Professor Jean Sternlight Receives 2015 ABA Section of Dispute Resolution Award for Outstanding Scholarly Work

Jean Sternlight, Director of the Saltman Center for Conflict Resolution and Michael and Sonja Saltman Professor of Law at the UNLV William S. Boyd School of Law, is the recipient of the 2015 American Bar Association (ABA) Section of Dispute Resolution’s Award for Outstanding Scholarly Work. The award is given to individuals who significantly contribute to the field of dispute resolution through scholarship.

“Professor Sternlight is a rigorous and thoughtful scholar and colleague who has written prolifically and passionately about arbitration and its place in the justice system. She has mentored the next generation of dispute resolvers, dispute resolution scholars, and practitioners, organized special journal issues on dispute resolution topics, participated in organizing national gatherings, and taken a leadership role on the policy of dispute resolution both within the Section of Dispute Resolution and nationally. Professor Sternlight’s work and efforts have contributed greatly to the field,” according to an ABA announcement about the award.

A distinguished leader in the field of dispute resolution for two decades, Professor Sternlight is recognized for her scholarship, teaching, and law reform activities nationally and internationally. She has co-authored leading casebooks and other texts on alternative dispute resolution, arbitration, and mediation, and most recently on the relationship between psychology and lawyering. Her most recent book, Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation and Decisionmaking (with Jennifer Robbennolt) was published by the American Bar Association in 2012. She has also published numerous articles in many journals, including the University of Pennsylvania Law Review, the Stanford Law Review, Law and Contemporary Problems, and the Journal of Legal Education.

Professor Sternlight received her B.A. (Phi Beta Kappa and High Honors) from Swarthmore College and her J.D. (cum laude) from Harvard University, where she served as editor in chief of the Harvard Civil Liberties - Civil Rights Law Review. She then clerked for federal judge Marilyn Hall Patel in California and subsequently practiced plaintiff-side employment law in Philadelphia.

After teaching at Florida State University School of Law and the University of Missouri-Columbia School of Law, where she was the John D. Lawson Professor of Law and also a Senior Fellow at the Center for the Study of Dispute Resolution, she joined the Boyd School of Law faculty in 2003.

Watch a video of Professor Sternlight's acceptance speech at an award ceremony on Saturday, April 18 below. 



See photos of the award ceremony below.

 

 

Professor Jean Sternlight Speaks at UCLA Law’s Negotiation and Conflict Resolution Colloquium

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the director of the Saltman Center for Conflict Resolution at the UNLV William S. Boyd School of Law.

On Feb. 26, Professor Sternlight traveled to UCLA Law as part of the school’s Negotiation and Conflict Resolution Colloquium to present a paper titled “Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection.” 

The colloquium, a component of the school’s Negotiation and Conflict Resolution Program, invites leading scholars from around the nation in a variety of disciplines such as law, business, psychology, public policy and sociology to engage with the law school community, practicing bar and public.

Professor Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

Professor Jean Sternlight Quoted on Natural Products Insider Website

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the director of the Saltman Center for Conflict Resolution at the UNLV William S. Boyd School of Law.

In a Feb. 4 article posted on the Natural Products Insider website titled “Supplement Manufacturers Need Game Plan to Defend Against Class-Action Lawsuits,” one of Professor Sternlight’s articles from 2012 was quoted. Natural Products Insider is a print, online and e-mail resource for marketers, manufacturers and formulators of dietary supplements, healthy foods and cosmeceuticals.

The article on the website said, “The AT&T case has been helpful to companies seeking to uphold arbitration agreements and bar a class-action lawsuit. ‘In case after case, courts are now refusing to void arbitral class action waivers in consumer and employment cases,’ wrote Jean Sternlight, a professor of law at UNLV (University of Nevada, Las Vegas) Boyd School of Law, in a 2012 article for Oregon Law Review called ‘Tsunami: AT&T Mobility LLC v. Concepcion Impedes Access to Justice.’

“Sternlight said the courts in consumer fraud actions and other cases have found the complaints must be handled through individual arbitration rather than a class-action lawsuit.”

Professor Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution. 

Professor Jean Sternlight Speaks to Southwestern School of Law Faculty

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the director of the Saltman Center for Conflict Resolution at the UNLV William S. Boyd School of Law.

