Edward F. Sherman

Education

Policy stances

• Clients should generally attend ADR proceedings.
• There should be an exception to the mediator-confidentiality privilege when a court needs to obtain information relevant to determining compliance with a court order to participate in ADR in good faith.

  Awards

• 2004 winner of the ABA Robert B. McKay Award for the law professor who had contributed most to the advancement of justice, scholarship and the legal profession.

  Publications

Books

• .
• .
• .
• Texas ADR & Aribration: Statutes and Commentary .
• ADR and Civil Procedure .
• Cases and Materials on Military Law: The Scope of Military Authority in a Democracy .

  Articles

• "The MDL Model for Resolving Complex Litigation If a Class Action Is Not Possible," 82 TUL. L. REV. ___.
• “Consumer Class Actions: Decline and Fall?,” ABA JOURNAL 51.
• “Evolving Military Justice,” 67 Journal of Military History 999.
• The Evolution of American Civil Trial Process Towards Greater Congruence with Continental Trial Practice, 7 TUL. J. INT'L & COMP. L. 125.
• Introduction: A Tribute to Professor Athanassios Yiannopoulos, 73 TUL. L. REV. 1017.
• From “Loser Pays” to Modified Offer of Judgment Rules: Reconciling Incentives to Settle with Access to Justice, 76 TEX. L. REV. 1863.
• "Good Faith" Participation in Mediation: Aspirational, Not Mandatory, 4 DISP. RES. MAG. 14.
• Confidentiality in ADR Proceedings: Policy Issues Arising from the Texas Experience, 38 S. TEX. L. REV. 541.
• A Process Model and Agenda for Civil Justice Reforms in the States, 46 STAN. L. REV. 1553.
• Managing Complex Litigation: Procedures and Strategies for Lawyers and Courts, 57 TEX. B.J. 149.
• Court-Mandated Alternative Dispute Resolution: What Form of Participation Should Be Required?, 46 S.M.U. L. REV. 2079.
• The Immigration Laws and the “Right to Hear” Protected by Academic Freedom, 66 TEX. L. REV. 1547.
• Restructuring the Trial Process in the Age of Complex Litigation, 63 TEX. L. REV. 721.
• Traditional and Developing Concepts of Governmental Liability, INST. ON PUBLIC LAW LIABILITY OF PUBLIC OFFICIALS AND EMPLOYEES.
• The Development, Discovery, and Use of Computer Support Systems in Achieving Efficiency in Litigation, 79 COLUM. L. REV. 267.
• A Special Kind of Justice, 84 YALE L.J. 373.
• Military Justice Without Military Control, 82 YALE L.J. 1398.
• Congressional Proposals for Reform of Military Law, 10 AM. CRIM. L. REV. 25.
• The Right to Representation by Out-of-State Attorneys in Civil Rights Cases, 4 HARV. C.R.-C.L. L. REV. 65.
• The Use of Public Opinion Polls in Continuance and Venue Hearings, 50 A.B.A. J. 357.