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Nancy S. Kim

Professor of Law
ProFlowers Distinguished Professor of Internet Studies
Visiting 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]
619-525-1693
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. She has also taught as a visiting faculty member at The Ohio State University, Moritz College of Law, Rady School of Management at the University of California, San Diego and Victoria University in Wellington, New Zealand.

Prior to joining the faculty at California Western, Professor Kim 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.

While in law school, Professor 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. Professor 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.

Professor Kim currently serves as Chair of the section on Contracts and as a member of the executive committee of the section on Commercial and Related Consumer Law of the American Association of Law Schools. She is a contributing editor to the Contracts Law Prof Blog, the official blog for the AALS Section on Contracts. Her scholarly interests focus on culture and the law, contracts, women and the law, and technology. Some of her publications can be found here. Nancy Kim is the author of WRAP CONTRACTS: FOUNDATIONS AND RAMIFICATIONS (Oxford University Press, 2013) which examines how contracts control consumer behavior, especially online, and what this means for society. Professor Kim is an elected member of the American Law Institute.

Listen to Professor Kim discuss her book, Wrap Contracts, here. 

C.V.

Visit Professor Kim's SSRN Author Page.

Books

  • Nancy S. Kim, Wrap Contracts: Foundations And Ramifications (Oxford University Press 2013).

Book Chapters

  • Nancy S. Kim, The Duty to Draft Reasonably and Online Contracts, in Commercial Contract Law: A Transatlantic Perspective 181 (Larry DiMatteo et al. eds., 2013).

Articles

  • Nancy S. Kim, Two Alternate Visions of Contracts in 2025, 52 Duquesne L. Rev 303 (2014)(solicited symposium issue on Contracts in 2025)
  • Nancy S. Kim, Situational Duress and the Aberrance of Electronic Contracts, 89 Chicago-Kent L. Rev. 265 (2014)
  • Nancy S. Kim, Website Design and Liability, 52 Jurimetrics 383 (2012).
  • Nancy S. Kim, Contract’s Adaptation and the Online Bargain, 79 U. Cin. L. Rev. 1327 (2011).
  • Nancy S. Kim, Reasonable Expectations in Socio-Cultural Context, 45 Wake Forest L. Rev. 641 (2010).
  • Nancy S. Kim, Expanding the Scope of the Principles of the Law of Software Contracts to Include Digital Content, 84 Tulane L. Rev. 1595 (2010).
  • Nancy S. Kim & Chii-Dean Lin, 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, 34 Vt. L. Rev. 597 (2010).
  • Nancy S. Kim, Bargaining Power and Background Law, 12 Vand. J. Ent. & Tech. L. 93 (2009).
  • Nancy S. Kim, Website Proprietorship and Online Harassment, 2009 Utah L. Rev. 993 (2009).
  • Nancy S. Kim, The Software Licensing Dilemma, 2008 BYU L. Rev. 1103 (2008).
  • Nancy Kim, Mistakes, Changed Circumstances and Intent, 56 U. Kan. L. Rev. 473 (2008).
  • Nancy S. Kim, Clicking and Cringing, 86 Or. L. Rev. 797 (2007).  

Short Essays, Op-eds, and Other Publications.

