C. Paul Rogers III

Headshot of C. Paul Rogers III, faculty member at ÃÛÌÒ½´Dedman School of Law.

Marilyn Jeanne Johnson Distinguished Faculty Fellow, Professor of Law and Former Dean

Full-time faculty

Email

crogers@smu.edu

C. Paul Rogers III has served on the ÃÛÌÒ½´Dedman School of Law faculty since 1980 and was dean of the law school from 1988 to 1997. He also served as associate dean for academic affairs from 1982 to 1986. Upon graduation from the University of Texas School of Law in 1973 he practiced law in Pennsylvania before accepting the Krulewitch Fellowship for graduate law study from Columbia Law School. He subsequently joined the faculty of Loyola University of Chicago before coming to SMU. Dean Rogers has published articles in the area of antitrust law, contracts, commercial law, regulated industries, and legal history, and has co-authored an antitrust casebook entitled ANTITRUST LAW:  POLICY & PRACTICE, now in its fifth edition. Dean Rogers has been of counsel to the Locke Lord law firm in Dallas since 1996 and has spoken widely at academic and legal conferences in the United States and abroad. He has taught courses in contracts, antitrust law, business torts, and sales of goods transactions at SMU. He is an elected member of the American Law Institute, the American Bar Foundaton, the Texas Bar Foundation, and a charter member of the Dallas Bar Foundation.

Dean Rogers has served as SMU's faculty athletic representative since 1987, helping to represent the University before the NCAA and the American Athletic Conference. He previously served on the NCAA’s Football Oversight Committee and is former President of the Southwest Conference and a former member of the Cotton Bowl Board of Directors and the NCAA's Amateurism Cabinet. An avid baseball historian, Rogers has co-authored or edited six books and countless articles on baseball history. Since 1990, he has served as President of the Ernie Banks-Bobby Bragan DFW Chapter of the Society of American Baseball Research.


Area of expertise

  • Antitrust Law
  • Contract Law

Education

B.A., University of Texas
J.D., University of Texas School of Law
LL.M., Columbia Law School

Courses

Antitrust
Contracts
Selected Problems in Antitrust

Books

ANTITRUST LAW: POLICY AND PRACTICE (Lexis Publishing 5th edition 2020, 4th edition 2008, 3rd edition 1999, 2nd edition 1992, 1st edition 1985) (with Teacher's Manual for each edition) (with William R. Andersen)

LAW, CULTURE, AND ECONOMIC DEVELOPMENT:  – A Liber Amicorum for Professor Roberto MacLean (with Joseph J. Norton, eds.) 2007


Articles

Foreword: A Tipping Point for Antitrust Law, 26 ÃÛÌÒ½´Science & Technology Law Review 3 (2023)

A Historical Perspective on the Role of Faculty Athletics Representatives: The ÃÛÌÒ½´Experience, 7 Mississippi Sports Law Review 142 (2018)

Why Do Bad Antitrust Decisions Sometimes Make Good Law? The Alcoa and Brown Shoe Examples, 71 ÃÛÌÒ½´Law Review 97 (2018)
|

A Current Look at Foreign Cartels and the United States Foreign Trade Antitrust Improvements Act, II Competition Law Chronicle VI (2015-2016)

The Incredible Shrinking Antitrust Law and the Antitrust Gap, 52 University of Louisville Law Review 67 (2013)
|

A Concise History of Corporate Mergers and the Antitrust Laws in the United States, 24 National Law School of India Review 10 (2013)
|

The Flawed Nexus Between Contract Law and the Rules of Procedure: Why Rules 8 and 9 Must Be Changed, 31 The Review of Litigation 233 (2012) (with Bill Dorsaneo)
|

Consumer Welfare and Group Boycott Law, 62 ÃÛÌÒ½´Law Review 665 (2009)
|

The Antitrust Legacy of Justice William O. Douglas, 56 Cleveland State Law Review 895 (2008)
|

The Quest for Number One in College Football: The Revised Bowl Championship Series, Antitrust, and the Winner Take All Syndrome, 18 Marquette Sports Law Review 285 (2008)
|

Napoleon Lajoie, Breach of Contract and the Great Baseball War, 55 ÃÛÌÒ½´Law Review 325 (2002)
|

Restraints on Alienation in Antitrust Law: A Past with No Future, 49 ÃÛÌÒ½´Law Review 497 (1996)

Article Two Warranty Disputes in the Seventh Circuit: Advantage Seller or Disadvantage Court?, 65 Chicago-Kent Law Review 849 (1991) (with Lee E. Michaels)

Scots Law in Post-Revolutionary and Nineteenth Century America: The Neglected Jurisprudence, 8 Law and History Review 205 (1990)

Still Running Against the Wind: A Comment on Antitrust Jurisdiction and Laker Airways Ltd. v. Sabena, Belgian World Airlines, 50 Journal of Air Law and Commerce 931 (1985)

The Limited Case for an Efficiency Defense in Horizontal Mergers, 58 Tulane Law Review 503 (1983)

A Shared Values Approach to Jurisdictional Conflicts in International Economic Law, 32 International and Comparative Law Quarterly 931 (1983) (with Bernhard Grossfeld)

Perspectives on Corporate Mergers and the Antitrust Laws, 12 Loyola of Chicago Law Journal 301 (1981)

Municipal Antitrust Liability in a Federalist System, 1980 Arizona State Law Journal 305 (1980)

Antitrust: Criminal Intent in Antitrust Prosecutions, Collateral Estoppel and Section 5(a) of the Clayton Act, and the Relationship of Standing and Injury in Private Antitrust Suits, 56 Chicago-Kent Law Review 45 (1980)

