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Daniel J. Gifford

Robins, Kaplan, Miller & Ciresi Professor of Law

Daniel J. Gifford

N210 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-625-0809

giffo001@umn.edu

Holy Cross College, A.B.
Harvard University, LL.B.
Columbia University, J.S.D.

Daniel J. Gifford is recognized as an expert on antitrust law and administrative law. He teaches courses in the areas of administrative law, antitrust law, and unfair competition. Professor Gifford is the Robins, Kaplan, Miller & Ciresi Professor of Law. He was the 1982-83 Julius E. Davis Professor of Law.

Professor Gifford received an A.B. degree from Holy Cross College and an LL.B. degree from Harvard Law School, where he was Case Editor of the Harvard Law Review. As a Ford Fellow, he received a J.S.D. degree from Columbia University. After receiving his LL.B. degree, Professor Gifford practiced law with the New York firm of Cleary, Gottlieb, Steen & Hamilton. He was a member of the law faculties of Vanderbilt University and of the State University of New York at Buffalo before joining the University of Minnesota Law School faculty in 1978.

Professor Gifford has been a Visiting Professor at the University of Michigan Law School and at the University of Pennsylvania Law School and a Visiting Fellow at the University of Warwick, England. He also has taught law at universities in France, Belgium, and Sweden. Professor Gifford has chaired the Minnesota State Bar Association Section on Antitrust Law and has served on the Executive Committee of the Antitrust Section of the Association of American Law Schools. He is a member of the American Law Institute and of its Consultative Group on Unfair Competition as well as the American Bar Association and the Minnesota State Bar Association.

PUBLICATIONS

Books

The Atlantic Divide on Competition Policy: U.S. and EU Approaches to Evaluating Mergers and Unilateral Behavior (University of Chicago Press, forthcoming 2014) (with Robert Kudrle)

Administrative Law: Cases and Materials (LexisNexis, 2d ed., 2010)

Federal Antitrust Law: Cases and Materials (Anderson Publishing Company, 1st ed., 1998; 2d ed., 2002) (with Leo Raskind)

Administrative Law: Cases and Materials (Anderson Publishing Company, 1992) (Supp. 1996)

Cases and Materials on Federal Antitrust Law (West Publishing Company, 1983) (Supps. 1985, 1995) (with Leo Raskind)

Book Chapters

Trade and Competition Policy in the Developing World: Is There a Role for the WTO?, in Developing Countries in the WTO Legal System (Chantal Thomas & Joel P. Trachtman, eds., Oxford University Press, 2009) (with Robert Kudrle)

Competition, Efficiency, Welfare: Can Industrial Organization and Law and Economics Help to Clarify Local Obscurantism?, in Competition, Regulation and Protection: Essays from an International Conference on Industrial Organization, Law and Economics (Gregory T. Papanikos, ed., Athens Institute for Education and Research, 2004)

Alternative National Merger: Standards and the Prospects for International Cooperation, in Political Economy of International Trade Law: Essays in Honour of Robert E. Hudec 208 (Daniel L. M. Kennedy & James D. Southwick, eds., Cambridge University Press, 2002)

Antitrust of Competition Laws Viewed in a Trading Context: Harmony or Dissonance?, in Fair Trade and Harmonization: Prerequisites for Free Trade? (Jagdish N. Bhagwati & Robert E. Hudec, eds., MIT Press, 1996) (with Mitsuo Matsushita)

Discretionary Decisionmaking in Regulatory Agencies: A Conceptual Framework, in Making Regulatory Policy 233 (Keith Hawkins & John M. Thomas, eds., University of Pittsburgh Press, 1989)

Journal Articles

Antitrust Approaches to Dynamically Competitive Industries in the United States and the European Union, 7 Journal of Competition Law & Economics 695 (2011) (with Robert Kudrle)

Dominance, Innovation, and Efficiency: Modifying Antitrust and Intellectual Property Doctrines to Further Welfare, 40 Hofstra Law Review 437 (2011)

The Law and Economics of Price Discrimination in Modern Economies: Time for Reconciliation?, 43 UC Davis Law Review 1235 (2010) (with Robert Kudrle)

Farewell to the Robinson-Patman Act? The Antitrust Modernization Commission's Report and Recommendation, 53 Antitrust Bulletin 481 (2008)

Law and Technology: Interactions and Relationships, 8 Minnesota Journal of Law, Science & Technology 571 (2007)

The Emerging Outlines of a Revised Chevron Doctrine: Congressional Intent, Judicial Judgment, and Administrative Autonomy, 59 Administrative Law Review 783 (2007)

The Roberts Antitrust Court: A Transformative Beginning, 52 Antitrust Bulletin 435 (2007) (with E. Thomas Sullivan)

Trade and Tensions, 15 Minnesota Journal of International Law 297 (2006)

