E. Thomas Sullivan

Senior Vice President and Provost; Julius E. Davis Chair in Law

E. Thomas Sullivan

N218 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-624-3399

sulli059@umn.edu

Drake University, B.A.
Indiana University, J.D.

Provost E. Thomas Sullivan was named Senior Vice President for Academic Affairs and Provost of the University of Minnesota on July 1, 2004. Prior to this appointment, he served as the eighth Dean of the University of Minnesota Law School from 1995 to 2002. He finished his term as Dean in July 2002 and was named the Irving Younger Professor of Law, which he held until July 2005. Previously, he served for six years as the Dean of the University of Arizona College of Law, and as Associate Dean at Washington University in St. Louis.

Provost Sullivan's teaching areas include antitrust, civil procedure, regulation of business, complex litigation, and trial practice. He is a nationally recognized authority on antitrust law and complex litigation, having authored or co-authored 9 books and more than 50 articles and essays on antitrust. At the Law School, he has received the Stanley V. Kinyon Teacher of the Year Award for Excellence in Teaching.

Provost Sullivan graduated, magna cum laude, from law school at Indiana University in 1973, where he served as Articles Editor of the Indiana Law Review. He then served as a law clerk to a federal district judge in Miami, was a trial attorney in the Criminal Division of the United States Department of Justice in Washington, D.C. (Attorney General's Honors Program), and was a senior associate at Donovan Leisure, Newton, and Irvine's Washington, D.C., office. He began his teaching career in 1979 at the University of Missouri, Columbia. On two occasions he has been a visiting faculty member at Georgetown University Law Center in Washington, D.C. He also has twice been a visiting scholar at Cambridge University in England. During the fall semester of 2002, he was a visiting professor of law at the University of California, Berkeley (Boalt Hall).

Provost Sullivan has served as a consultant to the American Law Institute's Project on Complex Litigation and its Federal Code Revision Project, the U.S. Senate Judiciary Committee, the U.S. Senate Commerce Committee, as project director and editor for the ABA Antitrust Monograph Project on Nonprice Predation, and as chair of the Association of American Law Schools Section on Antitrust and Economic Regulation. He is also a Fellow of the American Bar Foundation and a member of its Board of Directors. He has been an Adjunct Research Fellow at the Center for the Study of American Business at Washington University. In August 2002, he became chair of the Council of the Section of Legal Education of the ABA, and has served as chair of the Section's Law School Development Committee. In 2000, he was appointed by the President of the ABA to the Committee on the Future of the Legal Profession. In June of 2003, he received the J. William Elwin Jr. Award from the ABA Section of Legal Education for leadership and contributions to law school development.

A review of his deanship at Minnesota is published at 88 Minnesota Law Review 1 (2003). A symposium in honor of him, entitled "Global Antitrust Law & Policy," is published in three volumes in 48 Antitrust Bulletin 299-1078 (2003).

PUBLICATIONS

Books

Antitrust Law, Policy, and Procedure: Cases, Materials, Problems (LexisNexis, 6th ed., 2009) (with Herbert Hovenkamp & Howard A. Shelanski)

Complex Litigation (LexisNexis, 2009) (with Richard Freer, C. Douglas Floyd & Brad Clary)

Proportionality Principles in American Law: Controlling Excessive Government Actions (Oxford University Press, 2009) (with Richard Frase)

Teacher's Manual for Complex Litigation (LexisNexis, 2009) (with Richard Freer, C. Douglas Floyd & Brad Clary)

Understanding Antitrust and Its Economic Implications (Lexis/Nexis, 1st ed., 1988; 2d ed., 1994; 3d ed., 1998; 4th ed., 2003; 5th ed., 2009) (translated into Japanese and published in Japan, 2005) (with Jeffrey L. Harrison)

Antitrust Law, Policy, and Procedure: Cases, Materials, Problems (Michie Co., 2d ed., 1989; 3d ed., 1994; Lexis Law Publishing, 4th ed., 1999; LexisNexis, 5th ed., 2003) (Supps. 2d ed., 1990, 1991, 1992, 1993; 3d ed., 1996, 1997, 1998; 4th ed., 2000, 2001, 2002; 5th ed., 2004, 2005, 2006, 2007, 2008) (with Herbert Hovenkamp)

Private Antitrust Actions: The Structure and Process of Civil Antitrust Litigation (Little, Brown & Company, 1996) (Supps. 1998, 2001, 2005) (with C. Douglas Floyd)

Teacher's Problem Manual for Antitrust Law, Policy, and Procedure (Michie Co., 1st ed., 1989; 3d ed., 1994; Lexis/Nexis, 4th ed., 1999; 5th ed., 2003) (with Herbert Hovenkamp)

