Caprice Roberts




B.A., Rhodes College
J.D., Washington & Lee University School of Law

Career Highlights

(912) 525-3908

Email Professor Roberts

Curriculum Vitae

SSRN Papers

Caprice Roberts teaches Contracts, Remedies, Jurisprudence, and Federal Courts. Her classroom experience also includes teaching at Florida State University College of Law, Washington & Lee University School of Law and University of North Carolina School of Law. Roberts has held two federal judicial clerkships and represented clients in complex civil litigation cases in Washington, D.C. She earned a J.D. from Washington & Lee University School of Law and a Bachelor’s from Rhodes College.

During her 10-year career on the West Virginia faculty, Roberts served as Associate Dean of Faculty Research & Development. She has coauthored casebooks in Federal Courts and Remedies and won several awards for her teaching and publications. In addition, Roberts has connections to Georgia that include bar membership and serving as a summer associate at King & Spalding in Atlanta.

On February 24, 2015, Roberts was cited by two Supreme Court Justices in Kansas v. Nebraska, a fight about interstate river water, for accurately predicting innovation in the law of contract remedies.



  • Michael P. Allen et al., Federal Courts: Context, Cases, and Problems (2nd ed. 2015). (with accompanying Teacher’s Manual).
  • Michael P. Allen et al., Federal Courts: Context, Cases, and Problems (1st ed. 2009). (with accompanying Teacher’s Manual).
  • Doug Rendleman & Caprice Roberts, Remedies: Cases and Materials (8th ed. 2010). (with accompanying Teacher’s Manual).
  • Dan B. Dobbs & Caprice Roberts, Law of Remedies: Damages—Equity—Restitution, Hornbook Series (3rd ed. forthcoming).


  • Remedies Unified in Nine Verses, 74 Maryland L. Rev. __ (forthcoming 2014) (Lead Article). SSRN
  • Is Profiting from the Online Use of Another’s Property Unjust? The Use of Brand Names as Paid Search Keywords, 53 IDEA 131 (2013) (with coauthors), “judged one of the best law review articles related to intellectual property law published within the last year” and selected for inclusion in the INTELLECTUAL PROPERTY L. REV. (West 2014) (an anthology published annually by Thomson Reuters). SSRN
  • Teaching Remedies from Theory to Practice, 57 Saint Louis U. L.J. 713 (2013). SSRN
  •  Discretion and Deference in Senate Consideration of Judicial Nominations, 51 U. Louisville L. Rev. 1 (2012). SSRN
  •  The Restitution Revival and the Ghosts of Equity, 68 Wash. & Lee L. Rev. 1027 (2011). SSRN
  •  The Case for Restitution and Unjust Enrichment Remedies in Patent Law, 14 Lewis & Clark L. Rev. 653 (2010), judged one of the year’s best law review articles related to intellectual property and selected for inclusion in the Intellectual Property Law Review (West 2011). SSRN
  •  Rights, Remedies, & Habeas Corpus – The Uighurs, Legally Free but Actually Imprisoned, 24 Georgetown Imm. L.J. 1 (2009), reprinted in Recognition and Enforcement of Judgments:  Comparative and International Perspectives 466-531 (U. Aix-Marseille Press 2010). SSRN
  •  Asymmetric World Jurisprudence, 32 Seattle L. Rev. 569 (2009). SSRN
  •  Restitutionary Disgorgement as a Moral Compass of Breach of Contract, 77 U. Cinn. L. Rev. 991 (2009). SSRN
  •  A Commonwealth of Perspective on Restitutionary Disgorgement for Breach of Contract, 65 Wash. & Lee L. Rev. 945 (2008). SSRN
  • Restitutionary Disgorgement for Opportunistic Breach of Contract and Mitigation of Damages, 42 Loy.  L.A. L. Rev. 131 (2008). SSRN Cited by Justice Thomas (dissent) and Justice Scalia (opinion) on February 24, 2015 in Kansas v. Nebraska, 574 U.S. __ (2015).
  •  “A Desert Grows Between Us” – The Sovereignty Paradox at the Intersection of Tribal and Federal Courts, 65 Wash. & Lee L. Rev. 347 (2008).
  •  In Search of Judicial Activism:  Dangers in Quantifying the Qualitative, 74 Tenn. L. Rev. 567 (2007). SSRN
  • Ratios, (Ir)rationality & Civil Rights Punitive Awards, 39 Akron L. Rev. 1019 (2006); reprinted in Punitive Damages:  New Dimensions (M. N. Bhavani ed., Icfai Univ. Press 2008). SSRN
  • Jurisdiction Stripping in Three Acts – A Three String Serenade, 51 Vill. L. Rev. 593 (2006). SSRN
  • The Fox Guarding the Henhouse?:  Recusal and the Procedural Void in the Court of Last Resort, 57 Rutgers L. Rev. 107 (2004). SSRN
  • Standing Committee on Discipline v. Yagman:  Missing the Point of Ethical Restrictions on Attorney Criticism of the Judiciary, 54 Wash. & Lee L. Rev. 817 (1997).