The Catholic University of America
Law Faculty

George P. Smith, II – Professor of Law

George Smith

Professor George P. Smith joined the law faculty in August, 1977 as an ordinary law professor. He has had previous law teaching affiliations at the University of Michigan, Indiana University, Georgetown, George Washington and Notre Dame. His core teaching areas are property law, land use and environmental law. His areas of specialization are law, science and medicine - specifically bioethics and health law. He is the Founding Faculty Editor of The Journal of Contemporary Health Law and Policy here at the Law School. He has held over 85 research appointments with institutions including: the medical schools at the universities of Chicago, Columbia, Indiana, Minnesota, Northwestern, Pennsylvania, Texas, Virginia and Washington, as well as the universities of Arizona State; Auckland; New Zealand; British Columbia; Cambridge; McGill; Oxford; Sydney, Australia; The Hoover Institution, The Max Planck Institute, Germany; The Rockefeller Foundation; Bellagio, Italy, Trinity College at Dublin University; Dartmouth College; The Free University of Berlin; Princeton Seminary and the divinity schools at Cambridge, Yale and Vanderbilt.

In 1984, Professor Smith received an Australian-American Fulbright award to teach at the University of New South Wales as The Fulbright Visiting Professor of Law and Medical Jurisprudence. He has also held teaching appointments as Distinguished Visiting Professor of Law at Macquarie University, Sydney, Australia, in 2005, and as the Parsons Visiting Professor of Law at The University of Sydney in 2003 and in 1998, and as Visiting Professor of Law at The University of New South Wales in 2001, 1990 and 1987.

Widely published and recognized as a leading national and international scholar, he has a bibliography of over 180 entries which includes 14 books, 21 monographs and 152 law review articles, book chapters and essays. His contributions to the legal profession were recognized by Indiana University in 1998 when he was awarded an LL.D. degree, Honoris Causa. He is listed in Who's Who in the World and Outstanding Writers of the 20th Century as well as WHO's WHO IN AMERICAN EDUCATION and WHO's WHO in AMERICAN LAW. He is a life member of the American Law Institute.

Research and Writing

BOOKS

LAW AND BIOETHICS: INTERSECTIONS ALONG the MORTAL COIL (Routledge, 2012).

DISTRIBUTIVE JUSTICE AND THE NEW MEDICINE.
Elgar Press, Boston, Ma. and London, England, 2008.

THE CHRISTIAN RELIGION AND BIOTECHNOLOGY: A SEARCH FOR PRINCIPLED DECISION MAKING. Springer Verlag, 2005. 

HUMAN RIGHTS AND BIOMEDICINE. The Netherlands: Kluwer International, 2000.

FAMILY VALUES AND THE NEW SOCIETY: DILEMMA OF THE 21ST CENTURY. Westport, Conn.: Praeger Books, 1998.

LEGAL AND HEALTHCARE ETHICS FOR THE ELDERLY. Washington, D.C.: Taylor & Francis, 1996.

BIOETHICS AND THE LAW: MEDICAL, SOCIO-LEGAL AND PHILOSOPHICAL DIRECTIONS FOR A BRAVE NEW WORLD. Lanham, Md.: Rowman Littlefield/University Press of America, 1993.

FINAL CHOICES: AUTONOMY IN HEALTH CARE DECISIONS. Springfield, Ill.: Charles C. Thomas Publishers, 1989.

THE NEW BIOLOGY: LAW, ETHICS, AND BIOTECHNOLOGY. New York: Plenum Press, 1989.

MEDICAL-LEGAL ASPECTS OF CRYONICS: PROSPECTS FOR IMMORTALITY. Port Washington, N.Y.: Associated Faculty Press, 1983.

ETHICAL, LEGAL AND SOCIAL CHALLENGES TO A BRAVE NEW WORLD, (2 vols.) Port Washington, N.Y.: Associated Faculty Press, 1982.

GENETICS, ETHICS, AND THE LAW. New York: Associated Faculty Press, 1981.

RESTRICTING THE CONCEPT OF FREE SEAS: MODERN MARITIME LAW RE-EVALUATED. Huntington, N.Y.: R.E. Krieger Publishing Company, 1980.

