Indiana University

Photo of Max  Huffman
Max Huffman
Associate Professor of Law and Dean's Fellow

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

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

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 law colleges at the University of Cincinnati and West Virginia University. He teaches antitrust, bankruptcy, and other consumer and commercial law subjects. 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 the University of Pennsylvania, University of Texas, Southern Methodist University, University of Houston, and University of Cincinnati. He has also written shorter articles and opinion pieces published by the trade and news presses.

Before returning to the academy, Professor Huffman was affiliated with the Washington, D.C. litigation boutique Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, where he represented clients before the U.S. Supreme Court, other federal and state appellate courts, and economic regulatory agencies. 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.

In spring 2009, Professor Huffman taught Secured Transactions and Bankruptcy. He presented research titled "Revisiting Rescission" at the IU School of Law -- Indianapolis lunchtime colloquium series and the faculty writers' group. Professor Huffman also served as a commenter at the Loyola University Chicago School of Law Consumer Antitrust Colloquium, addressing issues of pleading antitrust claims, on which topic Professor Huffman has written an academic article and a Supreme Court amicus curiae brief and has previously been recognized for his expertise. He attended the American Bar Association Antitrust Section Spring Meeting in Washington, D.C. Professor Huffman is currently writing a paper addressing the impact of Bell Atlantic Corp v. Twombly on pleading non-conspiracy elements of federal antitrust claims (with Professor Mark Anderson), a paper on the rescission remedy in contracts characterized by dramatic disparities in bargaining power, and a paper on the implications of modern understandings of irrational consumer behavior on antitrust doctrine.

An Order of the Coif graduate of the University of Cincinnati College of Law, Professor Huffman was recently 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.

Publications

Law Review and Journal Articles

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

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


Book Reviews

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 in Bell Atlantic Corp. v. Twombly, S. Ct. No. 05-1126 (Aug. 2006)


Electronic Publications/Products

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 (forthcoming Jan. 2010).


Presentations

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

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, forthcoming in the European Competition Journal

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 Colelge of Law fall colloquium series

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


Other Activities

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)



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