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Indiana University Robert H. McKinney School of Law
Photo of Max  Huffman
Max Huffman
Associate Professor of Law and Dean's Fellow

Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 347
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 274-8009
E-Mail: huffmmax@iupui.edu

SSRN
Curriculum Vitae
Education

B.A., 1995,Cornell University
J.D., 1998, University of Cincinnati College of Law

Courses

Antitrust, Bankruptcy, Consumer Law, Commercial Law

Bio

Max Huffman joined the faculty in 2008 as an associate professor, after teaching at the University of Cincinnati and West Virginia University. He teaches Antitrust, Comparative and International Antitrust, Consumer Law, Secured Transactions, Bankruptcy, and Payment Systems, and in 2011 won the Red Cane award recognizing an outstanding new member of the law school faculty. His scholarly interests lie primarily in the areas of competition and consumer law. Professor Huffman has published scholarship on those topics in law journals at Cornell University, the University of Pennsylvania, University of Texas, Southern Methodist University, University of Houston, University of Cincinnati, and William & Mary, as well as the field-leading Antitrust Law Journal. He has also written shorter articles and opinion pieces published by the trade and news presses.

Professor Huffman is a regular presenter at colloquia and workshops around the world, including in the past year presenting "Behavioral Exploitation Antitrust in Consumer Subprime Mortgage Lending" at Loyola University-Chicago School of Law, and "Worlds in Collision: Antitrust Review of Bankruptcy Asset Sales" at the University of Maryland Frances King Carey School of Law. Professor Huffman published several articles in 2012, including "Marrying Neo-Chicago with Behavioral Antitrust" in the peer-edited Antitrust Law Journal and "Behavioral Exploitation Antitrust in Consumer Subprime Mortgage Lending" in the peer-reviewed William & Mary Policy Review (with Daniel Heidtke). In 2012 Professor Huffman participated in the George Mason University two-week intensive economics education program for law faculty in Estes Park, Colorado.

Before returning to the academy, Professor Huffman was affiliated with the Washington, D.C. litigation boutique Robbins, Russell, Englert, Orseck, & Untereiner LLP. He also served as a trial attorney at the Antitrust Division of the U.S. Department of Justice and as a Special Assistant United States Attorney. Professor Huffman clerked for Judge Stephen Trott on the U.S. Court of Appeals for the Ninth Circuit and was an extern to Judge Nathaniel Jones on the U.S. Court of Appeals for the Sixth Circuit.

An Order of the Coif graduate of the University of Cincinnati College of Law, Professor Huffman was selected as the 2008 recipient of UC College of Law’s Nicholas Longworth Award for alumni excellence. He earned his undergraduate degree in mathematics at Cornell University.

Professor Huffman is an avid runner, cyclist and triathlete. In 2012 he ran the Boston, Big Sur, and California International marathons, setting a new personal best in that discipline; established new personal best times in both mid-course and long-course triathlon events; and finished sixth overall in the Saratoga 12-hour cycling race. Professor Huffman runs with the law school running club and blogs about running et cetera at runningprofs.blogspot.com.

Publications

(SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=624154)
 

Law Review and Journal Articles

"Behavioral Exploitation in Consumer Subprime Mortgage Lending," 3 William & Mary Policy Review 77 (2012) (peer reviewed) (with Daniel Heidtke)

*7Marrying Neo-Chicago and Behavioral Antitrust, 78 Antitrust Law Journal 105 (2012)

Iqbal, Twombly, and the Expected Cost of False Positive Error, 20 Cornell J. Law & Pub. Pol'y 1 (2010)

Bridging the Divide? Theories for Integrating Competition Law and Consumer Protection, 6 European Comp. J. 7 (2010)

The Necessity of Pleading Elements in Private Antitrust Conspiracy Claims, 10 U. Pa. J. Bus. & Emp. L. 627 (2008)

A Retrospective on Twenty-Five Years of the Foreign Trade Antitrust Improvements Act, 44 Hous. L. Rev. 285 (2007)

A Standing Framework for Private Extraterritorial Antitrust Enforcement, 60 SMU L. Rev. 103 (2007)


Essays and Reports

*Commissioner Wright and Behavioral Antitrust, Antitrust Source, April 2013

Introduction, to transcript of "Competition Policy in Health Care in an Era of Reform," 7 Indiana Health L. Rev. 225 (2010)

Using All Available Information, 25 Rev. Litig. 501 (2006)


Book Reviews

A Global Collection, reviewing Sokol & Iannos, Global Antitrust Law and Economics, Minnesota Law Review Headnotes (forthcoming 2013)

Max Huffman, Gen Next Antitrust?, Review of Daniel Crane, The Institutional Structure of Antitrust Enforcement, Sept. 19, 2011, Antitrust & Comp. Pol'y Blog.

