Mark W. Smith
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Mark W. Smith (born September 4, 1968, in
Cheverly, Maryland Cheverly is a town in Prince George's County, Maryland, United States, located very close to Washington, D.C., though not bordering it directly. The town was founded in 1918 and incorporated in 1931. Per the 2020 census, the population was 6,170 ...
) is the New York Times bestselling author of several books, a former professor of law, and the founding partner of a Rockefeller Center-based law firm in New York City. Smith is a regular political and legal commentator in the national media and is a former semi-professional baseball player. Mark is a trial lawyer and conservative writer. He is the author of '' Official Handbook of the Vast Right-Wing Conspiracy'' (2004), and of ''Disrobed: The New Battle Plan to Break the Left's Stranglehold on the Courts'' (2007). Graduating from
New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in New ...
in 1995, Smith is currently a trial lawyer in private practice in New York City. He has previously served as a public interest lawyer representing a variety of clients (such as a case in 1997 about hair-braiding regulations in New York), many of whom alleged infringements upon their Constitutional rights. He has also been an adjunct professor of law at the
University of Kansas The University of Kansas (KU) is a public research university with its main campus in Lawrence, Kansas, United States, and several satellite campuses, research and educational centers, medical centers, and classes across the state of Kansas. Tw ...
Law School, where he taught a course on American laws with respect to firearms ownership, and clerked for a federal judge.


Upbringing and education

Born in Maryland and raised in Vermont, played semi-professional baseball in the Northern League for the Saxtons River Pirates as an infielder. After spending three years at the University of Vermont, Smith went on to receive a bachelor's degree in
Economics Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services. Economics focuses on the behaviour and intera ...
in 1992 from the University of South Carolina where he studied with Robert W. Clower, the former Managing Editor of the American Economics Review and Rhodes Scholar. Smith graduated
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal a ...
and was on the All-American Debate Team. After graduating from the New York University School of Law (J.D.) in 1995, Mark clerked for the Honorable D. Brook Bartlett, Chief Judge, United States District Court for the Western District of Missouri.


Professional history

Smith is the founder of the Rockefeller Center-based law firm of Smith Valliere PLLC, which he founded in 2007. The national media calls Smith "one of the fastest rising legal stars in the country." Smith's courtroom and legal efforts have appeared on the covers of the ''New York Times'', the ''Washington Times'', Law.com, and the ''New York Law Journal'' as well as many other major media outlets. Smith is also the ''New York Times'' bestselling author of several books, a former professor of law, and frequently appears as an expert legal commentator throughout the national media. After graduating from the New York University School of Law, Smith clerked for a federal trial court judge in Kansas City. Upon the completion of his clerkship, Smith joined Skadden, Arps, Slate, Meagher & Flom LLP in New York City. Smith's legal practice covers a broad spectrum of areas including complex commercial disputes in the following areas: business, finance, employment, computer software, securities, civil rights, bankruptcy, constitutional, real estate, intellectual property,
medical malpractice Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligen ...
, class actions and antitrust matters. Smith has tried jury and bench trials in state and federal court and represented clients in arbitrations, mediations, administrative law proceedings, and before governmental regulatory bodies. In 2008, Smith served as lead trial counsel in a precedent-setting $23 million jury trial in New York City on behalf of large private MRI medical practice against over 50 insurance companies. Many outlets covered the trial and its verdict and Smith appeared on the cover of ''New York Law Journal'' and Law.com. As co-counsel in a federal jury trial, Smith won for his clients a million-dollar judgment in a precedent-setting case that a cover story in the ''New York Times'' proclaimed to be the largest of its kind in New York history. Smith represented a writer in a high-profile matter involving Tina Brown and the now-defunct Talk Miramax. Smith has represented clients before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
having represented Texas state legislators there in the Washington Legal Foundation v. Phillips matter in 1988. The ''New York Times'' wrote a story about Smith's representation of two African-American women seeking to start a hair styling company in a highly publicized constitutional challenge to New York state economic regulations. Smith has appeared in various gossip columns such as the ''New York Posts Page Six, the ''Huffington Post'', Rush & Malloy, and Cindy Adams. Smith has appeared in New York "society" publications such as Gotham, Hamptons, Avenue and
New York Social Diary New York Social Diary is a website that publishes photographs of "the rich and powerful" socialites and a social calendar of events that they might attend. It is maintained by David Patrick Columbia, who founded it in 2000. History The ''Diary'' ...
. The press has discussed Smith and his representation of various writers. The ''New York Observer'' wrote a story about Smith's representation of a writer in a high-profile matter involving Tina Brown and Talk Miramax. According to his firm's website, Smith has litigated matters involving major international companies such as Goldman Sachs, Bank of America, Charles Schwab, Deloitte & Touche, Wachovia, A.I.G., Adelphia Communications Corp, Talk Miramax, FoxMeyer Drug Company, Adelphia founder John Rigas, Continental Grain Company, Unilever, Salomon Smith Barney, and the U.S. Trust Company. Smith advises businesses, companies and individuals in a wide variety of commercial transactions and business dealings including companies doing business in China, Hong Kong, and the European Union. Smith has advised clients in connection with matters involving employment, severance, licensing, agency, assignment, intellectual property, film financing, publishing, settlement, and secured lending agreements and arrangements.


