Faculty | Faculty & Research | School of Law | Pepperdine University


Photo of Mark S. Scarberry, J.D.

Mark S. Scarberry, J.D.
Professor of Law

Office: School of Law (SOL)

  • J.D., University of California, Los Angeles, 1978
  • A.B., Occidental College, 1975, magna cum laude

Academics Page

SSRN Author Page

Professor Scarberry decided during his first year at UCLA Law School that he wanted to teach law. He graduated first in his class and then joined the Pepperdine law faculty in 1982 after four years' practice experience with Jones, Day, Reavis & Pogue, Los Angeles. His major academic interests are bankruptcy (particularly Chapter 11 business reorganization), remedies, legal philosophy, election law, and constitutional law (particularly freedom of religion). Except when it is time to grade exams, he is amazed that law teachers actually are paid to teach (rather than having to pay for the privilege).


All | Books | Book Chapters | Articles | Forthcoming | Popular Press


  • Mark S. Scarberry et al., BUSINESS REORGANIZATION IN BANKRUPTCY: CASES AND MATERIALS (West, 4th ed. 2012). WorldCat
  • Mark S. Scarberry et al., BUSINESS REORGANIZATION IN BANKRUPTCY: CASES AND MATERIALS (West, 3d ed. 2006). WorldCat
  • Articles

  • Mark S. Scarberry, The Supreme Court's Decision in Stern v. Marshall: Analysis & Implications, working paper included in program materials for American Bankruptcy Institute's Southwest Bankruptcy Conference, September 8-10, 2011 SSRN
  • Mark S. Scarberry, For President Obama, Many Gaps to Fill on the Bench, N.Y. TIMES, May 8, 2010
  • Mark S. Scarberry, A Critique of Congressional Proposals to Permit Modification of Home Mortgages in Chapter 13 Bankruptcy, 37 PEPP. L. REV. 635 (2010) (symposium issue) SSRN HeinOnline
  • Mark S. Scarberry, Mortgage Wars Episode V-- The Empiricist Strikes Back (Or Out): A Reply to Professor Levitin's Response, 37 PEPP. L. REV. 1277 (2010) SSRN HeinOnline
  • Mark S. Scarberry, John Leland and James Madison: Religious Influence on the Ratification of the Constitution and on the Proposal of the Bill of Rights, 113 PENN. ST. L. REV. 733 (2009) SSRN HeinOnline
  • Mark S. Scarberry, Historical Considerations and Congressional Representation for the District of Columbia: Constitutionality of the D.C. House Voting Rights Bill in Light of Section Two of the Fourteenth Amendment and the History of the Creation of the District, 60 ALA. L. REV. 783 (2009) SSRN HeinOnline
  • Mark S. Scarberry, Detailed Chart Comparing Provisions of Current Bankruptcy Bills Dealing with Modification of Home Mortgages, as of December 13, 2007, 36 N.Y. REAL PROPERTY L.J. 58 (Spring 2008)
  • Mark S. Scarberry, Summary and Analysis of HR 3915: The "Mortgage Reform and Anti-Predatory Lending Act of 2007", AM. BANKR. INST. LEGIS. COMMITTEE e-NEWSL., Nov. 6, 2007
  • Mark S. Scarberry, Anti-Arbitration Provisions in Pending Federal Legislation Dealing with the Mortgage Crisis, AM. BANKR. INST. ALTERNATIVE DISP. RESOL. COMMITTEE e-NEWSL., Nov. 15, 2007
  • Mark S. Scarberry, Interpreting Bankruptcy Code Sections 502 and 506: Post-Petition Attorneys' Fees in a Post-Travelers World, 15 AM. BANKR. INST. L. REV. 611 (2007) SSRN HeinOnline
  • Popular Press

  • Mark S. Scarberry, Moderator, Panel on Article V of the Constitution, Association of American Law Schools' Section on Constitutional Law, AALS Annual Meeting, Washington, D.C., 2012.
  • Mark S. Scarberry, Panelist, "The Supreme Court Takes on Bankruptcy: Clarity and Confusion," National Association of Attorneys General bankruptcy conference in Austin, Texas, 2011.
  • Mark S. Scarberry & Nancy Altman, Disentangling Social Security From the Debt Ceiling, HUFFINGTON POST, July 20, 2011.
  • Mark S. Scarberry, Chair-Elect, Association of American Law Schools Section on Constitutional Law, 2011.
  • Mark S. Scarberry, Moderator, ConlawProf Internet discussion list, 2011.
  • Mark S. Scarberry, American Bankruptcy Institute Law Review Advisory Board, 2011.
  • Mark S. Scarberry, Peer Reviewer, Election Law Journal, 2011.
  • Mark S. Scarberry, AALS Section on Law and Religion Program Planning Committee for 2011 and 2012 Annual Meetings, 2011.
  • Mark S. Scarberry, AALS Section on Constitutional Law Program Planning Committee for 2012 Annual Meeting, 2011.
  • Mark S. Scarberry, Panelist, Implications of Recent Supreme Court Decision, American Bankruptcy Institute Southwest Bankruptcy Conference, Las Vegas, Nevada, 2011.
  • Mark S. Scarberry, Debate Participant, The National Popular Vote Interstate Compact, at the Republican National Committee meeting, Tampa, Florida, 2011.
  • Mark S. Scarberry, Panel Moderator, Conference entitled "A Call for International Religious Freedom," sponsored by the Herbert and Elinor Nootbaar Institute on Law, Religion and Ethics, Pepperdine Univ. School of Law, 2011.
  • Mark S. Scarberry, Panelist, The Citizens United Case and Campaign Finance: A Victory for Free Speech or a Threat to Democracy?, California Lutheran University, 2010.
  • Mark S. Scarberry, Speaker, Christian Legal Society v. Martinez: Education, Religion, and Sexuality, UCLA Law School, 2010.
  • Mark S. Scarberry, Panelist, Hot Topics in Mortgages: What's Happening in the Field, What's the AG's Role?, National Association of Attorneys General Seminar on Bankruptcy from a Government Perspective, Santa Fe, New Mexico, 2010.
  • Mark S. Scarberry, Speaker, Hastings Constitutional Law Quarterly Symposium, 2010.
  • Mark S. Scarberry, Speaker, J. Reuben Clark Law Society Conference, 2010.
  • Mark S. Scarberry, Co-Organizer and Speaker, Pepperdine Law Review Symposium, "Bringing Down the Curtain on the Current Mortgage Crisis and Preventing a Return Engagement", 2009.
  • Mark S. Scarberry, Speaker, Joint Program of AALS Section on Creditors' and Debtors' Rights and AALS Section on Real Estate Transactions, AALS Annual Meeting, 2009.
  • Mark S. Scarberry, Senate Judiciary Committee, Subcommittee on Administrative Oversight and the Courts, Hearing on "Abusive Credit Card Practices and Bankruptcy", 2009.
  • Mark S. Scarberry, Presenter, Boston College Law School Law and Religion Program Symposium, 2008.
  • Mark S. Scarberry, Luncheon speaker, AALS Section on Financial Institutions and Consumer Financial Services, AALS Annual Meeting, 2008.
  • Mark S. Scarberry, Keynote Luncheon Speaker on Statutory Interpretation, American Bankruptcy Institute's 16th Annual Bankruptcy Battleground West Conference, Santa Monica, CA, 2008.
  • Mark S. Scarberry, Senate Judiciary Committee, Hearing on "The Looming Foreclosure Crisis: How To Help Families Save Their Homes", 2007.

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