Rebecca Beach Smith (born 1949) is a

senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...

United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...

of the

United States District Court for the Eastern District of Virginia The United States District Court for the Eastern District of Virginia (in case citations, E.D. Va.) is one of two United States district courts serving the Commonwealth of Virginia. It has jurisdiction over the Northern Virginia, Hampton Roa ...

and a civic leader. Among her many decisions is the 2011 ruling that decided the title to and restrictions upon artifacts salvaged from the wreck of the .

Early life, education

Smith was born in

Hopewell, Virginia Hopewell is an independent city (United States), independent city surrounded by Prince George County, Virginia, Prince George County and the Appomattox River in the Commonwealth (U.S. state), Commonwealth of Virginia, United States. At the 202 ...

. She received a

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

degree from the

College of William & Mary The College of William & Mary (abbreviated as W&M) is a public university, public research university in Williamsburg, Virginia, United States. Founded in 1693 under a royal charter issued by King William III of England, William III and Queen ...

in 1971, and then received a

Master of Arts A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Those admitted to the degree have ...

degree from the

University of Virginia The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia, United States. It was founded in 1819 by Thomas Jefferson and contains his The Lawn, Academical Village, a World H ...

in 1973. After she worked as a planning analyst for Enviro-Med, Inc. (1973-1974) and research associate at the

National Academy of Sciences The National Academy of Sciences (NAS) is a United States nonprofit, NGO, non-governmental organization. NAS is part of the National Academies of Sciences, Engineering, and Medicine, along with the National Academy of Engineering (NAE) and the ...

(1974-1977), Smith attended law school and received her

Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...

from

William & Mary Law School William & Mary Law School, formally the Marshall-Wythe School of Law, is the law school of the College of William & Mary, a public research university in Williamsburg, Virginia. It is the oldest extant law school in the United States, having be ...

in 1979. She was executive editor of the ''William and Mary Law Review'', graduated first in her law school class and was awarded membership in the

Order of the Coif The Order of the Coif () is an American honor society for law school graduates. The Order was founded in 1902 at the University of Illinois College of Law. The name is a reference to the ancient English order of trial lawyers, the serjeants-at-la ...

.'August 12, 2011 article on The College of William and Mary web site'
retrieved December 5, 2011. In 1997, Judge Smith received The College of William and Mary Alumni Medallion, the highest award the William and Mary Alumni Association can bestow on a graduate of the College of William and Mary.

Career

After earning her Master of Arts degree, Smith was a planning analyst for Enviro-Med, Inc. in

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

, and

La Jolla, California La Jolla ( , ) is a hilly, seaside neighborhood in San Diego, California, occupying of curving coastline along the Pacific Ocean. The population reported in the 2010 census was 46,781. The climate is mild, with an average daily temperature o ...

from 1973 to 1974. She then was a research associate for the

Institute of Medicine The National Academy of Medicine (NAM), known as the Institute of Medicine (IoM) until 2015, is an American nonprofit, non-governmental organization. The National Academy of Medicine is a part of the National Academies of Sciences, Engineerin ...

in Washington, D.C. from 1974 to 1977. After she graduated from law school, Smith served as a

law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...

in private practice in

Norfolk, Virginia Norfolk ( ) is an independent city (United States), independent city in the U.S. state of Virginia. It had a population of 238,005 at the 2020 United States census, 2020 census, making it the List of cities in Virginia, third-most populous city ...

. She then served as a

for Judge Joseph Calvitt Clarke Jr. of the United States District Court for the Eastern District of Virginia from 1979 to 1980. She was again in the private practice of law at a large firm in Norfolk from 1980 to 1985.

Federal judicial service

Before being appointed a federal district judge, she was a

United States magistrate judge In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct ...

for the Eastern District of Virginia from 1985 to 1989. On August 4, 1989, President

George H. W. Bush George Herbert Walker BushBefore the outcome of the 2000 United States presidential election, he was usually referred to simply as "George Bush" but became more commonly known as "George H. W. Bush", "Bush Senior," "Bush 41," and even "Bush th ...

nominated Smith for appointment as a United States District Judge of the

to a seat vacated by Judge D. Dortch Warriner. The

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

confirmed Smith's appointment on October 24, 1989, and she received her commission on October 25, 1989. She was the first female federal judge in Virginia. Smith served as Chief Judge for the Eastern District of Virginia and from December 4, 2011 until December 4, 2018. Smith assumed senior status on August 1, 2019.

