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Diane Klein

Diane Klein

Professor, Law

Main: (909) 460-2057

Professor Diane J. Klein came to the University of La Verne College of Law, first as a visiting professor in 2004, and then as a tenure-track professor. She was promoted to professor of law and awarded tenure in 2009. She teaches Property, Wills & Trusts, and seminars on Antidiscrimination Law, including race, gender, sexual orientation, and gender identity.

Professor Klein has two primary areas of scholarly and teaching interest: trusts and estates (the law of inheritance), and civil rights/antidiscrimination law. Both of her current projects involve the intersection of these two fields: a book to be published by the ABA Real Property, Trust & Estate Section tentatively titled Estate Planning for the LGBT Client and Beneficiary, and a presentation for the 2013 Women & Society Conference, entitled “After Perry, Windsor, and Adoptive Couple v. Baby Girl : Where Are We Now? (U.S. Law of Marriage and Family-Making in 2013).”

Professor Klein received her first degree, in Philosophy, magna cum laude and Phi Beta Kappa, from Harvard College in 1987. She was awarded a Mellon Fellowship, which she used to study philosophy at U.C. Berkeley, until enrolling at the Harvard Law School in 1994. She completed her J.D. at UCLA School of Law in 1997, where she was elected to Order of the Coif. After graduation, she served as a clerk to Judge Lourdes Baird (ret.), United States District Court for the Central District of California.

Professor Klein worked at Kaye, Scholer, Fierman, Hays & Handler in Century City, California, and then for the Legal Research Network, before beginning her academic career. She was an assistant professor of law at Thurgood Marshall School of Law, Texas Southern University, in Houston, Texas, from 2000-2003, and associate professor of law at Albany School of Law, Albany, New York, before coming to La Verne Law. She has taught in the summer programs of Columbia University Law School (in Amsterdam and Leiden, The Netherlands) and Southwestern University Law School, and as a Visiting Professor of Law at UCLA School of Law in the Fall 2008 semester. Professor Klein was a Visiting Professor of Law at Golden Gate University School of Law in San Francisco, California, from 2009-2010, and at Stetson University College of Law in Gulfport, Florida, from 2010-2011.

Educational Background

  • University of California, Berkeley
  • Ph.D. candidate, Philosophy. Mellon Fellowship in the Humanities.
  • University of California, Los Angeles School of Law
    J.D., 1997, ranked 8/324. Order of the Coif.
  • Harvard Law School, 1994-1995
  • Harvard College, magna cum laude, 1987
    A.B., Philosophy. Phi Beta Kappa.

Publications

Law Review Articles and Book Chapters

  • “How To Do Things With Wills,” 32 WHITTIER L. REV. 455 (2011).

Citations – Academic/Practice

  • (1) “Keeping Current – Probate,” 26-APR PROBATE AND PROPERTY 25 (Mar-April, 2012)
  • “‘Go West, Disappointed Heir’: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Pacific States” (Alaska, California, Hawaii, Oregon, Washington), 13 LEWIS & CLARK L. REV. 209 (2009).

Citations – Academic/Practice

  • (1) Sitkoff, “Torts and Estates: Remedying Wrongful Interference with Inheritance,” 65 STAN. L. REV. 335, 397 (2013)
  • (2) Cal. Affirmative Defenses 2d, § 9:1, Failure to state a cause of action – In general (2013)
  • (3) Rachel Orr, Comment, “Intentional Interference with an Expected Inheritance: The Only Valid Expectancy for Arkansas Heirs is to Expect Nothing,” 64 Ark. L. Rev. 747 (2011), note 10
  • (4) Dukeminier, Sitkoff & Lindgren, WILLS, TRUSTS, & ESTATES 220 (8th ed. 2009) (casebook)
  • (5) Featured on Wills, Trusts & Estates Prof Blog, March 16, 2009 http://lawprofessors.typepad.com/trusts_estates_prof/2009/03/tortious-interf.html
  • (6) Oregon Revised Statutes Annotated, § 105.825
  • (7) John Goldberg and Benjamin Zipursky, “Torts as Wrongs,” 88 TEX. L. REV. 917, 958-959 and note 214 (2010);
  • “Plural Marriage and Community Property Law,” 41 GOLDEN GATE U. L. R. 33 (Fall 2010).

