Jason A Smith, MTS, JD Faculty Profile

Photo of Jason Smith

Jason  A  Smith, MTS, JD

Associate Professor

Department of Public Health

  • E-mail: jason.smith@csueastbay.edu
  • Phone: (510) 885-3473
  • Office: SF Building, 5th Floor
  • Office Hours: On Sabbatical 2021 - 2022, no office hours
  • Home Page: www.jasonasmith.net
    Note: CSUEB does not pre-approve, monitor, or edit personal pages. Faculty members are solely responsible for their content, and are expected to conform to the policy guidelines of CSUEB.

I have expertise in public health law and am interested in issues of jurisprudence and ethics in public health law. My research has focused primarily on issues of climate disruption, human health, and governance. I have also published on the First Amendment and public health; issues of stigma, and on pedagogy.  I am also interested in issues of climate adaptation, higher education, and strategic planning. I am a fellow of the Executive Leadership Academy at the Center for Studies in Higher Education at UC Berkeley and have completed a certificate in strategic foresight at the University of Houston. I am a 2021 - 2022 ACE Fellow.

  • JD, Northeastern University School of Law
  • MTS, Harvard University
  • BS, University of Tulsa

Not teaching this semester.

Book Chapters

“Law as a Social Determinant of Health,” Chapter in Public Health Law: Concepts and Case Studies. Montrece Ransom and Laura Valladares, editors. Forthcoming 2021.

Smith, J., and C. Ganesh. "Disease Surveillance." Chap. 5 In Climate Change, Public Health, and the Law, edited by M. Burger and J. Gundlach. Cambridge: Cambridge University Press, 2018.

Journal Articles


Editor, Special Issue of Journal of Law, Medicine and Ethics on Climate Change, Human Health, Law and Ethics.  January 2021.

Ganesh C, Schmeltz M, Smith J. Introduction Climate Change and the Legal, Ethical, and Health Issues Facing Healthcare and Public Health Systems. The Journal of Law, Medicine & Ethics. 2020;48(4):636-642.


Mukherjea A, Ali S, Smith JA. A Human Rights Perspective on Palliative Care: Unraveling Disparities and Determinants among Asian American Populations. Topics in Language Disorders. 2020.


Smith, J. A. "Keith Haring, Felix Gonzalez-Torres, Wolfgang Tillmans, and the AIDS Epidemic: The Use of Visual Art in a Health Humanities Course." J Med Humanities  (Feb 23 2018).

Parmet, Wendy E., Micah L. Berman, and Jason A. Smith. "The Supreme Court’s Crisis Pregnancy Center Case — Implications for Health Law." 379, no. 16 (2018): 1489-91. https://doi.org/10.1056/NEJMp1809488.


Parmet, Wendy E. and Smith, Jason A., Free Speech and Public Health: Unraveling the Commercial-Professional Speech Paradox (2017). Ohio State Law Journal, Vol. 78, No. 4, pp. 887-915 (2017)

Stanton, Michael V., and Jason A. Smith. "Law, Stigma, and Meaning: Implications for Obesity and HIV Prevention." The Journal of Law, Medicine & Ethics 45, no. 4 (2017): 492-501.

Ganesh, C., and J. A. Smith. "Climate Change, Public Health, and Policy: A California Case Study." Am J Public Health (Oct 26 2017): e1-e6.

Ganesh, C., & Smith, J. (2017). Using Multiple High-Impact Practices to Reduce Bottlenecks and Improve Student Learning in an Undergraduate Health Science Program. Journal of the Scholarship of Teaching and Learning, 17(2), 74-84.

Smith, Jason A., Jason Vargo, and Sara Pollock Hoverter. "Climate Change and Public Health Policy." The Journal of Law, Medicine & Ethics 45, no. 1_suppl (2017): 82-85

Parmet, W. E., Smith, J. A., & Miller, M. J. (2017). Physicians, Firearms, and Free Speech — Overturning Florida’s Firearm-Safety Gag Rule. New England Journal of Medicine. http://doi.org/10.1056/NEJMp1702516


Parmet, W. E., Smith, J. A., & Miller, M. J. (2016). Wollschlaeger v. Governor of Florida — The First Amendment, Physician Speech, and Firearm Safety. New England Journal of Medicine. http://doi.org/10.1056/NEJMp1605740


Smith, J. A. (2008). Training Individuals in Public Health Law. The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics, 36, 50-60.


