA 94104,
tel: (415) 438-4755.
Jinn Magazine: <http://www.pacificnews.org/jinn/>
Email:
<pacificnews@pacificnews.org>
Copyright © 1900 Pacific News Service. All Rights Reserved.
Please do not reprint our stories without our permission.
This article is available for reprint.
For rates and information, call (415) 438-4755 or e-mail
<pacificnews@pacificnews.org>
|