Citations – Academic/Practice

  • (1) Samuel Brunson, “Taxing Polygamy,” 91 WASH. U. L. REV. 113 (2013);
  • (2) 4 Arizona Practice § 5.1, A valid marriage (2013)
  • (3) Cal. Jur. 3d Family Law, § 68, Bigamous or polygamous marriages (2013)
  • (4) Marital Property Annotated Bibliography, 25 J. AM. ACAD. MATRIM. LAW. 209, 236 (2012)
  • (5) “The Right to (Same-Sex) Divorce,” 62 CASE W. RES. L. REV. 447, 483 (2011)
  • (6) 11 Witkin, California Summary 10th Community Property § 260, Nature and Scope of Rules.
  • (7) 11 Witkin, California Summary 10th Community Property § 271, In General.
  • “Why Teach The Rule Against Perpetuities? Four Good Reasons,” 15(2) THE LAW TEACHER 8 (Spring 2009).
    (1) featured on Property Prof Blog, April 8, 2009 (with comments)
    http://lawprofessors.typepad.com/property/2009/04/teaching-the-rule-against-perpetuities.html#comments
  • “River Deep, Mountain High, Heir Disappointed: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Mountain States” (Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, Wyoming), 45 IDAHO L. REV. 1 (Fall 2008)

Citations – Judicial

  • State Appellate Court
    Munn v. Briggs, 185 Cal.App.4th 578, 110 Cal.Rptr.3d 783 (Cal.App. 4 Dist. June 10, 2010).

Citations – Academic

  • (1) Dukeminier, Sitkoff & Lindgren, WILLS, TRUSTS, & ESTATES 220 (8th ed. 2009) (casebook);
  • (2) “Administration,” 36 EST. PLAN. 44, 45 (2009);
  • (3) “Keeping Current – Probate,” 23-AUG PROBATE AND PROPERTY 35 (July-August, 2009)
  • “Naming and Framing the ‘Subject’ of Antebellum Slave Contracts: Introducing Julia, Eliza, ‘A Certain Negro Slave,’ ‘A Man,’ Joseph, and Albert,” 9 RUTGERS RACE & L. REV. 243 (Spring 2008).

Citations – Academic

  • (1) Bibliography, 10 RUTGERS RACE & L. REV. 583 (2009);
  • (2) Michael Hoffheimer, “Race and Terror in Joseph Baldwin’s THE FLUSH TIMES OF ALABAMA AND MISSISSIPPI (1853),” 39 SETON HALL L. REV. 725, note 187, 759 (2009)
  • “Constructions of Latino Masculinity on CSI: Miami,” 3 FIU L. REV. 395 (Spring 2008).

Citations – Academic

  • Charles R. P. Pouncy, “Foreword: LatCrit XII – The Critical Locality and the Processes of Community,” 20 ST. THOMAS L. REV. 387, 436-37 (Spring 2008).
  • “Housingdiscrimination.com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat for
  • Fair Housing Act Suits Against Roommate-Matching Websites,” 38 GOLDEN GATE UNIV. L. R. 329 (Spring 2008) (with Charles Doskow)
    639 full-text downloads of the article from http://works.bepress.com/diane_klein/1.

Citations – Academic/Practice

  • (1) 8 Witkin, California Summary 10th Constitutional Law s 851, Sale or Rental of Property.
  • (2) James A. Kushner, Government Discrimination: Equal Protection Law and Litigation § 7:5, note 11 (November 2009);
  • (3) Matthew T. Wholey, Note, “The Internet is for Discrimination: Practical Difficulties and Theoretical Hurdles Facing the Fair Housing Act Online,” 60 CASE W. RES. L. REV. 491, 529 and note 81 (2010);
  • (4) Brooke Wright, Comment, “Fair Housing and Roommates: Contesting a Presumption of Constitutionality,” 2009 B.Y.U. L. REV. 1341, notes 10 and 11 (2009);
  • (5) Hattie Harman, Note, “Drop-Down Lists and the Communications Decency Act: A Creation Conundrum,” 43 IND. L. REV. 143, notes 188, 190, 192, 194, 209 (2009);
  • (6) Varty Defterderian, Note, “Fair Housing Council v. Roommates.com: A New Path for Section 230 Immunity,” 24 BERKELEY TECH. L.J. 563, 592 (2009);
  • (7) Adam Weintraub, Note, “’Landlords Needed, Tolerance Preferred’: A Clash of Fairness and Freedom in Fair Housing Council v. Roommates.com,” 54 VILL. L. REV. 337, 368 et seq. (2009);
  • (8) Kevin Wilemon, Note, “The Fair Housing Act, The Communications Decency Act, and the Right of Roommate Seekers to Discriminate Online,” 29 WASH. U. J.L. & POL’Y 375, 401 (2009);
  • (9) Bradford J. Sayler, “Amplifying Illegality: Using the Exception to CDA Immunity Carved Out By Fair Housing Council of San Fernando Valley v. Roommates.com to Combat Abusive Editing Tactics,” 16 GEO. MASON L. REV. 203, note 156 et seq. (2008);
  • (10) Ken Kozlowski, “The Internet Bibliography,” 13 No. 9 INTERNET L. RESEARCHER 13 (2008).
  • “A Disappointed Yankee in Connecticut (or Nearby) Probate Court: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the First, Second, and Third Circuits,” 66 UNIV. PITT. L. R. 235 (Winter 2004)

