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 writes about civil rights and civil procedure. She is a leading expert on excessive force litigation. Her articles and essays have appeared in the Alabama Law Review, the Yale Law Journal Forum, the Utah Law Review, the Stanford Journal of Civil Rights & Civil Liberties, the Michigan Journal of Race & Law, the Columbia Law Review Forum, the Missouri Law Review, and Feminist Law Judgments, among others.
Professor Macfarlane is Chair-Elect of the AALS Section on Disability Law. She was recognized by the Idaho Business Review as a 2019 Accomplished Under 40 honoree and was awarded the University of Idaho College of Law's 2019 Diversity and Human Rights Award.
Before joining the University of Idaho, she served as a teaching fellow at the LSU Hebert Law Center, where she taught Civil Rights Litigation, Disability Law, and Legal Research and Writing. Professor Macfarlane also worked as an Assistant Corporation Counsel in the New York City Law Department, where she was lead counsel in federal civil rights actions. As an associate at Quinn Emanuel, she represented plaintiffs in mortgage-backed securities litigation, and was lead counsel in a pro bono prisoner civil rights action. 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.
Professor Macfarlane is a recognized disability rights advocate. She wrote about her experiences with disability and reasonable accommodations in law school and practice 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 Ms., 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. She spent her childhood in Rome, Italy, and is fluent in Italian and Spanish.
She 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.
- 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)
- 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)
- 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)
Recent Blog Posts
Posted Mon, 10 Aug 2020 09:16:00 -0700
Professor Macfarlane's article Accelerated Civil Rights Settlements was cited by Judge Carlton Reeves of the Southern District of Mississippi, whose opinion in Jamison v. McClendon criticizing qualified immunity has received significant press attention. Read more
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