Curriculum Vitae of Robert T. Smith International Center for Law and Religion Studies J. Reuben Clark Law School Brigham Young University 452 JRCB Provo, Utah 84602 U.S.A. Phone: (801) 472-3446, Fax: (801) 422-0399 smithr@lawgate.byu.edu EDUCATION J.D., J. Reuben Clark Law School, Brigham Young University, 1991 (magna cum laude) Honors: Member, Order of the Coif Editor-in-Chief, B.Y.U. Law Review (1990 1991) M.B.A., University of Notre Dame, 1987 (magna cum laude) Honors: Member, Beta Gamma Sigma (Business Honor Society) B.S., Brigham Young University, 1984, (Accounting) Honors: Member, Beta Alpha Psi (Accounting Honor Society) Member, Beta Gamma Sigma (Business Honor Society) PROFESSIONAL EXPERIENCE 2006 Present Managing Director and Regional Advisor for the United States, International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University, Provo, Utah Assist in directing all aspects of the Center s mission including academic research, writing and conference addresses, the planning and organization of the Center s annual Law and Religion Symposium along with numerous international conferences each year, the planning and initiation of development activities, the creation and maintenance of three Center websites (www.iclrs.org, www.strasbourgconsortium.org, www.religlaw.org) used as a worldwide resource for law and religion materials and discussion, supervision of the Center s budgeting and accounting, the initiation and execution of the strategic planning for the Center to carry out law and religion initiatives in the United States and internationally. Classes Taught: U.S. Taxation of Religious Organizations, J. Reuben Clark Law School Financial Accounting, University of Notre Dame
Managerial Accounting, University of Notre Dame 2003 2006 Executive Vice President and General Counsel, CaseData Corporation, Bountiful, Utah Participate in corporate strategy and discovery consulting for major national corporations and law firms throughout the United States. Supervise legal affairs including transactions, litigation, employment law, and intellectual property. 2000 2003 Attorney and Shareholder, Kirton & McConkie, Salt Lake City, Utah Business and tax planning, litigation, tax controversies, representation and briefing before IRS and U.S District Court in large multi-year tax examinations, mediation, private letter ruling requests and other representation before federal and state government agencies. 1999-2000 Attorney, Swidler Berlin, Salt Lake City Utah Business and tax planning, litigation, tax controversies, representation and briefing before IRS in large multi-year tax examinations, mediation, private letter ruling requests and other representation before federal and state government agencies. 1996-1998 Attorney, Miller & Chevalier, Washington, DC Business and tax planning, litigation, supervision of discovery team in large international tax litigation, preparation of briefs before IRS. 1992-1996 Kirkland & Ellis, Chicago Illinois Transactional tax and business planning and research, litigation, tax controversies, briefing before IRS, supervised audit response to Inland Revenue (U.K.) examination of English subsidiary of U.S. multi-national corporation, private letter ruling requests. 1992 United States District Court, District of Idaho, Boise, Idaho Judicial Clerk to Judge Larry M. Boyle 1991-1992 Supreme Court of Idaho, Boise Idaho Judicial Clerk to Justice Larry M. Boyle 1987-1988 Deloitte & Touche, Washington, DC Senior Tax Consultant 1986 1987 Adjunct Professor, Mendoza College of Business, University of Notre Dame Classes Taught: Financial Accounting (1986)
Managerial Accounting (1987) 1984-1986 Deloitte & Touche, Orange County, California Auditor SCHOLARSHIP Publications: Law Related: Religious Organizations and the Law, Co-author with W. Cole Durham, Jr. and William W. Bassett (2 vol.) Thompson West publisher (updated annually) Religion and Education: Comparative Experiences (English and Russian), published presented as part of the conference proceedings of the 3 rd International Theoretical and Practical Seminar titled Freedom of Conscience in a Multiethnic and Multifaith Society. Krasnodar, Russia (2006) After the Alamo: Taxpayer Claims of Privilege and the IRS War on Tax Shelters, 98 Tax Notes 233 (Jan. 13, 2003) Closely Held Corporations: Tax Issues and Planning Considerations in Utah, January 28, 2003 (with Kenneth W. Birrell, Esq.). Published as part of a presentation sponsored by the Lorman Institute in Salt Lake City. Taxation of U.S. Corporations with Foreign Source Income, September 4, 2002 (with Kenneth W. Birrell, Esq.). Published as part of a presentation sponsored by the Lorman Institute in Salt Lake City. Fairness and Equality in the Courts Report of the Fairness and Equality Committee of the Supreme Court of Idaho, March, 1992. Honorable Larry M. Boyle, Justice of the Supreme Court of Idaho, Chair. (Editor of the Report). Judicial Clerkships: Other Mountains from Which to View the World, Clark Memorandum, Spring 1992, pp. 28-33. Editor-in-chief 1990 B.Y.U. Law Review No. 2, Pages 577-728 Symposium on Public Choice and the Judiciary, 1990 B.Y.U. Law Review No. 3, Pages 729 1268 Symposium: Europe 1992, 1990 B.Y.U. Law Review No. 4, Pages 1269 1838 Symposium on Family Law, 1991 B.Y.U. Law Review No. 1, Pages 1 736 Federal Courts Symposium II, 1991 B.Y.U. Law Review No. 2, Pages 737 1199
