Associate Professor of Law
College of Law
University of Idaho
P.O. Box 83720-0051
Boise, ID 83720-0051
- B.A., Northwestern University, 2002
- J.D., Loyola Law School, Los Angeles, 2006
Professor Katherine Macfarlane teaches Constitutional Law, Civil Procedure and Civil Rights Litigation. She writes about how civil procedure impacts civil rights outcomes. Her articles and essays have appeared or will appear in the Alabama Law Review, the Utah Law Review, the Stanford Journal of Civil Rights & Civil Liberties, the Michigan Journal of Race & Law, the Yale Law Journal Forum, the Missouri Law Review, Annals of Health Law, and Feminist Law Judgments, among others. She has been interviewed by NPR, The Nation, Bloomberg News, and The Wall Street Journal Law Blog.
Professor Macfarlane was recognized by the Idaho Business Review as a 2019 Accomplished Under 40 honoree. She was awarded the University of Idaho College of Law's 2019 Diversity and Human Rights Award. Professor Macfarlane represents the College of Law on the District of Idaho’s Local Rules Committee.
Professor Macfarlane is also a healthcare and disability expert. She wrote about disability and reasonable accommodations as a 2018 Writer in Residence for Ms. JD. She testified in support of a patient safety bill related to biosimilar medication at the Louisiana Legislature, and participated in a Congressional Arthritis Caucus briefing regarding biosimilars in Washington, D.C. as the panel’s sole patient representative. Her healthcare and disability commentary has been featured in the Ms. Magazine Blog, The Mighty, Creaky Joints, and BUST, as well as several literary journals.
Professor Macfarlane received her B.A., magna cum laude, from Northwestern University and her J.D., cum laude, from Loyola Law School, Los Angeles. Before joining the University of Idaho, she taught Civil Rights Litigation, Disability Rights and Legal Writing at the LSU Hebert Law Center. Professor Macfarlane also worked as an Assistant Corporation Counsel in the New York City Law Department, and as an associate at Quinn Emanuel. She clerked for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit.
Professor Macfarlane is admitted to practice in California and New York, as well as the Central District of California, the Eastern District of New York, the Southern District of New York, and the U.S. Court of Appeals for the Ninth Circuit. She is fluent in Spanish and Italian.
Professor Macfarlane lives in Boise with her dog Cooper.
- Civil Procedure
- Federal Courts
- Civil Rights Litigation
- Disability Rights
- Prisoner Rights
Professor Macfarlane's publications are available on SSRN.
- Predicting Utah v. Strieff's Civil Rights Impact, 127 Yale L.J. F. 139 (2016)
- Shadow Judges: Staff Attorney Adjudication of Prisoner Claims, 95 Or. L. Rev. (forthcoming 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)
- New York City’s Stop-and-Frisk Appeals Are Still Alive, Brooklyn L.J. Practicum (2013)
- 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: How Federal Courts Require That Allegations Be Presented to an Agency Without the Resources to Consider Them, 21 Geo. Mason U. Civ. Rts. L.J. 213 (2011)
- Note, Derungs v. Wal-Mart Stores: A Federal Interpretation Excluding Breast-Feeding from the Scope of a State’s Sex Discrimination Protection, 38 Loy. L.A. L. Rev. 2319 (2005)
Prisoner Procedure, in A Critical Guide to Civil Procedure (forthcoming 2020).
Rewritten Opinion of Kulko v. Superior Court, in Feminist Judgments: Family Law Opinions Rewritten (forthcoming 2019).
Law Review/Journal Articles
Procedural Animus, 71 Ala. L. Rev. (forthcoming 2020).
Foreseeable Police Shootings, 119 Colum. L. Rev. Online (forthcoming 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 Nat’l Lawyers Guild, Civil Rights Litigation and Attorney Fees Annual Handbook (2018).
Posner Tackles the Pro Se Problem, 83 Mo. L. Rev. 113 (2018) (reviewing Richard Posner, Reforming the Federal Judiciary (2017)).
Los Angeles v. Mendez: Proximate Cause Promise for Police Shooting Victims, 118 Colum. L. Rev. Online (2018).
Camouflaging State Biosimilar Laws, 26 Annals Health L. 52 (2017).
Shadow Judges: Staff Attorney Adjudication of Prisoner Claims, 95 Or. L. Rev. 97 (2017).
Recent Blog Posts
Posted Thu, 16 Jan 2020 08:30:00 -0800
At the 2020 AALS conference, Professor Macfarlane was selected as the Disability Law Section’s Chair-Elect. Read more
Posted Thu, 16 Jan 2020 08:28:00 -0800
Professor Macfarlane's essay, Foreseeable Police Shootings, was published in the Columbia Law Review Forum. It addresses section 1983 civil rights actions that follow police violence. Read more
Posted Tue, 10 Sep 2019 14:17:00 -0700
Professor Katherine Macfarlane presented Procedural Animus at the annual Junior Faculty Federal Courts Workshop, held this year at the University of Arkansas. Read more