Caprice L. Roberts

Biography

Caprice L. Roberts joined LSU Law faculty in the Fall 2022 semester as a tenured full professor. She teaches Constitutional Law, Federal Courts, and Remedies. She came to LSU Law from the George Washington University Law School, where she was a Visiting Professor of Law. She has also taught Contracts, Legislation & Regulation, Property, Jurisprudence, and a seminar in Judicial Power & Restraint—a unifying theme of her scholarship. She recently served as Special Attorney to the United States Senate Judiciary Committee. Her op-ed on Brett Kavanaugh’s Supreme Court confirmation hearing appeared in The Washington Post. Her works have appeared in prominent journals such as: Florida, Cincinnati, Maryland, Washington & Lee, Villanova, Tennessee, Rutgers, Marquette, Lewis & Clark, Louisville, and Seattle. The United States Supreme Court has frequently cited Professor Roberts’s work including her law review articles and Remedies treatise.

Throughout her academic career, Professor Roberts has devoted scholarly and teaching attention to proper judicial role and the advancement of the law of remedies. She recently completed the new edition of the seminal treatise Dobbs & Roberts’s Law of Remedies and has published the ninth edition of a leading Remedies casebook with Doug Rendleman, as well as a coauthored casebook in Federal Courts with Michael Allen and Michael Finch. She has won several awards for her teaching and publications. Professor Roberts is an elected member of the American Law Institute and serves as an Adviser on Tort Remedies, and previously served on the Consultative Group for the Restatement (Third) of Restitution and Unjust Enrichment. She has served as Chair of the AALS Remedies Section and currently serves as the Deputy Executive Director and Vice-Chair of Programming for the Southeastern Association of Law Schools. She is a Remedies Section Editor for JOTWELL and periodic guest blogger at PrawfsBlawg.

She started her academic career at West Virginia University College of Law, where she earned tenure, rose to full professor, and eventually served as Associate Dean of Faculty Research & Development. She also has taught at the University of Florida Levin College of Law, Washington & Lee University School of Law, Florida State University College of Law, University of North Carolina School of Law, Savannah Law School, and Catholic University Columbus School of Law. Prior to the academy, Professor Roberts clerked for Chief Judge Julia Smith Gibbons of the United States District Court for the Western District of Tennessee and Judge Ronald Lee Gilman of the United States Court of Appeals for the Sixth Circuit. She also practiced complex civil and criminal litigation with Skadden Arps for several years. She received her J.D. magna cum laude from Washington & Lee University, where she was lead articles editor and named to the Order of the Coif. She obtained her B.A. in political theory from Rhodes College.

Selected Publications

• First Amendment Remedies (with Ronald J. Krotoszynski), work-in-progress (2022)
• Statutory Interpretation & Agency Disgorgement Power, work-in-progress (2021)
• The Lost Art and Science of Restitution, work-in-progress (2020)
• Disgorging Emoluments, 103 MARQUETTE L. REV. 1 (2019)
• Remedies, Equity & Erie, 52 AKRON L. REV. 493 (2018)
• Unpopular Opinions on Legal Scholarship, 50 LOY. U. CHI. L.J. 101 (2018)
• SEALS Advancing Scholarship, 86 UMKC L. Rev. 583 (2018)
• Supreme Disgorgement, 68 FLORIDA L. REV. 1413 (2016)
• Remedies, Race & Civil Rights in the Old South, 2 SAVANNAH L. REV. 73 (2015)
• Remedies Unified in Nine Verses, 74 MARYLAND L. REV. 199 (2015) (Lead Article)
• Is Profiting from the Online Use of Another’s Property Unjust?, 53 IDEA 131 (2013) (coauthors), selected for the INTELLECTUAL PROPERTY L. REV. (West 2014)
• Teaching Remedies from Theory to Practice, 57 SAINT LOUIS U. L.J. 713 (2013)
• Discretion and Deference in Senate Consideration of Judicial Nominations, 51 U. LOUISVILLE L. REV. 1 (2012) (Lead Article)
• The Restitution Revival and the Ghosts of Equity, 68 WASH. & LEE L. REV. 1027 (2011)
• The Case for Restitution and Unjust Enrichment Remedies in Patent Law, 14 LEWIS & CLARK L. REV. 653 (2010), selected for Intellectual Property Law Review (West 2011)
• 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)
• Asymmetric World Jurisprudence, 32 SEATTLE L. REV. 569 (2009)
• Restitutionary Disgorgement as a Moral Compass of Breach of Contract, 77 U. CIN. L. REV. 991 (2009)
• A Commonwealth of Perspective on Restitutionary Disgorgement for Breach of Contract, 65 WASH. & LEE L. REV. 945 (2008)
• Restitutionary Disgorgement for Opportunistic Breach of Contract and Mitigation of Damages, 42 LOY. L.A. L. REV. 131 (2008)
• “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)
• Ratios, (Ir)rationality & Civil Rights Punitive Awards, 39 AKRON L. REV. 1019 (2006), reprinted in Punitive Damages: New Dimensions (Bhavani ed., Icfai Univ. Press 2008)
• Jurisdiction Stripping in Three Acts—A Three-String Serenade, 51 VILL. L. REV. 593 (2006)
• The Fox Guarding the Henhouse?: Recusal and the Procedural Void in the Court of Last Resort, 57 RUTGERS L. REV. 107 (2004)
• 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)

Selected Books

• Law of Remedies: Damages—Equity—Restitution, Hornbook Series (with Dan B. Dobbs) (West 3d ed. 2018)
• Remedies: Cases and Materials (with Doug Rendleman) (West Group, 8th ed. 2011 & 9th ed. 2018) (with accompanying Teacher’s Manual)
• Federal Courts: Context, Cases, and Problems (with Michael P. Allen & Michael Finch) (Aspen Publishers, Inc. 2009 & 2d ed. 2014 & 3d ed. 2019) (with accompanying Teacher’s Manual)