Katherine Mims Crocker

Katherine Mims Crocker

Associate Professor of Law
Degrees: J.D., University of Virginia School of Law; A.B., Harvard University
Email: [[kmcrocker]]
Office phone: (757) 221-3758
Office location: Room 254F
Full resume: here (.pdf in new window)
Areas of Specialization

Federal Courts; Civil-Rights Litigation; Constitutional Law; State and Local Government Law; Civil Procedure; Property Law

Representative Professional Activities and Achievements

Professor Crocker joined the William & Mary Law School faculty in 2019. She will become an Affiliate of the Stanford Constitutional Law Center at Stanford Law School in Fall 2023, and she was a Campbell Fellow at the Hoover Institution at Stanford University in January 2023.

Professor Crocker's scholarship concentrates on federal courts, civil-rights litigation, structural constitutional law, and state and local-government law. She has published scholarship in the Duke Law Journal, the Florida Law Review, the Georgia Law Review, the Michigan Law Review, the Notre Dame Law Review, and the Virginia Law Review. Her work has been cited in an opinion from the Supreme Court of the United States dissenting from the denial of certiorari and in majority opinions from other courts.

At William & Mary, Professor Crocker teaches Federal Courts, State and Local Government Law, Civil Procedure, and Property, and at Duke Law School, she co-taught a course on judicial decisionmaking. Before coming to William & Mary, Professor Crocker was an Olin-Smith Fellow and Postdoctoral Associate at Duke. She also practiced law at McGuireWoods LLP in Richmond, Virginia, where she focused on appellate litigation and dispositive motions. She clerked for Justice Antonin Scalia of the Supreme Court of the United States and for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.

Professor Crocker received her law degree from the University of Virginia, where she graduated first in her class and served as an Articles Development Editor of the Virginia Law Review. She earned her undergraduate degree cum laude from Harvard University.

Professor Crocker is a member of the Virginia State Bar and the Virginia Bar Association. She is also a member of the John Marshall Inn of Court and a recipient of the Temple Bar Scholarship from the American Inns of Court Foundation.

Scholarly Publications
Articles and Book Chapters
  • Constitutional Rights, Remedies, and Transsubstantivity, 110 Va. L. Rev. ___ (forthcoming 2024). SSRN.
  • A Prophylactic Approach to Compact Constitutionality, 98 Notre Dame L. Rev. 1185 (2023). SSRN.
  • Qualified Immunity, Sovereign Immunity, and Systemic Reform, 71 Duke L.J. 1701 (2022). SSRN.
  • The Supreme Court's Reticent Qualified Immunity Retreat, 71 Duke L.J. Online 1 (2021) (essay). SSRN.
  • Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity, 73 Fla. L. Rev. 523 (2021). SSRN.
  • A Scapegoat Theory of Bivens, 96 Notre Dame L. Rev. 1943 (2021) (Federal Courts, Practice, and Procedure Issue and Notre Dame Law Review Symposium: invited essay). SSRN.
  • An Organizational Account of State Standing, 94 Notre Dame L. Rev. 2057 (2019) (Federal Courts, Practice, and Procedure Issue: invited essay). SSRN.
  • Qualified Immunity and Constitutional Structure, 117 Mich. L. Rev. 1405 (2019). SSRN.
  • A Prudential Take on a Prudential Takings Doctrine, 117 Mich. L. Rev. Online 39 (2018) (essay). SSRN.
  • Justifying a Prudential Solution to the Williamson County Ripeness Puzzle, 49 Ga. L. Rev. 163 (2014). SSRN.
  • Securing Sovereign State Standing, 97 Va. L. Rev. 2051 (2011) (note). SSRN.
  • Policing, Stories, Problems, and Solutions, (2023) (invited symposium review of Joanna Schwartz, Shielded: How the Police Became Untouchable (2023)). Online.
  • The Clerkship Academia Continuum, 16 Judicature 5 (2021) (with Merritt McAlister) (invited essay). Online.
  • Taylor v. Riojas-Post-Decision, SCOTUScast, The Federalist Society, Dec. 7, 2020 (invited podcast). Online.
  • As She Lies in State, a Tribute to Justice Ginsburg, Richmond Times-Dispatch, Sept. 25, 2020 (op-ed). Online.
  • Justice Scalia: The Man I Knew, Richmond Times-Dispatch, Feb. 28, 2016 (op-ed). Online.

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