Michael Goldsmith
Encyclopedia
Michael Goldsmith was a law professor at Brigham Young University
Brigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...

's J. Reuben Clark Law School
J. Reuben Clark Law School
The J. Reuben Clark Law School is a professional graduate school located in Provo, Utah at Brigham Young University. Founded in 1973, the school is named after J. Reuben Clark, Jr.—former U.S. Ambassador, Undersecretary of State, and LDS Church General Authority—and its charter dean was former...

.

Early life and education

Michael Goldsmith was born March 6, 1951 in Tel Aviv, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

 and immigrated to the United States of America with his family in June 1955. He attended Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...

 in Ithaca, New York
Ithaca, New York
The city of Ithaca, is a city in upstate New York and the county seat of Tompkins County, as well as the largest community in the Ithaca-Tompkins County metropolitan area...

, receiving a BS
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...

 with a concentration in Industrial & Labor Relations and Political Science in 1972. In 1975, he obtained a law degree from Cornell Law School
Cornell Law School
Cornell Law School, located in Ithaca, New York, is a graduate school of Cornell University and one of the five Ivy League law schools. The school confers three law degrees...

, in the process earning the Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...

.

Early career

Following law school, Goldsmith spent one year clerking for United States District Judge Albert W. Coffrin in Burlington, Vermont
Burlington, Vermont
Burlington is the largest city in the U.S. state of Vermont and the shire town of Chittenden County. Burlington lies south of the U.S.-Canadian border and some south of Montreal....

. He spent a second year in Vermont, as Deputy State's Attorney in Chittenden County
Chittenden County, Vermont
Chittenden County is a county located in the U.S. state of Vermont. As of 2010, the population was 156,545. Its shire town is Burlington. Chittenden is the most populous county in the state, with more than twice as many residents as Vermont's second-most populous county, Rutland.Chittenden County...

, before moving on to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 to serve as Senior Staff Counsel to the House Select Committee on Assassinations from 1977 to 1979. He spent the following year as Assistant U.S. Attorney in the U.S. Attorney's Office in Philadelphia before turning to the career path for which he is most widely known, that of law professor. Goldsmith taught at Vanderbilt University Law School
Vanderbilt University Law School
Vanderbilt University Law School is a graduate school of Vanderbilt University. Established in 1874, it is one of the oldest law schools in the southern United States. Vanderbilt Law has consistently ranked among the top 20 law schools in the nation, and is currently ranked 16th in the 2012...

 in Nashville, Tennessee
Nashville, Tennessee
Nashville is the capital of the U.S. state of Tennessee and the county seat of Davidson County. It is located on the Cumberland River in Davidson County, in the north-central part of the state. The city is a center for the health care, publishing, banking and transportation industries, and is home...

, from 1980 to 1983.
From 1983 to 1985, Goldsmith served as Counsel to the New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

 State Organized Crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...

 Task Force in White Plains
White Plains, New York
White Plains is a city and the county seat of Westchester County, New York, United States. It is located in south-central Westchester, about east of the Hudson River and northwest of Long Island Sound...

, New York. He directed eavesdropping operations against various mob figures, culminating in his testimony against John Gotti
John Gotti
John Joseph Gotti, Jr was an American mobster who became the Boss of the Gambino crime family in New York City. Gotti grew up in poverty. He and his brothers turned to a life of crime at an early age...

 in the late 1980s in a state case charging Gotti with conspiracy to commit murder. Gotti was acquitted because of jury tampering for which his associates were later successfully prosecuted.

Thereafter, Goldsmith returned to teaching, this time as Professor of Law at Brigham Young University
Brigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...

's J. Reuben Clark Law School
J. Reuben Clark Law School
The J. Reuben Clark Law School is a professional graduate school located in Provo, Utah at Brigham Young University. Founded in 1973, the school is named after J. Reuben Clark, Jr.—former U.S. Ambassador, Undersecretary of State, and LDS Church General Authority—and its charter dean was former...

.

Goldsmith was admitted to the bar in Vermont in 1976, in New York in 1976, and in Utah in 1987.