On Jan. 23, Professor Sternlight traveled to Southwestern School of Law to present to faculty her paper titled “Why Mediators Should Care about the Psychology of Ethics.” Founded more than 100 years ago, Southwestern School of Law is located in Los Angeles. 

Professor Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

Professor Jean Sternlight's Paper on Social Science Research Network Top 10 Downloads List

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the director of the Saltman Center for Conflict Resolution at the UNLV William S. Boyd School of Law.

Professor Sternlight's paper, "Disarming Employees: How American Employers Are Using Mandatory Arbitration to Deprive Workers of Legal Protection" was recently listed on the Social Science Research Network's top 10 download list for employment contract law (topic), labor and employment law (topic), labor arbitration law (topic), labor law ejournal, labor: public policy and regulation ejournal, labor (topic), conflict and resolution ejournals, and negotiation subject matter.

The paper is forthcoming in Vol. 80 of the Brooklyn Law Review. Its abstract reads, "Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a miniscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or sometimes even group claims; and (4) do not fare well pro se in arbitration. Noting employers’ use of mandatory arbitration is likely increasing, the Article urges Congress to pass the Arbitration Fairness Act both to protect individual employees and also to ensure employment laws are enforced."

Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution. 

Professors Jean Sternlight and Lydia Nussbaum to Speak at Continuing Legal Education Events

From left: Jean Sternlight & Lydia Nussbaum

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law. Lydia Nussbaum is an Associate Professor of Law, Director of the Strasser Mediation Clinic, and Associate Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

On Nov. 14 and Dec. 5, Professors Sternlight and Nussbaum will speak during a State Bar of Nevada continuing legal education program titled "Hot Topics in Mediation and Judicial Settlement."

Professor Sternlight will talk on "Why Mediators Should Care About the Psychology of Ethics," and Professor Nussbaum will present "Is Mum Always the Word? - What Mediators Should Know About Mediation Confidentiality."

Presented by the Alternative Dispute Resolution Section, the program will feature an overview of facilitative and evaluative mediation and discuss the advantages and disadvantages of each. The event will also address when discussions in mediation are confidential and privileged, the role that psychology plays in avoiding ethical missteps, and where to look for mediators. 

The Nov. 14 event will take place at the Boyd School of Law. The Dec. 5 event will take place at the Northern Nevada Bar Center in Reno.

Oct. 9 Boyd Briefs Now Available

The Oct. 9 edition of Boyd Briefs is now available.

This week's edition features Professor Jean Sternlight, student Jessica Gandy, and alumnus William Horne '01.

Professor Sternlight is the Director of the Saltman Center for Conflict Resolution. In addition to being an invaluable leader of the law school community, she's among the most highly respected and most frequently cited scholars of alternative dispute resolution in the country.

Jessica is a third-year, part-time evening student at Boyd. She currently serves as the president of Boyd's Organization of Part-Time and Non-Traditional Law students, and is also the vice president of Legally Speaking, the law school's Toastmasters chapter.

William is currently completing his term as Assembly Majority Leader.  To continue his career in public service, he is seeking election as a judge for Clark County District Court, Department 5.

To subscribe to Boyd Briefs, visit law.unlv.edu/BoydBriefs.

Boyd Professors Organizing, Presenting at 2014 SALT Teaching Conference

Ruben J. Garcia is a professor of law at the William S. Boyd School of Law. He serves as co-president of the Society of American Law Teachers (SALT) and is spearheading the organization's 2014 Teaching Conference, which will be held from Oct. 10 to 11 at the Boyd School of Law.

Elizabeth MacDowell is the director of the Family Justice Clinic and associate professor of law at the William S. Boyd School of Law.

Ann McGinley is a William S. Boyd Professor of law at UNLV.

Lydia Nussbaum is director of the Strasser Mediation Clinic, associate director of the Saltman Center for Conflict Resolution, and associate professor of law at the Boyd School of Law.

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the director of the Saltman Center for Conflict Resolution at the Boyd School of Law.

Stacey Tovino is the Lincy Professor of Law and the Lehman Professor of Law at the Boyd School of Law.

All five professors will attend the SALT Teaching Conference.