Alderman, J., Smith, J. A., Fried, E. J., & Daynard, R. A. (2007). Application of law to the childhood obesity epidemic. The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics, 35, 90-112.


Smith, J. A. (2006). Setting the Stage for Public Health: The Role of Litigation in Controlling Obesity. University of Arkansas Little Rock Law Review, 28, 443.

Parmet, W. E., & Smith, J. A. (2006). Free Speech and Public Health: A Population-Based Approach to the First Amendment. Loyola of Los Angeles Law Review, 39(1), 363-446.


Kelley, B., & Smith, J. A. (2004). Legal approaches to the obesity epidemic: an introduction. Journal of public health policy, 25, 346-352.

Weiss, R. I., Hayne, C. L., & Smith, J. A. (2004). Legislative Approaches to the Obesity Epidemic. J Public Health Pol, 25(3/4), 379-390.

Reports and Other Publications

Lazzarini, Z., Case, P., Smith, J. A., (2011). An Evaluation of the Open Society Institute’s Law and Health Initiative. (Unpublished).

Miura, M., Smith, J. A., & Alderman, J. (2007). Mapping School Food: A Policy Guide.

Smith, J. A. (2006). Health legislation trends in the United States of America, 2001 – 2005. New York: PAHO/WHO.

Smith. J. A. (2006). Legal Curriculum Guide in Jacobson v. Massachusetts in Public Health Law: Perspectives in 2005. Atlanta: Centers for Disease Control and Prevention, Public Health Law Program.

Public Health Law Conference 2020, Building Community Resiliency in the Accelerating Climate Crisis. Accepted panel for Spring 2021. (Conference postponed due to COVID-19 pandemic).

Annual Meeting, American Public Health Association, The role of undergraduate education for climate change and public health. Accepted panelist. Fall 2020.

Northeastern University, School of Law, 2018 Annual Health Law Conference, Diseases of Despair: The Role of Policy and Law, Panelist on Suicide. (April 2018).

University of Houston Law Center, Symposium on Health Law and Climate Change, Participant, Houston, TX (December 2017).

ASLME Health Law Professors Conference, Atlanta, GA (June 2017)

Speaker, “Health, the First Amendment and the Ethics of the Patient-Physician Relationship”

2d Annual Queer Conference, CSUE, Hayward, CA (March 2017)

Public Health Law Conference 2016, Washington, DC (September 2016).

Speaker, “Public Health Law Implications of Climate Change.”

ASLME Health Law Professors Conference, Boston, MA (June 2016).

Speaker, “Climate Change, Public Health and Law.”

Annual Meeting, American Public Health Association, New Orleans (November 2014)

Speaker, “Tyranny of the Individual in Public Health: A Plea for the Public.”

Annual Meeting, American Public Health Association, New Orleans (November 2014)

Speaker, “Conceptualizing Public Health Law to Meet Future Challenges”

CSUEB, Office of Faculty Development, Back to the Bay, Hayward, CA (September 2014)

Poster Presentation, “Using Student Interaction to Develop Empathy.”

ASLME Health Law Professor’s Conference, San Francisco, CA (June 2014).

Speaker, “The Future of Public Health Law Jurisprudence.”

Public Health Law and Science: A Seminar for California Judges, San Diego, CA (September 2013).

Invited Faculty, “History of Threats to Public Health.”

ASLME Health Law Professors’ Conference, Tempe, AZ (June 2012).

Speaker, “Public Health Law: Two Courses Required.”

Annual Meeting, American Public Health Association, Washington, DC (November 2011).

