After graduation from Yale, she clerked for Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit Scafidi's first law teaching position was at the University of Chicago.

[2] Scafidi is credited with being the "pioneer,"[3][4][5][6] "innovator"[7] and "senior stateswoman"[8] of fashion law as a distinct legal field.

[23][24][25] In 2006, she testified before the House Judiciary Committee in favor of the bill now referred to as the Innovative Design Protection Act, which she helped draft.

[28][29] She has been an expert and amicus brief author in multiple cases pertaining to brand protection, including Star Athletica, LLC v. Varsity Brands, Inc.[29] Scafidi was a founding board member of the Model Alliance, which was formed after Scafidi approached model advocate Sara Ziff to discuss organizational strategy after a showing of Ziff's documentary, Picture Me.

[36] As she explained in a January 2006 talk at the annual meeting of the Association of American Law Schools, Scafidi's work in both cultural appropriation and fashion grew out of an interest in forms of creativity that the law does not protect and the values implicit in this status, in contrast to other academics' focus on works with extensive and increasing intellectual property protection.

[37][38][39] Scafidi's work on cultural appropriation has also been cited on both sides in public debates over the use of culture in fashion, such as the Urban Outfitters' Navajo panty;[40][41][42] the use of Native American garb in the 2012 Victoria's Secret Fashion Show;,[43] literature, music, and art;[44][45] and Moana and other halloween costumes.