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Tanya Marshdownload image icon

Tanya Marsh

Professor of Law

Phone: 336.758.6059
Location: Worrell 3302


Work In Progress

  • Saving George Bailey: Community Banks After Dodd-Frank (examining the impact of Dodd-Frank on community banks and proposing the adoption of a two-tiered regulatory approach to financial institutions)
  • Asserting the Rights of the Dead (proposes a model statute to protect the decedent’s common law right to control the disposition of his or her corpse).
  • Greening the Law of the Dead (examining the environmental impact of the traditional American funeral and legal barriers to greener alternatives).
  • Regulating God’s Acre: Commerce, Custom, and Choice in the American Cemetery (examining the historical treatment of cemeteries as a land use in American history and the relationship between evolving burial practices and the law).

Other Recent Publications

  • Editor, The Funeral Law Blog ( (2013 - present)
  • Contributing Editor, Property Prof Blog ( (2009 - present).
  • "Community Banks are Failing; Pawnshops are Growing," The Huffington Post (August 25, 2013)
  • "Preserving Community Banks Should Be Bi-Partisan Priority," The Huffington Post (July 16, 2013).
  • "Treat Community Banks Differently: They’re essential American institutions, and Dodd-Frank is harming them," National Review Online (May 14, 2013).
  • "Tsarnaev Burial Saga Highlights Fundamental Flaw in the Law of Human Remains," The Huffington Post (May 13, 2013).
  • "Burying Mass Murderers: The Problem of Tamerlan Tsarnaev," The Huffington Post (May 5, 2013).
  • "Rethinking Laws Permitting the Sales of Human Remains," The Huffington Post (August 13, 2012).
  • "Understanding the Commercial Real Estate Debt Crisis," 1 HARV. BUS. L. REV. ONLINE 33 (2011).
  • "One More Casualty of the Foreclosure Crisis: Property Tax Revenues," The Huffington Post (March 22, 2011).
  • "The Cost of Surrendering the 30-Year Fixed Rate Mortgage Loan," The Huffington Post (March 9, 2011).
  • "A Government-Mandated Foreclosure Moratorium is a Popular (and Bad) Idea," The Huffington Post (October 27, 2010).
  • "The Stagnation of Indiana Real Property Law," 43 Ind. L. Rev. 967 (Summer 2010) (with April Sparks Pyatt).
  • Negotiating and Drafting Lease Insurance Clauses: 10 Questions for Practitioners, Retail Law Strategist, Volume 10, Issue 2 (June 2010) (with Jo-Ann Marzullo).
  • "LIBOR Under Attack: Understanding the Current Controversies," ABA-Real Property Trust and Estate Section e-Report (August 2009).
  • "Recent Developments in Indiana Real Property Law," 41 Ind. L. Rev. 1237 (Summer 2008).
  • "Recent Developments in Indiana Real Property Law," 40 Ind. L. Rev. 1067 (Summer 2007) (with Robert G. Solloway).
  • "Vested Rights, Exclusive Uses, and Adverse Possession: Recent Developments in Indiana Real Property Law," 39 Ind. L. Rev. 1211 (Summer 2006) (with Robert G. Solloway & Gina C. Bradford).
  • "Let the Seller Beware: The Slow Demise of Caveat Emptor and Other Recent Developments in Indiana Real Property Law," 38 Ind. L. Rev. 1317 (Summer 2005) (with Robert G. Solloway).
  • "Tangled up in the Common Law: Restrictive Covenants and the Remedy of Injunctive Relief," 48 Res Gestae 34 (September 2004) (with Andrea K. Marsh). Winner of the 2004 Harrison Legal Writing Award from the Indiana State Bar Association.
  • "We Just Saw It From a Different Point of View: Recent Developments in Indiana Real Property Law," 37 Ind. L. Rev. 1307 (Summer 2004).
  • "Filling in the Gaps: the Continuing Evolution of Property Law in Indiana," 36 Ind. L. Rev. 1217 (Summer 2003) (with Robert G. Solloway).
  • "Restrictions on Alien Property Rights in Indiana: Contradictory and Unconstitutional," 46 Res Gestae 19 (February 2003) (with William E. Marsh). Winner of the 2003 Harrison Legal Writing Award from the Indiana State Bar Association. As a result of lobbying sparked by this article, the portions of the Indiana Code which limited a non-citizen's right to own real property in Indiana were repealed by the Indiana General Assembly in 2003.
  • "The Limits of Constructive Notice: A Call to Reform Indiana's Recording Statutes," 46 Res Gestae 20 (October 2002).

Family History Publications

  • "Following the Bee Line: History of Jacob and Katherine Sherman Family Sheds Light on the Brightwood Neighborhood of Indianapolis," 50 THG: Connections 6 (Spring/Summer 2010).
  • "Using County Histories: A Case Study of John Kenower of Huntington County, Nineteenth Century," 49 THG: Connections 82 (Fall/Winter 2009).
  • "A Genealogist's Guide to Indiana Land Records," Finding Indiana Ancestors: A Guide to Historical Research (Indiana Historical Society: 2007).
  • A Genealogist's Guide to Indiana Land Records," 43 The Hossier Genealogist 205 (Winter 2003).