Citations – Judicial

  • 1st Circuit Court of Appeal
    Umsted v. Umsted, 446 F.3d 17 (1st Cir. (R.I.) 2006).
  • Federal District Court
  • Weitzmann Institute of Science v. Neschis, 421 F. Supp.2d 654, 691 (S.D.N.Y. Dec. 14, 2005).
  • State Appellate Court
    Munn v. Briggs, 185 Cal.App.4th 578, 110 Cal.Rptr.3d 783 (Cal.App. 4 Dist. June 10, 2010).
  • State Trial Court
    Garruto v. Cannici, 397 N.J. Super. 231, note 6 936 A.2d 1015 (N.J.Super. A.D. December 21, 2007)

Citations – Statutory

Cited in the following sections of Purdon’s Pennsylvania Statutes and Consolidated Statutes:

  • (1) Title 20, Decedents, Estates and Fiduciaries, Chap. 7.B, Orphans’ Court Divisions – Jurisdiction, § 711, Mandatory exercise of jurisdiction through orphans’ court division in general;
  • (2) Title 20, Chap. 9.A, Register of Wills – Jurisdiction and Powers, § 908, Appeals;
  • (3) Title 20, Chap. 31.C, Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters – Probate; § 3138, Later will or codicil;
  • (4) Title 42, Judiciary and Judicial Procedure, Part VI., Chapter 55.B, Limitation of Time – Civil Actions and Proceedings, § 5524, Two year limitation.

Citations – Academic/Practice

  • (1) Rachel Orr, Comment, “Intentional Interference with an Expected Inheritance: The Only Valid Expectancy for Arkansas Heirs is to Expect Nothing,” 64 ARK. L. REV. 747 (2011), note 241;
  • (2) Sterk, Dobris, and Leslie, CASES AND MATERIALS ON ESTATES AND TRUSTS 458 (3d ed.) (Foundation Press, 2007) (casebook);
  • (3) Irene D. Johnson, “Preventing Identity Theft and Other Financial Abuses Perpetrated Against Vulnerable Members of Society,” 79 UMKC L. REV. 99, note 2 (Fall, 2010);
  • (4) 1A CALLMANN ON UNFAIR COMPETITION, Tr. & Mono. § 9:2 (4th ed.);
  • (5) Elliott Schlissel, “What Rights Does Someone Fraudulently Cut Out of a Will Have?,” http://schlissellaw.wordpress.com/2009/03/17/what-rights-does-someone-fraudulently-cut-out-of-a-will-have/ (March 19, 2009);
  • (6) Kimberly C. Simmons, “VI. Effect of Decree of Probate, B. Relief Against Decree of Probate; Setting Aside or Amending Decree,” 31 STANDARD PENNSYLVANIA PRACTICE 2d § 151:51 (February 2009);
  • (7) Beth Bates Holliday, “Cause of Action for Interference with Expected Gift or Inheritance,” 36 CAUSES OF ACTION 2d 1 (2008);
  • (8) Eunice L. Ross & Thomas J. Reed, WILL CONTESTS (2d ed.) (database updated June 2008) §8:23 (treatise);
  • (9) “Intentional Interference with Inheritance,” CIVIL CAUSES OF ACTION IN MASSACHUSETTS 445 (2008);
  • (10) Thomas P. Boggess, “Intentional Omission of Child from Will,” 96 AM. JUR. PROOF OF FACTS 3d 107 (updated December 2008);
  • (11) “Charities,” Current Literature, 33 EST. PLAN. 45, 2006 WL 322314
  • (12) Gerry Beyer, ed., “Keeping Current – Probate,” 19-DEC PROBATE AND PROPERTY 18 (November-December, 2005);
  • (13) Elizabeth Youngdale, “Reviewing the Law Reviews,” 72 DEFENSE COUNSEL J. 407 (OCTOBER 2005).
  • “The Disappointed Heir’s Revenge, Southern Style: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Fifth and Eleventh Circuits,” 55 BAYLOR L. R. 79 (Winter 2003)

Citations – Judicial

  • 2nd Circuit Court of Appeal
    Devlin v. U.S., 352 F.3d 525, 540 (2nd Cir. (Conn.) 2003) (Calabresi, J.).
  • Federal District Court
    Umsted v. Umsted, www.rid.uscourts.gov/opinions/magistrate_judges/ 02182005_1-03CV0219S_MJM_UMSTEAD_V_UMSTEAD [sic]_RR.pdf, page 8 (decision of Magistrate, U.S. District Court for the District of Rhode Island, Nov. 30, 2004)
  • State Appellate Court
    Munn v. Briggs, 185 Cal.App.4th 578, 110 Cal.Rptr.3d 783 (Cal.App. 4 Dist. June 10, 2010).
    In re Ingersoll Trust, — A.2d –, 2008 WL 2444531 (D.C. 2008)