  • Nancy S. Kim, Exploitation by Wrap Contract – Click “Agree,” 39 New Matter 10 (publication of Intellectual Property Section of California State Bar Association) (Summer 2014)
  • Nancy S. Kim, Boilerplate and Consent, 17 Greenbag 2D 293 (Spring 2014)
  • Nancy S. Kim, Wrap contracts: the online scourge, OUP blog (December 17, 2013); https://blog.oup.com/2013/12/wrap-contracts-privacy-control-consumers/.
  • Nancy S. Kim, Despite limits, ‘eraser’ law is important, San Diego Union Tribune, (October 11, 2013), http://www.utsandiego.com/news/2013/oct/11/despite-limits-eraser-law-is-important/all/?print.
  • Nancy S. Kim, Carnival Cruise and the contracting of everything, OUP blog (Sept. 20, 2013); http://blog.oup.com/2013/09/carnival-cruise-standard-consumer-contract/.
  • Nancy S. Kim, Why do we sign away our Internet right to privacy, The Sacramento Bee, (Aug. 14, 2013); http://www.sacbee.com/2013/08/04/5620462/why-do-we-sign-away-our-internet.html.
  • Nancy S. Kim, Reply to Professors David G. Epstein and Scott J. Burnham, 1 Wake Forest L. Rev. Online 133 (2011), available at http://wakeforestlawreview.com/reply-to-professors-david-g-epstein-and-scott-j-burnham.
  • Nancy S. Kim, Wrap Contracts and Privacy, 2010 AAAI Spring Symposium Series 110 (2010), available at http://www.aaai.org/ocs/index.php/SSS/SSS10/paper/view/1057/1495.
  • Nancy Kim, Imposing Tort Liability on Websites for Cyber Harassment, 118 Yale L.J. Pocket Part 115 (2008).
  • Nancy Kim, Internet Challenges to Business Innovation, 12 J. Internet L., No. 2, 3 (2008).
  • Nancy Kim, Bank fees unconscionable, San Diego Union Tribune (Oct. 16, 2009), http://www3.signonsandiego.com/stories/2009/oct/16/bank-fees-unconscionable/?opinion.
  • Nancy Kim, Sacrificing privacy to the Web gods, San Francisco Chronicle (Mar. 6, 2008), http://www.sfgate.com/opinion/article/Sacrificing-privacy-to-the-Web-gods-3225491.php.
  • Nancy S. Kim, Playing by the rules of the cyber playground, op-ed, The Providence Journal, (July 4, 2008), http://www.projo.com/opinion/contributors/content/CT_kim4_07-04-08_FDAN168_v20.411deb6.html

Selected Presentations

  • "Incorporating Contracts into the First Year Contracts Course," presentation, Educating the Transactional Lawyer of Tomorrow, Emory Law Center for Transactional Law and Practice, Fourth Biennial Conference on Teaching Transactional Law and Skills, Emory University School of Law, Atlanta, GA, June 6-7, 2014
  • "Wrap Contracts, Author Meets Reader salon," Law and Society Annual Meeting, Minneapolis, MN, May 30, 2014.
  • "The Law of Digital Contracts," Stanford EE/Computer Systems Colloquium, Stanford University, Palo Alto, CA, May 14, 2014.
  • "What Should/Shouldn’t be in the Fine Print?" panelist, Making the Fine Print Fair symposium, hosted by the Georgetown Consumer Law Society and Citizen Works, Georgetown University Law Center, Washington, D.C., April 4, 2014.
  • "Wrap Contracts," panel on Wrap Contracts:  Foundations and Ramifications,Ninth International Conference on Contracts, St. Thomas University School of Law, Miami, FL, February 22, 2014.
  • "Click to Accept: How Online Contracts Shape the Internet and Our Behavior," Dean's Colloquium speaker, Southern Illinois University, School of Law, Carbondale, IL, April 16, 2013
  • "The Sense and Nonsense of the Law of Electronic Contracts," presenter, American Bar Association, Business Law Section, 2013 Cyberspace Law Institute & Winter Working Meeting, Los Angeles, CA, January 23, 2013
  • "Under Watchful Eyes: Privacy and the Technologies that Track," panelist, IIT Chicago-Kent College of Law, October 5, 2012
  • "Clickwraps, Browsewraps, and Why ESIGN Deserves a Bum Rap," panelist, American Bar Association, Business Law Section, Consumer Financial Services Committee, 2012 Annual Meeting, Chicago, Illinois, August 5, 2012
  • "Current Issues in Commercial Contracts: Transatlantic Perspectives, University of Sheffield, School of Law, Sheffield, United Kingdom, September 9-10, 2011
  • "The Role of Contract Design," The Society of Legal Scholars, 102nd Annual Conference, Contract, Commercial and Consumer Law Section, University of Cambridge, Cambridge, United Kingdom, September 7-8, 2011
  • "Online Form as Function," 2011 AALS Workshop on Women Rethinking Equality, Washington, D.C., June 22, 2011
  • 47 U.S.C. section 230: A 15-Year Retrospective, panelist, Santa Clara Law School, Santa Clara, CA, March 4, 2011
  • "Reconceptualizing the Online Bargain", 6th Annual International Conference on Contracts, Stetson University College of Law, Gulfport, FL, February 18-19, 2011
  • "Navigating Lombard Street in a Fog: Seeking (or Ignoring) Landmarks of Intent and Context, panelist, AALS Contracts section discussion, AALS Annual Meeting, San Francisco, CA, January 6, 2011