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Edward F. Sherman

David Boies Distinguished Chair in Law Emeritus
AB, 1959, Georgetown University; MA, 1962, MA, 1967, University of Texas at El Paso; LLB, 1962, SJD, 1981, Harvard University

E-mail:  esherman@tulane.edu
Telephone:  504.865.5979
Office:  Weinmann Hall, Room 216-G


Edward Sherman is an authority on complex litigation and civil trials, a pioneer on Alternative Dispute Resolution techniques (negotiation and mediation) and arbitration, and he teaches Military Law.
He joined Tulane Law School as Dean in 1996, serving until 2001. He previously had spent 19 years on the University of Texas School of Law faculty. He also has taught at Harvard Law School, Indiana University School of Law, Trinity College Dublin, Stanford Law School, University of London, Chuo University School of Law in Tokyo and University of New South Wales in Sydney, Australia.

Sherman is co-author of casebooks on civil procedure, complex litigation and alternative dispute resolution that are used in law schools around the country, plus some 100 articles that have made important contributions to those fields.

He has been chair or reporter for several American Bar Association task forces, including Civil Justice Improvements, Class Actions, Asbestos Litigation, Offer of Judgment & Loser Pays Rules, Disaster Insurance Coverage and Federal Preemption. The ABA awarded him its 2004 Dean Robert McKay Award “in recognition of a law professor’s commitment to the advancement of justice, scholarship and the legal profession” and a 2008 Special Achievement Award for contributions to ABA conferences on understanding and improving class actions.

Sherman has served as a litigator, expert witness or amicus in ground-breaking cases involving mass torts and jurisdiction over foreign corporations, and the constitutional rights of academics and students, military and citizens for such organizations as the American Association of University Professors (AAUP), American Civil Liberties Union, the State Bar of Texas and the Louisiana State Bar Association.
He was a principal drafter of the Texas and Louisiana mediation statutes and the Republic of Vietnam’s Code of Civil Procedure through a USAID project. He also has been general counsel of the AAUP and Texas Civil Liberties Union.

Spring 2015 - Alternative Dispute Resolution; Jurisprudence, Legal Profession & Law


Civil Procedure: A Modern Approach (with Marcus, Redish, & Pfander)(West Pub. Co. 6th ed. 2012).

“Judicial Supervision of Attorney Fees in Aggregate Litigation: The American Vioxx Experience as Example for Other Countries,” in Common Law, Civil Law, and the Future of the Categories, eds. Oscar Chase & Janet Walker (2d ed. 2012)

“Access of Transnational Litigation to American Courts: Rethinking the Adequacy of Alternative Forum and Interests in Global Efficiency,” in Beyond Territoriality: Transnational Legal Authority in an Age of Globalism, eds. Gunther Handl, Joachim Zekoll & Peer Zumbansen (Brill, 2012).

“Handling ‘Mass Harms’ Litigation Through Consolidation,” XLVI Revue de Droit Compare 51 (The Institute of Comparative Law in Japan)(2012)

“Compensating Victims of Mass Disasters Through the Court System: Procedural Challenges and Innovations,” Proceedings of the International Conference of the International Association of Procedure, Moscow, Russia, Sept. 17-21, 2012.

“Report to the National Institute for Military Justice as Official Observer at Pre-trial Proceedings of Defendant Kalid Sheik Mohammed,” U.S. Military Commission, Guantanamo, Aug. 20-23, 2012.

"The MDL Model for Resolving Complex Litigation If a Class Action Is Not Possible," 82 TUL. L. REV. 2205 (2008)
 “Consumer Class Actions: Decline and Fall?,” ABA JOURNAL 51 (June 2007)
“Dean Pound’s Dissatisfaction with the ‘Sporting Theory of Justice’: Where Are We a Hundred Years Later?,” 48 SO. TEX. L. REV. 983 (2007)
Class Action Fairness Act and the Federalization of Class Actions,” 259 Federal Rules Decisions 504 (2007).
“Transnational Perspectives Regarding the Federal Rules of Civil Procedure,” 57 Journal of Legal Education --- (2007).
“Class Actions After the Class Action Fairness Act of 2005,” 80 Tulane L. Rev. 1593 (2006).
“Segmenting Aggregate Litigation: Initiatives and Impediments for Reshaping the Trial Process,” 25 Review of Litigation 691 (2006)
“Introduction to the Symposium on Complex Litigation: Plagued by Concerns over Federalism, Jurisdiction and Fairness,” 37 Akron L. Rev. 589 (2004).
“American Class Actions: Significant Features and Developing Alternatives in Foreign Legal Systems,” 215 Federal Rules Decisions 130 (2003).
“Evolving Military Justice,” 67 Journal of Mlitary History 999 (July 2003).
“Courting Controversy: Class Action Practice in the United States,” 2 Legal Week Global (UK) 22 (April 2003).
Emerging Mechanisms for Aggregation and Group Litigation in Foreign Legal Systems: Variations and Alternatives to Class Actions (8th Annual Clifford Symposium on Tort Law and Social Policy, April 19, 2002),__ DEPAUL L. J. __ (forthcoming 2002)
Who, Where and How Should the Guantanamo Detainees Be Tried?, NEW ORLEANS TIMES PICAYUNE, March 4, 2002
Military Commissions Aren't the Only Option, NEW ORLEANS TIMES PICAYUNE, December 3, 2001
Amendments to Rule 11 Have Cut Number of Sanction Motions (interview), 26 ABA LITIGATION NEWS 8 (2001)
Class Action Practice in the Gulf South, 74 TUL. L. REV. 1603 (2000)
Implications for the Future of Legal Education in Response to NAFTA and Growing Global Trade Relations, 47 LA. B. J. 391 (2000)
Response to Professionalism, 47 LA. B. J. 324 (2000)
Professionalism and Law Schools, 47 LA. B.J. 324 (1999)
The Evolution of American Civil Trial Process Towards Greater Congruence with Continental Trial Practice, 7 TUL. J. INT'L & COMP. L. 125 (1999)
Introduction: A Tribute to Professor Athanassios Yiannopoulos, 73 TUL. L. REV. 1017 (1999)
From “Loser Pays” to Modified Offer of Judgment Rules: Reconciling Incentives to Settle with Access to Justice, 76 TEX. L. REV. 1863 (1998)
"Good Faith" Participation in Mediation: Aspirational, Not Mandatory, 4 DISP. RES. MAG. 14 (1997)
Confidentiality in ADR Proceedings: Policy Issues Arising from the Texas Experience, 38 S. TEX. L. REV. 541 (1997)
Complex Litigation: Aggregating Related Cases for Unitary Disposition, 30 COMP. L. REV. 57 (1996)
The Impact on Litigation Strategy of Integrating Alternative Dispute Resolution into the Pretrial Process, 15 REV. LITIG. 503; reprinted in 168 F.R.D. 75 (1996)
Incorporating Alternative Dispute Resolution into the Litigation Process: The Present and the Future-An Introduction to the Symposium, 15 REV. LITIG. 451 (1996)
Antisuit Injunction and Notice of Intervention and Preclusion: Complementary Devices to Prevent Duplicative Litigation, 1995 B.Y.U. L. REV. (1995)