Citations – Academic/Practice

  • (1) Rachel Orr, Comment, “Intentional Interference with an Expected Inheritance: The Only Valid Expectancy for Arkansas Heirs is to Expect Nothing,” 64 Ark. L. Rev. 747 (2011), note 83;
  • (2) Irene D. Johnson, “Preventing Identity Theft and Other Financial Abuses Perpetrated Against Vulnerable Members of Society,” 79 UMKC L. REV. 99, note 2 (Fall, 2010);
  • (3) Carla Spivack, “Why the Testamentary Doctrine of Undue Influence Should Be Abolished,” 58 U. Kan. L. Rev. 245, 295-96, n. 310, 317 (2010);
  • (4) Beth Bates Holliday, “Cause of Action for Interference with Expected Gift or Inheritance,” 36 CAUSES OF ACTION 2d 1 (2008);
  • (5) Civil Causes of Action in Massachusetts, Chapter 20, “Intentional Interference With Inheritance,” CCA MA-CLE 445 (2008);
  • (6) Thomas P. Boggess, “Cause of Action to Invalidate Testamentary Instrument on Ground of Lack of Testamentary Capacity in Its Execution,” 28 CAUSES OF ACTION 2d 99 (database updated November 2008);
  • (7) Thomas P. Boggess, “Cause of Action to Invalidate Testamentary Device on Ground of Undue Influence in Its Execution,” 27 CAUSES OF ACTION 2d 469 (database updated 2008)
  • (8) Jonathan Purver, “Interference With Right to Share of Decedent’s Estate,” 39 AM. JUR. PROOF OF FACTS 2d 177 (database updated July 2008);
  • (9) Eunice L. Ross & Thomas J. Reed, WILL CONTESTS (2d ed.) (database updated June 2008) §8:23 (treatise);
  • (10) Sterk, Dobris, and Leslie, CASES AND MATERIALS ON ESTATES AND TRUSTS 458 (3d ed.) (Foundation Press, 2007) (casebook).
  • (11) Dukeminier, Johanson, et al., WILLS, TRUSTS, AND ESTATES 197 (7th ed. 2005) (casebook);
  • (12) Robert P. Dougherty III, Note, “Marshall v. Marshall: Playmates, Prenupts, and the Probate Exception,” 61 ARK. L. REV. 329 (2008);
  • (13) Sir Basil Markesinis, “Understanding American Law By Looking At It Through Foreign Eyes: Toward a Wider Theory for the Study and Use of Foreign Law,” 81 TUL. L. REV. 123 (Nov. 2006);
  • (14) Caleb Nelson, “The Persistence of General Law,” 106 COLUM. L. R. 503, note 199 (April 2006);
  • (15) Kevin J. Parker, “Preparing for Challenging Litigation Issues in Probate Proceedings,” 34958 NBI-CLE 173 (2006);
  • (16) Alex B. Long, “The Business of Law and Tortious Interference,” 36 ST. MARY’S L.J. 925, 927, note 6 (2005);
  • (17) Joseph W. McKnight, “Family Law: Husband and Wife,” SMU Law Review Annual Survey of Texas Law, 57 SMU L. REV. 991, note 64 (Summer 2004);
  • (18) “Articles of Interest,” 30 EST. PLAN. 634, 2003 WL 22725497 (December 2003).
  • “Revenge of the Disappointed Heir: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Fourth Circuit,” 104 W.VA. L. REV. 259 (Winter 2002)

Citations – Judicial

  • State Appellate Court
    Munn v. Briggs, 185 Cal.App.4th 578, 110 Cal.Rptr.3d 783 (Cal.App. 4 Dist. June 10, 2010).
    Murrow v. Henson, 616 S.E.2d 664 (N.C. App. August 16, 2005)

Citations – Academic/Practice

  • EXCERPTED: Sterk, Dobris, and Leslie, CASES AND MATERIALS ON ESTATES AND TRUSTS (2d ed.) (Foundation Press, 2002) and (3d ed.) (2007).
    CITED: (1) (3) “Intentional Interference with Inheritance,” CIVIL CAUSES OF ACTION IN MASSACHUSETTS 445 (2008)
    (2) Beth Bates Holliday, “Cause of Action for Interference with Expected Gift or Inheritance,” 36 Causes of Action 2d 1 (2008);
    (3) Irene D. Johnson, “Preventing Identity Theft and Other Financial Abuses Perpetrated Against Vulnerable Members of Society,” 79 UMKC L. Rev. 99, note 2 (Fall, 2010)
    (4) Martin L. Fried, “The Disappointed Heir: Going Beyond The Probate Process to Remedy Wrongdoing or Rectify Mistake,” 39 REAL PROPERTY, PROBATE & TRUST Journal 357, note 12 (Summer 2004)
    (5) Gerry Beyer, ed., “Keeping Current – Probate,” 16-OCT PROBATE AND PROPERTY 8 (September-October, 2002) (“Klein explores the up-and-coming tort of intentional interference with expectation of inheritance as a viable alternative to a will contest”)
    (6) Bette Epstein, “New Causes of Action in Estate and Trust Litigation,” REPRESENTING ESTATE AND TRUST BENEFICIARIES AND FIDUCIARIES, American Law Institute – American Bar Association CLE (July 18-19, 2002)
  • “Ally McBeal and Her Sisters: A Quantitative and Qualitative Analysis of Representations of Women Lawyers on Prime Time Television,” 18 LOY. L.A. ENT. L. J. 259 (1998)