Federal Land Use Law: Limitations, Procedures, Remedies (Thomson West, 1986-2004) (looseleaf) (co-author 1986-2002) (with Daniel Mandelker & Jules Gerard)

Nonprice Predation under Section 2 of the Sherman Act (American Bar Association, 1991)

The Political Economy of the Sherman Act: The First One Hundred Years (Oxford University Press, 1991) (editor)

Antitrust Law: Policy and Procedure: Cases and Materials (Michie Co., 1984) (Supps. 1985, 1986, 1987) (with Herbert Hovenkamp)

Missouri Appellate Practice and Extraordinary Remedies (Missouri Bar, 3d ed., 1981) (Supps. 1982, 1983, 1985, 1987) (with others)

Book Chapters

Harmonizing Global Merger Standards, in The Political Economy of International Trade Law 248 (Daniel Kennedy & James Southwick, eds., Cambridge University Press, 2002)

The Antitrust Division as a Regulatory Agency: An Enforcement Policy in Transition, in Public Policy Toward Corporate Takeovers (Murray L. Weidenbaum & Kenneth W. Chilton, eds., Transaction Books, 1988)

Journal Articles

The Doctrine of Proportionality in a Time of War, 16 Minnesota Journal of International Law 457 (2007)

The Roberts Antitrust Court: A Transformative Beginning, 52 Antitrust Bulletin 435 (2007) (with Daniel Gifford)

The Supreme Court and Private Law: The Vanishing Importance of Securities and Antitrust, 53 Emory Law Journal 1571 (2004), reprinted in 47 Corporate Practice Commentator 461 (2005) (with Robert Thompson)

Antitrust Remedies in the U.S. and EU: Advancing a Standard of Proportionality, 48 Antitrust Bulletin 377 (2003)

The Jurisprudence of Antitrust Divestiture: The Path Less Traveled, 86 Minnesota Law Review 565 (2002)

The History of Antitrust Divestiture: Empirical Lessons for Microsoft, 70 U.S. Law Week 2019 (2001)

Antitrust Regulation of Land Use: Federalism's Triumph Over Competition, The Last Fifty Years, 3 Washington University Journal of Law and Policy 473 (2000)

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 Daniel Gifford)

The Confluence of Antitrust and Intellectual Property at the New Century, 1 Minnesota Intellectual Property Journal 1 (2000)

Why the NCAA Does Not Exploit College Athletes, 8 Margin 61 (1992) (with Richard McKenzie)

Does the NCAA Exploit College Athletes? An Economics and Legal Reinterpretation, 32 Antitrust Bulletin 373 (1987), excerpted in Economics (David R. Kamerschen, Richard B. McKenzie & Clark Nardinelli, eds., Houghton Mifflin, 2d ed., 1989) (with Richard McKenzie)

The FTC's Deceptive Advertising Policy: A Legal and Economic Analysis, 64 Oregon Law Review 593 (1986), reprinted in 36 Law Review Digest 19 (1987) and 10 Advertising Law Anthology (1986) (with Brian Marks)

The Antitrust Division as a Market Regulator (Center for the Study of American Business, Washington University, 1986)

The Antitrust Division as a Regulatory Agency: An Enforcement Policy in Transition, 64 Washington University Law Quarterly 997 (1986)

The AT&T Settlement: Legal Summary, Economic Analysis, and Marketing Implications, 49 Journal of Marketing 127 (1985) (with Ben Enis)

On Nonprice Competition: An Economic and Marketing Analysis, 45 University of Pittsburgh Law Review 771 (1984)

Contribution and Claim Reduction in Antitrust Litigation: A Legislative Analysis, 20 Harvard Journal on Legislation 397 (1983) (with Donald Polden)

First Amendment Defenses in Antitrust Litigation, 46 Missouri Law Review 517 (1981), reprinted in 13 Journal of Reprints for Antitrust Law and Economics 907 (1982)

The Economic Jurisprudence of the Burger Court's Antitrust Policy: The First Thirteen Years, 58 Notre Dame Law Review 1 (1982)

New Perspectives in Antitrust Litigation: Towards a Right of Comparative Contribution, 1980 University of Illinois Law Review 389 (1980), reprinted in 1981 Corporate Counsel's Annual 553 (1981)

Pendent Jurisdiction: The Impact of Hagans and Moor, 7 Indiana Law Review 925 (1974)

The Stockholm Conference: A Step Toward Global Environmental Cooperation and Involvement, 6 Indiana Law Review 267 (1973) (note)

Student Voter Residency Requirements: An Unconstitutional Roadblock in Decay, 5 Indiana Legal Forum 385 (1972)