MacDowell will facilitate a roundtable discussion entitled, "Faculty-Student Collaboration as Social Justice Pedagogy." She'll also serve as a mentor at the SALT/LatCrit Faculty Development workshop, which will be held at the Boyd School of Law on Oct. 9.

McGinley will be giving a presentation titled, "Incorporating Social Justice Issues in the Disability Law Classroom," and will also serve as a commentator on a panel entitled "Models of Lawyers as Social Justice Agents."

Additionally, McGinley and Tovino will join on a panel titled, "Health Care, Health Law, and Social Justice."

Together, Nussbaum and Sternlight will give a presentation titled, "Dispute Resolution and Social Justice: Drawing on ADR to Train Progressive Attorneys." Their discussion will focus on how legal educators dedicated to advancing social justice should respond to the challenging nature of legal practice, students' career interests, and a more expansive definition of lawyering. 

Professor Jean Sternlight to Present at ABA's 12th Annual Advanced Mediation and Advocacy Skills Session

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the director of the Saltman Center for Conflict Resolution at the UNLV William S. Boyd School of Law.

Sternlight will attend the 12th Annual Advanced Mediation and Advocacy Skills Session, hosted by the American Bar Association Section of Dispute Resolution in San Antonio, Texas from Oct. 16 to 17.

She will present the luncheon keynote address with a talk titled, “The Psychology of Ethics in Negotiation and Mediation.”

Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution. 

Professors Ruben Garcia and Jean Sternlight to Participate in Law and Society Association's Annual Meeting

Ruben J. Garcia is a Professor of Law at the William S. Boyd School of Law. Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

From May 29 through June 1, Professor Garcia and Professor Sternlight will attend the Law and Society Association's annual meeting in Minneapolis.

Professor Garcia will present a paper entitled "Who are the 'Low-Wage' Workers? Definitional Difficulties for Scholars, Teachers and Social Movements." Professor Garcia will also have duties at the conference based on his service on three Association committees, including: Co-Chair of the Collaborative Research Network on Labor Rights (CRN8), member of the 2014 LSA Article Prize Committee, and member of the Association's Diversity committee. 

On  June 1, Professor Sternlight will take part in a roundtable discussion titled "Mandatory Arbitration Agreements: Promoting Efficiency or Exploiting Inequality?" Her presentation will discuss how companies are using mandatory arbitration to make it more difficult for consumers and employees to obtain legal representation and thus obtain access to justice.

A recognized expert in the field of labor and employment law, Professor Garcia teaches Labor Law, Employment Law, Constitutional Law, and Professional Responsibility at the Boyd School of Law. He has been quoted in the Los Angeles Times, the Wall Street Journal, and the Las Vegas Review-Journal, among others, and has appeared on national and local radio and television programs.

Professor Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

Professors Anne Traum, Leslie Griffin, and Jean Sternlight To Attend 2014 District Court Conference

Professors Anne Traum, Leslie C. Griffin and Jean Sternlight will attend the 2014 United States District Court Conference on May 8 in Reno, Nev.

The conference provides members of the Bar with the opportunity to interact with federal judges, while learning more about federal practice.

Professor Traum is attending as a Lawyer Representative who has also served on the Conference's planning committee.

Professor Griffin will be speaking at the conference on the subject of important Supreme Court cases of 2013.

Professor Sternlight will speak on the issue of unethical behavior in the legal profession. She'll  provide insight into why attorneys are often able to resist substantial pressure to act unethically, and will additionally explore steps that lawyers and organizations can take to guard against unethical missteps.

Professor Jean Sternlight Recognized by Legal Ethics Forum

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

Professor Sternlight was recently recognized by the Legal Ethics Forum for coining the title of the new "Behavioral Legal Ethics Blog." The idea for the blog originated at Boyd's Psychology and Lawyering Conference, which took place from Feb. 21 to 22 in the Thomas & Mack Moot Court Facility.

Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

Professors Jean Sternlight and Lydia Nussbaum to Facilitate University-wide Talk April 9

From left: Jean Sternlight & Lydia Nussbaum

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law. Lydia Nussbaum is an Associate Professor of Law, Director of the Strasser Mediation Clinic, and Associate Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

On April 9, Professors Sternlight and Nussbaum will give a University-wide talk sponsored by the UNLV Women's Council on the topic of "Negotiation Strategies for Women." In addition to discussing social science literature regarding how negotiation styles may differ by gender, their talk will provide practical tips on how to negotiate in personal and professional settings.