Member, B.Y.U. Law Review (1989 1990) 1989 B.Y.U. Law Review No. 3, Pages 759 991 1989 B.Y.U. Law Review No. 4, Pages 993 1368 Federal Courts Symposium, 1990 B.Y.U. Law Review No. 1, Pages 1-576 The Eleventh Amendment s Clear Statement Test After Dellmuth v. Muth and Pennsylvania v. Union Gas Co., 1990 B.Y.U. Law Review 1157. Other: Electronic Discovery Reference Model, Lead Editor of project. Work-in-process draft at www.edrm.net. Legal Uncertainties Provide Impetus to the Electronic Discovery Reference Model Project (article describing need for EDRM project) Six Sigma and the Corporate Legal Department Spotlight on Litigation Discovery, May, 2003 (with Eric Blackhurst, Esq.) Presentations and Lectures: Religious Education in the Public Schools: International Comparisons And the Path Ahead in the United States (part of JRCLS presentation) Enforcement of Religious Freedom in the United States of America, (part of St. Petersburg conference) The Attorney-Client Privilege in the Transactional Context, Texas Federal Tax Institute, San Antonio, Texas, June 6, 2003. Recorded panel discussion with Robert T. Smith, Esq., Kirton & McConkie, Emily M. Parker, Esq., Deputy Chief Counsel, Internal Revenue Service, and Lee Sheppard, Esq., columnist of Tax Notes, New York, New York. The Attorney-Client Privilege: Casualty of the IRS War on Tax Shelters?, November 7, 2002. Presentation to tax attorneys and accountants in Salt Lake City, Utah. State and Local Taxation Affecting Telecommunications Companies, December 21, 1998. Paper presented to attorneys in Washington, D.C. Splitting a Business, September 20, 1994 (with Jeffrey T. Sheffield, Esq.). Published as part of a presentation sponsored by the American Conference Institute in Chicago, Illinois.
Tax Developments of 1987 (with David E. Kerr). Paper presented to Attorneys and Certified Public Accountants in Washington, D.C. Coping with the Details of Passive Activities (with Douglas W. Banks, Esq.). Paper presented to Attorneys and Certified Public Accountants in Washington, D.C. The Definition of a Passive Activity, (with Douglas W. Banks, Esq.). Paper presented to Attorneys and Certified Public Accountants in Washington, D.C. Conferences and Symposia: International Conferences Religious Liberty, the Source of all Liberties, Potificia Universidad Catolica Argentina, Buenos Aires, Argentina, April 28 29, 2008. Co-sponsored by the Argentine Council for Religious Liberty and the International Center for Law and Religion Studies at BYU State, Religion and Law in and beyond South Asia: Comparative Perspectives, New Delhi, India, February 14 16, 2008. Co-sponsored by the International Center for Law and Religion Studies at BYU, the Association of Scholars of Religion and Law, the Institute of Advanced Legal Studies at Amity University, Amicus Juris Law Firm, the Department of Ecclesiastical Studies at the University of Milan, the Institute for European Constitutional Law, the University of Trier. Implementation of Freedom of Religion or Belief: International and Russian Experience Conference, St. Petersburg, Russia, June 22 23, 2007. Co-sponsored by the International Center for Law and Religion Studies at BYU, the Expert Council of the Russian Federation s Human Rights Ombudsman, Institute of Religion and Law, Department of Religious-State Relations of the Russian Academy of State Service in the Russian Administration, Russian State Humanities University, Institute for the Rule of Law in the office of the General Prosecutor of the Russian Federation, the society Znanie from St. Petersburg and the Leningrad region, the Administration of St. Petersburg and the Leningrad Region. International Symposium on Charity Law Legislation, Beijing, People s Republic of China, June 12 14, 2007. Sponsored by the Legislative Affairs Office of the Ministry of Civil Affairs of the People s Republic of China. Religion and Civil Society: The Contemporary Position and Development of Perspectives, Moscow, Russia, February 2006. Co-sponsored by The International Center for Law and Religion Studies at BYU and the Russian Academy of Public Administration.