Judge Painter's Forty Rules, 72 U. Cin. L. Rev. 1011 (2004)

Book Review, Jonathan W. Singer, Broken Trusts: The Texas Attorney General Versus the Oil Industry, 1889-1909, 15 Western Legal History 215 (2002)

Book Review, Mark Scherer, Imperfect Victories: The Legal Tenacity of the Omaha Tribe, 1945-1995, 13 Western Legal History 270 (2001)


Other Publications

Brief of Amici Curiae Legal Scholars, British American Tobacco Holdings Ltd. v. United States, S. Ct. No. 09-980 (2010)

Brief of Amici Curiae Legal Scholars in Bell Atlantic Corp. v. Twombly, S. Ct. No. 05-1126 (Aug. 2006)


Electronic Publications/Products

Note on FTC v. Phoebe Putney Health Systems, e-Competitions Online Bulletin, April 2013 (with Evan Bartel)

Max Huffman, New Lessons for Pleading the FTAIA, Nov. 2011 Competition Policy International Antitrust Chronicle 1.

Online Book Review: The Institutional Structure of Antitrust Enforcement (Daniel Crane)

Will Congress Overrule Leegin?, in eCCP Global Competition Policy Update (Nov. 23, 2007)

Case Note: Bell Atlantic v. Twombly, in eCCP Global Competition Policy Update (May 31, 2007)


Work in Progress

Revisiting Rescission, abstract presentation at the Univ. of Illinois Junior Scholars' Workshop

Revisiting Rescission, presentation to the Washington University in St. Louis Junior Scholars' Workshop (forthcoming December 2009)

Lessons from New Economics for Old Antitrust, presentation at the Next Generation of Antitrust Scholars Conference (Jan. 2010).

Historical Perspectives on Antitrust Extraterritoriality, in Extraterritoriality in American Law, Southwestern Law Review Symposium, Los Angeles, California, Nov. 2010


Presentations

"Worlds in Collision: Antitrust Review of Bankruptcy Asset Sales," University of Maryland Frances King Carey School of Law, Junior Faculty Exchange Program

"Behavioral Exploitation Antitrust in Consumer Subprime Mortgage Lending," Loyola University-Chicago School of Law Symposium

Symposium Contribution: Theorizing a Crisis Prevention Role for Antitrust, in "The Continuing Effects of the Mortgage Crisis on Consumers," Loyola Consumer Law Review Symposium, Feb. 24, 2012.

Intensive Feedback Session: Theorizing a Crisis Prevention Role for Antitrust, IU Robert H. McKinney School of Law, February 2012.

Lecture on "Behavioral Exploitation and Antitrust" at the University of Heidelberg, Heidelberg, Germany

Seminar at the Tilburg Law and Economics Center, Tilburg, Netherlands, on "Behavioral Exploitation and Antitrust"

Workshop on "Antitrust in Bankruptcy," University of Toledo College of Law, Toledo, Ohio

Workshop, "Antitrust in Bankruptcy," IU School of Law - Indianapolis

Historical Perspectives on Antitrust Extraterritoriality, in Extraterritoriality in American Law, Southwestern Law Review Symposium, Los Angeles, California, Nov. 2010

A Patent Policy Approach to Hatch-Waxman Gaming, with Prof. Emily Morris, IU School of Law -- Indianapolis Fall CLE Program, Oct. 2010

Behavioral Exploitation and Antitrust, Loyola University-Chicago School of Law, Center for Consumer Antitrust Studies Annual Colloqiuim, Chicago, Illinois, May 2010

A Patent Policy Approach to Hatch-Waxman Gaming, with Prof. Emily Morris, Association for Law, Property and Society Annual Meeting, Georgetown University, Washington, D.C., March 2010

Lessons from New Economics for Old Antitrust, presentation at the Next Generation of Antitrust Scholars Conference (Jan. 2010).

Bridging the Divide? Theories for Integrating Competition Law and Consumer Protection, presentation to the law faculty of the University of Idaho College of Law, Moscow, Idaho, Dec. 2009

Revisiting Rescission, presentation to the Washington University in St. Louis Junior Scholars' Workshop (forthcoming December 2009)

Competition Law and Consumer Protection, presentation at the Fourth Antitrust Marathon, Dublin, Ireland, published in 6 European Competition Journal 7 (2010)

Iqbal, Twombly and the Expected Cost of False Positive Error, presentation at the IU School of Law -- Indianapolis Faculty colloquium series

Revisiting Rescission, abstract presentation at the Univ. of Illinois Junior Scholars' Workshop

Revisiting Rescission, presentation at the IU School of Law -- Indianapolis faculty colloquium series

Pleading Sherman One, presentation at the West Virginia University College of Law faculty colloquium series

Twombly and the Antitrust Conspiracy Claim, presentation at the University of Cincinnati College of Law fall colloquium series

Defining the Empagran Exception, presentation at the University of Cincinnati College of Law fall colloquium series


Other Activities

Co-signer, amicus curiae brief for bankruptcy scholars, In re Tousa, Inc., No. 11-11071 (11th Cir., filed May 2011)

Organizer and participant, American Needle v. NFL: A Debate

Organizer and participant, "Competition Policy in Health Care in an Era of Reform," Introduction and Transcript of proceedings forthcoming in the Indiana Health Law Review

Commenter on paper by Prof. Josh Davis, Loyola Univ-Chicago Consumer Antitrust Colloquium (May 1, 2009)


 *Refereed

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