Name: Malcolm Barry Estes Smith
(aka: Malcolm. B. E. Smith, Barry Smith, M.B.E. Smith)
Home Address: 9 Park Street
Florence, MA 01062
Academic Office: Department of Philosophy, Smith College
Northampton, MA 01063
Law Office: P.O. Box 839
Northampton, MA 01061-0839
Fax: (413) 586-2066
Virginia Military Institute, B.A. in English, 1961
Cornell University, Ph.D. in Philosophy, 1969
(Dissertation: A Critical Study of the Emotive Theory of Ethics)
Yale Law School, Visiting Scholar, fall semester, 1972
Boalt Hall School of Law, University of California, Berkeley, Visiting Professor
(no teaching duties), spring semester, 1978
Boalt Hall School of Law, University of California, Berkeley, J.D., 1984
(third year at Harvard Law School)
Graduate Assistant in Philosophy, Cornell University, 1962-64
United States Army, 1964-66 (Honorably discharged at rank of Captain.)
Instructor in Philosophy, Smith College, 1967-69
Assistant Professor of Philosophy, Smith College, 1969-74
Associate Professor of Philosophy (with tenure), Smith College, 1974-79
Chair, Philosophy Department, Smith College, 1978-81, 1990-94, 1996-97
Professor of Philosophy, Smith College, 1979-2002
Emeritus Professor of Philosophy, Smith College, 2002—
Law clerk, Firm of Brownell, Gliserman, et al, Northampton, MA, June-August 1982;
August 1984-January 1985
Solo law practice, 1985--
Admitted to the Massachusetts Bar, 1985; Bar of U.S. District Ct., 1st Cir., 1985; Bar of U.S. Supreme Ct., 1992.
When I began practice in 1985, I was hungry for work; and so I did a bit of almost everything, including criminal defense, divorce, personal injury and real estate transactions. However, over the years my practice has narrowed to indigent criminal defense, trial and appellate. I have represented many hundreds of clients in criminal cases. I have had over thirty jury trials and have argued more than twenty appeals. I am certified by the Massachusetts Commitee on Public Counsel Services to represent indigents in District Court, in Superior Court and in the Appeals Court and the Supreme Judicial Court. I have argued one federal habeas corpus petition, and I later filed an unsuccessful petition for certiori to the United States Suprme Court.
1. Indifference and Moral Acceptance, 9 American Philosophical Quarterly , 86-93 (1972).
2. Is There a Prima Facie Obligation to Obey the Law?, 82 Yale L.J. 950-976 (1973).
Reprinted in R. Wasserstrom, ed., Today's Moral Problems, 1st. ed., (Macmillan, 1975), in J. Feinberg and H. Gross, Law in Philosophical Perspective, (Dickenson, 1977), and in W. Edmunson, The Duty to Obey the Law (Rowman and Littlefield, 1999).
3. Wolff's Argument for Anarchism, 8 Journal of Value Inquiry 290-295 (1973).
4. Review Article: Kadish & Kadish, Discretion to Disobey, 83 Yale L.J. 1534- 1549 (1974).
5. Foot and Hare on Naturalism, 5 Metaphilosophy 187-197 (1974)
6. The Value of Participation, Nomos XVI: Participation in Politics, 126-135 (Lieber-Atherton, 1975).
7. Rawls and Intuitionism, Canadian Journal of Philosophy, Sup. Vol. III: New Essays on Contractarianism, 163-178 (1977).
8. Ethical Intuitionism and Naturalism: a Reconciliation, 9 Canadian Journal of Philosophy 609-29 (1979).
9. Rights, Right Answers, and the Constructive Model of Morality, 5 Social Theory and Practice 409-25 (1980).
10. Review Essay: The Obligation to Obey the Law: Revision or Explanation?, 8 Criminal Justice Ethics 60-70 (Summer/Fall 1989).
11. Should Lawyers Listen to Philosophers About Legal Ethics?, 9 Law and Philosophy 67-93 (1991); excerpted in Problems in Professional Responsibility (A. Kaufman, ed., 3d ed. 1990, 4th ed. 2002).
12. Reply to David Luban, 10 Law and Philosophy 427-432 (1991).
13. Review Essay: The Best Intuitionistic Theory Yet!--Thomson on Rights, 11 Criminal Justice Ethics 85-97 (Summer/Fall 1992)
14. The Duty to Obey the Law, in D. Patterson, ed., Companion to the Philosophy of Law and Legal Theory, 465-74 (Blackwell Publishers, 1996).
15. Review Essay: Rights and Responsibility: Lloyd L. Weinreb, Oedipus at Fenway Park, 15 Criminal Justice Ethics, 75-85 (Winter/Spring 1996).
16. Do Appellate Courts Regularly Cheat?,” 16 Criminal Justice Ethics, 11-19 (Summer/Fall, 1967).
17. May Judges Ever Nullify the Law?, 74 Notre Dame L.R. 1657-71 (1999)
18. Review Essay: Can A Lawyer Be Happy?, 19 Criminal Justice Ethics, 44-52 (Summer/Fall 2000)
19. What Is Probative About Our Moral Intuitions?, in draft.
N.B.: All publications are under the name “M. B. E. Smith”
I have delivered papers at Brown University (1969, 1974, 1979), S.U.N.Y. at Albany (1971), University of Massachusetts, Amherst (1972, 1974), the Eastern Meeting of the American Philosophical Association (1973), University of California, Berkeley, (1978), University of California, Santa Barbara, (1978), University of Minnesota (1978), University of San Diego Law School (1978), New England Political Science Association (1979), UCLA Law School (1988), Harvard University (1988), Smith College (1997) and Arizona State University Law School (2003).
I attended a week-long workshop in medical ethics offered by the Hastings Institute in 1975. I was a participant in the Summer Institute in Law and Ethics, offered by the Council for Philosophical Studies at Williams College in 1977. I have served as a referee for Ethics, Social Theory and Practice, Law & Philosophy, and Legal Theory. I am a sometime member of the American Philosophical Association, of the American Society for Political and Legal Philosophy, and of the Society for Philosophy and Public Affairs. From 1993-95 I served on the Board of Advisors to the Program Committee, Eastern Divison, American Philosophical Association, to advise them about symposia or colloquia in the philosophy of law. In 1996, I taught an eight hour course in jurisprudence to a class of some 25 Massachusetts judges, under the auspices of the Flaschner Judicial Institute, Boston, MA.
1986-93, Director, Franklin / Hampshire MentalHealth Center, Northampton, MA.
1996- , Director and Treasurer, Cutchins Center For Children and Families, Northampton, MA.