This event is sponsored by the UNLV Office of the Vice President and Provost.

The event will begin at 11:30 a.m. in Room 208B of the Student Union. Reservations are required and can be made by emailing Women'sCouncil@unlv.edu by March 26.

Professor Jean Sternlight to Speak at U.C. Berkeley School of Law

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

On Feb. 27, she will make a presentation at the U.C. Berkeley School of Law entitled "Disarming Employees? Examining Case Outcomes and Legal Representation in Employment Arbitration."

This talk is part of a conference on forced arbitration in the workplace. To learn more about the conference, visit http://bjell.weebly.com/.

Professor Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

Members of Boyd Community Featured in COMMUNIQUÉ

Several members of the William S. Boyd School of Law community are highlighted in the December issue of COMMUNIQUÉ, the Clark County Bar Association's magazine. 

In an article titled Local Legal Community Supports Boyd Law School's Annual Client Counseling Competition, Professor Jean Sternlight and alumna Kelly Stout '10 are quoted. Professor Sternlight notes, "That the second place team, Cameron and Brian, is eligible to represent Boyd at the ABA Regional Competition that will take place in mid-February at Santa Clara University. The first place team will represent Boyd at the regional in spring 2015." In the article, Stout says, "I want to extend a huge thank you to all of the people who gave up part of their weekend and volunteered as clients and judges..."

Boyd alumna Nedda Ghandi '08 is featured in the News & Notes section of the December issue. She is pictured with Senior U.S. District Court Judge Lloyd D. George after a presentation she gave during the Downtown Cultural Series.

Boyd alumna Eunice Beattie '06 is spotlighted as the Volunteer of the Month. "While pro bono service has always been an interest, she credits her work with Gordon Silver for allowing her the freedom to provide service to the community. Eunice has provided pro bono representation to clients in a number of areas including divorce, consumer fraud and landlord-tenant matters as well as advocating on behalf of abused and neglected children through the Children's Attorneys Project," the article reads.

Professor Jean Sternlight Writes Article for ADR Prof Blog

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

On Dec. 16, she wrote for the ADR Prof Blog an article titled Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?

"These have been very bleak times for those, like me, who abhor mandatory arbitration because they think it disserves consumers, employees, and others," her article reads. It continues, "However, the new year may bring some new cause for optimism. As Paul Kirgis noted in his recent post the Consumer Financial Protection Board has just issued a preliminary report providing lots of new empirical information regarding aspects of consumer arbitration."

Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

Professor Jean Sternlight Cited in The New York Times

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

On Dec. 6, she was cited in The New York Times article Hyundai Reverses Policy on Settling Warranty Disputes.

Until recently, Hyundai had a policy that required warranty disputes to be settled through binding arbitration, unless Hyundai owners opted out of the agreement within 90 days of purchasing their vehicle.

"Hyundai could also have used its policy to discourage owners who could not afford their own lawyers from joining class-action suits, said Jean Sternlight, a law professor at the University of Nevada, Las Vegas who studies arbitration," the article reads. 

Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

American Express Co. v. Italian Colors Restaurant Guts Enforcement of Federal Laws

By Jean Sternlight

The Supreme Court’s decision today in American Express v. Italian Colors is ghastly, at least from the perspective of those who believe that federal laws ought to be enforced. In a 5-3 decision the Court (per Justice Scalia) held that it is perfectly acceptable for companies to use arbitration clauses to insulate themselves from federal claims that might be brought by potential adversaries. Specifically, the Court found that it was fine for American Express to prevent restaurant owners from joining together in a class action to bring an antitrust claim, even though it was undisputed that absent collective action the restaurant owners could not feasibly bring the claim either in arbitration or litigation.

Many of you who have taught arbitration may wonder how this holding can be squared with the Supreme Court’s prior decisions stating that arbitration cannot be used to prevent the “effective vindication” of a federal statutory right. See Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. & Green Tree Financial Corp.-Ala. v. Randolph.