Selected Decisions, LEGAL NOTES AND COMMENTARIES BEFORE THE UNITED STATES FOREIGN CLAIMS SETTLEMENT COMMISSION, United States Department of State: 1966.


BOOK CHAPTERS

"The Public Trust Doctrine and Natural Law" in NATURAL LAW AND PERSPECTIVES, (P. S. Khanum, ed.), Amicus Books, ICFAI University Press, Hyderabad, India (2008).

"Human Rights and Bioethics" in HEALTH CARE AND THE PATIENT REGIME (N. Sudarshan, ed.), ICFAI University Press, Andhra Pradesh, India (2008).

"Access to Health Care: Economic, Medical, Ethical and Socio-Legal Challenges," in HUMAN RIGHTS AND HEALTH CARE (D. Weisstub & G. Pinto eds.), Kluwer, 2008.

"Managing Death: End of Life Charades and Decisions," In International Library of Law, Ethics and the New Medicine (D. Thomasama, D. Weisstub & T. Kushner, eds.), Kluwer Academic Press, 2001.

"The Baby M Decision: Love's Labor Lost," In Surrogate Motherhood: Politics and Privacy (L. Gostin ed.), Indiana University, 1990.

"Long Days Journey into Night: The Tragedy of the Handicapped At-Risk Infants." In Moral Issues in Mental Retardation, edited by R. Laura and A. Ashman. Beckenham, England: Croom Helm Publishing House, 1985.

"Religion, Law and Conscience in a Brave New World." In Theological Awareness and Temporal Responsibilities. Washington, D.C.: The Catholic University of America Press, 1985.

"The United Nations and the Environment," in A World Without a United Nations. Washington, D.C.: The Heritage Foundation, 1984.

"The Environment." In Government Business and Society: The Changing Contract. New York: McGraw-Hill, 1977.


BOOK REVIEWS

Review Symposium, "The Ethical Canary" by Margaret Somerville, Indiana Journal of Global Studies 9 (Spring 2001): 555.

Review Essay, "Biology, Bioethics, and The New Society," 14 Journal of Contemporary Health Law and Policy 531 (1998) reviewing James F. Childress, PRACTICAL REASONING IN BIOETHICS (1997); Thomas F. Murray, Mark A. Rothstein & Robert F. Murray, Jr., THE HUMAN GENOME AND THE FUTURE OF HEALTHCARE (1996)).

"Review Essay, CHILDREN OF CHOICE by JOHN A. ROBERTSON." Jurimetrics Journal 36 (Fall 1995): 115.


SELECTED JOURNAL ARTICLES

"Social Justice and Health Care Management: An Elusive Quest," 9 Houston Journal of Law and Policy (2008).

"Re-shaping the Common Good in Times of Public Health Emergencies: Validating Medical Triage," 17 Annals of Health Law (2008).

"Policy Making and The New Medicine: Managing a Magnificent Obsession," 3 Journal of Health and Biomedical Law 303 (2008).

"Cigarette Smoking as a Public Health Hazard: Crafting Common Law and Legislative Strategies for Abatement," 11 Michigan State Journal of Health Medicine and Law 251 (2007).

"Re-validating the Doctrine of Anticipatory Nuisance," 29 Vermont Law Review 687 (2005).

"Law, Medicine, and Religion: Towards a Dialogue and a Partnership in Biomedical Technology and Decision-making." 21 Journal of Contemporary Health Law and Policy 169 (2005).

"The Vagaries of Informed Consent," 1 Indiana Health Law Review 109 (2004).

"Just Say No! - The Right to Refuse Psychotropic Medication in Long-Term Facilities," 13 Annals of Health Law 1 (2004).

"Human Rights and Bioethics: Formulating a Universal Right to Health, Health Care or Health Protection?" 39 Vanderbilt Journal of Transnational Law 1295 (2005).

"The Public Trust Doctrine and Natural Law: Emanations Within a Penumbra," 33 Boston College Environmental Affairs Law Review 307 (with Michael W. Sweeney) (2005).

"Law, Religion, and Medical Science: Conjunctive or Disjunctive?," 1 Macquarie Law Symposium Journal 9 (2006).

"The Extent of Protection of The Individuals Personality Against Commercial Use: Toward a New Property Rights" 54 South Carolina Law Review 1 (2002).

