KYLE FLETCHER GRAHAM

Santa Clara University School of Law, 500 El Camino Real, Santa Clara, CA 95053 408-554-4786 kgraham@scu.edu


EDUCATION

Yale Law School, New Haven, CT. Received J.D. degree in May 2001. Co-Founder and Editor-in-Chief, The Yale
Law Docket (student newspaper). Research Assistant to Professors Daniel Esty and Robert Gordon. Teaching
Assistant, Yale Environmental Law Clinic. Grades: 16 Honors, 4 Pass, 5 Credit (Credit / No Credit option).

Stanford University, Stanford, CA. Received B.A. degree in American Studies with distinction in April 1996.
Managing Editor, Staff Writer, and Opinions Editor, The Stanford Daily (Fall 1992 Summer 1994). GPA: 3.87/4.0.

EXPERIENCE

Santa Clara University School of Law, Santa Clara, CA Summer 2009 Present
Assistant Professor. Teach Criminal Procedure, Evidence, Torts, American Legal History, California Criminal Law,
and Advanced Legal Writing. Voted Professor of the Year by Santa Clara students in 2011 and 2012. Received
Presidents Special Recognition Award in 2014 for service to the University community. Have volunteered to teach
an overage of units each of the past four academic years. Also have taught as a visiting professor at the University
of California, Berkeley, School of Law during the Fall 2012 and Fall 2014 semesters.

Mono County Office of the District Attorney, Mammoth Lakes and Bridgeport, CA Summer 2006 Spring 2009
Deputy District Attorney. As one of four attorneys serving a predominantly rural area three times the size of Rhode
Island, prosecuted a variety of crimes arising under the Penal, Vehicle, Fish and Game, Business and Professions, and
Health and Safety Codes in the name of the People of the State of California. Tried cases to verdict before juries and
in bench trials. Briefed and argued two appeals, both successfully.

Supreme Court of California, San Francisco, CA Summer 2004 Summer 2006
Staff Attorney for Associate Justice Carlos Moreno. Assisted Justice Moreno with the selection and disposition of
cases heard by Californias highest court. Responsibilities included aiding Justice Moreno with the preparation and
evaluation of opinions in the fields of securities law, administrative law, criminal law, employment law, and land-use
law.

Gibson Dunn & Crutcher LLP, San Francisco, CA Summer 2000; Fall 2002 Spring 2004
Associate. Practice in the litigation department of a national law firm included the defense of cases brought under
antitrust, securities, and consumer-protection laws. In collaboration with clients and other firm attorneys, earned
dismissals or favorable settlements in numerous matters. Also represented clients pro bono in matters including a
dispute over a consumer debt and an arbitrated disagreement over the rules applicable to sailing competitions.

U.S. District Court for the Northern District of California, San Francisco, CA Summer 2001 Summer 2002
Law Clerk for District Judge William Alsup. Assisted Judge Alsup with various aspects of his caseload. Prepared
more than 100 draft orders, including several eventually published in the federal reporters, addressing issues in the
fields of securities law, environmental law, and criminal law, among other subjects.

Stoel Rives LLP, Portland, OR Summer 2000
Summer Associate. Client-service responsibilities with a premier Pacific Northwest law firms litigation, natural
resources, and environmental practices included the preparation of legal memoranda and court documents in cases
involving federal securities law, the Endangered Species Act, and California administrative law.

U.S. National Park Service, Custer, SD Summer 1998
Park Ranger. Provided scenic and historic tours at Jewel Cave National Monument, leading visitors through the
worlds third-longest cave. Also volunteered at Jewel Cave in a similar capacity in Summer 1996.

McKinsey & Company, Washington, DC Fall 1996 Fall 1997
Business Analyst. Consistently received highest-possible performance ratings at a global management consulting firm
for developing innovative client-service solutions, including work on studies undertaken for distributors of electronic
products and medical supplies.
Kyle Graham CV Page 2 of 2
PUBLICATIONS

The Diffusion of Innovations in Tort Law (in progress)

Strict Products Liability at 50: Four Histories
__ MARQ. L. REV. ___ (forthcoming)

Overcharging
11 OH. ST. J. CRIM. L. 701 (2014)

Crimes, Widgets, and Plea Bargaining: An Analysis of Charge Content, Pleas, and Trials
100 CAL. L. REV. 1573 (2012)

Of Frightened Horses and Autonomous Vehicles: Tort Law and Its Assimilation of Innovations
52 SANTA CLARA L. REV. 1241 (2012)

Who Shot Charles Summers?
15 GREEN BAG 2d 421 (2012)

Facilitating Crimes: An Inquiry into the Selective Invocation of Offenses Within the Continuum of Criminal
Procedures
15 LEWIS & CLARK L. REV. 665 (2011)

Sorry Seems to Be the Hardest Word: The Fair Sentencing Act of 2010, Crack, and Methamphetamine
45 U. RICH. L. REV. 765 (2011)

Tactical Ineffective Assistance in Capital Trials
57 AM. U. L. REV. 1645 (2008)

Why Torts Die
35 FLA. ST. L. REV. 359 (2008)

The Continuing Violations Doctrine
43 GONZ. L. REV. 271 (2008)

The Refugee Jurist and American Law Schools, 1933-1941
50 AM. J. COMP. L. 777 (2002)

A Moment in The Times: Law Professors and the Court-Packing Plan
52 J. LEGAL. EDUC. 151 (2002)


ADDITIONAL INFORMATION

Legal Writing and Moot Court Instructor, University of California Hastings College of the Law (Summer 2005
Spring 2006; voted among the top five Moot Court instructors for the Spring 2006 semester).
President, Mono County Bar Association (2008).
Chairman, Yale Law School Association of Northern California (Spring 2002 Summer 2005).
Website: www.continuingnuisance.com. From February 2012 through December 2013, I operated another law blog,
www.noncuratlex.com.
Contestant, 1992 Jeopardy! College Championship.
Admissions: California State Bar (No. 218560), United States Court of Appeals for the Ninth Circuit, United States
District Court for the Northern District of California, and United States District Court for the Central District of
California.
Interests include hiking, backpacking, and photography.