Robert S. Smith
Encyclopedia
Robert Sherlock Smith is an Associate Judge of the New York Court of Appeals
, New York's highest court.
in 1944, and grew up in Massachusetts
and Connecticut
. He graduated from Stanford University
in 1965 and from Columbia Law School
in 1968, where he was editor-in-chief of the law review.
, taking a one-year leave of absence in 1980-81 to serve as Visiting Professor from Practice at Columbia Law School.
In private practice, Smith was best known for representing a shopping center in a case, Shad Alliance v. Smith Haven Mall, that established that the right of free speech does not apply in shopping centers; for representing United Airlines' pilots' union in its attempt to take over United Airlines
; and for arguing two death penalty appeals before the United States Supreme Court.
On November 4, 2003, he was appointed by Governor
George Pataki
to the Court of Appeals. During his first year, he emerged as the court's most vigorous questioner from the bench.
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, New York's highest court.
Early life and education
Smith was born in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
in 1944, and grew up in Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
. He graduated from Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
in 1965 and from Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
in 1968, where he was editor-in-chief of the law review.
Legal career
From 1968 to 2003 he practiced law in New York City with the firm of Paul, Weiss, Rifkind, Wharton & GarrisonPaul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison LLP is a law firm headquartered on Sixth Avenue in New York City. The firm has well-noted expertise in its corporate, personal representation, entertainment law and litigation practices, having long been a leader among national litigation firms...
, taking a one-year leave of absence in 1980-81 to serve as Visiting Professor from Practice at Columbia Law School.
In private practice, Smith was best known for representing a shopping center in a case, Shad Alliance v. Smith Haven Mall, that established that the right of free speech does not apply in shopping centers; for representing United Airlines' pilots' union in its attempt to take over United Airlines
United Airlines
United Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees (which includes the entire holding company United Continental...
; and for arguing two death penalty appeals before the United States Supreme Court.
On November 4, 2003, he was appointed by Governor
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
George Pataki
George Pataki
George Elmer Pataki is an American politician who was the 53rd Governor of New York. A member of the Republican Party, Pataki served three consecutive four-year terms from January 1, 1995 until December 31, 2006.- Early life :...
to the Court of Appeals. During his first year, he emerged as the court's most vigorous questioner from the bench.
Notable opinions
- He wrote a plurality opinion in Pataki v. Silver, upholding the Governor's power over the state budget.
- He wrote a dissent in People v. LaVallePeople v. LaVallePeople v. LaValle, 3 N.Y.3d 88 , was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of the statute's direction on how the jury was to be instructed...
,http://www.courts.state.ny.us/ctapps/decisions/jun04/71opn04.pdf in which the majority ruled that the death penalty was unconstitutional. - On July 6, 2006, Smith wrote the main opinion in Hernandez v. Robles,http://www.courts.state.ny.us/ctapps/decisions/jul06/86-89opn06.pdf a 4-2 decision, declaring that same-sex marriage in New YorkSame-sex marriage in New YorkSame-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day...
was not constitutionally required, and was to be left to the legislature. Chief Judge Judith KayeJudith KayeJudith S. Kaye is a retired New York judge who served as Chief Judge of New York from March 23, 1993 until December 31, 2008. She was the first woman to occupy the State Judiciary's highest office.-Early life and education:...
wrote the dissent. - On October 23, 2007, in People v. Taylor,http://www.nycourts.gov/ctapps/decisions/oct07/123opn07.pdf he chose to side with the majority in upholding People v. LaVallePeople v. LaVallePeople v. LaValle, 3 N.Y.3d 88 , was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of the statute's direction on how the jury was to be instructed...
, http://www.courts.state.ny.us/ctapps/decisions/jun04/71opn04.pdf on the grounds of stare decisisStare decisisStare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
.