Rodney K. Smith Professor of Practice Director, Sports Law and Business Program Sandra Day O Connor College of Law Armstrong Hall 1100 S. McAllister Avenue P.O. Box 877906 Tempe, AZ 85287-7906 (540) 460-6927 (cell) (480) 965-2427 e-mail: Rodney.K.Smith@asu.edu I. EDUCATION A. Legal: S.J.D., LL.M., University of Pennsylvania Law School J.D., cum laude, J. Reuben Clark Law School, Brigham Young University Honors and Activities: Merit Scholar (all 3 years) Managing Editor, Journal of Legal Studies Staff Member, Journal of Legal Studies B. Graduate study: University of Virginia (Government and Foreign Affairs) C. Undergraduate: Western Colorado State College, B.A., 1973 University of California, Irvine, 1969-71 Georgetown University, summer, 1972 Honors: Academic All American, College Division (basketball) D. Honorary Doctorates: Capital University, May 2002 and Southern Virginia \ University, 2012
II. ADMINISTRATIVE, TEACHING AND PUBLIC SERVICE A. Positions: Professor of Practice and Director, Sports Law and Business Program, Sandra Day O Connor College of Law, Arizona State University, 2014- Distinguished Professor of Law and Director of the Sports Law and Policy Center, Thomas Jefferson School of Law, 2011-2014 President, Southern Virginia University, 2004-2011 Visiting Professor of Law, Washington and Lee College of Law, 2009-2010, teaching Sports Law Practicum. Herff Chair of Excellence in Law, Cecil C. Humphreys School of Law, University of Memphis (2000-04) (1 st A). Interim Dean, 2003-04. Donaghey Dean and Professor of Law, University of Arkansas at Little Rock Professor of Law, Capital University Law and Graduate Center (1995-1997). Dean and Professor of Law, University of Montana School of Law (1993-95). Dean and Professor of Law, Capital University Law School (1989-93). Visiting Professor, University of San Diego School of Law (1988-89) and summer (1997, 2002). Visiting Associate (1985-86), Associate (1986-88) and Professor (on leave, 1988-89), Widener University Law School (Delaware Campus). Visiting Associate Professor (Summer 1986), J. Reuben Clark Law School, Brigham Young University. Visiting Assistant (1982-83), Assistant (1983-84), and Associate (1984-85) Professor, University of North Dakota Law School. B. Other Administrative Service: Co-Chairman, Board of Trustees, Southern Virginia University, 2011-12. Chairman, Board of Trustees, American Academy of Liberal Education, 2010-2013. Board Member, National Sports Law Institute, 2002-present. 2
Chair, Financial Controls and Fund Raising, Compliance Audit Team, SACS accreditation process, The University of Memphis, 2003-04. Member, N.C.A.A. Division I Athletics Certification Steering Committee,The University of Memphis, 2003-04. Member, Faculty Athletics Committee, University of Memphis (2000-01), Chair and Faculty Athletics Representative (2001-2004). Member, Millennial Speakers Committee (UALR), (1999-2000). Member, N.C.A.A. Division I Athletics Certification Steering Committee (UALR) and Chair, Subcommittee on Racial and Gender Equity at UALR (1998-99). Member, Clinton School Committee of the University of Arkansas System (a small committee involved in developing a curriculum for a graduate program to be a part of the William Jefferson Clinton Library in Little Rock) (1998-2000). Steering Committee Member, American Bar Association (ABA), Council on Racial Equity and Justice (1998-2000). Chair, University Diversity Forums Committee, University of Montana (1994-95). Chair, Space Allocation Committee, University of Montana (1995); UALR (1999). Co-Chair, Planning Committee, Bench, Bar, Deans Meeting, Ohio (1993). C. Honors: President s Award, Pulaski County Bar Association (2000). Black Law Student Association (Midwest), Dean of the Year Award (2000). Law Review Tributes: 56 Montana Law Review 353-58 (1995); 25 Capital University Law Review, Issue Vat i-ii (1996). Honorary Member, Order of the Coif. Honorary Member, Board of Barristers. 3
