Boyd School of Law Names Saltman Senior Scholars

The UNLV William S. Boyd School of Law congratulates Harold Abramson and Lisa Blomgren Amsler on being named Saltman Senior Scholars.

Hal Abramson is a full-time faculty member at Touro Law Center, New York, where he teaches, trains, and writes about how attorneys can effectively represent clients in domestic and international mediations. He also taught full-time for one year at UNLV’s Boyd School of Law, as a visiting professor, and is now a Senior Scholar at UNLV’s Saltman Center for Conflict Resolution. He is an experienced domestic and international commercial mediator and has taught or trained throughout the United States as well as in Australia, China, France, Germany, Hungary, Italy, India, Israel, Netherlands, Russia, Switzerland, South Africa, and Turkey. He currently serves as the first Scholar in (virtual) Residence of the International Academy of Mediators (IAM), serves as a member of the planning committee for the ABA Asian-Pacific International Mediation Summit in Delhi, and is contributing to the work on the international treaty for enforcing mediated settlements pending before UNCITRAL. He served as Chair of the ABA Committee that drafted its mediation representation competition rules and assisted the ICC in Paris in launching its international mediation representation competition. He also served as co-chair of the IMI Task Force in The Hague that designed an Inter-Cultural Mediator Certification Program. Abramson’s publications include two books, Mediation Representation-Advocating as a Problem-Solver (3d ed., 2013, and Recipient of CPR 2004 Book Award) and International Conflict Resolution-ADR Consensual Processes (2005). Professor Abramson also served for nine years as Vice Dean responsible for academic programs, faculty development and international programs and has taught a range of courses including international business transactions, sales, and business organization. He currently teaches courses on dispute resolution and remedies.

Lisa Blomgren Amsler (formerly Bingham) is Professor and Keller-Runden Chair in Public Service at Indiana University's School of Public and Environmental Affairs where she has taught since 1992. She is also a Senior Scholar at UNLV’s Saltman Center for Conflict Resolution. She was Director of the Indiana Conflict Resolution Institute from 1997 to 2007. She has held visiting faculty, scholar, or lecturer positions at the University of California Hasting College of Law, Indiana University School of Law, University of Aberdeen School of Law, and University of California Berkeley Center for the Study of Law and Society. She practiced labor law from 1979 to 1989 at Shipman and Goodwin, where she was a partner from 1984-1989. She has authored over ninety articles, monographs, and book chapters, and edited three books on dispute resolution and collaborative governance. Amsler's research has received awards from the American Bar Association, the Association for Conflict Resolution, the American Society of Public Administration, and the Labor and Employment Relations Association. In 2007, she received the Rubin Theory-to-Practice Award from the International Association for Conflict Management and Harvard Project on Negotiation for research that makes a significant impact on practice. She is an elected fellow of the National Academy of Public Administration. In 2014, she received the American Bar Association Section of Dispute Resolution's Award for Outstanding Scholarly Work. 

Saltman Center 10th Anniversary Promoted on KNPR News

Richard Goldstone, human rights lawyer and judge, on Oct. 28 spoke with KNPR News ahead of his visit to the William S. Boyd School of Law for the Saltman Center for Conflict Resolution’s 10th anniversary celebration.

In the interview, titled “Making Peace: Lessons from Mandela,” Goldstone shared the lessons he learned from the South African leader while leading the commission to resolve the tension stemming from the country’s journey from apartheid to democracy.

Goldstone is one of four panel speakers who will celebrate the center’s anniversary on Nov. 1 by reflecting on Nelson Mandela and his contributions to conflict resolution.

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.

Boyd School of Law Supporters Named 2014 Distinguished Nevadans

Michael and Sonja Saltman are the Co-Founders of the Saltman Center for Conflict Resolution at the Boyd School of Law.

On March 7, they were named to the 2014 Distinguished Nevadans list released by the Nevada System of Higher Education.

The Distinguished Nevadan is the most prestigious award given by the Board of Regents. It is awarded to those who have made significant achievements contributing to Nevada's cultural, scientific or social advancement.

The Saltman Center for Conflict Resolution provides a venue for the advanced study of the nature of conflict and how to resolve it. Through scholarly research, lectures, workshops, and competitions, the Center explores a wide array of disputes—public and private as well as regional, national and international.