Rhetoric and Reality in the Merger Standards of the United States, Canada, and the European Union, 72 Antitrust Law Journal 423 (2005) (with Robert Kudrle)

Government Policy Towards Innovation in the United States, Canada, and the European Union as Manifested in Patent, Copyright, and Competition Laws, 57 SMU Law Review 1339 (2004)

How Do the Social Benefits and Costs of the Patent System Stack Up in Pharmaceuticals?, 12 Journal of Intellectual Property Law 75 (2004)

Antitrust's Troubled Relations with Intellectual Property, 87 Minnesota Law Review 1695 (2003)

Developing Models for a Coherent Treatment of Standard-Setting Issues Under the Patent, Copyright, and Antitrust Laws, 43 IDEA: The Journal of Law and Technology 331 (2003)

European Union Competition Law and Policy: How Much Latitude for Convergence with the United States?, 48 Antitrust Bulletin 727 (2003) (with Robert Kudrle)

The Antitrust/Intellectual Property Interface: An Emerging Solution to an Intractable Problem, 31 Hofstra Law Review 363 (2003)

What is Monopolization Anyway? The D.C. Circuit Grapples with Some Perplexing Issues, 46 Antitrust Bulletin 797 (2001)

Can International Antitrust Be Saved for the Post-Boeing Merger World? A Proposal to Minimize International Conflict and to Rescue Antitrust from Misuse, 45 Antitrust Bulletin 55 (2000) (with E. Thomas Sullivan)

Innovation and Creativity in the Fine Arts: The Relevance and Irrelevance of Copyright, 18 Cardozo Arts & Entertainment Law Journal 569 (2000)

Why Does a Conservative Court Rule in Favor of Liberal Government? The Cohen-Spitzer Analysis and the Constitutional Scheme, 28 Florida State University Law Review 427 (2000)

A Microsoft Dialogue, 44 Antitrust Bulletin 619 (1999) (with David McGowan)

Java and Microsoft: How Does the Antitrust Story Unfold?, 44 Villanova Law Review 67 (1999)

The Obfuscation of the Common Good, 14 Review of Industrial Organization 123 (1998)

Antitrust and Its Intellectual Milieu, 42 Antitrust Bulletin 333 (1997)

Federal Administrative Law Judges: The Relevance of Past Choices to Future Directions, 49 Administrative Law Review 1 (1997)

Labor Policy in Late Twentieth Century Capitalism: New Paradoxes for the Democratic State, 26 Hofstra Law Review 85 (1997)

A Review Essay of Richard Vigilante's Strike: The Daily News War and the Future of American Labor, 72 Notre Dame Law Review 255 (1996) (reviewing Richard Vigilante, Strike: The Daily News War and the Future of American Labor (Simon & Schuster, 1994))

Microsoft Corporation, the Justice Department, and Antitrust Theory, 25 Southwestern University Law Review 621 (1996)

The Draft International Antitrust Code Proposed at Munich: Good Intentions Gone Awry, 6 Minnesota Journal of Global Trade 1 (1996)

Antitrust and Trade Issues: Similarities, Differences, and Relationships, 44 DePaul Law Review 1049 (1995)

Federalism, Efficiency, the Commerce Clause, and the Sherman Act: Why We Should Follow a Consistent Free-Market Policy, 44 Emory Law Journal 1227 (1995)

Law as Industrial Policy: Economic Analysis of Law in a New Key, 25 University of Memphis Law Review 1315 (1995) (with Jim Chen)

Review Essay, 17 Comparative Labor Law Journal 250 (1995) (reviewing Melvyn Dubofsky, The State and Labor in Modern America (University of North Carolina Press, 1994))

The Jurisprudence of Antitrust, 48 SMU Law Review 1677 (1995)

Interpersonal Distrust in the Modified Rawlsian Society, 48 SMU Law Review 217 (1994) (reviewing John Rawls, Political Liberalism (Columbia University Press, 1993)) (review essay)

Labor Law and Its Reform, 80 Iowa Law Review 201 (1994) (reviewing William B. Gould, Agenda for Reform: The Future of Employment Relationships and the Law (MIT Press, 1993)) (review essay)

Predatory Pricing Analysis in the Supreme Court, 39 Antitrust Bulletin 431 (1994)

The Damaging Impact of the Eastman Kodak Precedent upon Product Competition: Antitrust Law in Need of Correction, 72 Washington University Law Quarterly 1507 (1994)

Adjudication in Independent Tribunals: The Role of an Alternative Agency Structure, 66 Notre Dame Law Review 965 (1991)

Rethinking the Relationship Between Antidumping and Antitrust Laws, 6 American University Journal of International Law and Policy 277 (1991)

The Interplay of Product Definition, Design and Trade Dress, 75 Minnesota Law Review 769 (1991)

Redefining the Antitrust Labor Exemption, 72 Minnesota Law Review 1379 (1988)