Recognitions: Arkansas Bar Association (Best of CLE) (1999); Women's Law Caucus (1995); Ethics Institute (1993); Capital Law Review (1990); Graduating Class (selection as honorary member, 1985). D. Courses: Past: Constitutional Law; 1 st Amendment (religious liberty); Ethics; Contracts. Present: Sports Law and Business; Amateur Sports Law; Professional Sports Law; Strategic Career Planning and Internships in the Sports Industry; Infractions and Appeals; Contract Negotiations and Drafting in the Sports Industry. E. Other Public Service: Member, Chapter Relations Council, J. Reuben Clark Law Society (2007-2012). Member, International Board, J. Reuben Clark Law Society (2002-2007). Judge, National Finals, First Freedom Student Competition, Council for America s First Freedom, 2006-present, Chairman, 2012-present. Member, Advisory Board, National Sports Law Institute (2002-present). Member, Infractions Appeals Committee, National Collegiate Athletic Association (1999-2000). Member, Arkansas Supreme Court Committee on Public Trust and Confidence in the Judiciary (1998-2000). Member, Regional Board of Directors, The National Conference for Community and Justice (N.C.C.J.; 1998-2000). Member and Paul Harris Fellow, Rotary Club, Little Rock (1997-2000) Member, Montana Supreme Court Task Force on Lawyer Discipline (1993-1995). Judge, National We The People Competition, 1993. Member, Attorney General's Ethics and Professional Advisory Council, Ohio, 1992. Member, Charter Revision Committee, City of Columbus (1991-1992). Pro bono legal work: e.g., Greywater v. Joshua, 846 F.2d 486 (8th Cir. 1988), a case dealing with tribal court jurisdiction over nonmember Indians. 4
F. Honors, Membership and Participation in Bar and Related Associations: Life Member, American Bar Foundation Member, American Bar Association (ABA) Section on Legal Education, Professionalism Committee (1999-2000). ABA and Association of American Law Schools (AALS), Accreditation Site Evaluation Teams: (Chair and member on many occasions). Member, AALS Library Committee (1991-94). Member, ABA Pre-law Committee (1994-2001); Chair (1999-2000). Member, Arkansas Code Revision Commission (1997-2000). Member (ex officio), Arkansas Bar Foundation Trust Committee (1997-2000). Member (ex officio), Board of Directors, Pulaski County Bar Association (1996-2000). Member, California and American Bar Associations (not currently active). Member, International Association of Constitutional Law. Admitted: California (not active); United States Supreme Court; Eighth Circuit Court of Appeals. Other Bar Association Service (past and present): Member, Arkansas Bar Association Ad Hoc Committee on Lawyer Discipline and Admission to the Bar; Member, Arkansas Bar Association Centennial Commission; Member, Competency Coordinating and Law School Liaison Committees, Montana State Bar Association; Executive Committee, Western Montana Bar Association; Member, Delaware State Bar Committee on the Bicentennial of the Constitution; Chair, Professionalism Committee, Columbus Bar Association; Member, Statewide Coordinating Committee for Professional Responsibility of the Ohio State Bar Association (O.S.B.A.); Chair, Legal Education Committee (O.S.B.A.). Ex officio member, American Law Institute; Member, Consultative Group, The Law Governing Lawyers. III. SCHOLARSHIP A. Books: 5
Public Prayer and the Constitution: A Case Study in Constitutional Interpretation, Scholarly Resources, Inc. (1987). Sports Law, West Publishing Company (1986) (with Schubert and Trentadue). Sports Law and Regulation: Cases, Materials, and Problems, Aspen Law School Series (2005) (3 rd Edition 2013) (co-author with Davis, Mitten, and Duru) Sports Law: Governance and Regulation, Aspen College Series (co-author with Davis, Mitten, Shropshire, and Osborne) (2012). B. Articles: A Game Plan for Dealing with Head Injuries and Student-Welfare: Saving the NCAA and Football, 41 Pepperdine L. Rev. 267 (2014) Solving the Concussion Problem and Saving Professional Football, 35 Thomas Jefferson L. Rev. 127 (2013) The Bowl Championship Series and Big-Time College Football: A Constitutional Crisis of Trust, 2 Mississippi Sports Law Rev. 281 (2012) (based on a presentation at the University of Mississippi) Keeping Promises Made to Student-Athletes: A National Championship in Bigtime Intercollegiate Football, Wake Forest University (2011). Increasing Presidential Accountability in Big-time Intercollegiate Athletics, 10 Villanova J. Sports & Ent. Law 297 (2003). Treating Others as Our Own: Professor Levinson, Friendship, Religion and the Public Square, 38 Tulsa L. J. 731 (2003) (paper presented at symposium celebrating the work of Professor Levinson). James Madison, John Witherspoon and Oliver Cowdery: The First Amendment and the 134 th Section of the Doctrine and Covenants, (paper presented at B.Y.U. Law Review Symposium). Religion and the Press: Keeping First Amendment Values in Balance, 2002 Utah L. Rev. 178 (with Patrick Shea). From Inequity to Opportunity: Keeping Promises Made to Big-Time Intercollegiate Student-Athletes, 1 Nevada L.J. 160 (2001) (solicited for publication). The Role of Religion in Progressive Constitutionalism, 4 Widener Law 6
Symposium Journal 51 (1999) (solicited for presentation and publication). Responding to the Supreme Court s Effort to End the Conversation About Religious Exemptions and Welcoming Professor Sullivan Into the Conversation, 81 Marquette L. Rev. 487 (1998) (solicited for presentation and publication). Solving the Title IX Conundrum With Women s Football, 38 South Tex. L. Rev. 1057 (1997) (solicited for presentation and publication). Regulating Religious Broadcasting: Some Comparative Reflections, 1996 BYU Law Rev. 905 (solicited for presentation and publication). "Converting the Religious Equality Amendment Into a Statute with a Little Conscience," 1996 BYU L. Rev.645 (solicited for presentation and publication). "When Ignorance is not Bliss: In Search of Racial and Gender Equity in Intercollegiate Athletics," 61 Mo. L. Rev. 329 (1996). "Conscience, Coercion, and the Establishment of Religion: The Beginning of an End to the Wanderings of a Wayward Judiciary?" 43 Case Western L. Rev. 917 (1993) (solicited for presentation and publication). "Justice Clarence Thomas: Disappointment, Dismay, and Diminishing Hope," 7 St. Johns J. Pub. Pol. 277 (1992)(solicited for publication, based on testimony before the Senate Judiciary Committee). "Little Ado About Something: Playing Games with the Reform of Big-time Intercollegiate Athletics," 20 Cap.L.Rev. 567 (1991) (solicited for presentation and publication). "Equality in American Constitutional Law," Groupe d'etude ede Recherche sur les Jurisdictions Constitutionnelles (1991), based on a paper delivered at an International Colloquium held in Warsaw, Poland, regarding the constitutional jurisprudence of equality. "A Dean's Role in Supporting Minority Faculty Members," 10 St.L.Pub.L.Rev. 373 (1991) (solicited, text of a talk given at the University of Cincinnati). "Nonpreferentialism in Establishment Clause Analysis: a Response to Professor Laycock," 31 St. John's Univ. L.Rev. 245 (1991) (solicited for publication and presentation). 7
"Legal Utopia and Myopia: Some Comments Regarding Shiffrin, Lipkin, and Looking Beyond the Mark in Legal Education," 19 Cap. L. Rev. 1059 (1990) (solicited for presentation and publication). "An Academic Game Plan for Reforming Big-Time Intercollegiate Athletics," 67 Denver L.J. 213 (1990) (solicited for publication). "Establishment Clause Analysis: A Liberty Maximizing Proposal," 4 Notre Dame J. Law, Ethics and Public Policy 901 (1989) (solicited for presentation) "The NCAA's Version of the Death Penalty or How Educators Punish Themselves and Others," 62 Ind. L.J. 985 (1987) (solicited for publication). "A Time for Reflection: The Jaffree Case and Its Aftermath," 37 Ala. L. Rev. 345 (1986) (solicited for publication). "Getting Off on the Wrong Foot and Back on Again: A Reexamination of the History of the Framing of the Religion Clauses of the First Amendment and a Critique of the Reynolds and Everson Decisions," 20 Wake Forest Law Review 569 (1984). "Justice Potter Stewart: A Contemporary Jurist's View of Religious Liberty," 59 N.Dak.L. Rev. 