Kat Macfarlane
@katmacfarlane.bsky.social
5.1K followers 2.5K following 530 posts
Law prof interested in civil rights, disability, and procedure. At war with my immune system. I have the best dog. https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2115906
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katmacfarlane.bsky.social
Higher Education’s Accommodations Mistake is forthcoming in the Georgetown LJ. It argues that the fundamental alteration defense is misapplied in higher ed and that Guckenberger & Wynne were wrongly decided, resulting in decades of unjustified accommodation denials. papers.ssrn.com/sol3/papers....
Higher Education's Accommodations Mistake
<p><span>A university may deny a disabled student’s reasonable accommodation request if it decides that the accommodation would fundamentally alter its academic
papers.ssrn.com
katmacfarlane.bsky.social
Today I got another call from the person who identifies as ‘Tyler’ and harasses female law professors on our personal cell phones. The script is getting very old.
katmacfarlane.bsky.social
When @dorfmandoron.bsky.social is coming to town one must advertise appropriately.
katmacfarlane.bsky.social
Can’t wait to have @dorfmandoron.bsky.social here @syracuselaw.bsky.social next Monday! My Civil Rights Lit students just read (and loved) Fear of the Disability Con.
katmacfarlane.bsky.social
How Cooper feels about my recent trips out of town
Reposted by Kat Macfarlane
slooterman.bsky.social
Reupping this — I’m still looking for folks to talk to!
slooterman.bsky.social
Are rising prices and inflation eating into your or a loved one’s Social Security payments? Want to talk about it with a reporter for a news article? DM or email sluterman at 19thnews dot org.
Reposted by Kat Macfarlane
Reposted by Kat Macfarlane
juliametraux.bsky.social
For National Disability Employment Awareness Month at @motherjones.com, I spoke to four disabled federal workers who were laid off about how their old jobs were very accessible—and what the federal government loses out on by having fewer disabled employees. www.motherjones.com/politics/202...
The human costs of Trump's war on government
For many disabled workers, federal jobs were decent, human, and accommodating: everything the president hates.
www.motherjones.com
katmacfarlane.bsky.social
I love it! Doesn’t get any more Roman than Trastevere ❤️
katmacfarlane.bsky.social
Got to see my father and sister Alessandra in Rome. At 6’3, my dad is the tallest resident of Trastevere, you can’t miss him :)
katmacfarlane.bsky.social
Representing the Midwest here at the Catacombs
katmacfarlane.bsky.social
Quick trip to my home away from home
katmacfarlane.bsky.social
Tremendous lineup at a very timely UMKC Law symposium, featuring @syracuselaw.bsky.social ‘s very own Maria Cudowska, who is presenting a great paper about wellness apps and ‘Wellness Disputes’
Defining Wellness Law: The Need for Legal Attention to Wellness – ASLME
aslme.org
Reposted by Kat Macfarlane
veenadubal.bsky.social
“This is extortion, plain and simple.

It is not hyperbole to say that the future of higher education.. requires that every university reject it…The only solution is solidarity and collective action against this effort at federal control over higher education.”

www.nytimes.com/2025/10/02/o...
Opinion | Trump’s ‘Compact’ With Universities Is Just Extortion
www.nytimes.com
katmacfarlane.bsky.social
He stared at me like this for several minutes instead of going to the bathroom.
katmacfarlane.bsky.social
Today we were bad and have zero remorse.
katmacfarlane.bsky.social
Very very excited to read this.
Reposted by Kat Macfarlane
evanbernick.bsky.social
Just going to leave this here. I continue to believe that this whole thing is a catastrophe for legal scholarship, and I hope it doesn’t do any more damage. publications.lawschool.cornell.edu/lawreview/wp...
ESSAY
BIRTHRIGHT CITIZENSHIP AND THE DUNNING
SCHOOL OF UNORIGINAL MEANINGS
Evan D. Bernick, Paul Gowder & Anthony Michael Kreist
This Essay critically
surveys the
recent
debate surrounding birthright citizenship in the United States, particularly in light of arguments presented by legal scholars
Randy Barnett, Kurt Lash, and Ilan Wurman.
Under the guise of "originalism," Barnett, Lash, and Wurman propose an ahistorical, revisionist interpretation of the Fourteenth Amendment's Citizenship Clause. They suggest that the term "jurisdiction" should be understood as "allegiance," seemingly to give the veneer of legitimacy to the Trump Administration's view that the children of undocumented immigrants may not be American citizens. This Essay argues that their efforts to radically redefine the historical understanding of citizenship are methodologically flawed and undermine core principles of constitutional law. The critique exposes the inaccuracies and inconsistencies in their position and scrutinizes the scholarly merit of new theories of birthright citizenship that are wildly inconsistent with constitutional text, history, precedent, and unbroken
tradition.
This Essay concludes by examining the professional responsibility of legal scholars to engage in rigorous, fact-based historical analysis rather than politically motivated reinterpretations that threaten to destabilize
fundamental constitutional rights.
katmacfarlane.bsky.social
The opposite of having deep thoughts
katmacfarlane.bsky.social
Beautiful day here in #CNY. Come Fall, Cooper just blends in.
Reposted by Kat Macfarlane
stevevladeck.bsky.social
#BREAKING: Over the dissents of Justices Sotomayor, Kagan, and Jackson, #SCOTUS grants (yet another) stay to President Trump—this one allowing him to cease obligating $4 billion in foreign aid funding appropriated by Congress.

I’ll post the link when it’s up.
katmacfarlane.bsky.social
Right now, employees with disabilities at the CDC are being told that telework is not possible despite statutory grounds clearly permitting it, whereas telework based on a religious need is deemed ok by the DOJ. The disparity should not stand.
Federal Workers Can Telework for Religious Reasons, DOJ Says (2)
Federal workers can ask to work from home as part of religious accommodations under existing guidelines and recent US Supreme Court decisions addressing faith-based exemptions to workplace policies, t...
news.bloomberglaw.com