Citations – Academic

  • (1) Jessica Silbey, “Images In/Of Law,” 57 N.Y.L. Sch. L. Rev. 171, note 15 (2012/2013);
  • (2) Hannah Brenner and Renee Newman Knake, “Rethinking Gender Equality in the Legal Profession’s Pipeline to Power: A Study on Media Coverage of Supreme Court Nominees (Phase I, The Introduction Week), 84 Temple L. Rev. 325 (Winter 2012), note 136;
  • (3) Maureen Howard, “Beyond a Reasonable Doubt: One Size Does Not Fit All When It Comes To Courtroom Attire For Women,” 45 Gonz. L. Rev. 209, 212, n. 12 (2009-2010);
  • (4) Aya Gruber, “Rape, Feminism, and the War on Crime,” 84 WASHINGTON L. REV. 581 (November 2009), note 10;
  • (5) Anna Archer, “From Legally Blonde to Miss Congeniality: The Femininity Conundrum,” 13 CARDOZO J.L. & GENDER 1 (Fall 2006), note 3;
  • (6) Laura Grosshans, Note, “Accurate or Appalling: Representations of Women Lawyers in Popular Culture,” 4 CARDOZO PUBLIC LAW, POLICY AND ETHICS JOURNAL 457, 473 (April 2006), notes 101, 106, 108;
  • (7) Robert M. Jarvis, “The Admiralty Lawyer in Popular Culture,” 37 J. MAR. L. & COM. 23, note 4 (Jan. 2006);
  • (8) Kimberlianne Podlas, “The Monster in the Television: The Media’s Contribution to the Consumer Litigation Bogeyman,” 34 GOLDEN GATE U. L. REV. 239, note 157 (Spring 2004);
  • (9) Michael M. Epstein, “For and Against the People: Television’s Prosecutor Image and the Cultural Power of the Legal Profession,” 34 UNIV. TOL. L. REV. 817, note 122 (2003);
  • (10) Victoria Alexeeva, “Images of Women Lawyers: Over-Representation of Their Femininity in Media,” 9 CARDOZO WOMEN’S L.J. 361, notes 129-130 (2003);
  • (11) Carrie Menkel-Meadow, “Can They Do That? Legal Ethics in Popular Culture: Of Characters and Act,” 47 UCLA L. REV. 1305, note 86 (2001);
  • (12) Michael Asimow, “Bad Lawyers in the Movies,” 24 NOVA L. REV. 533, note 112 (Winter 2000);
  • (13) Tonja Haddad, Comment, “Silver Tongues on the Silver Screen: Legal Ethics in the Movies,” 24 NOVA L. REV. 673, note 125 (Winter 2000);
  • (14) Stacy Caplow, “Still in the Dark: Disappointing Images of Women Lawyers in the Movies,” 20 WOMEN’S RTS. L. REP. 55, note 7 (Spring-Summer 1999);
  • (15) Carrie Coffman, “Gingerbread Women: Stereotypical Female Attorneys in the Novels of John Grisham,” 8 S. CAL. REV. L. & WOMEN’S STUD. 73, note 12 (Fall, 1998).
  • “Pregnancy Discrimination in Show Business: Tylo v. Spelling Entertainment Group,” 4 UCLA ENT. L. REV. 219 (1997)

Citations – Academic

  • (1) Robert Lind, Mel Simensky, Tom Selz, & Patricia Acton, ENTERTAINMENT LAW 3d: LEGAL CONCEPTS AND BUSINESS PRACTICES (dtabase updated May 2008) § 8:58, notes 10 and 15, § 8:60, note 3;
  • (2) Robert Richard Rico, “Study Guide: Pregnancy-Based Sex Discrimination,” 5 WM. & MARY J. WOMEN & L. 167, 184-185 (Winter 1998).
  • “Distorted Reasoning: Gender, Risk-Aversion, and Negligence Law,” 30 SUFFOLK U. L. REV. 629 (1997)