183 (1983) (solicited for publication). Proposed Constitutional Amendment to Permit Voluntary Prayer: Hearings on S.J. Res. 199 Before the Committee on the Judiciary of the United States Senate, 97th Congress, 2d Session 469 (additional statement for the record of Rodney K. Smith). C. Other Publications (book chapters, short articles, book reviews, tributes): Liberal Education and the Rule of Law, delivered at ACTC Conference at Yale University (2011). The Founders, or The Journal s Early Years and What They Mean to Me, 10 J. App. Prac. & Proc. 7 (2009). Dean Rex E. Lee: Man of Faith, 3 J. of App. Prac. & Proc. 578 (2001). A Brief History of the National Collegiate Athletic Association s Role in Regulating Intercollegiate Athletics, 11 Marq. Sports L.J. 9 (2000). Book Review, Jesse H. Choper, Securing Religious Liberty, 5 The Law and Politics Book Review 206 (1995), published by the Law and Courts Section of the American Political Science Association (1995) (solicited for publication). 8
"Sovereignty and the Sacred: The Establishment Clause in Indian Country," 56 Montana L. Rev. 295 (1995) (solicited for presentation and publication). Book Review, T. Jeremy Gunn, A Standard for Repair: The Establishment Clause, Equality, and Natural Rights, 36 J. of Church & State 182 (1994). "Church and State in Poland: Clericalism or the Right of Conscience?" published as a chapter in International Perspectives on Church and State, Creighton University Press (1993). (solicited for presentation and publication). "A Tribute to Robert Edward Goostree," 20 Cap. L. Rev., Number 4 (1991). "A Tribute to Professor Addison Dewey," 19 Cap. L. Rev. 1 (1990). "Free Exercise After the Peyote Case: `A Luxury...We Cannot Afford,'" 11 Quarterly 18 (summer 1990) (with M. Paulsen) (solicited for publication). "Eligibility and Disciplinary Rules in Amateur Athletics," Chapter 11, in Uberstine, Law of Professional and Amateur Sports (1988, updated 1990). (solicited for publication). "Reforming Intercollegiate Athletics: The President's Commission and the 6th Special Convention," 64 N. Dak. L. Rev.423 (1988) (solicited for publication). "Developments in North Dakota Contracts Law," 60 N. Dak. L. Rev. 227 (1984) (solicited for publication). "The Estate and Gift Tax Reform Act of 1976: A Look at Two of the Major Provisions," Utah Bar Journal, Winter 1976. D. Current Projects: James Madison and the Right of Religious Conscience (book) E. Editorial Responsibilities. Articles Editor, The Journal of Appellate Practice and Process (1998-2001). Issue editor responsible for soliciting articles for and performing initial substantive edits of articles for an issue of The Journal of Appellate Practice and Process highlighting the work of federal and state offices of the Solicitor General. F. Major Lectures/Panels/Papers/Speeches/Testimony: 1. Association and Related Meetings and Conferences: 9
Regulatory Issues in Interscholastic Athletics, National High School Athletic Association, National Convention (2006) The Supreme Court s Latest Constitutional Law Decisions, presentation at the Tennessee Judicial Conference (spring, 2002). Conference organizer, Reparations for the Children of Slaves, 2-day symposium, involving nationally prominent scholars, at The University of Memphis, with support from the Herff Chair of Excellence in Law. Program chairperson, The First Amendment and the Special Status of Religion, A.A.L.S. Law and Religion Section meeting, Jan. 5, 2002. The Press and Terrorism, session moderator and program participant in a major Journalism Conference regarding the free press and terrorism, Nov. 8-9, 2001. Indian Sovereignty and the Constitution, a lecture given at the request of the Native American Law Student Association at the University of Memphis (April 2001). Speaker/Panelist (with Professor Joseph H.H. Weiler and Rabbi Jonahan Reiss), being a mentch and a lawyer, Judge Irving Strauch Conference on Law and Ethics, Baron Hirsch Synagogue, (March, 2001). Speaker/Panelist, Equal Justice Colloquium, University of Arkansas at Fayetteville (Nov., 2000). Speaker/Paper Presenter, Sports Law and Sociology, American Sociological Association Annual Meeting, August, 2000. Keynote speaker, Southwestern Association of Prelaw Advisors (1999). Deception in the Legal Profession, Arkansas Bar Association Mid-year Meeting (1999). Ethics and Trial Practice, Arkansas Trial Lawyers Annual Meeting (1999). Judicial Ethics, Arkansas Judicial Conference (1998). The Dean as Faculty Facilitator, Panel Chair, Dean s Meeting, Mid-year A.B.A. Meeting (1998). 10