Speaker, “Using the Law to Define a Network for Policy Analysis and the Problem of Attrition Bias: Three Solutions to Validate Network Measures.”

Annual Meeting, American Public Health Association, Denver (November 2010).

Speaker, “Public Health Policy to Support Sexual Minority Youth of Color: A Mixed-Methods Study of the Policy-Making Process.”

Annual Meeting, American Public Health Association, Denver (November 2010).

Speaker, “Law and Leuprolide: Structural and Clinical Issues in the Management of Gender Dysphoria in Children." 

Conference, Using Law, Policy and Research to Improve the Public’s Health. (Atlanta, 2010)

Speaker, “Graph Theory, Ethnography, Qualitative Analysis, and Mixed-Methods: The New Legal Research”

Invited Lecture, Robert Massey History of Medicine and Medical Humanities Lecture Series, Farmington, CT (December 15, 2009) “Licensing: Law, Ethics and Medicine”

Annual Meeting, American Public Health Association, Philadelphia (November 2009)

Speaker, “5170.0 Massachusetts Commission on GLBT Youth: A Model for Using a Stat Commission for GLBT Public Health Policy”

Annual Meeting, American Public Health Association, Philadelphia (November 2009)

Speaker, “3132.3 Public Health Policy, Food Systems and Preemption: A Public Health Approach”

Annual Meeting, American Public Health Association, San Diego, CA (October 2008)

Speaker, "Training in Public Health Law: Limits of Competency-Based Models"

Fifth Conference on Legal Approaches to the Obesity Epidemic, Boston (September 2008)

Speaker, “Beyond Command: Law, Public Health and Effective Interventions to Control Obesity”

Annual Meeting, American Public Health Association, Washington, DC (November 2007)

Speaker, "State and Federal Approaches to Improving the School Food Environment"

Summit, Building Capacities and Communication Linkages in Public Health Law, Public Health Law Association, Washington, DC (November 2007)

Speaker, "Building Individual Competencies in Public Health Law"

Second Annual Grantee Meeting, Healthy Research Program, Minneapolis (October 2007)

Speaker, "Improving the School Food Environment: Legal Obstacles and Opportunities"

Conference, Addressing Alcohol Advertising in New England Communities, Boston (May 2007)

Panelist, “Free Speech Implications of Regulating Outdoor Advertising”

Annual Meeting, American Public Health Association, Boston (November 2006)

Speaker, “Macro-Environmental Application of Law to the Childhood Obesity Epidemic

Fourth Conference on Legal Approaches to the Obesity Epidemic, Boston (November 2006)

Conference organizer, panelist, “The School Food Environment”.

First Annual Grantee Meeting, Healthy Eating Research Program, Robert Wood Johnson Foundation, Princeton (July 20, 2006)

Presenter and panelist, “Emerging Legal/Contractual Issues in the School Food Environment”.

Food Marketing to Children and the Law, Los Angeles (October 2005)

Speaker, “A Public Health Approach to the Commercial Speech Doctrine”.

Third Conference on Legal Approaches to the Obesity Epidemic, Boston (September 2005)

Panelist, “Public – Private Tensions: The Food Industry and Obesity”.

Conference on Law and Obesity, Little Rock (May 2005).

Speaker, “Litigation and Public Health”.

Annual Nutrition Panel, Tufts Medical School, Boston (December 2004)

Panelist, “Childhood Obesity”.

Second Conference on Legal Approaches to the Obesity Epidemic, Boston (September 2004)

Panelist, “Legislative Approaches to the Obesity Epidemic”.

CDC Partnership Conference on Public Health Law, Atlanta (June 2004)

Panelist, “Public Health Literacy for All Attorneys – Integrating Public Health into Law School Curricula”.

Public Health Literacy for Lawyers Conference, Boston (2003)

Panelist, “Inclusion of Non-Legal Disciplines in the Legal Curriculum”.

Tulsa Community AIDS Partnership Symposium,  Tulsa (1995)

Speaker, “Theoretical Perspectives on HIV Prevention and Education Programs”.

