Kyle F. Graham

Assistant Professor of Law


Professor Kyle Graham is well-known for his research and has been published in numerous scholarly journals. Prior to joining the Santa Clara University School of Law faculty in 2009, he worked as deputy district attorney in Mono County, California. Other previous appointments include working as a staff attorney for Associate Justice Carlos Moreno of the California Supreme Court and working as an associate with the law firm of Gibson, Dunn & Crutcher LLP. He also served as a law clerk for United States District Judge William Alsup.


J.D., Yale Law School, 2001

B.A., Stanford University, 1996

Areas of Specialization

Torts, Criminal Procedure



Strict Products Liability at 50: Four Histories, 98 Marquette Law Review (forthcoming) (2014) | Link to Digital Commons

Overcharging, 11 Ohio State Journal of Criminal Law 701 (2014) | Link to Digital Commons

Crimes, Widgets, and Plea Bargaining: An Analysis of Charge Content, Pleas, and Trials, 100 California Law Review 1573-1630 (2012) | Link to Digital Commons

Who Shot Charles Summers?, 15 Green Bag 2d 421-432 (2012) | Link to Digital Commons

Of Frightened Horses and Autonomous Vehicles: Tort Law and Its Assimilation of Innovations, 52 Santa Clara Law Review 101-131 (2012) | Link to Digital Commons

Facilitating Crimes: An Inquiry into the Selective Invocation of Offenses Within the Continuum of Criminal Procedures, 15 Lewis and Clark Law Review 665-714 (2011) | Link to Digital Commons

Sorry Seems to be the Hardest Word: The Fair Sentencing Act of 2010, Crack, and Methamphetamine, (Essay), 45 University of Richmond Law Review 765-799 (2011) | Link to Digital Commons

Why Torts Die, 35 Florida State University Law Review 359-432 (2008) | Link to Digital Commons

The Continuing Violations Doctrine, 43 Gonzaga Law Review 271-326 (2008) | Link to Digital Commons

Tactical Ineffective Assistance in Capital Trials, 57 American University Law Review 1645-1691 (2008) | Link to Digital Commons

The Refugee Jurist and American Law Schools, 50 American Journal of Comparative Law 777-818 (2002) | Link to Digital Commons

A Moment in The Times: Law Professors and the Court-Packing Plan, 52 Journal of Legal Education 151-166 (2002) | Link to Digital Commons

Currently Teaching:

Fall 2014
Spring 2015
Spring 2015


Mondays & Wednesdays

Fall 2014


Mon & Wed