Pauline Kim

Charles Nagel Chair of Constitutional Law and Political Science


A.B., 1984, Harvard and Radcliffe Colleges
1984-85 Henry Fellow, New College, Oxford
J.D., 1988, Harvard University 

Curriculum Vitae




Beverly Owens - (314) 935-6482

Phone / Email

Phone: (314) 935-8570
E-mail: kim@wulaw.wustl.edu


Anheuser-Busch Hall, Room 555

Courses Taught

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


Professor Pauline Kim is a nationally recognized expert on employment law and judicial decision-making. Co-author of one of the leading textbooks on work law, she has written widely on issues such as job security, employee privacy, the federal judiciary, and the influences on judicial decision-making. Professor Kim served as the law school’s associate dean for research and faculty development from 2008 to 2010 and was the recipient of the law school’s first John S. Lehmann Research Professorship. She is a member of the American Law Institute (ALI) and an advisor to the ALI’s Restatement of Employment Law. Professor Kim is a core faculty member for the law school’s Center for Empirical Research in the Law, as well as an advisory board member for its Center for the Interdisciplinary Study of Work and Social Capital. 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 Hon. Cecil F. Poole, U.S. Court of Appeals for the Ninth Circuit and worked as a staff attorney at the Employment Law Center/Legal Aid Society of California, where she litigated cases involving race, sex, and disability discrimination; racial and sexual harassment; and unlawful working conditions.

EEOC Litigation Project

Professor Kim is one of the principal investigators in the EEOC Litigation Project, which collects and analyzes in-depth information about the participants, motions, events, and outcomes in the EEOC’s enforcement litigation over a 10 year period of time.  For information about the Project and to access the data, click here.

Representative Publications


  • Work Law: Cases and Materials (with M. Crain & M. Selmi), Matthew Bender/LexisNexis Group (2d ed., 2010)
  • Work Law: Teacher’s Manual (with M. Crain & M. Selmi), Matthew Bender/LexisNexis Group (2d ed., 2010)

Recent Articles

  • "The Equal Employment Opportunity Commission and Structural Reform of the American Workplace" (forthcoming in Washington University Law Review, 2014) (with Margo Schlanger)
  • "A Holistic Approach to Teaching Work Law" (forthcoming in symposium issue, St. Louis University Law Journal, 2013) (with Marion Crain)
  • “Electronic Privacy and Employee Speech,” Chicago-Kent Law Review, Vol. 87, pp. 901-32 (2012) (The Piper Lecture)
  • “A Dynamic Model of Doctrinal Choice,” Journal of Legal Analysis (2012) (with Scott Baker)
  • “Beyond Principal-Agent Theories: Law and The Judicial Hierarchy,” Northwestern University Law Review, Vol. 105, pp. 535-75 (2011)
  • “Regulating the Use of Genetic Information: Perspectives from the U.S. Experience,” Comparative Labor Law & Policy Journal, Vol. 31, pp. 693-703 (2010)
  • “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))
  • “Reply: Exploring Panel Effects,” 158 University of Pennsylvania Law Review PENNumbra 269 (2010) [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]  
  • “Working Group on Chapter 4 of the Proposed Restatement of Employment Law: The Tort of Wrongful Discharge in Violation of Public Policy” (Section II, with C. Fisk), 13 Employee Rights and Employment Policy Journal 159 (2009) [SSRN  
  • “Lower Court Discretion,” 82 NYU Law Review 383 (2007[SSRN]

Selected Recent Activities

  • Member, American Law Institute (ALI), since 2000; Advisor 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
  • Member, Advisory Board, Center for the Interdisciplinary Study of Work and Social Capital, Washington University School of Law
  • Core Faculty, Center for Empirical Research in the Law, Washington University School of Law

Selected Recent Presentations

  • Paper Presentation, "Medical Privacy, Anti-Discrimination Law and Employee Wellness Programs," symposium on Privacy, Law and the Contemporary Workplace: New Challenges and Directions, Queen's University, Toronto
  • Panelist, “The Equal Employment Opportunity Commission and Structural Reform of the American Workplace,” Jack Pemberton Legacy Event, University of San Francisco Law School, 2010
  • Paper Presentation, “Beyond Principal-Agent Theories: Law and the Judicial Hierarchy,” Political Science and Law Conference, Northwestern Law School/Searle Center, 2009; Faculty Workshop, Saint Louis University Law School, 2009; and Faculty Workshop, Washington University School of Law, 2009
  • Paper Presentation, “Deliberation and Strategy on the United States Courts of Appeals,” Faculty Workshop, University of Kansas School of Law, 2009; Faculty Workshop, Emory Law School, 2008
  • Paper Presentation, “Understanding Panel Effects,” University of Pennsylvania Law School seminar, 2008; Conference on Empirical Legal Studies, Cornell Law School, 2008; Faculty Workshop, University of Alabama School of Law, 2008