"Re-evaluating The Freedom of Scientific Inquiry Through Biotechnology and Human Rights," 98 Proceedings of the American Society of International Law 115 (2002).

"Distributive Justice and Health Care," 18 Journal of Contemporary Health Law and Policy, 421 (2002).

"Setting Limits: Medical Technology and The Law," 23 Sydney Law Review 1 (2001).

"Allocating Health Care Resources to the Elderly," 1 Elder Law Review (2002) (An Electronic Journal Published by The University of Western Sydney, Australia).

"Euphemistic Codes and Tell-Tale Hearts: Human Assistance in End-of-Life Cases." 10 Health Matrix, Journal of Law-Medicine 175 (2000).

"Genetic Enhancement Technologies and The New Society." 4 Medical Law International 85 (2000).

"Judicial Decisionmaking in The Age of Biotechnology." 13 Notre Dame Journal of Law, Ethics and Public Policy 93 (1999).

"Harnessing the Human Genome Through Legislative Restraint." 5 European Journal of Health Law 53 (1998).

"Terminal Sedation as Palliative Care: Revalidating a Right to a Good Death." Cambridge Quarterly of Healthcare Ethics 7 (Fall 1998): 382.

"Patient Dumping: Implications for the Elderly." Elderlaw Journal 6 (1998): 23.

"Complexities in Biomedical Decision-Making." Perspectives on Law and Public Interest 1 (1997): (An
Electronic Journal Published by the University of Richmond Law School).

"Our Hearts Were Once Young and Gay: Health Care Rationing and the Elderly." University of Florida Journal of Law and Public Policy 8 (Fall 1996): 1.

"Pathways to Immortality in the New Millennium: Human Responsibility, Theological Direction, or Legal Mandate." St. Louis University Public Law Review 15 (1996): 447.

"Restructuring the Principle of Medical Futility." Journal of Palliative Care 11 (Autumn 1995): 9.

"Utility and the Principle of Medical Futility: Safeguarding Autonomy and the Prohibition Against Cruel and Unusual Punishment." The Journal of Contemporary Health Law and Policy 12 (Fall 1995): 1.

"Aesthetic Nuisance: Re-Educating the Judiciary." Real Estate Law Journal 24 (Summer 1995): 26.

"Genetic Determinism or Genetic Discrimination." Journal of Contemporary Health Law and Policy 11 (Fall 1994): 23.

"Nuisance Law: The Morphogenesis of an Historical Revisionist Theory of Contemporary Economic Jurisprudence." Nebraska Law Review 74 (Fall 1995): 658.

"Accessing Genomic Information for Nonmedical Purposes." Journal of Law and Health 9 (1994-95): 121.

"Biomedicine and Biomedical Ethics: De Lege Lata, De Lege Ferenda." The Law Today, As Laid Down, and What Tomorrow May Bring." Journal of Contemporary Health Law and Policy 9 (Spring 1993): 233.

"Market and Non-Market Mechanisms for Procuring Human and Cadaveric Organs: When the Price Is Right." Medical Law International 1 (1993): 17.

"Toward an International Standard of Scientific Inquiry." Health Matrix Journal of Law-Medicine 2 (Summer 1992): 167.

"The Price of Beauty: An Economic Approach to Aesthetic Nuisance." Harvard Environmental Law Review 15 (Winter 1991): 53 (with Griffin W. Fernandez).

"Incest and Intrafamilial Child Abuse: Fatal Attractions or Forced and Dangerous Liaisons?" Journal of Family Law 29 (August 1991): 833.

"Assisted Noncoital Reproduction: A Comparative Analysis." Boston University International Law Journal 8 (Spring 1990): 21.

"From Cutlass to Cat-o'-Nine Tails: The Case for International Jurisdiction of Mutiny on the High Seas." Michigan Journal of International Law 10 (Winter 1989): 277.

"All's Well That Ends Well: Toward a Policy of Assisted Rational Suicide or Merely Enlightened Self-Determination?" U.C. Davis Law Review 22 (Winter 1989): 275.

"The Province and Function of Law, Science and Medicine: Leeways of Choice and Patterns of Discourse." University of New South Wales Law Journal 10 (Spring 1987): 103.

"Genetics, Eugenics, and Public Policy." Southern Illinois Law Review 1985 (Summer 1985): 435.

