Law Commons^™

Shame, Paul Campos

Publications

Here are some observations drawn from nearly seventeen years spent as a legal academic, using a particular device: the depiction of several fictional yet all-too-familiar legal academic characters. With one exception these characters are imaginary - yet their name is legion. The characters are The Drone, The Bully, The Hack, and The Fraud.

What can be done about them - or about us? Answering this question at all satisfactorily requires confronting more than the personal flaws of particular individuals: it necessitates grappling with the structural failures of the contemporary law school. It's true that some of what is wrong with …

The Fallen Angel, Roger Bernhardt

Publications

This article discusses a case where the buyer was defrauded by a real estate broker into purchasing property he could not afford.

Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt

Publications

This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.

Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.

The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding

Publications

This article explores how speculative bubbles undermine the effectiveness of securities regulations and spawn epidemics of securities fraud. A brief historical survey demonstrates that stock market bubbles almost invariably coincide with epidemics of securities fraud, and provides a compelling argument that the outbreak of fraud in the Enron era did not stem merely from factors unique to the 1990s, but from the dynamics of an asset price bubble as well.

Drawing on perspectives from securities law practice and economic theory, the article argues that bubbles dilute the deterrent effect of antifraud rules and promote deregulation. Both effects alter the calculus …

Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that a debtor’s tender of a document that was worthless on its face did not prevent foreclosure or give rise to a creditor’s obligation to object to the tender.

The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt

Publications

This article discusses a California Supreme Court case which held that the economic-loss rule does not bar tort recovery—compensatory and punitive damages—in a claim for intentional misrepresentation or fraud independent of a claim for breach of contract as might be applied to construction litigation.

Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that the measure of damages for a broker’s intentional misrepresentation to principal agent is not limited to the buyer’s out-of-pocket losses but may be measured by the benefit-of-the bargain rule.

Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt

Publications

This article summarizes many issues involved when a real estate buyer believes that someone did not tell them the full story about the condition of property they acquired and they want to sue for those untruths. Areas of discussion include seller, broker, and home inspector intentional and negligent concealment of property defects.

Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.

You Can Sell But You Can’T Hide, Roger Bernhardt

Publications

This article discusses the importance of including former owners as parties in lawsuits for fraud or negligent misrepresentation in the sale of real estate in California.

Liability For Misleading Statements Under Section 11, Ted J. Fiflis

Publications

No abstract provided.

Foreword, Arthur H. Travers Jr.

Publications

No abstract provided.