Associate Professor of Law(225) 771-4900
Professor Katherine Macfarlane, a leading expert on civil rights litigation, joined the Southern University Law Center in 2021. Professor Macfarlane’s work has appeared in or will appear in the Fordham Law Review, the Alabama Law Review, the Yale Law Journal Forum, the Columbia Law Review Forum, the Stanford Journal of Civil Rights and Civil Liberties, and the Michigan Journal of Race and Law, among others. Following the publication of her article “The Danger of Nonrandom Case Assignment: How the S.D.N.Y’s ‘Related Cases’ Rule Has Shaped Stop-and-Frisk Law,” the Southern District of New York amended its local civil rules, adopting several of Professor Macfarlane's recommendations. From 2016 to 2019, Professor Macfarlane was a member of the District of Idaho’s Local Rules Advisory Committee.
Professor Macfarlane chairs the AALS Section on Disability Law and co-founded an affinity group for disabled law professors and allies. She frequently presents and writes about students, lawyers, and professors with disabilities, and the challenges they face in obtaining reasonable accommodations. She is also involved in disability and patient rights advocacy, and in that capacity, has testified before the Louisiana Legislature and participated in a Congressional Arthritis Caucus briefing in Washington, D.C. She is frequently quoted by media outlets reporting on disability and civil rights litigation, including the New York Times, the Wall Street Journal, USA Today, The Nation, NPR, Bloomberg News, and the Times-Picayune.
Prior to joining the Southern University Law Center faculty, Professor Macfarlane served as an associate professor at the University of Idaho College of Law, where she was tenured in 2019. From 2013 to 2015, she served as a teaching fellow at the LSU Hebert Law Center. Prior to joining academia, Professor Macfarlane was an Assistant Corporation Counsel in the New York City Law Department, serving as lead counsel in federal civil rights actions. As an associate in Quinn Emanuel Urquhart & Sullivan's Los Angeles and New York offices, she represented plaintiffs in securities litigation. Prof. Macfarlane clerked for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. She is admitted to practice in California and New York.
Professor Macfarlane received her B.A., magna cum laude, from Northwestern University, and her J.D., cum laude, from Loyola Law School, Los Angeles. She spent her childhood in Rome, Italy, and is fluent in Italian and Spanish. Professor Macfarlane lives in Baton Rouge with her dog Cooper.
Articles & Essays
Disability Without Documentation, 90 Fordham L. Rev. (forthcoming 2021)
Procedural Animus, 71 Ala. L. Rev. 1185 (2020)
Foreseeable Police Shootings,119 Colum. L. Rev. F. 283 (2019)
The New Jim Crow’s Equal Protection Potential, 27 Wm. & Mary Bill of Rts. J. 61 (2018)
Accelerated Civil Rights Settlements in the Shadow of Section 1983, 2018 Utah L. Rev. 639 (2018), reprinted in NLG Civil Rights Litigation & Attorneys Fees Handbook (2018)
Posner Tackles the Pro Se Problem: A Book Review of Reforming the Federal Judiciary, 83 Mo. L. Rev. 113 (2018)
Los Angeles v. Mendez: Proximate Cause Promise for Police Shooting Victims, 118 Colum. L. Rev. F. (2018)
Terry v. Ohio at 50, 54 Idaho L. Rev. 279 (2018) (symposium introduction)
Camouflaging State Biosimilar Laws, 26 Annals of Health Law 52 (2017)
Shadow Judges: Staff Attorney Adjudication of Prisoner Claims, 95 Or. L. Rev. 97 (2017)
Predicting Utah v. Strieff’s Civil Rights Impact, 127 Yale L.J. F. 139 (2016)
A New Approach to Local Rules, 11 Stan. J. C.R. & C.L. 121 (2015)
Analyzing the S.D.N.Y.’s Amended “Related Cases” Rule: The Process For Challenging Case Assignment Remains Inadequate, 69 N.Y.U. Ann. Surv. Am. L. 699 (2015)
The Danger of Nonrandom Case Assignment: How the S.D.N.Y’s “Related Cases” Rule Has Shaped Stop-and-Frisk Law, 19 Mich. J. Race & L. 199 (2014)
Adversarial No More: How Sua Sponte Assertion of Affirmative Defenses to Habeas Wreaks Havoc on the Rules of Civil Procedure, 91 Or. L. Rev. 177 (2012)
Dismissal of Title VII Claims on “Jurisdictional” Exhaustion Grounds, 21 Geo. Mason U. Civ. Rts. L.J. 213 (2011)
Prisoner Procedure in A Critical Guide to Civil Procedure (NYU Press, forthcoming 2021)
Rewritten Opinion of Kulko v. Superior Court in Feminist Family Law Judgments (Cambridge Univ. Press 2020)