"Sexuality, Privacy and the New Biology." Marquette Law Review 67 (Winter 1984): 263.

"The United Nations and the Environment: Sometimes a Great Notion?" University of Texas International Law Journal 19 (Spring 1984): 335.

"Intimations of Immorality: Clones, Cyrons and the Law." University of New South Wales Law Journal 6 (July 1983): 119.

"Equity and Admiralty: A Turbulent Path to Manifest Destiny." Northwestern University Journal of International Law and Business 5 (Spring 1983): 65.

"Manipulating the Genetic Code: Jurisprudential Conundrums." Georgetown University Law Journal 64 (February 1976): 697.

"On the Waterfront at the Pier's Edge: The Longshoremen's and Harbor Worker's Compensation Act." Cornell Law Review 56 (November 1970): 114.

"Through A Test Tube Darkly: Artificial Insemination and The Law," Michigan Law Review 67 (November 1968): 127.


MONOGRAPHS

God, Caesar, and Darwin: Parameters and Perimeters of The Town Square (2007), McGill University, Canada.

Intractable Pain, Palliative Management and The Principle of Medical Futility (2007), Congress of The International Academy of Law and Mental Health, Padua, Italy.

When Mercy Seasons Justice (2007), University of St. Andrews, Scotland.

Of Panjandrums, Pooh-Bahs, Parvenus and Prophets: Law, Religion, and Medical Science (2005), Macquarie University, Division of Law, Sydney, Australia.

Universal Human Rights and Biomedicine (2001), Faculty of Law, University of New South Wales, Australia.

Law, Science, and Religion in a Changing World Order: Designing a Template for The Age of Biotechnology (2001), Cambridge University, England.

Complexities in End-of-Life Medical Treatment, The Mind/Body Medical Institute, Cambridge, Massachusetts (2000).

The Elderly and Health Care Rationing, The Poynter Center for Ethics, Indiana University (2000).

The Last Right: Ethical, Legal and Philosophical Concerns (1999), Cambridge University, England.

Genetic Enhancement or Eugenic Improvement (1999), University of Victoria, British Columbia, Canada.

The Plight of The Developmentally Disabled (1999), Fordham University School of Law, New York, New York.

Bioethics and The Administration of Justice (1998), The University of Sydney Faculty of Law, Australia.

Procreative Liberty or Procreative Responsibility (1998), The Center for the Clinical Bioethics, Georgetown University Medical Center, Washington, D.C.

Developing a Standard for Advancing Genetic Health and Scientific Investigation, The Hoover Institution, Stanford University, California (1997).

Final Exists: Safeguarding Self Determination and The Right to be Free from Cruel and Unusual Punishment (1997), Northwestern University Medical School, Chicago, Illinois.

In His Words ...

“ Advancing and pursuing health care is an obligation that a good society owes its citizens.  A balanced moral relationship between the goods of the individual patient and the common good must always be sought.”

– George P. Smith

 

Contact

Office: 413 Law School
The Catholic University of America
3600 John McCormack Rd., NE
Washington, D.C. 20064

Phone: 202-319-5162

E-mail: smithg@law.edu
 

Courses

  • Property Law 
  • Land Use
  • Bioethics
  • Health Law
     

Education

LL.D.
Honoris causa,  Indiana University, l998

LL.M.
Columbia University, l975

J.D.

 Indiana University-Bloomington, l964 

B.S.
Business, Economics, and Public Policy, Indiana University-Bloomington, l961

 

Areas of Expertise

  • Public Health Law
  • Law, Science, and Medicine
     

Experience

  • Research Affiliations with nearly one hundred institutions  including:  The University of Virginia Center for Biomedical Ethics & Humanities;  The Hastings Center Institute of Society, Ethics and The Life Sciences, and
    The Max Planck Institute, Heidelberg, Germany.
  • Consultant to the International Bioethics Committee of UNESCO Declaration on The Protection of The Human Genome, Paris, France, l995—l997.
  • Special (Consulting) Counsel to the House Committee on Science & Technology, U.S. Congress, l981-87.
  • Received a Citation of Honor from the Institute of Advanced Study, Indiana University, for “path-breaking interdisciplinary research and writing on medical and Biological issues as they related to the norms of law and ethics."
     

Curriculum Vitae
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