The Separation of Powers Doctrine and the Regulatory Agencies After Bowsher v. Synar, 55 George Washington Law Review 441 (1987)

The Antitrust State-Action Doctrine After Fisher v. Berkeley, 39 Vanderbilt Law Review 1257 (1986)

The Role of the Ninth Circuit in the Development of the Law of Attempt to Monopolize, 61 Notre Dame Law Review 1021 (1986)

Discretionary Decisionmaking in the Regulatory Agencies: A Conceptual Framework, 57 Southern California Law Review 101 (1983)

Need Like Cases Be Decided Alike? Mashaw's Bureaucratic Justice, 1983 American Bar Foundation Research Journal 985 (1983) (reviewing Jerry L. Mashaw, Bureaucratic Justice: Managing Social Security Disability Claims (Yale University Press, 1983)) (review essay)

The New Deal Regulatory Model: A History of Criticisms and Refinements, 68 Minnesota Law Review 299 (1983)

Administrative Rulemaking and Judicial Review: Some Conceptual Models, 65 Minnesota Law Review 63 (1980)

Rulemaking and Rulemaking Review: Struggling Toward a New Paradigm, 32 Administrative Law Review 577 (1980)

Primary Line Injury Under the Robinson-Patman Act: The Development of Standards and Erosion of Enforcement, 64 Minnesota Law Review 1 (1979)

The Morgan Cases: A Retrospective View, 30 Administrative Law Review 237 (1978)

The New York State Administrative Procedure Act: Some Reflections Upon Its Structure and Legislative History, 26 Buffalo Law Review 589 (1977)

The Relevance of the Complexity of Social Arrangements to the Attainment of Rawlsian Justice, 51 Tulane Law Review 510 (1977)

Declaratory Judgments Under the Model State Administrative Procedure Acts, 13 Houston Law Review 825 (1976)

Price Discrimination and Labelling, 25 Buffalo Law Review 395 (1976)

Promotional Price-Cutting and Section 2(a) of the Robinson-Patman Act, 1976 Wisconsin Law Review 1045 (1976)

Assessing Secondary-Line Injury Under the Robinson-Patman Act: The Concept of "Competitive Advantage," 44 George Washington Law Review 48 (1975)

Decisions, Decisional Referents, and Administrative Justice, 37 Law and Contemporary Problems 3 (1972), reprinted in The Invisible Justice System: Discretion and the Law (Burton Atkins & Mark Pogrebin, eds., Anderson Publishing, 1978)

Communication of Legal Standards, Policy Development, and Effective Conduct Regulation, 56 Cornell Law Review 409 (1971)

Report on Administrative Law to the Tennessee Law Revision Commission, 20 Vanderbilt Law Review 777 (1967)

Business Associations--1964 Tennessee Survey, 18 Vanderbilt Law Review 1069 (1965)

Changing a Partnership into a Corporation--Some Considerations Affecting the Time When Incorporation May Benefit the Owners of a Growing Business, 16 Vanderbilt Law Review 351 (1963)

Corporations--1962 Tennessee Survey, 16 Vanderbilt Law Review 685 (1963)

Documents and Reports

The Federal Administrative Judiciary, 1992 Administrative Conference of the United States 777 (1992) (with Paul Verkuil, Charles H. Koch, Jr., Richard J. Pierce, Jr. & Jeffrey S. Lubbers)

Remission and Mitigation of Forfeitures in the Justice Department: A Report for the Committee on Informal Action, 1 Recommendations and Reports of the Administrative Conference of the United States 697 (1968)

Book Reviews

Book Review, 19 Buffalo Law Review 697 (1970) (reviewing Burton Leiser, Custom, Law, and Morality: Conflict and Continuity in Social Behavior (Anchor Books, 1969))

Other Publications

Bob Hudec: A Friend and Colleague, 13 Minnesota Journal of Global Trade 179 (2004)

Recent Supreme Court Antitrust Decisions, 13 Antitrust Section News (Minnesota State Bar Association) 1 (1993)

Recent Developments in Antitrust Law, 11 Antitrust Section News (Minnesota State Bar Association) 1 (1991)

Minnesota Laws Directly Impinging Upon the Operation of the Private Markets, 9 Antitrust Section News (Minnesota State Bar Association) 1 (1989)

Municipal Antitrust Exposure After the Local Government Antitrust Act of 1984 and Town of Hallie v. City of Eau Claire, 4 Antitrust Section News (Minnesota State Bar Association) 1 (1985)

Comments on Monsanto Co. v. Spray-Rite Corp., 3 Antitrust Section News (Minnesota State Bar Association) 1 (1984)

Joseph Laufer: My Recollections, 28 Buffalo Law Review 444 (1979)

COURSES

Antitrust Law
Administrative Law
Intellectual Property Law
Copyright
Patents
Trademarks

Seminars

Comparative Antitrust