Perhaps the only positive thing I can say about this decision is that Justice Scalia is forthright about the fact that the decision spells doomsday for many consumer and small business claims. The opinion states “the antitrust laws do not guarantee an affordable procedural path to the vindication of every claim.” That is, the Court finds that it is fine for a company to use arbitration to effectively prevent persons from bringing claims, so long as the company does not altogether eliminate the right to pursue that claim in theory. “[T]he fact that it is not worth the expense involved in proving a statutory remedy does not constitute the elimination of the right to pursue that remedy."

With this decision the Court has also fully endorsed companies’ use of mandatory arbitration provisions to block access to justice rather than to provide an alternative means of obtaining access to justice. There is no pretense in the decision that the restaurants would or could pursue their claims individually in arbitration. As Justice Kagan aptly explains in dissent, “[t]he monopolist gets to use its monopoly power to insist on a contract effectively depriving its victims of all legal recourse.” She therefore calls this decision a “betrayal” of the Court’s precedents. Through its decision the Court has made clear that the FAA can be used not to redirect claims to an alternative streamlined forum, but rather to (in Justice Kagan’s words) “block the vindication of meritorious federal claims and insulate wrongdoers from liability.”

So now what? One needs no crystal ball to predict that this decision will unleash a new rash of companies issuing arbitration clauses that preclude class actions. These clauses will be designed to block consumer, employee and small business claims entirely rather than redirect those claims to arbitration.

Is this decision horrible enough that it will inspire Congress to take some action? If Congress cares to ensure the enforceability of its laws it could take any of several steps: (1) pass the Arbitration Fairness Act to prevent companies from imposing arbitration on consumers, employees, or small businesses; (2) pass legislation (as Professor Sarah Cole has proposed) to prevent companies from using arbitration to insulate themselves from class actions; or (3) set up and fund strong government agencies that are able to do all the enforcement that is needed of federal laws. Alternatively, Congress may choose to do nothing and allow companies to violate federal laws at will. Unfortunately my crystal ball is not good enough to know which way Congress will go.

Professor Jean Sternlight Quoted in The New York Times

Jean Sternlight is the Michael and Sonja Saltman Professor of Law and the Director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

On June 14, she was quoted in The New York Times article Automakers Push Back Against Consumer Protections. “So one of the main benefits from the company’s standpoint is to eliminate claims against the company,” she said.

Sternlight is nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution.

Professor Sternlight Places Latest Article in the Arizona State Law Journal

The Boyd School of Law is very pleased to announce that Professor Jean Sternlight has placed her latest law review article, "Behavioral Legal Ethics" (with Jennifer Robbennolt), in the Arizona State Law Journal.

The abstract for "Behavioral Legal Ethics" provides:  "Complaints about lawyers’ ethics are commonplace. While it is surely the case that some attorneys deliberately choose to engage in misconduct, psychological research suggests a more complex story. It is not only 'bad apples' who are unethical. Instead, ethical lapses can occur more easily and less intentionally than we might imagine. In this paper, we examine the ethical 'blind spots,' slippery slopes, and 'ethical fading' that may lead good people to behave badly. We then explore specific aspects of legal practice that can present particularly difficult challenges for lawyers given the nature of behavioral ethics—complex and ambiguous ethical rules and standards, agency relationships, the ethos of the adversarial system, the financial and temporal pressures of modern legal practice, positions or feelings of relative status or power, and cues or pressure from others. The psychology we present provides substantial insight into why attorneys sometimes behave unethically, why attorneys may have difficulty curbing or reporting the unethical conduct of their clients or fellow attorneys, and why it is often difficult for attorneys to see and learn from their own ethical missteps and the missteps of others. At the same time, the psychological research also provides insight into why attorneys are often able to resist substantial pressure to act unethically. We draw on the psychological research to make suggestions for how individual attorneys and legal employers can enhance their approach to ethics."

Professor Sternlight serves as the Michael and Sonja Saltman Professor of Law and Director of the Saltman Center for Conflict Resolution at Boyd School of Law. Nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution, Professor Sternlight has co-authored texts on alternative dispute resolution, arbitration, and mediation, and has published numerous articles in many journals including the University of Pennsylvania Law Review, the Stanford Law Review, and Law and Contemporary Problems.

Congratulations, Jean!