Professor of Law

As both a former adjunct professor of law at the
University of Kansas School of Law The University of Kansas School of Law is the law school of the University of Kansas, a public research university in Lawrence, Kansas. The University of Kansas Law School was founded in 1893, replacing the earlier Department of Law, which had exi ...
, and former editor of the ''Harvard Journal of Law and Public Policy'', Mark has been recognized as a legal expert in several publications of experts, including the Heritage Foundation's Policy Experts 2003: The Insider Guide to ''Public Policy Experts and Organizations, The Journalist's Guide to Legal Experts, and Policy Experts 2000: A Guide to Public Policy Experts.''SCHC


Media coverage

Smith frequently appears as an expert legal analyst throughout the national media and appears regularly on CNN, the Fox News Channel, MSNBC and CNBC. He has also been the subject of numerous articles in ''The New York Times, The Wall Street Journal, The New York Post, The Weekly Standard, The Washington Times, The New York Observer, The National Law Journal, Slate, The Hill, and ABC News' The Note, and has been written about in Page Six of The New York Post.'' Smith was profiled in Avenue magazine in 2009. Smith's professional and personal accomplishments earned him an Alumnus of the Year honor from the University of South Carolina's Honors College and a Lifetime Achievement Award from the Bronx, New York Conservative Committee. As co-counsel in a federal jury trial, he obtained a jury verdict for his client that The New York Times proclaimed as perhaps the largest in New York history of its kind. Additionally he represented African-style hair braiders in a highly publicized, controversial constitutional challenge to New York state regulations and also served as counsel to Texas state legislators in a matter before the U.S. Supreme Court.


New York Times Bestselling Author

Mark is a ''New York Times'' bestselling author of '' The Official Handbook of the Vast Right-Wing Conspiracy: The Arguments You Need to Defeat the Looney Left and Disrobed: The New Battle Plan to Break the Left's Stranglehold on the Courts'' (Random House-Crown Forum 2006).


Political and Legal Media Pundit

Mark is a frequent guest commentator regarding legal and political issues on national media shows such as 360 with Anderson Cooper, Glenn Beck, Paula Zahn Now, The O'Reilly Factor, Fox & Friends, C-SPAN's After Words, Hannity & Colmes, Dayside, The Dennis Miller Show, The Jackie Mason Show and Court TV's Catherine Crier Live! Mark had appeared as a guest on the major television networks including on CNN, FOX NEWS CHANNEL, MSNBC, CNBC, BLOOMBERG, C-SPAN and COURT TV. During the 2004 presidential election, Smith appeared as an analyst on Dan Rather's CBS Nightly News, CNN, the FOX NEWS CHANNEL and the Dennis Miller Show on CNBC, and also served as a special election night analyst for WPIX (Channel 11) in New York City. Mark has appeared as a national radio personality in many major media markets having appeared in radio outlets such as Clear Channel Communications, XM Radio, Sirius Radio, WABC (New York), Fox News Radio, KRLA (Los Angeles), WRKO (Boston), America's Talk Satellite Network (Florida), WKAT (Miami), WIND (Chicago) KNTS (San Francisco), KSKY (Dallas), KLUP (San Antonio), KPIT (Pittsburgh), KNTP (Philadelphia), WITH (Baltimore) and Salem Communications.


Public speaking and academia

Smith is a regular at the Monday Meeting in New York City, which is a meeting of prominent conservative businessmen in New York founded by New York State Banking Commissioners Mallory Factor and James Higgins. He has spoken at the National Press Club in Washington, D.C., Yale University, and the Cornell Club in New York City. Smith has spoken at the
Conservative Political Action Conference The Conservative Political Action Conference (CPAC; ) is an annual political conference attended by conservative activists and elected officials from across the United States and beyond. CPAC is hosted by the American Conservative Union (ACU). ...
and
FreedomFest Mark Andrew Skousen (; born October 19, 1947) is an American economist and writer. He currently teaches at Chapman University, where he is a Presidential Fellow at The George L. Argyros School of Business and Economics. He has previously taugh ...
in Las Vegas along with U.S. Vice President Dick Cheney, Whole Foods CEO John Mackey, former Speaker of the U.S. House of Representatives Newt Gingrich, former New York City mayor Rudy Giuliani, presidential candidate Mitt Romney, economist Art Laffer, authors Charles Murray, George Gilder, and Dinesh D'Souza, and Wall Street Journal editors Steven Moore, John Fund and James Taranto. Smith has spoken at Al Sharpton's National Action Network Conference along with former U.S. Attorney Zach Carter, and at MoneyExpo 2009.


Charity

In March 2009, Smith hosted a charity event for the Humane Society of New York at the Hudson Terrace in New York City. Stories about the event appeared on several websites dedicated to charity events and New York society.


Disrobed

According to the publisher, ''Disrobed'' argues that "who wins in the
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s often depends more on politics and ideology than on the
rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
" and recommends that
conservatives Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
start using "liberal" tactics, identified by the author as
judicial activism Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually ...
, rather than stay with the more typical conservative tactics such as
judicial restraint Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities; it is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions s ...
,
strict construction In the United States, strict constructionism is a particular Philosophy of law, legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution of the Unite ...
, or
originalism In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This conce ...
.


References


Bibliography

*''The Official Handbook of the Vast Right-Wing Conspiracy''. Washington, D.C.: Regnery, 2004. . *''Disrobed: The New Battle Plan to Break the Left's Stranglehold on the Courts.'' New York: Three Rivers Press. .


External links

* {{DEFAULTSORT:Smith, Mark W. 1968 births Living people American writers American lawyers New York University School of Law alumni People from Cheverly, Maryland University of Kansas faculty University of South Carolina alumni Vermont Academy alumni