Sung Hui Kim

UCLA School of Law

Professor of Law

385 Charles E. Young Dr. East

Room 1242

Los Angeles, CA 90095-1476

United States

  • UCLA School of Law

SCHOLARLY PAPERS

23

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4

CROSSREF CITATIONS

11

Scholarly Papers (23)

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1.

Gatekeepers Inside Out

Georgetown Journal of Legal Ethics, Vol. 21, p. 411, 2008
Number of pages: 53 Posted: 11 Mar 2007 Last Revised: 05 Apr 2017
Sung Hui Kim
UCLA School of Law
Downloads 1,044 (30,300)

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gatekeeper liability, third party liability, white collar crime, law enforcement strategy, inside counsel, in-house counsel, legal ethics, legal profession, professional responsibility, law and economics, rational choice theory, behavioral realism, social cognition, social psychology

2.

The Banality of Fraud: Re-Situating the Inside Counsel as Gatekeeper

Fordham Law Review, Vol. 74, No. 983, 2005
Number of pages: 95 Posted: 23 Jan 2006
Sung Hui Kim
UCLA School of Law
Downloads 557 (70,184)
Citation 2

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banality, fraud, gatekeeper, inside counsel, in-house counsel, corporate counsel, social psychology, cognitive psychology, Sarbanes-Oxley, corporate governance, Model Rules of Professional Conduct, professional responsibility, lawyers, Tyco, Mark Belnick, SEC

3.

Inside Lawyers: Friends or Gatekeepers?

Fordham Law Review, Vol. 84, No. 1867, 2016, UCLA School of Law, Law-Econ Research Paper No. 16-08
Number of pages: 32 Posted: 02 May 2016 Last Revised: 25 May 2016
Sung Hui Kim
UCLA School of Law
Downloads 505 (79,271)

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In-house counsel, accountability, compliance & ethics, confidentiality, general counsel, General Motors, information environment, inside counsel, inside information, management, misconduct

4.

Insider Trading as Private Corruption

61 UCLA Law Review 928 (2014), UCLA School of Law, Law-Econ Research Paper No. 13-15
Number of pages: 81 Posted: 17 Sep 2013 Last Revised: 03 May 2014
Sung Hui Kim
UCLA School of Law
Downloads 375 (112,175)

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Insider trading, private corruption, public corruption, property theory, unjust enrichment theory, normative justification, doctrinal fit, temptation costs, distraction costs, legitimacy costs

5.

Professional Responsibility: A Contemporary Approach (Table of Contents)

PROFESSIONAL RESPONSIBILITY: A CONTEMPORARY APPROACH (Third Edition 2017) , UCLA School of Law, Public Law Research Paper, Fordham Law Legal Studies Research Paper
Number of pages: 13 Posted: 11 May 2017 Last Revised: 09 Jul 2017
Russell G. Pearce, Renee (Newman) Knake Jefferson, Bruce A. Green, Peter A. Joy, Sung Hui Kim, Laurel S. Terry and Ellen Murphy
Fordham University School of Law, University of Houston Law Center, Fordham University School of Law, Washington University in St. Louis - School of Law, UCLA School of Law, Pennsylvania State University, Dickinson Law and Wake Forest University - School of Law
Downloads 273 (157,142)

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6.

Naked Self-Interest? Why the Legal Profession Resists Gatekeeping

Florida Law Review, Vol. 63, p. 129, 2011, UCLA School of Law Research Paper No. 11-02
Number of pages: 34 Posted: 14 Dec 2010 Last Revised: 09 Jan 2011
Sung Hui Kim
UCLA School of Law
Downloads 221 (192,964)
Citation 1

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regulation of lawyers, legal profession, securities regulation, gatekeeping, social psychology, cognitive dissonance, motivated reasoning, abstract victim, economic self-interest

7.

The Last Temptation of Congress: Legislator Insider Trading and the Fiduciary Norm Against Corruption

Cornell Law Review, Vol. 98, 2013 , UCLA School of Law Research Paper No. 12-08
Number of pages: 76 Posted: 26 Mar 2012 Last Revised: 20 Jun 2013
Sung Hui Kim
UCLA School of Law
Downloads 183 (228,861)
Citation 1

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Insider trading, legislator insider trading, congressional insider trading, governmental insider trading, breach of fiduciary duty, public fiduciary, public corruption, analogical reasoning, speech or debate clause, judicial activism, STOCK Act

8.