Citations – Academic

  • (1) Dustin Beuhler and Steve Calandrillo, “Law, Economics, and the Designated Hitter Rule,” 90 B.U. L. REV. 2083, 2097,note 76 (October 2010);
  • (2) Lisa J. Bernt, “Finding the Right Jobs for the Reasonable Person in Employment Law,” 77 UMKC L. REV. 1, note 35 (Fall 2008);
  • (3) Robin Andrews, Note, “Copyright Infringement and the Internet: An Economic Analysis of Crime,” 11 B.U. J. SCI. & TECH. L. 256, note 149 (Summer 2005);
  • (4) Ann Bartow, “Likelihood of Confusion,” 41 SAN DIEGO L. REV. 721, note 201 (May-June 2004);
  • (5) Marjorie Kornhauser, “A Legislator Named Sue: Reimagining the Income Tax,” 5 J. GENDER, RACE & JUST. 289, note 36 (Spring 2002);
  • (6) Margo Schlanger, “Gender Matters: Teaching A Reasonable Woman Standard in Personal Injury Law,” 45 ST. LOUIS U. L. J. 769, note 8 (2001);
  • (7) Sarah McLean, Comment, “Harassment in the Workplace: When Will The Reactions of Ethnic Minorities and Women Be Considered Reasonable?,” 40 WASHBURN L.J. 593, note 70 (Spring 2001);
  • (8) John Moorhouse et al., “Law & Economics and Tort Law: A Survey of Scholarly Opinion,” 62 ALB. L. REV. 667, note 46 (1998).

Other Citations to Prof. Klein’s Work

  • Maureen E. Markey, “Ariadne’s Thread: Leading Students Into and Out of the Labyrinth of the Rule Against Perpetuities,” 54 CLEV. ST. L. REV. 337 (notes 13, 19, 28, 50, 158, 170) (2006).

Editor

  • SEX AND DESIRE ACROSS BOUNDARIES (Proceedings of Persons & Sexuality 4th Global Conference), Inter-Disciplinary Press, Oxford, United Kingdom, ISBN 978-1-904710-58-5 (forthcoming 2010). Co-editor.

Legal Periodicals

  • “Hooters’ Owner Fights Over Inheritance,” San Francisco Daily Journal 5 (February 18, 2010).
  • “Ban on Youth: Wrong Both Ways,” L.A. Daily Journal 6 (December 31, 2009) (Middletown, CT transgender student athletes policy).
  • “Distinguishing Sex in Sports” and “Sex-Testing in Sports: An Uneasy Resolution” (two-part series), L.A. Daily Journal 6 (December 11, 2009) and L.A. Daily Journal 5 (December 14, 2009) (Caster Semenya case).
  • “When There’s A Will,” L.A. Daily Journal 7 (July 15, 2009) (Michael Jackson estate).
  • “Fair Use and Fairey,” L.A. Daily Journal 6 (February 20, 2009) (Shepard Fairey copyright infringement suit).
  • “Viva La Lawsuit,” L.A. Daily Journal 7 (December 17, 2008) (Coldplay copyright infringement suit).
  • “Get a Room – Legally” [re: Fair Housing Council v. Roommate.com], L.A. Daily Journal 6 (April 9, 2008). Also quoted in L.A. Daily Journal (April 4, 2008), commenting on the case.
  • “Maternal Profiling,” 58 Riverside Lawyer 13 (February 2008).
  • “Trademark Blues,” L.A. Daily Journal 7 (January 18, 2008).
  • “Advances in Employment Nondiscrimination Ignore Transgendered,” L.A. Daily Journal 6 (November 30, 2007).
  • “Racism More Than Skin Deep,” L.A. Daily Journal 6 (July 9, 2007) (re: Parents Involved in Community Schools v. Seattle School District No. 1, — S.Ct. —-, 2007 WL 1836531 (2007)) .
  • “Reefer Madness At The High Court,” L.A. Daily Journal 6 (July 2, 2007) (re: Morse v. Frederick, 555 U.S. __ (June 25, 2007)).
  • “In Flap Over Baby ‘Brangelina,’ Technology Blunts Copyright Claims,” L.A. Daily Journal 8 (June 14, 2006).
  • “Court Cuts Through Years of Misguided Confusion About ‘Probate Exception,’” L.A. Daily Journal 6 (May 19, 2006) (re: Marshall v. Marshall, 126 S.Ct. 1735 (May 1, 2006)).

Published contributions to the University of La Verne Law Review

  • “A Complete Index to the JOURNAL OF JUVENILE LAW Prior to Its Inclusion on Westlaw (Vol. 1-16) (1977-1995)” (with the staff of the University of La Verne Law Review), 29 U. LA VERNE L. REV. 271 (2008).
  • “Author and Subject Index to the SAN FERNANDO VALLEY LAW REVIEW (also Published as UNIVERSITY OF SAN FERNANDO VALLEY LAW REVIEW) and the JOURNAL OF LEGAL ADVOCACY & PRACTICE” (with the staff of the University of La Verne Law Review), 29 U. LA VERNE L. REV. 311 (2008).

Other Periodical Publications

  • “Not Just A Study Break: Using Body Heat, Kanye West’s ‘Gold Digger,’ And South Park to Teach (And Examine!) Wills & Trusts, Family Law, and Property,” THE LAW TEACHER 8 (Fall 2006).
    In use by Prof. Robert Sitkoff, NYU School of Law and co-author of the 7th ed., Dukeminier casebook; and by Aru Satkalmi, senior research librarian of St. John’s School of Law (NY).
  • “Legal Research? And Writing? In a Property Class?,” 14 PERSPECTIVES: TEACHING LEGAL RESEARCH AND WRITING 1 (Fall 2005).
  • “A Will-Drafting Exercise,” 10 THE LAW TEACHER 9-10 (Fall 2002) (available online at www.gonzaga.law.edu/ilst/Newsletters/Fall02/klein.htm).
  • “Moral Accountability and the Estate Tax Lawyer,” 6 PROFESSIONAL ETHICS 27 (1997).

