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California Western --
Nancy S. KimNancy S. Kim

Associate Professor of Law and
Visiting Associate Professor,
Rady School of Management,
University of California, San Diego

LL.M. University of California, Los Angeles [public international law]
J.D. University of California, Berkeley
A.B. University of California, Berkeley
[high honors and distinction, Phi Beta Kappa]

Courses Taught: Contracts I & II, Licensing, Sales, Topics in Corporate Governance:  Current Issues in Business Law (at Rady School of Management, UCSD)

Professor Kim joined the faculty in fall 2004.  Prior to that time, she was Vice President of Business and Legal Affairs of a multinational software and services company. She has worked in business and legal capacities for several Bay Area technology companies and was an associate in the corporate law departments at Heller, Ehrman, White & McAuliffe in San Francisco and Gunderson, Dettmer in Menlo Park.  She previously taught at Whittier Law School and St. Mary's College in Moraga.

While in law school, Kim was Associate Editor of the California Law Review and Associate Editor of the Berkeley Women’s Law Journal. After graduating from law school, she was a Women’s Law and Public Policy Fellow at Georgetown University Law Center and a Ford Foundation Fellow at UCLA School of Law. Kim is a member of the State Bar of California and a past recipient of the Wiley W. Manuel Award for pro bono services for her work with the Asian Pacific American Legal Center.  Kim currently serves on the executive committee of the Section on Internet and Computer Law of the American Association of Law Schools.  Her scholarly interests focus on culture and the law, contracts, women and the law, and technology. 


Selected Scholarly Publications 

  • "Reasonable Expectations in Socio-Cultural Context," WAKE FOREST L. REV. (forthcoming, 2010)
  • "Arbitration's Summer Soldiers Marching into Fall:  Another Look at Eisenberg, Miller and Sherwin's Empirical Study of Arbitration Clauses in Consumer and Non-Consumer Contracts," (w/ Chii-Dean Lin), VT. L. REV. (symposium) (forthcoming, 2010)
  • "Website Proprietorship and Online Harassment," 2009 UTAH L. REV. 993
  • "Bargaining Power and Background Law," VAND. J. ENT. & TECH. L. (forthcoming, 2009)
  • "Imposing Tort Liability on Websites for Cyber Harassment," 118 YALE L. J. POCKET PART 115 (2008) 
  • "The Software Licensing Dilemma," 2008 BYU L. REV. 101
  • "Mistakes, Changed Circumstances and Intent," 56 U. KAN. L. REV. 473 (2008)
  • "Internet Challenges to Business Innovation," 12 J. INTERNET LAW 3 (August 2008)
  • "Clicking and Cringing,"  86 OR. L. REV. 797 (2007) (selected for Stanford/Yale Junior Faculty Forum, 2007)
  • "Blameworthiness, Intent and Cultural Dissonance: The Unequal Treatment of Cultural Defense Defendants,"  17 U. FLA. J. L. & PUB POL'Y 199 (2006) (symposium)
  • “Martha Graham, Professor Miller, and the Work for Hire Doctrine:  Undoing the Judicial Bind Created by the Legislature,” 13 J. INTELL. PROP. L. 337 (2006) (reprinted in Thomson West’s ENTERTAINMENT, PUBLISHING AND THE ARTS HANDBOOK, 2007-2008 (ed. Karen Tripp)).   
  • "Evolving Business and Social Norms and Interpretation Rules: The Need for a Dynamic Approach to Contract Disputes," 84 NEB. L. REV. 506 (2005).
  • “The Cultural Defense and the Problem of Cultural Preemption: A Framework for Analysis,” 27 N. M. L. REV. 101 (1997).
  • “Toward a Feminist Theory of Human Rights: Straddling the Fence Between Western Imperialism and Uncritical Absolutism,” 25 COLUM. HUM. RTS. L. REV. 49 (1993).

Selected Presentations

  • "The Communications Decency Act:  Has the Overwhelming Success of Section 230 Immunity Imperiled Its Very Existence?", 22nd Annual Media and the Law Seminar, Kansas City, MO, April 17, 2009

  • "Content and the CDA Immunity, Law & Information Society Symposium: Intermediaries in the Information Society", Center on Law and Information Policy, Fordham Law School, New York, NY, March 27, 2009

  • "Cyber Harassment and the Rhetoric of Free Speech," TPRC 2008:  The 36th Research Conference on Communication, Information, and Internet Policy, The National Center for Technology & Law, George Mason University School of Law, Arlington, VA September 26 - September 28, 2008 

  • "Contracts and Power", panelist, Fourth International Conference on Contracts, McGeorge School of Law, University of the Pacific, Sacramento, CA, February 8-9, 2008

  • "The Software Licensing Dilemma", Fifth Annual Works-in-Progress Intellectual Property Colloquium, American University, Washington College of Law, Washington, D.C., September 28-29, 2007

  • "Clicking and Cringing", Stanford/Yale Junior Faculty Forum, Stanford Law School, Palo Alto, CA, May 18-19, 2007

Other Publications

 

 

nkim@cwsl.edu         
619-525-1693
225 Cedar Street
San Diego, CA 92101

Publications
 
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