Robert S. Smith
| Robert S. Smith | |
|---|---|
| Associate Judge of the New York Court of Appeals | |
|
In office January 12, 2004 – December 31, 2014 |
|
| Appointed by | George Pataki |
| Preceded by | Richard C. Wesley |
| Succeeded by | Eugene M. Fahey |
| Personal details | |
| Born |
Robert Sherlock Smith August 31, 1944 New York City, New York |
| Alma mater |
Stanford University Columbia Law School |
Robert Sherlock Smith (born August 31, 1944) is a former Associate Judge of the New York Court of Appeals, New York's highest court. Smith retired on December 31, 2014, due to the State Constitution's requirement that judges retire at the end of the calendar year in which they reached the age of 70.
Smith was born in New York City 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.
From 1968 to 2003 he practiced law in New York City with the firm of Paul, Weiss, Rifkind, Wharton & Garrison, 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 require shopping centers to allow people to hand out literature on their property; 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.
In October 2011, Smith gave the keynote address at the Seventh Annual Friedrich A. von Hayek Lecture, "The Hayekian Judge," sponsored by New York University Journal of Law and Liberty. He was introduced by Richard Epstein.
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