Texas Tech University

Robert T. Sherwin

Associate Professor of Law, 2013; Director, Advocacy Programs, 2008

Email: robert.sherwin@ttu.edu

Phone: (806) 834-7288

In the fall of 2008, Professor Sherwin returned to the Texas Tech University School of Law—his alma mater—to direct the storied Red Raider advocacy program. Since then, the law school's interscholastic advocacy teams have claimed 73 state, regional, national, and international championships, along with 75 Best Brief and Best Advocate awards.

In 2016, Professor Sherwin led Tech Law's moot court program to the number-one national ranking by the University of Houston's Blakely Advocacy Institute. Over a three-year period, he coached the law school's teams to three national championships at both of the nation's two major moot court tournaments—the 190-team National Moot Court Competition in 2011 and 2012, and the 225-team ABA National Appellate Advocacy Competition in 2013. In 2016, the law school again claimed the national championship at the National Moot Court Competition. Tech Law's moot court successes set it apart as one of just three programs in the country to be ranked in the top 10 by the Blakely Advocacy Institute each of the past ten years.

In addition to directing the Tech Law advocacy program, Professor Sherwin teaches Entertainment Law, Commercial Litigation, Trial Advocacy, and Appellate Advocacy. His scholarship primarily explores issues at the intersection of intellectual property and civil procedure. He has written extensively on the subject of litigation bullying, including Strategic Lawsuits Against Public Participation, or “SLAPP” suits. In 2017, his work in this area led to his appointment as the Reporter on the Uniform Law Commission's Drafting Committee on Anti-SLAPP Legislation. In that capacity, he will be responsible for crafting what the Commission hopes will be a uniform anti-SLAPP law to be used by state legislatures across the country.

From 2001 through 2007, Professor Sherwin was an associate at the Fort Worth firm of Brackett & Ellis, P.C. He maintained a diverse litigation and appellate practice, representing clients in copyright and trademark disputes, complex business litigation, and antitrust matters. He was named a “Rising Star” by Texas Monthly magazine in 2007 and 2008 and a “Top Attorney” by Fort Worth, Texas magazine in 2006 and 2007. He is admitted to practice in Texas, the Supreme Court of the United States, and the United States District Courts for the Northern and Eastern Districts of Texas.

SSRN: http://ssrn.com/author=2530663

Photo Description

Education

  • B.S., magna cum laude, Texas Christian University, 1998
  • J.D., cum laude, Texas Tech University School of Law, 2001

Courses

  • Commercial Litigation
  • Entertainment Law
  • Appellate Advocacy
  • Trial Advocacy

Selected Publications and Presentations

Shoot First, Litigate Later: Declaratory Judgment Actions, Procedural Fencing, and Itchy Trigger Fingers, 70 Oklahoma Law Review 793 (2018).

Evidence? We Don't Need No Stinkin' Evidence!: How Ambiguity in Some States' Anti-SLAPP Laws Threatens to De-Fang a Popular and Powerful Weapon Against Frivolous Litigation, 40 Columbia Journal of Law & the Arts 431 (2017).

#havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags is Unnecessary, Duplicative, and Downright Dangerous, 29 Harvard Journal of Law & Technology 455 (2016).

Clones, Thugs, ‘N (Eventual?) Harmony: Using the Federal Rules of Civil Procedure to Simulate a Statutory Defamation Defense and Make the World Safe from Copyright Bullies, 64 DePaul Law Review 823 (2015).

Tie Goes to the Runner! (Or Does it?): One Lawyer's Take on Baseball's Rules and an Age-Old Argument Settler, presented at the National Baseball Hall of Fame's Cooperstown Symposium on Baseball and American Culture, June 2016.

The Moot Court Competition Brief and Pedagogy: How Coaches and Advisors Can Teach When Competition Rules Seem to Prevent It, presented at Legal Writing Institute Moot Court Conference, October 2014.

Lessons From Our Founding Fathers: The Art of Negotiating as an Inherent Principle in Successful Advocacy, (co-presenter), presented at Legal Writing Institute Biennial Conference, July 2014.

“Source” of Protection: The Status of the Reporter's Privilege in Texas and a Call to Arms for the State's Legislators and Journalists, 32 Texas Tech Law Review 137 (2000).

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