College of Science, Collaborative Research Award, “Climate Change in Tulare County,” 2018 – 2019 (Chandrakala Ganesh and Jason Smith, Principal Investigators) $3000.00

National Endowment for the Humanities, “Faculty Seminar to Develop Interdisciplinary Religious Studies Programming,” 2017 – 2018, Principal Investigator, Christopher Moreman, Department of Philosophy, CSUEB (Project Participant), $99,932.61. 

National Science Foundation, San Jose State University, “Collaborative Research: A Technology Pathway Program in Data Technology and Applications,” 2016 – 2019 (Co-PI; PI Jiaofei Zhong, CSUEB Computer Science Department), $99,999.23.

Office of the Chancellor CSU, Sustaining Success Program, 2016- 2017(Project Leader with Chandra Ganesh), $4,688.00

Office of the Chancellor CSU, Promising Practices Program, Redesign of HSC 3300, HSC 3350, HSC 3550, 2014 - 2015. (Project Leader with Chandra Ganesh), $25,340.00

UCHC Performance Enhancement Project, Feasibility of Teaching Public Health Law in MPH Programs with Two Courses. 2011 – 2013. (Project Director). 2011 - 2012

UCHC Performance Enhancement Project, Using Backward Curriculum Design to Teach Health Reform in the Graduate Medical Education Program. (Project Director). 2011 - 2012

New England Genetics Collaborative Innovative Project, “Assessing the Implications of the Affordable Care Act for Access to Genetic Medical Services in the New England States” 2011 – 2012 (Principal Investigator)

B Free CEED and Massachusetts Asian and Pacific Islanders for Health, “New England Asian Health Improvement Coalition” 2010 – 2011 (Consultant).

Public Health Policy to Support Sexual Minority Youth of Color: A Mixed Methods Study of the Policy-Making Process. 2009 – 2011. (Principal Investigator, Department Funded).

Robert Wood Johnson Foundation, Healthy Eating Research Program, “Analyzing legal factors influencing the food environment in extracurricular and other school-related setting outside school administration control.” 2007 – 2009. (Principal Investigator).

Robert Wood Johnson Foundation, Healthy Eating Research Program, “Improving the school food environment: legal obstacles and opportunities.” 2006 – 2007 (Principal Investigator).

Cal State East Bay Presidential Search Committee, 2020

Rapid Action Advisory (RAA) COVID-19 Group, Co-Chair, Spring 2020.

The RAA was tasked with formulating recommendations for the Division of Academic Affairs operations in the Summer and Fall terms of 2020 to transition classes online and to hold some courses in person complying with public health orders and social distancing requirements. The RAA also made recommendations for long-term strategic planning for the university.

CSU East Bay, Academic Senate

Elected Member, 2018 - 2020
Vice-Chair, 2018 - 2020
Appointed Member as Chair of CAPR, 2016 – 2018;

Strategic Enrollment Management, Steering Committee, Appointed Member, 2018 – 2021

Strategic Enrollment Management, Academic Programs Subcommittee, Appointed Member, 2018 - 2021

CSU East Bay, Committee on Academic Planning and Review (CAPR), Elected, 2014 - 2018, Chair 2016 – 2018. 

CSU East Bay, Space Committee, Appointed by Executive Committee, Faculty Senate, Spring 2017.

CSU East Bay, Strategic Enrollment Management Committee, Appointed by Executive Committee, Faculty Senate, 2016 - 2017

CSU East Bay, Undergraduate Dean of Academic Affairs Search Committee, Appointed, 2015 - 2016

CSU East Bay, Faculty Hearing Panel, Elected, 2013 - 2015

CSU East Bay, College of Science, Committee on Effectiveness in Education, Appointed, 2013 - 2016

Fellow, American Council on Education, 2021 - 2022.

Fellow, Executive Leadership Academy, Goldman School of Public Policy, Center for Studies in Higher Education, UC Berkeley

Certificate in Strategic Foresight, University of Houston

Observer, Study Committee on Declarations of Quarantine, Uniform Law Commission, 2016 - current.