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
Online Office Hours (passcode required)

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 McKinney School 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.  In 2011 Professor Huffman won the Red Cane award recognizing an outstanding new member of the law school faculty and in 2013 he won the Trustee's Teaching Award.

Professor Huffman's scholarly interests lie primarily in the areas of antitrust and consumer law. Professor Huffman has published scholarship on those topics in law journals in a wide variety of student- and peer-edited journals.  He has also written shorter articles and opinion pieces published by the trade and news presses and has been interviewed by both local and national media regarding antitrust issues.

Before returning to the academy, Professor Huffman affiliated with the Washington, D.C. litigation boutique Robbins, Russell, Englert, Orseck, & Untereiner LLP. He also served as a trial attorney in 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 that school'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 2013 he ran marathons in Boston and Big Sur, completed the National 24-hour Challenge (cycling), and earned age-group All-American honors in triathlon.  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
  • Intensive Feedback Session: Theorizing a Crisis Prevention Role for Antitrust, IU Robert H. McKinney School of Law, February 2012.
  • 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.
  • Seminar at the Tilburg Law and Economics Center, Tilburg, Netherlands, on "Behavioral Exploitation and Antitrust"
  • Lecture on "Behavioral Exploitation and Antitrust" at the University of Heidelberg, Heidelberg, Germany
  • 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, "Competition Policy in Health Care in an Era of Reform," Introduction and Transcript of proceedings forthcoming in the Indiana Health Law Review
  • Organizer and participant, American Needle v. NFL: A Debate
  • Commenter on paper by Prof. Josh Davis, Loyola Univ-Chicago Consumer Antitrust Colloquium (May 1, 2009)



 *Refereed