Notable decisions

Titanic artifacts decision

Premier Exhibitions Inc., the parent company of RMS Titanic Inc., the company that salvaged the artifacts from the wrecked ship RMS ''Titanic'' on the ocean floor, asked Judge Smith to award it sole title to the artifacts with covenants to preserve them forever. On August 15, 2011, Judge Smith granted title to thousands of artifacts from the Titanic to RMS Titanic Inc., subject to a detailed list of conditions concerning preservation of the items.'Norfolk ''Virginian-Pilot'' article, August 16, 2011, on court's final artifacts decision'
retrieved December 5, 2011. The artifacts can be sold only to a company that would abide by the lengthy list of conditions and restrictions. RMS Titanic Inc., can profit from the artifacts through exhibiting them.

Viagra patent decision

Just a few days before her decision in the Titanic artifacts case, Judge Smith upheld the validity of Pfizer Inc.'s

patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...

for the

erectile dysfunction Erectile dysfunction (ED), also referred to as impotence, is a form of sexual dysfunction in males characterized by the persistent or recurring inability to achieve or maintain a Human penis, penile erection with sufficient rigidity and durat ...

pill

Viagra Sildenafil, sold under the brand name Viagra among others, is a medication used to treat erectile dysfunction and pulmonary arterial hypertension. It is also sometimes used off-label for the treatment of certain symptoms in secondary Ray ...

.'Bloomberg News August 15, 2011 article on Viagra patent case decision'
retrieved December 5, 2011. The decision blocked Israeli firm Teva Pharmaceutical Industries Ltd., a manufacturer of

generic drugs A generic drug is a pharmaceutical drug that contains the same chemical substance as a drug that was originally protected by chemical patents. Generic drugs are allowed for sale after the patents on the original drugs expire. Because the active ch ...

, from marketing a generic version until 2019. Teva had argued that the Pfizer patent was invalid and unenforceable. Among reasons for her decision, Judge Smith found there was no convincing evidence to support Teva's claim that Pfizer intentionally withheld documents from the

U.S. Patent and Trademark Office The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alex ...

Civic work

In addition to her professional work, Smith has devoted much time to work with civic groups, professional associations, charities and educational institutions, including a term as President of the Alumni Association of The College of William and Mary. Judge Smith was a founding member of the I'Anson - Hoffman American Inn of Court, which "was established by charter on May 1, 1987, in Norfolk, Virginia, as part of a nationwide movement to emulate the British Inns of Court, for the purpose of promoting the goals of excellence, civility, professionalism and ethics in the legal profession" and was president of the organization between 1989 and 1991. She was a member of the Federal Judges Association's board of directors and the United States Judicial Conference Committee on Technology. She also was the president of the

Norfolk Academy Norfolk Academy (NA) is an independent co-educational day school in Norfolk, Virginia. Chartered in 1728, it is the oldest private school in Virginia and the eighth oldest school in the United States. In 1966, Norfolk Academy merged with Country ...

Board of Trustees between 2002 and 2005 and a trustee of the school, a private elementary and secondary school in Norfolk, Virginia, for eighteen years.The WMU source states simply that Judge Smith was president of the Norfolk Academy but the Norfolk Academy web site lists her as President of the Board of Trustees between 2002 and 2005; this is the only "president" of the institution or an administrative body of the school which is shown on the web sit
'Norfolk Academy web site, Board of Trustees'
retrieved December 7, 2011. United States Chief Justice

John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ...

appointed Smith to the United States Judicial Conference Codes of Conduct Committee, and she was serving in this capacity in 2011.

References

External links

*
'Bloomberg News August 15, 2011 article on Viagra patent case decision'
retrieved December 5, 2011.
'The I'Anson-Hoffman American Inn of Court'
retrieved December 7, 2011.
'Norfolk ''Virginian-Pilot'' article, August 16, 2011, on court's final artifacts decision'
retrieved December 5, 2011.

retrieved December 5, 2011. * ttp://www.norfolkacademy.org/podium/default.aspx?t=42543 'Norfolk Academy web site, Board of Trustees' retrieved December 7, 2011.
'August 12, 2011 article on The College of William and Mary web site'
retrieved December 5, 2011.
'The William and Mary Alumni Association web site'
retrieved December 7, 2011. {{DEFAULTSORT:Smith, Rebecca Beach 1949 births Living people 20th-century American women judges 20th-century American lawyers 20th-century American women lawyers 21st-century American judges 21st-century American women judges College of William & Mary alumni Judges of the United States District Court for the Eastern District of Virginia People from Hopewell, Virginia People from Norfolk, Virginia United States district court judges appointed by George H. W. Bush United States magistrate judges University of Virginia alumni Virginia lawyers William & Mary Law School alumni