Book Reviews

  • CONFIDENTIAL RELATIONSHIPS: PSYCHOANALYTIC, ETHICAL AND LEGAL CONTEXTS, Christine Koggel, et al. Metapsychology (March 26, 2004). Available online at: http://mentalhelp.net/books/books.php?type=de&id=2098.
  • SINGING IN THE FIRE: STORIES OF WOMEN IN PHILOSOPHY, Linda Martín Alcoff (ed). Metapsychology (Oct. 29, 2004). Available online at: http://mentalhelp.net/books/books.php?type=de&id=2370.
  • THEY BROKE THE LAW – YOU BE THE JUDGE: TRUE CASES OF TEEN CRIME, Thomas Jacobs. Metapsychology (Nov. 2, 2004). Available online at: http://mentalhelp.net/books/books.php?type=de&id=2380.
  • AFRICAN KIDS: BETWEEN WARLORDS, CHILD SOLDIERS, AND LIVING ON THE STREET (2004), Melha Rout Biel, 29 U. LA VERNE L. REV. 167 (2008).
  • FORBIDDEN FRUIT: SEX & RELIGION IN THE LIVES OF AMERICAN TEENAGERS, Mark Regnerus (2007), 1 Global J. Sensuality, Sexuality & Erotic __ (March 2009) (forthcoming).
  • HOW CAN I BE TRUSTED? A VIRTUE THEORY OF TRUSTWORTHINESS, Nancy Nyquist Potter. Metapsychology (Feb. 11, 2004). Available online at: http://mentalhelp.net/books/books.php?type=de&id=2063.

Internet Publishing

  • Blog: www.threejews.net (launched May, 2008; 3000+ visits in June, 2008).
  • Contributor, bloggadah.blogspot.com (launched August, 2008)
  • “Reimagining Taharat HaMishpachah,” www.jewishmosaic.org/resources/show_resource/218 (posted July 3, 2008).

Current Projects/Works in Progress

  • ESTATE PLANNING FOR THE LGBT CLIENT AND BENEFICIARY (book) (under contract with American Bar Association Real Property, Trust & Estate Section)

• A Critique of Marriage As Gateway to Legitimate Family Formation (U.S. v. Windsor and Adoptive Couple v. Baby Girl)

Selected Articles – Wills & Trusts

• How To Do Things With Wills, 32 WHITTIER LAW REVIEW 455 (2011). Cited in one article.

• Plural Marriage and Community Property Law, 41 GOLDEN GATE UNIVERSITY LAW REVIEW 33 (2010).
Cited in two practice guides.

• Go West, Disappointed Heir: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Pacific States, 13 LEWIS & CLARK LAW REVIEW 209 (2009).
Featured on Wills, Trusts & Estates Profs Blog, cited in Dukeminier casebook (8th ed.) and one law review article.

• River Deep, Mountain High, Heir Disappointed: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Mountain States, 45 IDAHO LAW REVIEW 1 (2008).
Cited by the California Court of Appeals; Dukeminier casebook (8th ed.) and two law review articles.

• A Disappointed Yankee in Connecticut (or Nearby) Probate Court: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the First, Second, and Third Circuits, 66 UNIVERSITY OF PITTSBURGH LAW REVIEW 235 (Winter 2004).
Cited by the First Circuit Court of Appeals, S.D.N.Y. federal district court, N.J. Sup. Court; California Court of Appeals; Sterk, Dobris, & Leslie casebook; four law review articles; five treatises and practice guides on will contests; MA practice guide; and in PA annotated statutes.

• The Disappointed Heir’s Revenge, Southern Style: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Fifth and Eleventh Circuits, 55 BAYLOR LAW REVIEW 79 (Winter 2003).
Cited by Judge Calabresi, Second Circuit Court of Appeals, District Court of Rhode Island; the District of Columbia Court; the California Court of Appeals; presented at 2003 Advanced Estate Planning and Probate Course, State Bar of Texas
Cited in two casebooks (Sterk, Dobris & Leslie (3rd ed.) and Dukeminier (7th ed.)); nine law review articles; and six treatises and practice guides on will contests.

• Revenge of the Disappointed Heir: Tortious Interference With Expectation of Inheritance – A Survey With Analysis of State Approaches in the Fourth Circuit, 104 WEST VIRGINIA LAW REVIEW 259 (Winter 2002).
Cited by the North Carolina and California Courts of Appeals; excerpted in Sterk, Dobris & Leslie casebook; cited in four law review articles and a Massachusetts practice guide.

• Moral Accountability and the Estate Tax Lawyer, 6 PROFESSIONAL ETHICS 27 (1997).

