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AN INTERVIEW WITH STAN SMITH, ONE OF THE NATION'S LEADING EXPERTS
ON FORENSIC ECONOMICS
STAN SMITH IS not a lawyer, but he reshaped the legal theory behind compensatory
damages. He is not a deep sea diver, but he was responsible for
one of the most significant shipwreck discoveries in recent years.
Smith was detoured from his doctoral studies onto a career path
that took him from finance to Caribbean treasure hunting to courtrooms,
and finally back to the GSB to finish his Ph.D. He proudly collected
his degree in August25 years after he started it.
Smith interrupted his M.B.A. studies for a stint in the military
reserves in 1969, then returned to campus and entered the Ph.D.
program. By 1972, his adviser, Art Laffer, left the university,
and his motivation to finish his dissertation on international
economics waned. After an internship with the Federal Reserve,
Smith left school in 1973 and became a staff economist for First
Chicago National Bank.
When Smith left the bank for the December Group, a venture capital
firm, things got a little more adventuresome. The firm had a
lot of interesting projects, Smith recalls, including oil well
drilling in Abu Dabi, Colombian oyster operations, and the hunt
for the wreck of a 17th-century Spanish galleon, the Concepción.
Smith, who is fluent in Spanish, negotiated a contract with the
Dominican Republic and worked out other details of the treasure
hunt, which would ultimately fail. But when the venture capital
firm dissolved shortly afterward, Smith wasnt ready to give up.
Through utter serendipity, we learned of a guy in London who
was writing a book about the Concepción, Smith says, He had
new information about the wreck that helped us further narrow
down its location. We knew we had to try again.
Smith formed Seaquest International, Inc., in 1977 and spent two
years planning and raising capital for a second search. An experienced
diver was responsible for the actual undersea work; Smith describes
his duties as everything that didnt get wet. Ten days into
the 1979 expedition, the partners located the most sought after
wreck in the world, undisturbed since 1687.
We found 50,000 pieces of eight, gold chains, and Ming porcelains
from the early 1600s, Smith says, It was amazing.
Through Seaquest, Smith went on to salvage 26 ships; the Concepción
was the first and biggest find, appraised at $32 million. Despite
the excitement and potential for profitability, he left the business
in 1981 in part because operating as a treasure hunter in Latin
American countries seemed dangerous, and I had my family to think
about.
Smith then set out on the relatively safer seas of economic and
financial consulting. With Roger Ibbotson, Smith managed Ibbotson
Associates, Inc., an economic and financial consulting firm. It
was at Ibbotson that he was asked to testify in a personal injury
lawsuit, an event that would again change the course of his career.
Sherrod v. Berry was a federal civil rights case involving a Joliet,
Illinois, youth who was wrongfully stopped and then killed by
a police officer. The youth and his father had a business partnership
at the time of the incident, and the court was interested in an
expert valuation of the lost business as well as the loss of the
value of life.
Smith used his GSB quantitative and research skills to develop
a method for estimating hedonic damages, or compensation for the
loss of the ability to derive value and satisfaction from future
remaining life expectancy, separate from lost earnings.
I set out to measure the cost of life by looking at the cost
of death, he explains. He estimated that cost by looking at the
amount of money people were willing to pay to reduce the risk
of death. For example, Smith looked at smoke detectors. A smoke
detector costs approximately $30, and one life is saved per 100,000
smoke detectors sold. On this model, each life saved is worth
approximately $3 million. Based on my research and the work of
others, I worked up a general model that could be tailored to
individuals based on age and other factors, he says.
Based largely on Smiths testimony, the Seventh Federal Circuit
awarded for loss of value of life. Immediately the case was appealed;
the main issue in question was whether the jury should have heard
Smiths testimony. The court determined that his input was invaluable
to the case. Smith made the front page of the Wall Street Journal,
and thus began his unforeseen career path in forensic economics.
I never thought Id testify twice on this topic, Smith says,
but it has taken off. The debate over hedonic damages has appeared
in dozens of law review articles and journals and has become a
source of controversy. Smith has testified in several hundred
cases and has been involved in hundreds of others that settled
out of court. This issue, which received a flurry of attention
in both the academic and popular press in the mid-to-late 80s,
is still controversial.
Meanwhile, Smith became one of the nations leading experts on
forensic economics. He has written a complete textbook on the
subject and has contributed chapters to other legal texts. He
has also taught a related course at DePaul University in Chicago.
In the end, it was this unexpected career turn that would eventually
lead Smith back to the GSB. As he continued to testify more frequently,
Smith decided that his ideas needed stronger economic footing.
University Professor Gary S. Becker, who won a Nobel Prize for
applying economic principles to all areas of life, suggested that
Smith carry out this research in the context of a dissertation.
I was skeptical that they would take me back, Smith admits,
but he contacted Al Madansky, then associate dean for Ph.D. students,
to discuss the possibility. Madansky wrote back and warned me
that I had two things going against me, Smith says. One, my
knowledge and research skills were 15 years old, and two, I did
not have a working relationship with a professor. But if I wanted
to return, he said I could.
Finally, in 1992, Smith went back to the books. Working with a
committee consisting of Becker, Sam Peltzman, Sherwin Rosen, and
Mark Zmijewski, Smith studied jury verdicts, doing a regression
analysis by age, gender, extent of injury, punitive damages, and
other factors. He found, surprisingly, that jury decisions are
highly explainable and rational and involve a lot of predictability.
My thesis was able to confirm that juries are awarding for injuries
at a rate consistent with what economists observe individuals
in the marketplace are expressing in terms of the value of life,
he says.
Theres one other lesson to be learned from Stan Smith: better
late than never.
Languishing All But Dissertations from the GSB abound, Smith
says. This one persisted, I am proud to say.
M.M.B.
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