"Pre-Law Curricula Revisited," 2d National Conference for Pre-law Advisors (1996). "Issues in Accreditation: The Presidential and Decanal Views," panelist, A.A.L.S. special meeting regarding accreditation issues, A.A.L.S. Annual Meeting (1995). "Race and Gender in Big-time Intercollegiate Athletics," panelist, Sports Law Section, A.A.L.S. Annual Meeting (1995). "Legal Education: The Future," Midcontinent Association of Law Schools, 1994. "Dean for a Day: Educating Lawyers for the 21st Century," (with Martin Burke), American College of Trial Lawyers, Northwest Regional Meeting, 1994. "Supreme Court Litigation: The Rehnquist Court," Ohio Judicial Conference, 1993. "What Should I Expect After the Recruitment Conference," talk given and participation on a panel in conjunction with A.A.L.S. program for Faculty Candidate Conference, 1992. "Reflections on Entitlement and Empowerment in the Practice of Law," an address given to bar admittees in Ohio (by invitation of the Chief Justice). Reporter and Discussion Leader, Sixth Circuit Judicial Conference (May, 1992). Chair of a Plenary Session and Reporter (Religion and Schools), Consultancy Regarding Religious and Ethnic Difference in the New Europe, Budapest, Hungary (May, 1992). Presenter and Discussion Leader, "A Scholarly Mission - What is it? and How does one achieve it?," Deans Meeting, ABA Mid-Year Meeting, 1992. "Civility, Professionalism and the Consumer: A Response to Dean Redlich," a response to a speech by Dean Norman Redlich at the Columbus Bar Association. Testimony of Rodney K. Smith Before the Senate Judiciary Committee on the Nomination of Clarence Thomas to be an Associate Justice of the United States Supreme Court (September 20, 1991) (testimony published in the record). 11
"Attorney Specialization: Recognizing Reality in an Equitable Manner," an address at the Ohio State Bar Association Meeting (May, 1990). "The Bicentennial of the Constitution: What's All the Fuss About?" Keynote Address, National Convention of Sons of the American Revolution (talk also given to various civic organizations). Planning Committee and Delivered Paper at "The Free Press in a Democracy: Town Crier to Media Event," a Symposium presented by the Delaware Press Women and the Humanities Commission. "General Meese v. Justice Brennan," a luncheon address to the Delaware Judicial Conference, 1986. Member, Speakers Bureau, Commission on the Bicentennial of the United States Constitution, 1987-1991. 2. Formal Academic Presentations and Lectures: Marquette (2013); Pepperdine (2013); University of Mississippi (2012); Wake Forest University (2011); Yale University (2011); University of North Dakota (1987, 2003); Notre Dame University (1989); DePaul University (1990); Warsaw University (1990 and 1991); University of Cincinnati (1991); Creighton University (1991); St. John's University (1991); Capital University (1990, 1991); Ohio State University (1993); University of Montana (1994); Carroll College (Walsh Lecture, 1994); Brigham Young University (1995, 1996, 2001); Central European University (1996); South Texas College of Law (1996); Marquette University (1997, 2001); Widener University (1997); University of Arkansas at Fayetteville (2000); Program Co-Chair, AALS Section on Law and Religion (2002); Albany University (2002), University of Tulsa (2002). IV. EMPLOYMENT (Prior to teaching and administration) City Attorney, City of Bishop, California (1979-81). Partner, Smith, Buchanan & Smith, Attorneys at Law, Bishop, California (1977-81). 12
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