Law professor

Building on his prior legal and teaching experience, in 1985 Goldsmith began teaching at the J. Reuben Clark Law School, ultimately terming as Woodruff J. Deem Professor of Law. He taught courses on evidence, criminal procedure, Racketeer Influenced and Corrupt Organizations Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...

 (RICO), trial advocacy, and complex criminal investigations. Devoted to his students, Goldsmith continued to teach even after his diagnosis of amyotrophic lateral sclerosis
Amyotrophic lateral sclerosis
Amyotrophic lateral sclerosis , also referred to as Lou Gehrig's disease, is a form of motor neuron disease caused by the degeneration of upper and lower neurons, located in the ventral horn of the spinal cord and the cortical neurons that provide their efferent input...

 (ALS).

Goldsmith had been voted "Best Professor of the Year" by the student body six times, in 1985-1986, 1991–1992, 1998–1999, 2005–2006, 2007–2008, and 2008-2009. Given the unusual circumstance of a New York Jew teaching at the Mormon university's law school, rumors circulated for many years that Goldsmith was in the witness protection program, a rumor which his prodigious publication record easily puts to rest.

U.S. Sentencing Commission

In 1994, President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 appointed Goldsmith to the U.S. Sentencing Commission. He served on the Commission until 1998, serving as Vice-Chairman from 1995 to 1997.

Legal scholarship

Goldsmith's Principles of Evidence (1984), originally co-authored with Irving Younger
Irving Younger
Irving Younger was an American lawyer, law professor, judge, and writer. He is well known among lawyers and law students for his exciting talks on effective trial advocacy and legal history....

, is one of the most widely used Evidence textbooks in American law schools. Currently in its 5th edition, Principles of Evidence is now co-authored by Irving Younger
Irving Younger
Irving Younger was an American lawyer, law professor, judge, and writer. He is well known among lawyers and law students for his exciting talks on effective trial advocacy and legal history....

, Michael Goldsmith, and David Sonenschein.

Additionally, Goldsmith has written extensively on RICO, asset forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...

, and electronic surveillance:
  • Reforming the Civil Rights Act of 1871
    Civil Rights Act of 1871
    The Civil Rights Act of 1871, , enacted April 20, 1871, is a federal law in force in the United States. The Act was originally enacted a few years after the American Civil War, along with the 1870 Force Act. One of the chief reasons for its passage was to protect southern blacks from the Ku Klux...

    : The Problem of Police Perjury, 80 NOTRE DAME L. REV. 1259 (2005).
  • Reconsidering the Constitutionality of Federal Sentencing Guidelines after Blakely: A Former Commissioner’s Perspective, 2004 BYU. L. Rev. 935.
  • Resurrecting RICO: Removing Immunity for White-Collar Crime, 41 HARV. J. LEGIS 281 (Winter 2004).
  • Proximate Cause in Civil Racketeering Cases: The Misplaced Role of Victim Reliance, 59 Washington & Lee L. REV. 83 (2002) (co-authored with Evan Tilton).
  • Corporate Ethics: The Role of Internal Compliance Programmes under the U.S. Sentencing Guidelines (co-authored with Amy Bice-Larson), chapter 5 of UNDERSTANDING HOW ISSUES IN BUSINESS ETHICS DEVELOP 118 (Palgrave MacMillan 2002).
  • Lake Wobegon
    Lake Wobegon
    Lake Wobegon is a fictional town in the U.S. state of Minnesota, said to have been the boyhood home of Garrison Keillor, who reports the News from Lake Wobegon on the radio show A Prairie Home Companion....

     and the U.S. Sentencing Guidelines: The Problem of Disparate Departures, 69 G.W. L. REV. 57 (2000) (co-authored with Marcus Porter).
  • The U.S. Sentencing Guidelines: A Surprising Success, OCCASIONAL PAPERS FROM THE CENTER FOR RESEARCH IN CRIME AND JUSTICE (1998), New York University School of Law
    New York University School of Law
    The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....

