Pauline Kim

SSRN Authors Page

• “The Legal Duty to Search for Less Discriminatory Algorithms” (with Emily Black, Logan Koepke, Pauline Kim, Solon Barocas & Mingwei Hsu), 2024 ACM Conference on Fairness, Accountability, and Transparency, nonarchival tract
• “Less Discriminatory Algorithms” (with Emily Black, John Logan Koepke, Solon Barocas & Mingwei Hsu), forthcoming 113 Georgetown Law Journal ___ (2024)
• Debunking AI’s Supposed Fairness-accuracy Tradeoff, JOTWELL (March 7, 2024), Reviewed by Paul Ohm
• “Limitations of the ‘Four-Fifths Rule’ and Statistical Parity Tests for Measuring Fairness”, 8 Georgetown Law Technology Review 93 (2024) (with Manish Raghavan)
• Creating New Tools to Help Build Nondiscriminatory Algorithms, JOTWELL (March 13, 2024), Reviewed by Henry L. Chambers, Jr.
• “Artificial Intelligence, Big Data, Algorithmic Management, and Labour Law,” in The Oxford Handbook of the Law of Work, Guy Davidov, Brian Langille & Gillian Lester, editors (2024)
• “AI and Inequality” in The Cambridge Handbook on Artificial Intelligence & the Law, eds. Kristin Johnson & Carla Reyes, editors (forthcoming 2024)
• “Race-Aware Algorithms: Fairness, Nondiscrimination and Affirmative Action,” 110 California Law Review 1539 (2022)
• “Addressing Algorithmic Discrimination,” Viewpoints on Law & Technology, 65 Communications of the ACM, 25-27 (2022)
• “Artificial Intelligence and the Challenges of Workplace Discrimination and Privacy,” ABA Journal of Labor and Employment Law (forthcoming 2020) (with Matthew T. Bodie)
• “Mapping the Iceberg: The Impact of Data Sources on the Study of District Courts,” 17 Journal of Empirical Legal Studies 466 (2020) (with Christina L. Boyd and Margo Schlanger)
• “Manipulating Opportunity,” 106 Virginia Law Review 867 (2020)
• “Data Mining and the Challenges of Protecting Employee Privacy under U.S. Law,” 40 Comparative Labor Law & Policy Journal 405 (2019)
• “Big Data and Artificial Intelligence: New Challenges for Workplace Equality,” 57 University of Louisville Law Review 313 (2019) (Carl A. Warns, Jr. Keynote Speech).
• “Discrimination in Online Employment Recruiting,” 63 St. Louis University Law Journal 93 (2018) (with Sharion Scott), Symposium on Law, Technology and the Organization of Work, reprinted in Sharing the Gains of the U.S. Global Economy: Proceedings of the New York University 70th Annual Conference on Labor (Charlotte Garden, ed.; Samual Estreicher, series ed.) (Carolina Academic Press) (2021).
• “Auditing Algorithms for Discrimination,” 166 University of Pennsylvania Law Review Online 189 (2017)
• “Data-Driven Discrimination at Work,” 58 William & Mary Law Review 857 (2017)
• “People Analytics and the Regulation of Information under the Fair Credit Reporting Act,” 61 St. Louis University Law Journal 17 (2016) (with Erika Hanson), Symposium on the Law and Business of People Analytics
• “Market Norms and Constitutional Values in the Government Workplace,” 94 North Carolina Law Review 601 (2016)
• “Addressing Systemic Discrimination: Public Enforcement and the Role of the EEOC,” 95 Boston University Law Review 1133 (2015), Symposium on The Civil Rights Act of 1964 at 50: Past, Present, and Future
• Work Law: Cases and Materials (4th ed.), with Marion Crain & Michael Selmi, Matthew Bender & Co./LexisNexis Group (2015)
• “The Equal Employment Opportunity Commission and Structural Reform of the American Workplace,” 91 Washington University Law Review 1519 (2014) (with Margo Schlanger)
• “A Holistic Approach to Teaching Work Law,” 58 St. Louis University Law Journal 7 (2013) (with Marion Crain), Symposium on Teaching Employment and Labor Law
• “A Dynamic Model of Doctrinal Choice,” 4 Journal of Legal Analysis 301 (2012) (with Scott Baker)
• “Electronic Privacy and Employee Speech,” 87 Chicago-Kent Law Review 901 (2012) (The Kenneth M. Piper Lecture)
• “Beyond Principal-Agent Theories: Law and the Judicial Hierarchy,” 105 Northwestern University Law Review 535 (2011)
• “Regulating the Use of Genetic Information: Perspectives from the U.S. Experience,” 31 Comparative Labor Law & Policy Journal 693 (2010)
• “Reply: Exploring Panel Effects,” 158 University of Pennsylvania Law Review PENNumbra 269 (2010)
• “Deliberation and Strategy on the United States Court of Appeals,” 157 University of Pennsylvania Law Review 1319 (2009)
• “How Should We Study District Judge Decision-Making,” 29 Washington University Journal of Law and Policy 83 (2009) (with Margo Schlanger, Christina Boyd and Andrew D. Martin), Symposium on Empirical Research on Decision-Making in the Federal Courts
• “Working Group on Chapter 4 of the Proposed Restatement of Employment Law: The Tort of Wrongful Discipline in Violation of Public Policy,” 13 Employee Rights and Employment Policy Journal 159 (2009) (with Joseph R. Grodin, Paul M. Secunda, Catherine Fisk, Roberto L. Corrada and Richard A. Bales)
• “Lower Court Discretion,” 82 New York University Law Review 383 (2007)
• “Collective and Individual Approaches to Protecting Employee Privacy:  The Experience with Workplace Drug Testing,” 66 Louisiana Law Review 1009 (2006), Symposium on Examining Privacy in the Workplace
• “The Supreme Court Forecasting Project:  Legal and Political Science Approaches to Predicting Supreme Court Decision-Making,” 104 Columbia Law Review 1150-1209 (2004) (with Theodore W. Ruger, Andrew D. Martin and Kevin M. Quinn)
• “Competing Approaches to Predicting Supreme Court Decision Making,” 2 Perspectives on Politics 761 (2004) (with Andrew D. Martin, Kevin M. Quinn and Theodore W. Ruger)
• WERL, “On Tournaments for Appointing Great Justices to the U.S. Supreme Court,” 78 Southern California Law Review 157 (2004)
• “The Family and Medical Leave Act of 1993:  Ten Years of Experience,” 15 Washington University Journal of Law & Policy 1 (2004)
• “The Colorblind Lottery,” 72 Fordham Law Review 9 (2003)
• “Genetic Discrimination, Genetic Privacy: Rethinking Employee Protection for a Brave New Workplace,” 96 Northwestern University Law Review 1497 (2002)
• “Norms, Learning and Law: Exploring the Influences on Workers’ Legal Knowledge,” 1999 University of Illinois Law Review 447 (1999)
• “An Empirical Challenge to Employment at Will,” 23 New Zealand Journal of Industrial Relations 91 (1998)
• “Cynicism, Reconsidered,” 76 Washington University Law Quarterly 193 (1998)
• “Bargaining with Imperfect Information: A Study of Worker Perceptions of Legal Protection in an At-Will World,” 83 Cornell Law Review 105 (1997)
• “Privacy Rights, Public Policy and the Employment Relationship,” 57 Ohio State Law Journal 671 (1996)
• “Common Law Privacy: A Limit on an Employer’s Power to Test for Drugs,” 12 George Mason University Law Review 651 (1990) (with Edward M. Chen and John M. True)