Donald Garner – Faulkner Law

Donald Garner


Professor Don Garner graduated cum laude from the University of Texas School of Law where he was a member of the Law Review, Order of Coif and Chancellors (the UT legal society denoting the highest academic achievement).  After clerking for the Texas Supreme Court and engaging in private practice in Dallas, Texas, he began teaching law at Southern Illinois University.

Professor Garner’s legal career has principally been devoted to holding the tobacco industry accountable for the societal cost smoking imposes on the public.  He has lectured and presented papers in academic and medical forums throughout the world.  He has also received an unprecedented three grants, covering ten years, from the Robert Wood Johnson Foundatio,n and in that connection, represented the American Medical Society and other public health organizations by way of filing amicus curia briefs before various appellate courts.  His work has been cited by the United States Supreme Court and has provided an important public policy foundation for the imposition of civil liability against the tobacco industry.

Professor Garner has been a visiting law professor at Pepperdine University and the University of Arkansas and has lectured at numerous law schools in Europe, New Zealand, Australia and China.  He teaches torts to first-year students at the Law School.


B.A., J.D., University of Texas


  • Co-author (with Robert L. McFarland), Suing Islam: Tort, Terrorism and the House of Saud, 60 Okla. L. Rev. 223 (2007).
  • Tobacco Wars and the New Minority, 2 J. Health Care L & Pol’y 15 (1999).
  • Fighting the Tobacco Wars on First Amendment Grounds, 27 SW. U. L. Rev. 379 (1998).
  • Co-author (with Richard Whitney), Protecting Children from Joe Camel and His Friends: A New First Amendment and Federal Preemption Analysis of Tobacco Billboard Regulation, 46 Emory L. J. 479 (1997).
  • Banning Tobacco Billboards, The Case from Municipal Action, 275 J. Am. Med. Ass’n 1263 (1996).
  • Tobacco Sampling, Public Policy and the Law, 11 J Health Pol. Pol’y & L. 423 (1986).
  • The Politics of Regulation by James Q. Wilson, 36 Bus. & Soc. R. 82 (1981) (book review).
  • The Cigarette Industry’s Escape from Liability, 33 Bus. & Soc. R. 22 (1980).
  • Cigarette Dependency and Civil Liability of Cigarette Manufacturers: A Modest Proposal, 53 S. Cal. L. Rev. 1423 (1980).
  • No More Secret Subsidies of Cigarettes, 29 Bus. & Soc. R. 52 (1979).
  • Co-author (with Darrell W. Dunham), FTC Rule 433 and the Uniform Commercial Code: An Analysis of Current Leader Status, 43 Mo. L. Rev. 199 (1978).
  • Cigarettes and Welfare Reform, 26 Emory L. J. 269 (1977).
  • Papers
  • Books & Other Publications
  • Cases and Materials on Sales and Products Liability (So. Ill. Univ. rev. 1979).
  • Co-author (with R. Kathy Garner), Smoking Laws of the Fifty States and the District of Columbia: Compilation and Commentary in Smoking and Health: A National Status Report to Congress, Nov. 20, 1986.
  • Incendiary Cigarettes: An Open and Obvious Tragedy, 1 Tobacco Products Reporter 4.33, April 1986.
  • Health Policy, Law and Cigarette Fires, Final Report of the Injury Prevention and Health Policy Colloquium (San Francisco Trauma Found. & Pew Found. 1985).
  • Cigarette Accountability Act – Introduced into the Illinois Senate by Senator Bob Kustra as S.B. 692 and into the Wisconsin Senate by Senator Lynn Adelman as S.B. 49.65(1)(a) and accompanying statement in support of the Act (1985).
  • Product Liability in Cigarette Smoking, N.Y. St. J. Med., July 1985 at 322.
  • The Legal Implications of Cigarette Smoking, Proceeding on the Fifth World Conference on Smoking and Health, Winnipeg, Canada. 1 Canadian Council on Smoking and Health 523 (1983).