Professor E. Gary Spitko has authored over thirty publications in the areas of arbitration, donative transfers, employment law, and sexual orientation and the law. He is the author of ‘Antigay Bias in Role-Model Occupations’ (University of Pennsylvania Press 2017) which explores how employment discrimination has been used to reinforce social understandings about the inferior nature of gay people by disassociating gay people from certain positive qualities and values while strengthening the association between these qualities and values and the heterosexual majority and its institutions. Professor Spitko’s scholarship has appeared in the Washington University Law Quarterly, the Iowa Law Review, the U.C. Davis Law Review, the Indiana Law Journal, the Washington and Lee Law Review, the Georgia Law Review, the Arizona Law Review, the Florida Law Review, the University of Colorado Law Review, and the Harvard Negotiation Law Review, among others. In 2017, Santa Clara University named Professor Spitko the recipient of its University Award for Recent Achievement in Scholarship.
Professor Spitko previously served as the Law School’s Associate Dean for Research (2019-2021) and as the Faculty Director of the Law School’s Conflict Resolution Program (2017-2020). He is an Academic Fellow of the American College of Trust and Estate Counsel. He is a past Chair of the AALS Section on Donative Transfers and previously served on the Executive Committee of the AALS Section on Dispute Resolution. Professor Spitko is also an arbitrator on rosters of the American Arbitration Association (since 2011) and the International Center for Conflict Prevention & Resolution (since 2021).
Professor Spitko earned his A.B., with distinction in all subjects, from Cornell University and his J.D., with high honors, from the Duke University School of Law, where he was elected to Order of the Coif. While a law student at Duke, he served as an editor of the Duke Law Journal and as the executive editor of the Duke Environmental Law and Policy Forum. Following law school, he served as a law clerk for the Honorable Gerald Bard Tjoflat, who was then Chief Judge of the U.S. Court of Appeals for the Eleventh Circuit. He practiced law for several years as an associate at Covington & Burling in Washington, D.C., and at Paul Hastings in Atlanta, Georgia where his practice focused exclusively on employment law. Prior to joining the Santa Clara University School of Law faculty in 2002, Professor Spitko was an assistant professor and then an associate professor at the Indiana University McKinney School of Law. He also has taught as a visiting professor at the Ohio State University Moritz College of Law.
J.D., with high honors, Order of the Coif, Duke University School of Law, 1991
A.B., with distinction in all subjects, Cornell University, 1987
Areas of Specialization
Arbitration, Donative Transfers, Employment Law, and Sexual Orientation and the Law
Affiliations and Honors
Faculty Scholar, Markkula Center for Applied Ethics
Academic Fellow, American College of Trust and Estate Counsel
Executive Committee, Section on Dispute Resolution, Association of American Law Schools, 2015-2018
Arbitrator, American Arbitration Association (Roster of Neutrals for employment law cases), 2011-present
Director, Santa Clara Law Study Abroad Program in Oxford, U.K., 2016; Sydney, Australia, 2006-07
Chair (2006), Program Chair (2005), Executive Committee (2003-08), Section on Donative Transfers, Association of American Law Schools