Pauline Kim


Pauline Kim

Daniel Noyes Kirby Professor of Law


A.B., Harvard and Radcliffe Colleges
Henry Fellow, New College, Oxford
J.D., Harvard University 

Curriculum Vitae




Beverly Owens - (314) 935-6482

Phone / Email

Phone: (314) 935-8570


Courses Taught

Civil Procedure
Employment Discrimination
Employment Law
Seminar on Courts and Judicial Decision-Making


Pauline Kim is a nationally recognized expert on the law governing the workplace and has written widely on issues such as job security, employee privacy, the enforcement of employment discrimination laws and judicial decision-making. Her current work focuses on the use of big data in the workplace and the implications for employee privacy and workplace discrimination. She co-directs Washington University’s Center for Empirical Research in the Law and is Past-President of the Society for Empirical Legal Studies. With Marion Crain and Michael Selmi, she co-authored one of the leading textbooks on employment law, Work Law: Cases and Materials, now in its 3rd edition. She was principal investigator on a two year NSF-funded research project on government-initiated employment discrimination litigation in the federal courts. Before joining the faculty, Professor Kim clerked for The Honorable Cecil F. Poole on the United States Court of Appeals for the Ninth Circuit. Following her clerkship, she was the Félix Velarde-Muñoz Fellow, and later a staff attorney, at the Employment Law Center/Legal Aid Society of San Francisco. In 2007-08, she was the inaugural John S. Lehmann Research Professor, and from 2008-2010, she served as the school’s Associate Dean for Research and Faculty Development. She is a member of the Labor Law Group and the American Law Institute, and served as an Adviser to the ALI's Restatement of Employment Law.

Representative Publications

Forthcoming Scholarship

  • "Data-Driven Discrimination at Work," William & Mary Law Review (forthcoming 2017) [SSRN]


  • Work Law: Cases and Materials (with M. Crain & M. Selmi), Matthew Bender/LexisNexis Group (3rd ed., 2015)
  • Work Law: Teacher’s Manual (with M. Crain & M. Selmi), Matthew Bender/LexisNexis Group (3rd ed., 2015)


  • “Market Norms and Constitutional Values in the Government Workplace,” 97 North Carolina Law Review 601 (2016) [SSRN]
  • “Addressing Systemic Discrimination: Public Enforcement and the Role of the EEOC,” Boston University Law Review, Vol. 95, pp. 1133-1154 (2015) [SSRN]
  • "The Equal Employment Opportunity Commission and Structural Reform of the American Workplace," Washington University Law Review, Vol. 91, Issue 6, pp. 1519- 90 (2014) (with Margo Schlanger) [SSRN]
  • "Electronic Privacy and Employee Speech," Chicago-Kent Law Review, Vol. 87, pp. 901-32 (2012) (The Kenneth M. Piper Lecture) [SSRN]
  • "A Dynamic Model of Doctrinal Choice," Journal of Legal Analysis (2012) (with Scott Baker) [SSRN]
  • "Beyond Principal-Agent Theories: Law and The Judicial Hierarchy," Northwestern University Law Review, Vol. 105, pp. 535-75 (2011) [SSRN]
  • "Regulating the Use of Genetic Information: Perspectives from the U.S. Experience," Comparative Labor Law & Policy Journal, Vol. 31, pp. 693-703 (2010) [SSRN]
  • "Collective and Individual Approaches to Protecting Employee Privacy: The Experience with Workplace Drug Testing," in Workplace Privacy, eds. Samuel Estreicher & Jonathan Nash (2010) (reprinted from Louisiana Law Review, Vol. 66, No. 4, pp. 1009-34 (2006) [SSRN]
  • "Deliberation and Strategy on the United States Courts of Appeals," 15 University of Pennsylvania Law Review 1319 (2009) [SSRN]  
  • "How Should We Study District Judge Decision-Making?" (with M. Schlanger, C. Boyd, & A.D. Martin), 29 Washington University Journal of Law & Policy 83 (2009) [SSRN]  
  • "The Supreme Court Forecasting Project: Legal and Political Science Approaches to Predicting Supreme Court Decision-Making," Columbia Law Review, Vol. 104, No. 4, pp. 1150-1209 (2004)
  • "The Colorblind Lottery," Fordham Law Review, Vol. 72, No. 1, pp. 9-39 (2003) [SSRN]
  • "Genetic Discrimination, Genetic Privacy: Rethinking Employee Protection for a Brave New Workplace," Northwestern University Law Review, Vol. 96, No. 4, pp. 1497-1551 (2002) [SSRN]
  • "Norms, Learning and Law: Exploring the Influences on Workers’ Legal Knowledge," University of Illinois Law Review, Vol. 1999, Issue 2, pp. 447-515 (1999) [SSRN]
  • "Bargaining with Imperfect Information: A Study of Worker Perceptions of Legal Protection in an At-Will World," Cornell Law Review, Vol. 83, Issue 1, pp. 105-160 (1997) [SSRN]
  • "Privacy Rights, Public Policy and the Employment Relationship," Ohio State Law Journal, Vol. 57, No. 3, pp. 671-730 (1996)

Data Resources

EEOC Litigation Project: Professor Kim was a principal investigator in this project which collected and analyzed in-depth information about the participants, motions, evens and outcomes in the EEOC’s enforcement litigation over a 10 year period of time. For more information and to access the data, go to

Selected Recent Activities

  • Co-Director, Center for Empirical Research in the Law
  • Co-President, Society for Empirical Legal Studies
  • Member, American Law Institute (ALI), since 2000; Adviser to the ALI’s Restatement of Employment Law 
  • Member, Labor Law Group, since 2007
  • Principal Investigator, The Litigation Process in Government-Initiated Employment Discrimination Suits (with A. Martin & M. Schlanger), National Science Foundation grant, 2007–09

Recent Honors and Awards

  • David M. Becker Professor of the Year, 2016
  • International Association of Privacy Professionals Paper Award for “Data-Driven Discrimination at Work,” presented at Privacy Law Scholars’ Conference, 2016