Lawyer Exceptionalism in the Gatekeeping Wars

SMU Law Review, Vol. 63, p. 73, 2010
Number of pages: 64 Posted: 04 May 2010 Last Revised: 03 Jun 2010
Sung Hui Kim
UCLA School of Law
Downloads 180 (232,132)

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lawyer exceptionalism, gatekeeping wars, gatekeeper, SEC, organized bar, legal ethics, securities regulation, cognitive psychology, prototype, contrast effect, securities fraud, external regulation of the bar

9.

Fiduciary Government: Provenance, Promise, and Pitfalls

Fiduciary Government (Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim & Paul B. Miller eds., Cambridge University Press 2018)
Number of pages: 20 Posted: 16 Dec 2018
Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim and Paul B. Miller
William & Mary Law School, McGill University - Faculty of Law, Brooklyn Law School, UCLA School of Law and Notre Dame Law School
Downloads 169 (244,882)

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fiduciaries, government, public officials, , purepresentation, legitimacy, corruptionblic trust, positive rights

10.

Do Lawyers Make Good Gatekeepers?

in The Cambridge Handbook of Investor Protection, edited by Arthur Laby (Cambridge University Press, forthcoming 2021), UCLA School of Law, Law-Econ Research Paper No. 21-07
Number of pages: 60 Posted: 21 Jun 2021
Sung Hui Kim
UCLA School of Law
Downloads 158 (259,161)

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Lawyers, legal profession, gatekeepers, Sarbanes-Oxley, material violations, economies of scope, proprietary knowhow, Securities & Exchange Commission

11.

Economic Inequality, Access to Law, and Mandatory Arbitration Agreements: A Comment on the Standard Conception of the Lawyer’s Role

88 FORDHAM LAW REVIEW 1665 (2020), UCLA School of Law, Public Law Research Paper No. 20-13
Number of pages: 19 Posted: 03 Jun 2020
Sung Hui Kim
UCLA School of Law
Downloads 136 (291,873)

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standard conception of the lawyer’s role, standard conception of legal ethics, principle of neutrality, principle of partisanship, economic inequality, access to law, mandatory arbitration agreements, autonomy, freedom as non-interference, freedom as non-domination, republicanism

12.

The Diversity Double Standard

North Carolina Law Review, Vol. 89, 2011, UCLA School of Law Research Paper No. 11-08
Number of pages: 58 Posted: 04 Apr 2011 Last Revised: 17 Dec 2012
Sung Hui Kim
UCLA School of Law
Downloads 131 (300,254)

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diversity, corporate diversity, workplace diversity, educational diversity, nonprofit corporations, for-profit corporations, corporate philanthropy, commercialization of universities, social psychology, prosociality, prosocial behavior, crowding out theory, market norms, communal norms

13.

The Failure of Federal Incorporation Law: A Public Choice Perspective

In Can Delaware be Dethroned? Evaluating Delaware’s Dominance of Corporate Law (edited by Iman Anabtawi, Stephen Bainbridge, Sung Hui Kim, James Park, Cambridge University Press, 2018)., UCLA School of Law, Law-Econ Research Paper No. 17-08
Number of pages: 59 Posted: 18 Apr 2017 Last Revised: 02 Jan 2018
Sung Hui Kim
UCLA School of Law
Downloads 109 (342,453)

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federal incorporation, federal licensing, state competition, corporate charters, Hepburn bill of 1908, trust question, Bureau of Corporations, statism, Sherman Act, National Civic Federation, Theodore Roosevelt

14.

Pari Passu: The Nazi Gambit

Capital Markets Law Journal (2014), UCLA School of Law, Law-Econ Research Paper No. 14-09
Number of pages: 9 Posted: 30 Apr 2014 Last Revised: 03 May 2016
Sung Hui Kim
UCLA School of Law
Downloads 108 (344,643)

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pari passu, sovereign debt, sovereign lending, defaults, Germany, Nazi, Dawes Loan, Young Loan, Argentina, NML Capital, equal treatment

15.

Fiduciary Law and Corruption

The Oxford Handbook of Fiduciary Law (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., Oxford University Press, 2019), UCLA School of Law, Law-Econ Research Paper No. 18-01
Number of pages: 46 Posted: 03 Feb 2018 Last Revised: 16 Jul 2019
Sung Hui Kim
UCLA School of Law
Downloads 86 (398,428)

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Fiduciary, corruption, beneficiary, principal, agent, beneficiary, public office, private gain, entrusted position, self-regarding gain, private fiduciaries, public fiduciaries, temptation, no-conflict rule, no-profit rule, trust, trustworthiness, legitimacy, honoraria, corporate opportunity, self-d

16.