“Streetball Hafla” to Air on Vegas PBS Dec. 10

Above is a clipping from the December issue of Vegas PBS Source
Program Magazine about the upcoming airing of "Streetball Hafla"

"Streetball Hafla," a film exploring how basketball can foster harmonious relationships between Jews and Arabs in Israel, will be shown on Vegas PBS on Tuesday, Dec. 10.

The film documents a 2009 basketball tournament in Northern Israel, sponsored and organized by the William S. Boyd School of Law’s Saltman Center for Conflict Resolution and the Anti-Defamation League (ADL). Practicing coexistence and tolerance, 160 Jewish and Arab teens shared rooms, played on the same teams, and went through the ADL’s anti-bias training program during the tournament weekend.

“Streetball Hafla” will be shown on Vegas PBS Channel 10 and 10.1 at 9 and 10:30 p.m.

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 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! 

Professor Sternlight Publishes New Article in the Southwestern Law Review

The Boyd School of Law is very pleased to announce that Jean Sternlight, Director of the Saltman Center for Conflict Resolution and the Michael and Sonja Saltman Professor of Law, recently published a new law review article in the Southwestern Law Review. The article's full citation is Jean R. Sternlight, Mandatory Binding Arbitration Clauses Prevent Customers from Presenting Procedurally Difficult Claims, 42(1) Sw. L. Rev. 87 (2013).

Professor Sternlight's article explores the viability of replacing consumer class actions with individualized consumer arbitration in four parts. A pdf. copy of Professor Sternlight's article is available from the Southwestern Law Review here.

Congratulations, Jean!

Saltman Center Presents Film Screening of Streetball Hafla

The Boyd School of Law is very pleased to announce that the Saltman Center for Conflict Resolution will present a Peace in the Desert film screening and panel discussion of Streetball Hafla on October 23, 2012.

Streetball Hafla, which explores how basketball can foster harmonious relationships between Jews and Arabs in Israel, will be discussed by panelists Sasha Nizgoda, Gilad Berman, Mohammad Nasereddin, Ricky Sobers, Tom Jackovic, and Michael Saltman.

The film screening and panel discussion, which are free and open to the public, will be held on October 23, 2012, at 7:00 p.m. at the UNLV Student Union Theatre. No RSVP is required. A movie trailer for Streetball Hafla is available here. For more information, call (702) 895-2428 or visit the Saltman Center for Conflict Resolution online here.

Professor Sternlight's Psychology for Lawyers Published

The Boyd School of Law is very pleased to announce that Professor Jean Sternlight's latest book, Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making (with Jennifer Robbennolt), was recently published by the American Bar Association.

Lawyers who can harness the insights of psychology will be more effective interviewers and counselors, engage in more successful negotiations, conduct more efficient and useful discovery, more effectively persuade judges and others through their written words, better identify and avoid ethical problems, and even be more productive and happier. Psychology for Lawyers introduces practicing lawyers and law students to some of the key insights offered by the field of psychology. The first part of the book offers a crash course in those aspects of psychology that will be most useful to practicing attorneys, including issues such as perception, memory, judgment, decision making, emotion, influence, communication, and the psychology of justice. The second part applies the insights of research to tasks that lawyers face on a regular basis, including interviewing, negotiating, counseling, and conducting discovery. In addition, the book offers practical suggestions for improving your practice suggestions that are grounded in the science of psychology. In short, by learning more about psychology and how to apply it, lawyers will be more effective, more successful, more ethical, and even happier.

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.

Saltman Center Presents "Northern Ireland: The Path from Conflict to Peace"

The Saltman Center for Conflict Resolution at the William S. Boyd School of Law is very pleased to present a Peace in the Desert™ lecture with Ireland's Ambassador to the U.S., Michael Collins.
Ambassador Collins will give the Saltman Center's annual lecture on May 22, 2012, at 7:00 p.m. in Boyd's Thomas & Mack Moot Court Building.

Ambassador Collins has served as Ireland's Ambassador to the United States since Sept. 18, 2007. With a particular focus on supporting Irish business and economic development, Ambassador Collins also has spoken extensively on contemporary Ireland and the Northern Ireland peace process. Ambassador Collins was named "Diplomat of the Year" by the Los Angeles World Affairs Council in May 2008.

Ambassador Collins' lecture on May 22 is free and open to the public. For more information, go here or call (702) 895-2428.