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Nancy S. Kim

ProFlowers Distinguished Professor of Internet Studies
Professor of Law
Visiting Professor, Rady School of Management - UC San Diego

LLM, University of California, Los Angeles [public international law]
JD, University of California, Berkeley
AB, University of California, Berkeley [high honors and distinction, Phi Beta Kappa]
225 Cedar Street
(619) 525-1693
Contracts I & II, Licensing, Sales, Topics in Corporate Governance: Current Issues in Business Law (at Rady School of Management - UC San Diego)

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 is a former chair of both the section on Commercial and Related Consumer Law and the section on Contracts of the Association of American Law Schools (AALS). She is an elected member of the American Law Institute and the Chair of the Subcommittee on UCC Article 1 of the ABA Business Law Section. She has been quoted or cited in numerous media outlets, including the New York Times, NPR, the Los Angeles Times, Boston Globe, Slate Magazine, and Fast Company. 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. Her work was the subject of a special symposium issue of the Southwestern Law Review. Professor Kim has written an innovative textbook, THE FUNDAMENTALS OF CONTRACT LAW AND CLAUSES: A PRACTICAL APPROACH (Edward Elgar, 2016) which adopts a practical approach to teaching first year contracts through the use of contract clauses. Her latest book is about consent, CONSENTABILITY: CONSENT AND ITS LIMITS (Cambridge University Press, 2019)

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

Listen to Professor Kim discuss the Equifax data breach here.

Listen to Professor Kim discuss her book, Consentability: Consent and its Limits, here.

Professor Nancy Kim's Website.

View Professor Kim's CV.

Visit Professor Kim's SSRN Author Page.


  • Nancy S. Kim, Consentability: Consent and its Limits (Cambridge University Press, 2019)
  • Nancy S. Kim, The Fundamentals of Contract Law and Clauses: A Practical Approach (2016).
  • Nancy S. Kim, Wrap Contracts: Foundations And Ramifications (2013).

Book Chapters

  • Nancy S. Kim, Online Contracting: Causes and Cures, in Research Handbook on Electronic Commerce Law 181 (John A. Rothchild ed., 2016).
  • 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).


  • Nancy S. Kim, The Coerciveness of the Restatement of Consumer Contracts, Loyola Consumer L. Rev. (invited symposium on the Restatement of Consumer Contracts) (forthcoming 2021).
  • Nancy S. Kim, New Developments in Digital and Wrap Contracts, The Business Lawyer (forthcoming 2021).
  • Nancy S. Kim, Revisiting the License v. Sale Conundrum, 54 Loyola of Los Angeles Law Review (forthcoming 2021).
  • Nancy S. Kim, Author Response: The Meaning of Consent, 66 Loyola L. Rev. 145 (2020) (symposium dedicated to Consentability: Consent And its Limits).
  • Nancy S. Kim, Notice and Assent Through Technological Change: The Enduring Relevance of the Work of the ABA Joint Working Group on Electronic Contracting Practices, (co-authored with Juliet Moringiello and John E. Ottaviani), The Business Lawyer, Vol. 75 (Spring 2020).
  • Nancy S. Kim, Digital Contracts: New Developments, Survey of the Law of Cyberspace, The Business Lawyer, Vol. 75, (Winter 2019–2020).
  • Adam Levitin, Nancy S. Kim, Christina L. Kunz, Peter Linzer, Patricia A. McCoy, Juliet Moringiello, Elizabeth A. Renuart & Lauren E. Willis, The Faulty Foundation of the Draft Restatement of Consumer Contracts, 36 Yale J. on Reg. 447 (2019).
  • Nancy S. Kim, Relative Consent and Contract Law, 18 Nev. L. J. 165 (2018)
  • Nancy S. Kim, Online Contracting, 72 The Business Lawyer 243 (Winter 2016-2017)
  • Nancy S. Kim & D. A. Jeremy Telman, Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent, 80 Mo. L. Rev. (2015).
  • Nancy S. Kim, The Wrap Contract Morass, 44 Sw. L. Rev. 309 (2015).
  • Nancy S. Kim, Two Alternate Visions of Contract Law in 2025, 52 Duq. L. Rev. 303 (2014).
  • Nancy S. Kim, Situational Duress and the Aberrance of Electronic Contracts, 89 Chi.-Kent L. Rev. 265 (2014).
  • Nancy S. Kim, Website Design and Liability, 52 Jurimetrics J. 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 Sociocultural 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 Tul. 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, Little Clicks, Big Consequences, Jotwell (June 20, 2019) (reviewing Brett Frischmann & Evan Selinger’s book, Re-engineering Humanity (2018)),
  • Nancy S. Kim, The Proposed Restatement of the Law of Consumer Contracts and the Struggle Over the Soul of Contract Law, Jurist (June 2, 2019),
  • Nancy S. Kim, In Re Marriage of Witten: Subordinating Contracts to ‘Public Policy,’ Fla. St. L. Rev. (forthcoming, 2018) (part of anthology, “The Best and Worst of Contracts Decisions: An Anthology”).
  • Nancy S. Kim, Resisting Contract Law’s Paradigm Slip Through Shared Meaning, Jotwell (May 17, 2018) (reviewing Robin B. Kar & Margaret J. Radin’s, Pseudo-Contract & Shared Meaning Analysis, 132 Harv. L. Rev. (forthcoming 2019),
  • Nancy S. Kim, Exploitation by Wrap Contract—Click “Agree,” 39 New Matter 10 (Summer 2014),
  • Nancy S. Kim, Boilerplate and Consent, 17 Greenbag 2D 293 (2014),
  • Nancy S. Kim, Wrap contracts: the online scourge, OUP blog (December 17, 2013),
  • Nancy S. Kim, Despite Limits, ‘Eraser’ Law is Important, San Diego Union Tribune, (October 11, 2013),
  • Nancy S. Kim, Carnival Cruise and the Contracting of Everything, OUP blog (Sept. 20, 2013),
  • Nancy S. Kim, Why do we sign away our Internet right to privacy, The Sacramento Bee, (Aug. 14, 2013),
  • Nancy S. Kim, Reply to Professors David G. Epstein and Scott J. Burnham, 1 Wake Forest L. Rev. Online 133 (2011),