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@wustl.edu


Anheuser-Busch Hall, Room 555

Courses Taught

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



Pauline Kim is a nationally recognized expert on employment law and judicial decision-making, and has written widely on issues such as job security, employee privacy, the enforcement of employment discrimination laws, and judicial decision-making. She co-directs Washington University’s Center for Empirical Research in the Law and is co-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 American Law Institute and served as an Adviser to the ALI's Restatement of Employment Law.


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

Forthcoming Scholarship

  • "Market Norms and Constitutional Values in the Government Workplace," North Carolina Law Review (forthcoming) [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)

Recent Articles

  • “Market Norms and Constitutional Values in the Government Workplace,” (forthcoming North Carolina Law Review, 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]
  • "A Holistic Approach to Teaching Work Law"; (with Marion Crain), St. Louis University Law Journal, Vol. 58, pp. 7-27 (2013).
  • "Electronic Privacy and Employee Speech," Chicago-Kent Law Review, Vol. 87, pp. 901-32 (2012) (The 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]
  • "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

  • Co-Director, Center for Empirical Research in the Law
  • Co-President, Society for Empirical Legal Studies
  • 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