The Ethics of In-House Practice

Lawyers in Practice: Ethical Decisionmaking in Context, Lynn Mather, Leslie Levin, eds., University of Chicago Press, 2012, UCLA School of Law, Law-Econ Research Paper No. 11-12
Number of pages: 24 Posted: 30 Aug 2011 Last Revised: 03 May 2016
Sung Hui Kim
UCLA School of Law
Downloads 86 (398,428)

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inside counsel, in-house counsel, corporate counsel, corporate legal department, general counsel, legal ethics, professional responsibility, organizational client, corporate client, empirical literature, sociology of the legal profession, Model Rules of Professional Conduct

17.

We (the Supermajority of) the People: The Development of a Rationale for Written Higher Law in North American Constitutions

Proceedings of the American Philosophical Society, Vol. 137, No. 3, pp. 364-389, September 1993
Number of pages: 27 Posted: 17 Feb 2006
Sung Hui Kim
UCLA School of Law
Downloads 76 (428,022)

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supermajority, North American constitutions, U.S. Constitution, written higher law, The Federalist Papers, Alexander Hamilton, James Madison, weighted voting, William Penn, James Harrington, Algernon Sidney, constitutional conventions, colonial period

18.

Fiduciary Law's Anti-Corruption Norm

in Research Handbook on Fiduciary Law (edited by Andrew S. Gold and Gordon Smith, Edward Elgar Publishing Ltd, 2017), UCLA School of Law, Law-Econ Research Paper No. 17-07
Number of pages: 27 Posted: 18 Apr 2017 Last Revised: 06 Jun 2017
Sung Hui Kim
UCLA School of Law
Downloads 73 (437,447)

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Fiduciary Law, Fiduciary Obligation, Anti-Corruption, Corruption, Fiduciary Duties, Bribes and Secret Commissions, Opportunities, Lease Renewals and Reversions, Confidential Information

19.

Foreword to Robert Eli Rosen, Lawyers in Corporate Decision-Making

LAWYERS IN CORPORATE DECISION-MAKING, Robert Eli Rosen, ed.,, Quid Pro Books, 2010, UCLA School of Law Research Paper No. 11-09
Number of pages: 3 Posted: 10 Apr 2011 Last Revised: 28 Aug 2011
Sung Hui Kim
UCLA School of Law
Downloads 54 (507,480)

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corporate decision-making, moral decision-making, in-house counsel, inside counsel, corporate counsel, legal ethics, ideology of moral independence, sociology of the legal profession

20.

What Governmental Insider Trading Teaches Us About Corporate Insider Trading

RESEARCH HANDBOOK ON INSIDER TRADING, Stephen M. Bainbridge, ed., Edward Elgar, 2013, UCLA School of Law, Law-Econ Research Paper No. 12-17
Number of pages: 25 Posted: 24 Sep 2012 Last Revised: 03 May 2016
Sung Hui Kim
UCLA School of Law
Downloads 40 (572,932)

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governmental insider trading, legislator insider trading, congressional insider trading, corporate insider trading, Henry Manne, public corruption, private corruption, private gain from public office, fiduciary, fairness, legitimacy

21.

The Supreme Court's Fiduciary Duty to Forgo Gifts

In Fiduciary Government (Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, & Paul B. Miller Eds., Cambridge University Press, 2018), UCLA School of Law, Public Law Research Paper No. 18-13
Number of pages: 56 Posted: 24 Apr 2018 Last Revised: 19 Dec 2018
Sung Hui Kim
UCLA School of Law
Downloads 30 (630,233)

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Supreme Court, Justices, gifts, merchandise, hospitality, regulation, fiduciary, judicial ethics, trust, impartiality, reciprocity, norms, no-conflict rule, no-profit rule, prophylaxis, temptation, corruption

22.

Appendix to The Last Temptation of Congress: Legislator Insider Trading and the Fiduciary Norm Against Corruption

Cornell Law Review, Vol. 98, p. 845, 2013
Number of pages: 5 Posted: 08 Nov 2012 Last Revised: 15 Jun 2013
Sung Hui Kim
UCLA School of Law
Downloads 8 (810,467)

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legislator insider trading, governmental insider trading, congressional insider trading, separation of powers, First Amendment

23.

Reimagining the Lawyer's Duty to Uphold the Rule of Law

Forthcoming 2023 U. Ill. L. Rev. (2023)
Number of pages: 71 Posted: 25 Jul 2022 Last Revised: 02 Aug 2022
Sung Hui Kim
UCLA School of Law
Downloads 5 (841,493)

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rule of law, legal ethics, lawyers, legal profession, professional responsibility, classical republican tradition, republicanism, ethical obligation, fiduciary obligation, civic duty, civic republicanism, formal legality, democratic legitimacy, arbitrary exercise of power, freedom as non-domination,