Since joining the faculty in 2006, Professor Smith has taught Legal Writing & Research, Advocacy, Constitutional Law, and Evidence. His scholarship has addressed legal rhetoric as well as civil and criminal procedure. Before joining the faculty, Professor Smith was a litigator practicing with a number of San Francisco law firms. He also served as law clerk to the late United States District Judge Richard A. Enslen and to the U.S. Department of Labor’s Office of Administrative Law Judges. Professor Smith is a member of the California State Bar and the Legal Writing Institute. His interests outside the law include music, 20th Century art, and running.
J.D., Hastings College of the Law, University of California
B.A., Northeastern University
Articles
“The Rule” and the Constitution: Witness Exclusion and the Right to a Public Trial, 56 U.I.C. L. Rev. 1 (2022) | Link to Digital Commons
United States v. Allen and Judicial Review of Early Pandemic Courtroom Closures, 99 Den. L. Rev. Forum 1 (2022) | Link to Digital Commons
The Online Criminal Trial as a Public Trial, 51 Southwestern Law Review 116 (2021) | Link to Digital Commons
What's in a Name? Strict Scrutiny and the Right to a Public Trial, 57 Idaho L. Rev. 447 (2021) | Link to Digital Commons | Link to Full Text
Legal Education During the COVID-19 Pandemic: Put Health, Safety and Equity First, Catherine J.K. Sandoval, Patricia A. Cain, Stephen F. Diamond, Allen S. Hammond, Jean C. Love, Stephen E. Smith, & Solmaz Nabipour, M.D., 61 Santa Clara L. Rev. 367 (2021) | Link to Digital Commons
The Right to a Public Trial in the Time of COVID-19, 77 Wash. & Lee L. Rev. Online 1 (May 19, 2020) | Link to Digital Commons | Link to Full Text
Asking Too Much: The Ninth Circuit’s Erroneous Review of Social Security Disability Determinations, 24 Lewis & Clark Law Review Online Journal 1 (03/18/2020) | Link to Digital Commons | Link to Full Text
Glatt v. Fox Searchlight and the Rhetorical Value of Inter-Circuit Dialogue, 50 University of San Francisco Law Review Online Forum 479-489 (2016) | Link to Digital Commons
The Right to a Public Trial and Closing the Courtroom to Disruptive Spectators, 93 Washington University Law Review 235-246 (2015) | Link to Digital Commons
A Rhetorical Exercise: Persuasive Word Choice, 49 University of San Francisco Law Review Forum 37-39 (2015) | Link to Digital Commons
Defendant Silence and Rhetorical Stasis, 46 Connecticut Law Review 19-26 (2013) | Link to Digital Commons
The Poetry of Persuasion: Early Literary Theory and Its Advice to Legal Writers, 6 Journal of the Association of Legal Writing Directors 55-74 (2009) | Link to Digital Commons | Link to Full Text
Due Process and the Subpoena Power in Federal Environmental, Health, and Safety Whistleblower Proceedings, 32 University of San Francisco Law Review 533-560 (1998) | Link to Digital Commons | Link to Full Text
Other Articles
The Disembodied Rule and the Rule Made Flesh: Propositions, Illustrations, and the Placement of Citations, 29 The Second Draft: Newsletter of the Legal Writing Institute 26-29 (Spring 2016) | Link to Digital Commons
Missed Connections - Being Explicit About Relationships Between Authorities, 24 The Second Draft: Newsletter of the Legal Writing Institute 14 (Fall 2009)
Teaching Practical Procedure in the Legal Writing Classroom, 17 Perspectives: Teaching Legal Research and Writing 31-34 (2008) | Link to Digital Commons
Using the ADA to Teach the Interaction of Statutes, 23 The Second Draft: Newsletter of the Legal Writing Institute 10 (Fall 2008)
Distinct Line Between Commercial and Noncommercial Speech Is Gone, with Hopmann, 115 Los Angeles Daily Journal 7 (June 6, 2002)