Standards of Professional Conduct in Alternative Dispute Resolution, 1995 J. DISP. RESOL. 95

Tradition and Innovation in International Arbitration Procedure (with Rau), 30 TEX. INT'L L.J. 89 (1995)
A Process Model and Agenda for Civil Justice Reforms in the States, 46 STAN. L. REV. 1553 (1994)
Managing Complex Litigation: Proceedures and Strategies for Lawyers and Courts, 57 TEX. B.J. 149 (1994)
Court-Mandated Alternative Dispute Resolution: What Form of Participation Should Be Required?, 46 S.M.U. L. REV. 2079 (1993)
Judge Jerre Wiliams: A Worthy Academic Career, 72 TEX. L. REV. ix (1993)
Aggregate Disposition of Related Cases: The Policy Issues, 10 REV. LITIG. 231 (1991)
A Social Psychology of Citizens- Objections to Authority: A Review of Crimes of Obedience, 17 AM. J. CRIM. L. 287 (1990)
The Immigration Laws and the “Right to Hear” Protected by Academic Freedom, 66 TEX. L. REV. 1547 (1988)
Reshaping the Lawyer's Skills for Court-Supervised Alternative Dispute Resolution, 51 TEX. B.J. 47 (1988)
The Role of Religion in School Curriculum and Textbooks, 74 ACADEME 17 (1988)
Prisoners' Rights (Fifth Circuit Survey), 19 TEX. TECH L. REV. 797 (1988)
Prisoners' Rights (Fifth Circuit Survey), 18 TEX. TECH L. REV. 655 (1987)
Class Actions and Duplicative Litigation, 62 IND. L.J. 507 (1987)
Relationship Between Issues and Instructions in Texas Special Issues Practice, INST. ON JURY SUBMISSION (State Bar of Texas 1985)
Implementing the New Preference for Broad Issues in Texas Special Issues Practice, 4 ADVOCATE 2 (1985)
Restructuring the Trial Process in the Age of Complex Litigation, 63 TEX. L. REV. 721 (1984)
The Role of the Judge in Discovery, 3 REV. LITIG. 89 (1982)
Federal Court Discovery in the 80's - Making the Rules Work, 2 REV. LITIG. 9 (1981); reprinted in 95 F.R.D. 245 (1982)
Traditional and Developing Concepts of Governmental Liability, INST. ON PUBLIC LAW LIABILITY OF PUBLIC OFFICIALS AND EMPLOYEES (State Bar of Texas, 1981)
The Development, Discovery, and Use of Computer Support Systems in Achieving Efficiency in Litigation, 79 COLUM. L. REV. 267 (1979)
A Special Kind of Justice, 84 YALE L.J. 373 (1974)
Legal Inadequacies and Doctrinal Restraints in Controlling the Military, 49 IND. L.J. 538 (1974)
Military Justice Without Military Control, 82 YALE L.J. 1398 (1973)
The Military Courts and Servicemen's First Amendment Rights, 22 HASTINGS L.J. 325 (1971)
Congressional Proposals for Reform of Military Law, 10 AM. CRIM. L. REV. 25 (1971)
The Civilianization of Military Law, 22 ME. L. REV. 3 (1970)
Judicial Review of Military Determinations and the Exhaustion of Remedies Requirement, 55 VA. L. REV. 483; reprinted in 48 MIL. L. REV. 91 (1970) (1969)
The Right to Representation by Out-of-State Attorneys in Civil Rights Cases, 4 HARV. C.R.-C.L. L. REV. 65 (1968)
The Right to Competent Counsel in Special Courts Martial, 54 A.B.A. J. 866 (1968)
The Use of Public Opinion Polls in Continuance and Venue Hearings, 50 A.B.A. J. 357 (1964)

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