Book Reviews & Review Essays

Judicial Sovereignty: The Legacy of the Rehnquist Court, 20 Constitutional Commentary 171 (2003) (reviewing John T. Noonan, Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States (University of California Press, 2002))

Editorials, Commentary & Letters

The solution to "too big to fail," MinnPost.com, Nov. 4, 2009

As Its Funding Is Cut, Minnesota Suffers, Minneapolis Star-Tribune, Mar. 1, 2009, at 20 (letter)

Educational Excellence, Without Ivy, Business Week, Jan. 14, 2008 (with others)

Universities as Places and Spaces of Imagination, The Minnesota Daily, Nov. 1, 2007, at 11A

Taking the Lead on Learning, The Minnesota Daily, Mar. 29, 2007, at 9A

University's Focus on Academics, St. Cloud Times, Feb. 11, 2007 (op-ed)

The Educated Citizen and the Role of the Public University Post 9/11, numerous newspapers, Sept. 10, 2006 (op-ed)

The Middle East Crisis: The Relevance of Proportionality, Minneapolis Star-Tribune, Aug. 6, 2006 (op-ed) (with J. Brian Atwood)

Strategic Positioning, The Minnesota Daily, Oct. 19, 2005

The Value of Teaching in a Research University, Minnesota Daily, Oct. 13, 2005 (op-ed)

"Judicial Activism," from the Left or Right, Undercuts Rule of Law, Baltimore Sun, Sept. 6, 2005, at 15A (op-ed)

Access to Excellence, St. Paul Pioneer Press, Mar. 17, 2005, at B11 (op-ed)

Protecting Community, The Minnesota Daily, Nov. 10, 2004 (op-ed)

Settlement Respects the "Community of Ideas," The Minnesota Daily, Sept. 20, 2004 (op-ed)

Race Consciousness as a Public Good, 35 Syllabus 2 (Sept. 2003)

Society's Gatekeepers: How Well Are We Doing?, 34 Syllabus 4 (May 2003)

Academic Self-Reflection, 34 Syllabus 4 (Feb. 2003)

The Public University as a Public Good, Minnesota Law & Politics (Feb. 2003)

Faculty as Public Intellectuals, 34 Syllabus 1 (Fall 2002)

Price-Fixing in The Ivy League, Wall Street Journal, June 15, 1992, at A13 (letter)

The New Vertical Price-Fixing Stance, National Law Journal, Sept. 17, 1990, at 12 (letter)

Antitrust Law: Is It Dead?, National Law Journal Oct. 3, 1988, at 13

A New Role: In Reviewing Mergers, the Antitrust Division Has Become an Economic Regulator, National Law Journal, May 18, 1987, at 13

Merger Litigation Costs Are Too High, New York Journal of Commerce, Dec. 29, 1986

Is The NCAA a Cartel?, National Law Journal, May 5, 1986, at 13 (with Richard McKenzie)

Other Publications

The Risks Posed by New Biomedical Technologies: How Do We Analyze and Regulate Risk?, 13 Medical Ethics 5 (2006)

Uncommon Dedication to Legal Education: Chairpersons' Reflections (Tribute to John A. Serbert), 47 Syllabus 4 (Spring 2006)

Global Trade Law: Present at the Creation (Tribute to Robert E. Hudec), 13 Minnesota Journal of Global Trade 199 (2004)

Is the Tail Wagging the Dog?: Institutional Forces Affecting Curricular Innovation, 1 Journal of the Association of Legal Writing Directors 184 (2002) (panel discussion)

Decanal Leadership: Managing Relationships, 31 University of Toledo Law Review 749 (2000)

Bright Judging: An Iron Range Legacy (Tribute to Judge Myron H. Bright), 83 Minnesota Law Review 219 (1998)

The Heaney Jurisprudence: Judicial Valor and Civic Responsibility (Tribute to Judge Gerald W. Heaney), 81 Minnesota Law Review 1087 (1997)

Grand Philosophy; Great Persona (Tribute to Joel Feinberg), 37 Arizona Law Review 3 (1995)

Uncommon Character (Tribute To Charles E. Ares), 35 Arizona Law Review 8 (1993)

Uncommon Vision (Tribute to Merton C. Bernstein), 71 Washington University Law Quarterly 1013 (1993)

COURSES

Courses

Antitrust
Civil Procedure

RESEARCH & DEVELOPMENT

Provost Sullivan’s book, "Proportionality Principles in American Law," co-authored with Professor Richard Frase, was published in December 2008 by Oxford University Press.

In November he chaired the ABA/AALS re-inspection accreditation of Stanford University Law School, and served as chair of an academic peer review team at the City University of Hong Kong School of Law in December, 2008.