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SMU Dedman Law

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M.D. Anderson Foundation Endowed Professor in Health Law


Email: jgaba@smu.edu

Phone: 214-768-2710

Education:

B.A., 1972, University of California, Santa Barbara
J.D., 1976, Columbia University
M.P.H., 1989, Harvard University

Professor Gaba specializes in environmental law. In law school Professor Gaba was notes and comments editor of the Columbia Journal of Environmental Law. Following law school, he was a law clerk to Chief Justice Edward Pringle of the Colorado Supreme Court. Prior to joining the faculty at SMU he was an attorney with the Environmental Defense Fund and with the Office of General Counsel of the U.S. Environmental Protection Agency. Professor Gaba has published numerous articles on environmental law and is the author of Environmental Law (West Black Letter Series) and co-author of the treatise The Law of Solid Waste, Pollution Prevention and Recycling. He is an editor of the West casebook The Law of Toxic Substances and Hazardous Waste. Professor Gaba teaches environmental law and related courses, property, and administrative law.


Primary Articles

Exporting Waste:  Regulation of the Export of Wastes under the Resource Conservation and Recovery Act, 35 William & Mary Env.L & Pol. Rev. 405 (2012)
Copyrighting Shakespeare:  Jacob Tonson, Eighteenth Century English Copyright, and the Birth of Shakespeare Scholarship, 19 J. Int. Prop. L. 21 (2011)
 
Rethinking Recycling, 38 Environmental Law 1053 (2008)
 
Generally Illegal: NPDES General Permits under the Clean Water Act, 31 Harv. Envtl. L.Rev. 409 (2007); Reprinted in Land Use and Environmental Law Review Annual 2008-2009
 
John Locke and the Meaning of the Takings Clause, 72 Missouri L.Rev. 525 (2007)
 
Taking “Justice and Fairness” Seriously: Distributive Justice and the Takings Clause, 40 Creighton L. Rev. 569 (2007)

NEW SOURCES, NEW GROWTH AND THE CLEAN WATER ACT, 55 Ala. L. Rev. 651-693 (2004).

WE DO NOT HOLD THE EARTH IN TRUST, 33 Environmental Law Reporter 10325-10331 (Spring 2003).

SOUTH CAMDEN AND ENVIRONMENTAL JUSTICE: SUBSTANCE, PROCEDURE, AND POLITICS, 31 Environmental Law Reporter 11073 (September 2001).

REGULATION BY BOOTSTRAP: CONTINGENT MANAGEMENT OF HAZARDOUS WASTE UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT, 18 Yale Journal of Regulation 83 (2001).


Books

THE LAW OF SOLID WASTE, POLLUTION PREVENTION AND RECYCLING (West Group)(updated annually)

ENVIRONMENTAL LAW (West Black Letter Series 4th Ed. 2009)

Gaba’s TEXAS ENVIRONMENTAL LAW STATUTES ANNOTATED (updated annually)


Speeches/Presentations

WHEN “TAKINGS” HAPPEN TO GOOD PEOPLE: THE ETHICAL CONCERNS OF IMPOSING THE COSTS OF GOVERNMENT REGULATION ON THE FEW TO BENEFIT THE MANY, Occasional Paper of the Maguire Center for Ethics and Public Responsibility (2001).

DESIGNING A SYSTEM OF ENVIRONMENTAL LAWS: LESSONS FROM THE U.S. EXPERIENCE, published in the law journal of Meiji Gakiun Law School, Tokyo, Japan (1997).