Steven Smith

Steven Smith
Phone: (619) 260-7969
Office: Warren Hall 304D

Arlene Penticoff
(619) 260-6843

Warren Distinguished Professor of Law; Co-Executive Director, Institute for Law & Religion; Co-Executive Director, Institute for Law & Philosophy

  • JD, 1979, Yale University
  • BA, 1976, Brigham Young University

Areas of Expertise

Constitutional Interpretation, Torts, Jurisprudence and Legal Theory, Law and Religion, Religious Freedom/Separation of Church and State, Federal Courts, Constitutional Law

Professional Experience

Smith taught at the University of Notre Dame Law School, the University of Colorado School of Law, and the University of Idaho. He was a visiting professor at the University of Michigan and the University of Virginia. Smith joined the USD School of Law faculty in 2002.

Honors and Affiliations

Smith was the Robert and Marion Short Professor of Law at the University of Notre Dame Law School and was the Byron R. White Professor of Law at the University of Colorado School of Law. He is the co-director of USD’s Institute of Law and Religion. In 2021-22, Smith was named the Herzog Endowed Scholar.

Scholarly Work

  • Fictions, Lies, and the Authority of Law (Notre Dame Press 2021)
  • New (Old) Foundations for Religious Freedom, 36 Journal of Law and Religion 175 (2021)
  • The Case of the Exemption Claimants: Religion, Conscience, Identity, 2019 Brigham Young University Law Review 339 (2019)
  • Pagans and Christians in the City: Culture Wars from the Tiber to the Potomac (Eerdmans Publishing 2018)
  • Wisdom and Reason in Law, 88 University of Colorado Law Review 301 (2017)
  • The Tortuous Course of Religious Freedom, 91 Notre Dame Law Review 1553 (2016)
  • Die and Let Live? The Asymmetry of Accommodation, 88 Southern California Law Review 703 (2015)
  • Is God Irrelevant?, 94 Boston University Law Review 1339 (2014)
  • The Rise and Decline of American Religious Freedom (Harvard University Press 2014)
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