     (co-authored with James Gibson
    James Gibson
    -In science and academia:*James J. Gibson , American psychologist*James B. Gibson , American astronomer who discovered 2309 Mr...

    ).
  • Policing Corporate Crime: The Dilemma of Internal Compliance Programs, 50 VAND. L. REV. 1 (1997) (co-authored with Chad King
    Chad King
    Chad King is an Australian rowing coach.-Early life:Chad King grew up in Penrith on the outer suburbs of Sydney, Australia were he was identified as part of a talent identification scheme as a potential Olympic rower for the 2000 Summer Olympics. He went on to represent Nepean Rowing Club as a...

    ).
  • Judicial Immunity for White-Collar Crime: The Ironic Demise of Civil RICO, 30 HARV. J. LEGIS. 1 (1993).
  • The Electronic Surveillance of Privileged Communications: Two Doctrines in Conflict, 64 S. CAL. L. REV. 903 (1991) (co-authored with Kathryn Balmforth).
  • Civil RICO Reform: The Gatekeeper Concept, 23 VAND. L. REV. 735 (1990) (co-authored with Mark Linderman).
  • Asset Forfeiture and Third Party Rights: The Need for Further Law Reform, 1989 DUKE L. J. 1254 (co-authored with Mark Linderman).
  • Civil RICO, Foreign Defendants, and "ET," 73 MINN. L. REV. 1023 (1989) (co-authored with Vicki Rinne).
  • RICO and Enterprise Criminality: A Response to Gerard S. Lynch, 88 COLUM. L. REV. 774 (1988).
  • RICO and "Pattern:" The Search for Continuity Plus Relationship," 73 CORNELL L. REV. 971 (1988).
  • Eavesdropping Reform: The Legality of Roving Surveillance, 1987 U. ILL. L. REV. 401.
  • Civil RICO Reform: The Basis for Compromise, 71 MINN. L. REV. 827 (1987).
  • Civil RICO Abuse: The Allegations in Context, 1986 BYU L. REV. 55 (co-authored with Penrod Keith).
  • The Supreme Court
    Supreme Court of the United States
    The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

     and Title III
    Title III
    The Title III Program is a United States federal grant program to improve education.It began as part of the Higher Education Act of 1965, which sought to provide support to strengthen various aspects of schools through a formula grant program to accredited, legal authorized Historically Black...

    : Rewriting the Law of Electronic Surveillance, 74 J. CRIM. L. & CRIMINOLOGY 1 (1983).
  • Criminal Redistribution of Stolen Property: The Need for Law Reform, 74 MICH. L. REV. 1511 (August 1976) (co-authored with Prof. G. Robert Blakey
    G. Robert Blakey
    George Robert Blakey is an American attorney and law professor. He is best known for his work in connection with drafting the Racketeer Influenced and Corrupt Organizations Act and for scholarship on that subject.-Education and family:Blakey graduated from the University of Notre Dame in 1957,...

    ).
  • Property Qualifications for Voting in Special Purpose Districts: Beyond The Scope of "One Man-One Vote," 59 CORNELL L. REV. 687 (1974).


In addition to extensive consulting and lecturing experience, Goldsmith has also written the following articles:
  • My Turn: Batting for the Cure: Diagnosed with a Deadly but Uncommon Illness, I Call Upon the Game of My Youth to Take Action, Newsweek
    Newsweek
    Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...