Selected Articles – Anti-discrimination (Race and Gender)

• Naming and Framing the ‘Subject’ of Antebellum Slave Contracts: Introducing Julia, Eliza, ‘A Certain Negro Slave,’ ‘A Man,’ Joseph, and Albert, 9 RUTGERS RACE & THE LAW REVIEW 243 (2008). Cited in two law review articles.

• Housingdiscrimination.com? The Ninth Circuit (Mostly) Puts Out The Welcome Mat for Fair Housing Act Suits Against Roommate-Matching Websites, 38 GOLDEN GATE UNIVERSITY LAW REVIEW 329 (2008) (with Charles Doskow).
714 full-text downloads (available at works.bepress.com/diane_klein/1).
Cited in twelve law review articles and one treatise on California law.

• Constructions of Latino Masculinity on CSI: Miami, 3 FIU LAW REVIEW 395 (2008).
Presented at LatCrit XII, “Critical Localities,” FIU School of Law, Miami, October 2007
Cited in one law review article.

• Paying Eliza: Comity, Contracts, and Critical Race Theory – 19th Century Choice of Law Doctrine and the Validation of Antebellum Contracts for the Purchase and Sale of Human Beings, 20 NATIONAL BLACK LAW JOURNAL 1 [Columbia Law School] (2006-2007) .
Presented at “Critical Race Theory and Human Rights,” University of Ontario Institute of Technology, Toronto, Canada, October, 2005.
420 full-text downloads (available at law.bepress.com/expresso/eps/2011).

• Judaism and Same-Sex Marriage/Homosexuality and Jewish Marriage – Reimagining Taharat HaMishpachah, SEX AND DESIRE ACROSS BOUNDARIES (forthcoming).
Presented at Persons and Sexuality, 4th Global Conference, Salzburg, Austria, November, 2007.
www.jewishmosaic.org/resources/show_resource/218 (posted July 3, 2008).

• Ally McBeal and Her Sisters: A Quantitative and Qualitative Analysis of Representations of Women Lawyers on Prime Time Television, 18 LOYOLA OF LOS ANGELES ENTERTAINMENT LAW JOURNAL 259 (1998).
Cited in thirteen law review articles.

• Pregnancy Discrimination in Show Business: Tylo v. Spelling Entertainment Group, 4 UCLA ENTERTAINMENT LAW REVIEW 219 (1997).
Cited in study guide on pregnancy discrimination and entertainment law treatise.

• Distorted Reasoning: Gender, Risk-Aversion, and Negligence Law, 30 SUFFOLK UNIVERSITY LAW REVIEW. 629 (1997).
Presented at Suffolk University Law School, Boston, Massachusetts, 1st Annual Convocation for Law Students, March, 1996. Awarded 1st Prize.
Presented at UCLA Center for the Study of Women, February, 1996.
Cited in seven law review articles.

Selected Articles & Presentations – Legal Pedagogy

• Student Grading of In-Class Quizzes, “Engaging and Assessing Our Students,” Institute for Law Teaching and Learning, New York Law School, June 2011

• Why Teach The Rule Against Perpetuities? Four Good Reasons, 15(2) THE LAW TEACHER 8 (Spring 2009).

• Not Just A Study Break: Using Body Heat, Kanye West’s ‘Gold Digger,’ And South Park to Teach (And Examine!) Wills & Trusts, Family Law, and Property, 14 THE LAW TEACHER 8 (Fall 2006), selected for inclusion in Friedland, Hess, Schwartz & Sparrow, TECHNIQUES FOR TEACHING LAW II (Carolina Academic Press 2011) (forthcoming).

• Legal Research? And Writing? In a Property Class?, 14 PERSPECTIVES: TEACHING LEGAL RESEARCH AND WRITING 1 (Fall 2005).

• A Will-Drafting Exercise, 10 THE LAW TEACHER 9-10 (Fall 2002), selected for inclusion in Friedland, Hess, Schwartz & Sparrow, TECHNIQUES FOR TEACHING LAW II (Carolina Academic Press 2011) (forthcoming).

Additional Information

Courses Taught

Property • Wills & Trusts • Wills & Trusts Drafting Lab • Philosophy of Law (seminar) • Antidiscrimination Law/ Gender and the Law/Law, Sexual Orientation & Gender Identity (seminars) • Conflicts of Law • Federal Civil Procedure

Organizational Affiliations

  • AALS Section on Sexual Orientation and Gender Identity Issues, Executive Committee (2011-present)
    National LGBT Bar Association, Academic Advisory Committee (2011-present), Michael Greenberg Writing Competition Judge (2011)
  • National Havurah Committee, Board of Trustees (2006-2009, 2010-2012)
  • Association for Gender Research, Education, Academia and Activism, Board Member (2008-2012)
  • National Association of Women Lawyers, Annual Selma Moidel Smith Law Student Writing Competition Judge (2011, 2013)