Global Processes and Religious Diversity in Russia and the World, Moscow, Russia, February 2006. Co-sponsored by the International Center for Law and Religion Studies at BYU and the Russian State University of Humanites. Third International Theoretical and Practical Seminar on Freedom of Conscience in a Multiethnic and Multifaith Society, Krasnodar, Russia, September 13-15, 2006. International Scientific Conference on the Interaction of State and Religious Organizations: Legal and Political Aspects, Department of Religious Research of Philosophy Institute of the National Academy of Sciences of Ukraine, Kiev, Ukraine, May 19-20, 2006. Domestic Conferences Why International Religious Freedom? The Origins and Promise of the U.S. International Religious Freedom Policy, symposium commemorating the Tenth Anniversary of the Passage of the International Religious Freedom Act, Washington, DC, February 25, 2008. Sponsored by the Berkley Center for Religion, Peace and World Affairs at Georgetown University, Council on Faith and International Affairs at the Institute for Global Engagement, the International Center for Law and Religion Studies at BYU. Religious Freedom and U.S. Foreign Policy, Washington, D.C., October 12, 2007. U.S. Foreign Policy on International Religious Freedom and Religious Groups Conceptions of Religious Liberty and Practical Religious Freedom Concerns in the United States, Georgetown Law Center, Washington, D.C., October 11, 2007. Religion, Identity and Stability: Legal Challenges of Religious Difference, Fourteenth Annual International Law and Religion Symposium, Provo, Utah, October 7 9, 2007 North American Interfaith Network (NAIN) Conference, Richmond, Virginia, July 12 16, 2007. 2007 Annual Conference for the J. Reuben Clark Law Society, Malibu, California, February 16 17, 2007. The Role of Interreligious Dialogue in Conflict Resolution, New York, New York, October 2006.
Co-sponsored by the United Nations NGO Committee on Freedom of Religion or Belief, The Columbia Center for the Study of Human Rights, and the International Center for Law and Religion Studies at BYU. Distinguished panel hosted by the U.S. Mission to the United Nations. The 1981 U.N. Declaration on Religious Tolerance and Non-Discrimination: Implementing Its Principles after Twenty-five Years, Thirteenth Annual International Law and Religion Symposium, Provo, Utah, October 1 3, 2006. MEMBERSHIPS, AFFILIATIONS AND PRO BONO REPRESENTATIONS Member: Utah State Bar (2000 to present) District of Columbia Bar (1998 to present) Maryland Bar (1996 to present) Illinois Bar (1992 to present: currently inactive status) Certified Public Accountant, California (1986) Member: American Bar Association (1996 to present) Court Procedure and Practice Committee (ABA Tax Section) (1997 to present) Administrative Practice Committee (ABA Tax Section) (1997 to present) Association of Corporate Counsel (2003 to present) Pro Bono Representation of classes, associations and individuals Class of Mariel Cubans before the Inter-American Commission on Human Rights Homeowners Association in multi-year representation before Salt Lake County Individuals in civil and criminal matters Editor-in-Chief of Electronic Discovery Reference Model, an industry treatise involving some 80 participants from major law firms, international corporations and electronic discovery vendors. Work-in-process draft at www.edrm.net LANGUAGE Language Spanish, fluent in speaking and conversation