    , Nov. 1, 2008 (issue dated Nov.10, 2008).
  • Embryonic Stem Cell Research: A New Approach to Funding, National Law Journal, Feb. 8, 2007, Op-ed.
  • Call a Search a Search, National Law Journal, June 19, 2006, Op-ed, p. 27.
  • Preserving the Constitutionality of Federal Sentencing Guidelines, Testimony Before the U.S. Sentencing Commission, November 16, 2004.
  • A Former Sentencing Commissioner Looks Forward, FEDERAL SENTENCING REPORTER, Vol. 12, No. 2 (September/October 1999).
  • Sentencing Reform That Works, Washington Post, Nov. 14, 1996, Op-ed page.
  • Statement on U.S. Sentencing Policy, contained in The U.S. Sentencing Commission and Cocaine Sentencing Policy, Hearing before the Committee on the Judiciary, United States Senate, 104th Cong., 1st Sess. on Examining U.S. Sentencing Commission Recommendations for Cocaine Sentencing, Serial No. J-104-40 at 26 (1995).
  • Establishing a Civil RICO Unit Within the Office of the Attorney General, National Association of Attorneys General (1991 Monograph).
  • The Entrapment Defense in Narcotics Cases: Guidelines for Law Enforcement, NARCOTICS CONTROL TECHNICAL ASSISTANCE PROGRAM, BUREAU OF JUSTICE ASSISTANCE (1990 Monograph).
  • Plea Bargaining Under the New Federal Sentencing Guidelines, 3 CRIMINAL JUSTICE 3 (Spring 1988) (co-authored with Donald Purdy).
  • Undermining Civil RICO, 2 CRIMINAL JUSTICE 6 (Spring 1987) (co-authored with Todd Maynes).
  • Statements on RICO Reform, contained in Proposed RICO Reform Legislation, Hearings before the Committee on the Judiciary, United States Senate
    United States Senate
    The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

    , 100th Cong., 1st Sess. on S. 1523, at 334 (1987); RICO Reform, Hearings before the Committee on the Judiciary, Subcommittee on Criminal Justice, House of Representatives
    United States House of Representatives
    The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

    , 99th Cong., 1st & 2nd Sess., Part 2, Serial 140, at 1261 (1986).
  • A Statement for the Reform of Federal Eavesdropping Legislation, contained in 1984: Civil Liberties and the National Security State, Hearings before the Committee on the Judiciary, Subcommittee on Courts, Civil Liberties, and the Administration of Justice, House of Representatives], 98th Cong., 1st & 2nd Sess., Serial 103, at 151, 189 (1984); see also Comments on Proposed Reform, contained in Electronic Communications Privacy Act, 99th Cong., 1st & 2nd Sess., Serials, at 400 (1986).
  • On RICO Reform, New York Times, July 15, 1986, Op-ed page.
  • The Legality of Chemical Testing in Professional Sports, New York Times, February 9, 1986, Section V, p. 2.
  • CIVIL RICO: Suing the Profits out of Economic Crime, 12 VANDERBILT LAWYER 8 (Winter 1982).
  • The Investigation of the Assassination of President John F. Kennedy
    John F. Kennedy
    John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....

    , Appendix to Hearings before the Select Committee on Assassinations of the House of Representatives, 95th Cong., 2nd Sess., Volume 6, Photographic Evidence, March, 1979 (co-editor).

Private practice

A nationally recognized expert in the Racketeer Influenced and Corrupt Organizations Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...

 (RICO), Goldsmith studied under G. Robert Blakey
G. Robert Blakey
George Robert Blakey is an American attorney and law professor. He is best known for his work in connection with drafting the Racketeer Influenced and Corrupt Organizations Act and for scholarship on that subject.-Education and family:Blakey graduated from the University of Notre Dame in 1957,...

 while attending law school at Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...

. Goldsmith has served as a consultant nationwide on RICO, commercial fraud litigation, electronic surveillance, and criminal defense. More recently, he has handled high-profile civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 cases.

He was notably a member of the victorious defense team in the bribery case involving the Salt Lake City Olympics.

Awards

In addition to Goldsmith's numerous Law Professor of the Year awards, he was also the first annual recipient of the Michael Goldsmith outstanding Trial Lawyer Award, bestowed by the organizers of the Orrin G. Hatch Distinguished Trial Lawyer Lecture Series in November 2008.

ALS advocacy work

Michael Goldsmith was diagnosed with amyotrophic lateral sclerosis
Amyotrophic lateral sclerosis
Amyotrophic lateral sclerosis , also referred to as Lou Gehrig's disease, is a form of motor neuron disease caused by the degeneration of upper and lower neurons, located in the ventral horn of the spinal cord and the cortical neurons that provide their efferent input...

