Intellectual Life - Professors in Action

The Saltman Center for Conflict Resolution at the William S. Boyd School of Law at UNLV continues to build on its global reputation for impactful writing and research in the multidimensional realm of dispute resolution. Those contributions continued in 2022, with Boyd Law faculty advancing their understanding of disputes and dispute resolution through their published articles, as well as live and virtual presentations around the world.

Here is a sampling of their work:

Professor Lydia Nussbaum published her article, Creating Opportunities to “Prepare, Perform, and Reflect” in a Doctrinal Family Law Course, in a special issue of the Family Court Review focused on dynamic pedagogy. On April 28, Professor Nussbaum co-presented “Multi-Purpose Mediators:” Adapting Dispute Resolution in Times of Crisis with Deanna Pantín Parish at the virtual ABA Dispute Resolution Section Annual Conference. On October 4, Professor Nussbaum presented How to have Difficult Conversations for the Nevada State Bar’s Diversity, Equity, and Inclusion CLE series. On October 7, Professor Nussbaum presented Grieving from Prison at the AALS ADR Section Annual Works-in-Progress Scholarship Program. On October 19, Professor Nussbaum presented Mediator Burnout for the Maryland Program on Mediator Excellence.

Jean Sternlight, the founding Director of the Saltman Center for Conflict Resolution and the Michael and Sonja Saltman Professor of Law, published with her co-author Jennifer K. Robbennolt, High-Tech Dispute Resolution: Lessons from Psychology for a Post-Covid-19 Era, 71 DePaul L. Rev. 701 (2022). Professor Sternlight also wrote an article, Carrie Menkel-Meadow: Leading Us Towards Justice AND Peace, 10 Tex. A&M L. Rev. (forthcoming 2022-2023). Professor Sternlight also presented High-Tech Dispute Resolution: Lessons from Psychology for a Post-Covid-19 Era at The Touro Law Center (March 23, 2022); Psychological Insights re: Online Dispute Resolution at the ABA Section on Dispute Resolution Annual Conference (April 27, 2022); and The Psychology of Online Mediation to the Nevada Juvenile Dependency Mediation Program (June 13, 2022).

Writing with Nebraska's Professor Tierney, Professor Ben Edwards has a new paper, Secretly Recidivist Stockbrokers: An Error Cost Theory of BrokerCheck Expungement, arguing for changes to the arbitration-facilitated process for deleting stockbroker misconduct records. Professor Edwards has previously written on this topic and his comment letters have driven significant changes in prior rulemakings.

Professor Eve Hanan, also Associate Dean for Faculty Development and Research, was a discussant at the AALS Annual Meeting’s ADR Section Program Court Based Restorative Justice: Hope or Hype? (January 2022). Professor Hanan also gave a lecture, Terror and Tenderness in Criminal Law, at Georgia State University School of Law (February 2022) and presented a version of that project at the Law & Society Association’s Global Conference in Lisbon, Portugal (July 2022), where she also was a discussant for Politics in and of Punishment, as well as Emotional Labor in Advocacy and Legal Decision-Making. In March 2022, Professor Hanan presented on Criminal Settlement Conferences to the Judicial Division of the ABA. Additionally, she presented Care, the Carceral State, and the Public Defender at the AALS Section on Clinical Legal Education Annual Conference (May, 2022). Finally, she presented Remorse and Restorative Justice in Serious Vehicular Crimes for the National Association of Criminal Defense Lawyers at Planet Hollywood in Las Vegas on September 29, 2022.

Professor Marketa Trimble, the Samuel S. Lionel Professor of Intellectual Property Law, wrote Transnational Judicial Competition in Intellectual Property Law, which will be published in Improving Intellectual Property: A Global Project in 2023. This contribution to a forthcoming edited volume discusses the recognition problem that occurs when a court is presented with multiple foreign judgments and must decide which, if any, of the foreign judgments it will recognize. Professor Trimble also published The Public Policy Exception and International Intellectual Property Law, Annali Italiani del Diritto D’Autore, Della Cultura e Dello Spettacolo (2021). The article discusses the effect international treaties on intellectual property law have (or should have) on the public policy exception in transnational litigation. Professor Trimble also published Res Judicata and Unclaimed Foreign Copyright Infringement, 22 Yearbook of Private International Law 275 (2020-2021). The article focuses on one discrete issue concerning the doctrine of res judicata: Whether the doctrine can be expanded to cover previously unraised foreign copyright infringement claims arising under the law or laws of a foreign (non-forum) country or countries.

Professor Jeff Stempel, the Doris S. & Theodore B. Lee Professor of Law, continues rapporteur work for Volume II of the UNIDROIT Principles of Reinsurance Contract Law, a model code for resolving reinsurance disputes. The Fourth Edition of his co-authored textbook, Learning Civil Procedure, was published in 2022, along with articles concerning contract construction and insurance, including What is the Meaning of “Plain Meaning”?, 56 Tort, Trial & Ins. Prac. L.J. 551, and the co-authored Rejecting Word Worship: An Integrative Approach to Judicial Construction of Insurance Policies, 90 U. Cin. L. Rev. 259. Additionally, Professor Stempel most recently presented on The Combative War Exclusion: Past, Present, Future; Theory and Practice as part of the European Law Institute Insurance SIG series Transatlantic Lectures on Insurance Law on September 29, 2022.