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Kenneth S. Klein

Professor of Law

J.D. University of Texas School of Law [with highest honors]
B.A. Rice University [cum laude, Political Science, Philosophy, and Legal Studies]
619-515-1535
Evidence, Civil Procedure I, Civil Procedure II, Legal Lessons of Katrina and Other Natural Disasters, Torts I & II (at NESL), Administrative Law (at NESL)

Professor Klein was born and raised in Texas. After graduating from college and rejecting his initial plans either of being a mathematician or working as a furniture factory representative with his father, he attended law school where much to his and his family's surprise he finished in the top ten in his class, serving both on the law review and the board of advocates.

Professor Klein then began an over twenty-year career as a civil litigator, practicing in both the federal and state courts of Texas and California, with focus on business litigation and civil appeals. In the course of his career, Professor Klein has litigated and/or arbitrated scores of matters at both the trial and appellate level, for both plaintiffs and defendants.

Before joining the Cal Western faculty, he was a partner in the litigation department of the San Diego office of Foley & Lardner LLP, heading the office's appellate practice, as well as serving as the office's pro bono partner and professional responsibility partner. From 1994 through 1997, he interrupted his legal practice to be an Assistant Professor at New England School of Law in Boston, MA. Professor Klein left NESL and returned to private practice as a means to return to his adopted hometown of San Diego.

Throughout Professor Klein's professional career he has been active in his community, and has devoted substantial time to pro bono legal matters. He currently is serving on the Advisory Board of the Community Law Project, Affordable Housing Advocates, and the Access to Law Initiative.

Professor Klein is twice the recipient of the Wiley E. Manuel Award for delivery of pro bono services, and is the recipient of the State Bar of California's 2008 President's Pro Bono Services Award. The latter award primarily was predicated on Professor Klein's counseling of survivors of the 2007 wildfires in San Diego. Professor Klein's complete CV may be viewed <here>.

Much to embarrassment of Professor Klein's teenage daughter, he has been a frequent commentator on legal issues on local television (and once on CNN). Professor Klein believes that as the title of a recent book suggests, soccer does indeed explain the world, and he has played (poorly) and coached (adequately) for over 40 years. He is also active in his congregation, but contrary to what this might suggest, he does not consider himself an "all-around good guy."

Visit Professor Klein's SSRN Author Page.

Book Chapters

  • Kenneth S. Klein, The Male Lawyer Spouse as Smoke Damaged House, in Sharing the Pants: Essays About Work-Life Balance by Men Married to Lawyer 43 (Jacqueline Hersh Slotkin & Samantha Slotkin Goodman eds., 2009).

Law Review Articles

  • Kenneth S. Klein, Why Federal Rule of Evidence 403 is Unconstitutional, and Why That Matters, 47 U. Rich. L. Rev. 1077 (2013).
  • Kenneth S. Klein, When Enough Is Not Enough: Correcting Market Inefficiencies In The Purchase And Sale Of Residential Property Insurance,18 Va. J. Soc. Pol’y & L. 345 (2011).
  • Kenneth S. Klein, Removing the Blindfold and Tipping the Scales:  The Unintended Lesson of Ashcroft v. Iqbal is that Frivolous Lawsuits may be Important to Our Nation, 41 Rutgers L.J.593 (2010).
  • Kenneth S. Klein, In Discretion: The Consequences of Twombly and Iqbal, 19 Pretrial Prac. & Discovery 1 (2010), available at http://www.paulhastings.com/Resources/Upload/Publications/1796.pdf.
  • Kenneth  S. Klein, Following the Money – the Chaotic Kerfuffle Over Residential Insurance Proceeds that Simultaneously are the Only Rebuild Funds and the Only Mortgage Collateral, 46 Cal. W. L. Rev. 305 (2010).
  • Kenneth S. Klein, Is Ashcroft v. Iqbal the Death (Finally) of the “Historical Test” for Interpreting the Seventh Amendment?, 88 Neb. L. Rev. 467 (2010).
  • Kenneth S. Klein, Ashcroft v. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores, 88 Neb. L. Rev. 261 (2009).

Op-eds

  • Kenneth Klein, Reducing Frivolous Litigation Is Not Worth the Cost, Daily J. (Feb. 26, 2010).

Other Writings