Associate Dean of Faculty Research & Development
Dean Julius Isaacson Professor of Law
John and Frances Angelos Law Center, AL 1007
410.837.4689 AL 1006
J.D., Stanford University, 1990
A.B., cum laude, Harvard and Radcliffe Colleges, 1986
Areas of Expertise
Local Economic Development
Audrey McFarlane’s research and teaching focus on areas of law related to economic development. Her scholarship examines the ways in which economic development is not a neutral policy that government can advance without addressing significant structural issues related to race, class and geography. Her most recent works have focused on how mixed income housing reflects social domination and seeks to manage discrimination and how constitutional doctrine should evaluate the propriety of inclusionary zoning in ways that account for developers’ role and influence on development decision-making. Professor McFarlane has also written on a range of topics including how norms of property law contribute to recurrent foreclosure crises, the insights of critical race theory for eminent domain and regulatory takings, and democratic theoretical justifications for community participation in economic development. She has been a visiting professor at Northeastern School of Law, Seattle University School of Law and University of Maryland School of Law.
Professor McFarlane has an A.B. from Harvard-Radcliffe and a J.D. from Stanford Law School where she was a member of the Stanford Law Review. She joined the University of Baltimore School of Law faculty after clerking for the Hon. A. Leon Higginbotham, Jr., Chief Judge of the United States Court of Appeals for the Third Circuit, and working as an associate at the Washington D.C. law firm of Wilmer Cutler and Pickering. At UB, she teaches courses in Property, Land Use, Local Government and Local Economic Development.
Articles and Essays
Race, Space and Democracy: Locally-Based Strategies for Development - Panel Discussion from Fourth National People of Color Legal Scholarship Conference, Hosted at the American University Washington College of Law, 44 The Harbinger (2019)
Calling for a Community Economic Development Code of Ethics,28 Journal of Affordable Housing 219 (2019)
The Properties of Integration: Mixed Income Housing as Discrimination Management, 66 UCLA L. Rev. 1140 (2019)
Cities, Inclusion and Exactions, 103 Iowa L. Rev. 102 (2017) (with Randall K. Johnson)
The Properties of Instability: Markets, Predation, Racialized Geography and Property Law vol. 2011 Wisconsin L. Rev. p. 855, 2011
Operatively White?: Exploring the Significance of Race and Class through The Paradox of Black Middle-Classness, 72 L. & Contemp Prob. L. (DUKE) 163 (Fall 2009)
Rebuilding the Public-Private City: Regulatory Taking's Anti-Subordination Insights for Eminent Domain and Redevelopment, 42 Indiana L. Rev. 97 (2009)
Putting the "Public" Back Into Public-Private Partnerships for Economic Development, 30 W. New Eng. L. Rev. 39 (2007)
Who Fits the Profile?: Thoughts on Race, Class, Clusters and Redevelopment, 23 Ga. St. L. Rev. 877 (2006)
Redevelopment and the Four Dimensions of Class in Land Use, 22 J. L. and Politics (U. Va.) 33 (Winter 2006)
The New Inner-City: Class Transformation, Concentrated Affluence and The Obligations of the Police Power, 8 U. Pa. J. Const. L. 1 (Jan. 2006)
Preserving Community In The City: Special Improvement Districts And The Privatization Of Urban Racialized Space, Stanford Agora (Fall 2003)
Local Economic Development Incentives in an Era of Globalization: The Exploitation of Decentralization and Mobility, 35 Urban Lawyer 305 (Spring 2003).
The Ebb and Flow of Community Participation in Economic Development, University of Baltimore Alumni Magazine, Fall 2001 (edited and revised excerpt of Brooklyn Law Review article).
When Inclusion Leads to Exclusion: The Uncharted Terrain of Community Participation in Economic Development, 66 Brooklyn L. Rev 863 (2001).
Race, Space and Place: The Internal Critique of the Empowerment Zones Program, 5 Emp. Zone Q. 15 (Summer/Fall 2000) (Edited excerpt of 1999 San Diego article)
Race, Space and Place: The Geography of Economic Development, 36 San Diego L. Rev. 295 (1999)
Empowerment Zones: Urban Revitalization Through Collaborative Enterprise, 5 A.B.A. J. Aff. H. & Comm. Dev. L. 35 (1995).