 (ALS), also known as Lou Gehrig's disease, in September 2006. With slower than normal neuromuscular decline, Goldsmith determined to become an ALS fundraising advocate.

While attending a Baltimore Orioles
Baltimore Orioles
The Baltimore Orioles are a professional baseball team based in Baltimore, Maryland in the United States. They are a member of the Eastern Division of Major League Baseball's American League. One of the American League's eight charter franchises in 1901, it spent its first year as a major league...

 fantasy baseball camp, Goldsmith realized that July 4, 2009, would mark the 70th anniversary of Lou Gehrig
Lou Gehrig
Henry Louis "Lou" Gehrig , nicknamed "The Iron Horse" for his durability, was an American Major League Baseball first baseman. He played his entire 17-year baseball career for the New York Yankees . Gehrig set several major league records. He holds the record for most career grand slams...

's farewell speech at Yankee Stadium
Yankee Stadium
Yankee Stadium was a stadium located in The Bronx in New York City, New York. It was the home ballpark of the New York Yankees from 1923 to 1973 and from 1976 to 2008. The stadium hosted 6,581 Yankees regular season home games during its 85-year history. It was also the former home of the New York...

. In an article in Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...

entitled "Batting for the Cure", Goldsmith called on Major League Baseball
Major League Baseball
Major League Baseball is the highest level of professional baseball in the United States and Canada, consisting of teams that play in the National League and the American League...

 to make July 4, 2009, ALS-Lou Gehrig Day.
That article provoked a groundswell and was ultimately read by Bud Selig
Bud Selig
Allan Huber "Bud" Selig is the ninth and current Commissioner of Major League Baseball, having served in that capacity since 1992 as the acting commissioner, and as the official commissioner since 1998...

, the commissioner of baseball, who determined to implement Goldsmith's idea.

On July 4, 2009, every Major League Baseball park in which a game was being played held on-field ceremonies commemorating Lou Gehrig's famous speech and raising awareness and funds in the fight against ALS. In Yankee Stadium, following a half-hour ceremony which included recitation of portions of Lou Gehrig's speech by current Yankee players, Goldsmith himself threw out the ceremonial first pitch. At the event, entitled MLB 4 ALS Awareness, all on-field personnel wore patches with Lou Gehrig's Number 4 on them. Four major non-profit organizations teamed with Major League Baseball in the fight against ALS: The ALS Association, ALS TDI
ALS Therapy Development Institute
The ALS Therapy Development Institute is a non-profit biotechnology company seeking effective treatments for amyotrophic lateral sclerosis . It is a registered 501 non-profit organization in the United States...

, Augie's Quest (the Muscular Dystrophy Association
Muscular Dystrophy Association
The Muscular Dystrophy Association is an American organization which combats muscular dystrophy and diseases of the nervous system and muscular system in general by funding research, providing medical and community services, and educating health professionals and the general public...

's ALS research initiative), and Project A.L.S. Lou Gehrig's speech was read during the seventh inning stretch at every Major League Baseball park in which a game was being played on July 4, 2009.

Personal life

Goldsmith had two children, Austen Goldsmith (born 1984) and Jillian Goldsmith (born 1988). Austen graduated from Cornell in 2007 with a BS in Applied Economics and Management and is currently working for Sentry Technology in Philadelphia. Jillian is currently a student at Cornell majoring in Human Development; she plans to be a teacher.

Goldsmith resided in Heber City, Utah.

Goldsmith was Jewish.

Death

Michael Goldsmith died in New York State on November 1, 2009. The cause of death was respiratory failure from ALS
ALS
ALS refers to amyotrophic lateral sclerosis, also known as Lou Gehrig's diseaseIt may also refer to:-Medicine:* Advanced life support, a level of medical training* Anterolateral system, part of the nervous system...

.

Baseball Commissioner Bud Selig issued a statement following Goldsmith's passing. Major League Baseball dedicated Game 5 of the World Series to Michael Goldsmith; a spot aired during the seventh inning encouraging fans to support ALS charities. Notice of his death ran in many newspapers, lauding particularly his skills as a law professor and his ALS advocacy work.
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