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Katherine Florey

Martin Luther King Jr. Professor of Law


J.D. University of California at Berkeley (Boalt Hall) 2004

M.F.A. Warren Wilson College 1998

A.B., summa cum laude English and American Literature, Harvard University 1993


Katherine Florey’s research interests include private international law, federal Indian law, civil procedure, and public health law and policy. Within these fields, she is particularly interested in the extraterritorial application of law, theories of jurisdiction, and the powers of tribal courts. Her work in these areas has been cited by numerous state and federal courts. Before joining the UC Davis faculty in 2007, Professor Florey served as a law clerk to the Honorable William Fletcher of the Ninth Circuit Court of Appeals. For law school, she attended UC Berkeley, where she received the Thelen Marrin Award for graduating first in her class. Prior to law school, she worked for several years as an editor, travel writer, and theater critic.

Subject Areas

Public Health Law, Federal Jurisdiction, Federal Courts, Civil Procedure (Including Civil Litigation And Complex Litigation), Conflict Of Laws, Indian Law, Legal History

Selected Career Highlights

  • Associate, Keker & Van Nest LLP, 2005-07
  • Law Clerk to the Honorable William A. Fletcher, Ninth Circuit Court of Appeals, 2004-05
  • Thelen Marrin Award for Academic Excellence
  • Articles Editor, California Law Review

Selected Publications

Toward Tribal Regulatory Sovereignty in the Wake of the Covid-19 Pandemic, 63 Ariz. L. Rev. __ (forthcoming 2021) 

Covid-19 and Domestic Travel Restrictions, 96 Notre Dame L. Rev. Reflection 1 (2020) 

Substance-Targeted Choice-of-Law Clauses, 106 Va. L. Rev. 1107 (2020) 

Resituating Territoriality, 27 Geo. Mason L. Rev. 141 (2019) 

A Successful Experiment: California’s Local Laboratories of Regulatory Innovation, 66 UCLA L. Rev. Disc. 80 (2018) (co-authored with Andrew Doan)

Budding Conflicts: Marijuana’s Impact on Unsettled Questions of Tribal-State Relations, 57 B.C. L. Rev. 991 (2017)

Making It Work: Tribal Innovation, State Reaction, and the Future of Tribes as Regulatory Laboratories, 92 Wash. L. Rev. 713 (2017)

What Personal Jurisdiction Doctrine Does – And What It Should Do, 43 Flor. St. U. L. Rev. 1201 (2016)

Big Conflicts, Little Conflicts, 47 Ariz. St. L.J. 683 (2015)

Beyond Uniqueness: Reimagining Tribal Courts’ Jurisdiction, 101 Calif. L. Rev. 1499 (2013)

State Law, U.S. Power, Foreign Disputes: Understanding the Extraterritorial Effects of State Law in the Wake of Morrison v. National Australia Bank, 92 B.U. L. Rev. 535 (2012)

Making Sovereigns Indispensable: Pimentel and the Evolution of Rule 19, 58 UCLA L. Rev. 667 (2011)

Indian Country’s Borders: Territoriality, Immunity, and the Construction of Tribal Sovereignty, 51 B.C. L. Rev. 595 (2010)

State Courts, State Territory, State Power: Reflections on the Extraterritoriality Principle in Choice of Law and Legislation, 84 Notre Dame L. Rev. 1057 (2009)

Sovereign Immunity’s Penumbras: Common Law, “Accident,” and Policy in the Development of Sovereign Immunity Doctrine, 43 Wake Forest L. Rev. 765 (2008)

Choosing Tribal Law: Why State Choice-of-Law Principles Should Apply to Disputes With Tribal Contacts, 55 Amer. U.L. Rev. 1627 (2006)

Insufficiently Jurisdictional: The Case Against Viewing State Sovereign Immunity as an Article III Doctrine (comment), 92 Calif. L. Rev. 1375 (2004)