Summary Judgments in Antitrust Conspiracy Litigation, 10 Loyola University Chicago Law Journal 667 (1979)

The State Action Antitrust Immunity, 49 University of Colorado Law Review 147 (1978)

Judicial Reinterpretation of Statutes: The Example of Baseball and the Antitrust Laws, 14 Houston Law Review 611 (1977)

An Approach to the Teaching of Professional Responsibility to First Year Law Students, 4 Ohio Northern University Law Review 800 (1977)

Mergers in Regulated Industries: The Role of the Regulatory Agency, 7 St. Mary's Law Journal 297 (1975)

Book chapters

Competition Law and the EU and U.S. Approaches to Dominate Markets: Will the Gap Narrow? in FESTSCHRIFT FOR WERNER F. EBKE – GERMAN, EUROPEAN, AND COMPARATIVE BUSINESS LAW 843-54 (C.H. Beck Verlag 2021)

Preface: In Honor of Roberto MacLean – A Man of All Reason, in LAW, CULTURE AND ECONOMIC DEVELOPMENT -- A LIBER AMICORUM FOR PROFESSOR ROBERTO MacLEAN (Norton & Rogers, eds. 2007)

“Legal Baseball” in the Law School Curriculum – The Contracts Example, in BASEBALL IN THE CLASSROOM 104 (Edward J. Rielly ed. 2006)

Cross-Border Mergers and Antitrust: Jurisdiction, Enforcement and Cooperation Issues; in CROSS BORDER MERGERS AND ACQUISITIONS AND THE LAW 359 (Norbert Horn ed. 2001)

A Comment on the Extraterritorial Application of American Law in the 1990s; in FESTSCHRIFT für BERNHARD GROSSFELD zum 65. Geburtstag 901 (Hübner & Ebke eds. 1999)

Other publications

Roy Ryden Anderson: A Tribute to an ÃÛÌÒ½´Legend, 74 ÃÛÌÒ½´Law Review 229 (2021)

A Heartfelt Remembrance of Charles Tarpley, 86 Journal of Air Law & Commerce 321 (2021)


A Tribute to Peter Winship – Academic Lawyer Par Excellence, 73 ÃÛÌÒ½´Law Review 403 (2020)


Vicki Palacios – An Appreciation, 73 ÃÛÌÒ½´Law Review 197 (2020)


Reminiscing about Bill Bridge and his Remarkable Legacy, 72 ÃÛÌÒ½´Law Review 19 (2019)

Fred Moss, The Law School's Unsung Hero, 63 ÃÛÌÒ½´Law Review 939 (2010)

Foreword: Antitrust Law and Policy: Still Under Construction, 62 ÃÛÌÒ½´Law Review 431 (2009)

Jack Mylan – An Appreciation for a Job Well Done, 60 ÃÛÌÒ½´Law Review 1409 (2007)

A Hale and Hearty Thank You to Harvey Wingo, 54 ÃÛÌÒ½´Law Review 1909 (2001)

Legal Bases - Baseball and the Law, by Roger I. Abrams, 8 Nine: A Journal of Baseball History and Social Policy Perspectives 132 (1999) (Book review)

Remembering a Special Friend: John J. Tigert VI, 62 Journal of Air Law and Commerce 641 (1997)

A Remembrance of Howard Taubenfeld: Master Teacher, Progressive Scholar, and Supportive Colleague, 50 ÃÛÌÒ½´Law Review 3 (1996) and 62 Journal of Air Law and Commerce 5 (1996)

A Tribute to A. Kenneth Pye: A Remarkable Man and Inspirational Leader, 49 ÃÛÌÒ½´Law Review 433 (1996)

Foreword, Antitrust Law in the Twenty-First Century, 48 ÃÛÌÒ½´Law Review 1665 (1995)

Thanks to Ellen Solender: A Generous Teacher, Scholar, and Friend, 48 ÃÛÌÒ½´Law Review 1994)

Remembering Johnny Johnson, 47 ÃÛÌÒ½´Law Review 3 (1993)

ÃÛÌÒ½´Athletics: Realities and Challenges of the 1990s, ÃÛÌÒ½´Forum, May 1990

Remembering John E. Kennedy, 43 Southwestern Law Journal 1003 (1990) and 55 Journal of Air Law and Commerce, No. 3, at i (1989)

Bill Flittie: Preaching That Old-Time Religion, 52 Journal of Air Law and Commerce, xiii (1989)

Contract Law in the USSR and the United States: History and General Concept, by E. Allan Farnsworth and Viktor P. Mozolin, 22 International Lawyer 870 (1988) (Book review)

 
The Economics of Corporation Law and Securities Regulation, edited by Posner and Scott, 35 Vanderbilt Law Review 265 (1982) (with Larry Ribstein), reprinted in 25 Corporate Practice Commentator 142 (1983) (Book review)

The Economics of Contract Law, edited by Posner & Kronman, 93 Harvard Law Review 1039 (1980) (Book review)

Decision to Prosecute: Organization and Public Policy in the Antitrust Division by Suzanne Weaver, 32 Vanderbilt Law Review 1239 (1979) (Book review)

Handbook of the Law of Antitrust by Lawrence Sullivan, 77 Columbia Law Review 1112 (1977), reprinted in 21 Corporate Practice Commentator 131 (1979) (Book review)

Media

The Texas Lawbook, quoted in (August 2024)

Housing Wire Magazine, quoted in  (April 2024)

Texas Monthly, quoted in  (October 2023)