Roberts-Caprice2-Web2014

Caprice Roberts

Professor

 

Education

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.

Publications

Books:

  • 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).

Articles:

  • 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).

Media, Public & Professional Appearances

Law and Society Association Annual MeetingPast the Façade of the Marble Columns?, Panelist (May 28, 2015).

Law, Culture and Humanities Conference at Georgetown UniversityPast the Façade of the Marble Columns?, Panelist (March 6-7, 2015).

Southeastern Association of Law Schools Annual Conference (SEALS)

  • Emerging Remedies Workshop, Discussant (August 2, 2014).
  • Tenure, Now What?, Panelist (August 6, 2014).

9th Annual International Conference on Contracts, Restitutionary Disgorgement and Opportunistic Breach of Contract, Presenter (February 21-22, 2014).

American Association of Law Schools Annual ConferenceNew Voices in Public Remedies, Moderator (January 2-5, 2014).

Southeastern Association of Law Schools Annual Conference (SEALS)

  • Teaching Remedies from Theory to Practice, Presenter (August 4-10, 2013).
  • The Presidential Pardon As an Exercise of Grace under Pressure, Presenter (August 4-10, 2013).

Vanderbilt Law School, (Mis)use of Brand Names in Google Adwords, Discussant (February 14, 2013).

The University of Mississippi School of Law, The Restitution Revival and the Ghosts of Equity, Invited Faculty Colloquium Speaker & Remedies Class Lecture (November 7, 2011).

Boston University School of Law, Restitution and Unjust Enrichment, Invited Commentator (September 16, 2011).

Southeastern Association of Law Schools Annual Meeting

  • The National Security Constitution and the Federal Courts Canon: Three Years into the Obama Administration, Panelist (July 25, 2011).
  • Discretion and Deference in Senate Consideration of Judicial Nominations, Selected Call for Papers (July 24, 2011).
  • The Supreme Court Nomination Process—Is There a Litmus Test for Supreme Court Nominees? (July 24, 2011).

University of AixMarseille, Aix-en-Provence, France, The Restitution Revival and the Ghosts of Equity, Invited Discussant and Paper Presenter (June 8-9, 2011).

Washington & Lee University School of Law, Restitution Rollout Symposium: The Restatement (Third) of
Restitution and Unjust Enrichment, Opportunistic Breach-Disgorgement: Exorcizing the Ghosts of Equity, Panelist (February 25, 2011).

American Association of Law Schools, The Restitution Revival and Echoes of Equity’s Grave, Selected Panelist from Remedies Section Call for Papers on The Rebirth of the Irreparable Injury Rule (January 8, 2011).

Southeastern Association of Law Schools Annual Meeting, Restitution Revival – The Restatement (Third) of Restitution and Unjust Enrichment, Panelist (August 3, 2010).

First Annual D.C. Student Networking & Leadership Summit, Moderator (September 25, 2010).

UNLV School of Law Spring Conference on Contracts, Morality and Contract Law: Opportunistic Breach of Contract, Restitutionary Disgorgement, Efficient Breach, and Promise Keeping, Panelist (February 27, 2010).

American Association of Law Schools Conference, Remedies in Times of Economic Crisis and Financial Scandal, Moderator (January 8, 2010).

Intellectual Property Remedies Forum, Lewis & Clark Law School, Unjust Enrichment Remedies in Patent Law, Panelist (October 2, 2009).

University of Aix-Marseille, Aix-en-Provence, France, Rights, Remedies, & Habeas Corpus – Legally Free but Actually Imprisoned, Invited Discussant and Paper Presenter, Sixth Remedies Discussion Forum (June 5-6, 2009).

Seattle Law Review Symposium, Seattle University School of Law, Asymmetric World Jurisprudence, Panelist (April 16, 2009).

Faculty Colloquium, Seattle University School of Law, Restitutionary Disgorgement as a Moral Compass of Breach of Contract (April 16, 2009).

West Virginia Law Review Symposium, Digital Entrepreneurship: Incentives and Legal Risks, The Faces of Digital Entrepreneurship, Panel Moderator (March 27, 2009).

Faculty Colloquium, St. Mary’s University School of Law, Alternative Judicial Visions – Asymmetric World Jurisprudence (March 16, 2009).

Faculty Colloquium, Capital University Law School, Restitutionary Disgorgement as a Moral Compass of Breach of Contract (March 5, 2009).

West Virginia University College of Law Symposium, The Evolution of Street Knowledge:
Hip Hop’s Influence on Law and Culture, Stepping to the Mic: Hip Hop’s Expanding Voice in Social and Political Discourse, Panel Moderator (February 13, 2009).

Constitution Day Celebration, West Virginia University College of Law, Comparative Perspectives—Pakistani Lawyers’ Movement Defending the Rule of Law and Justice, Presenter (September 17, 2009).

Southeastern Association of Law Schools Annual Meeting, Alternative Visions of the Judicial Role, Invited Paper Presenter (July 29, 2008).

Jackson Kelly PLLC, Restitutionary Disgorgement for Opportunistic Breach of Contract, Presenter (June 17, 2008).

A Queer Definition of Equality: Exploring Major Issues in Sexual Orientation & the Law, Washington
& Lee University School of Law, Federalism and Same-Sex Marriage, Invited Commentator (February 29, 2008).

Roundtable on Restitution and Unjust Enrichment in North America, Washington & Lee University School of Law, A Commonwealth of Perspective on Restitutionary Disgorgement for Breach of Contract, Invited Speaker (December 14, 2007).

Second International Symposium on the Law of Remedies, Auckland, New Zealand, When Compensation Is Just Not Enough, Panel Moderator (November 16, 2007).