Curriculum Vitae ACADEMIC APPOINTMENTS. Washington & Lee University School of Law, Lexington, Virginia

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1 Curriculum Vitae CAPRICE L. ROBERTS Visiting Professor of Law Washington & Lee University School of Law Lewis Hall 4006 Lexington, Virginia ACADEMIC APPOINTMENTS Washington & Lee University School of Law, Lexington, Virginia Visiting Professor of Law (Fall 2007), teaching Contracts. Contracts (5.5 hours), incorporating legal method and writing component. Topics include remedies, formation, defenses, conditions, and conduct concluding bargains. University of North Carolina School of Law, Chapel Hill, North Carolina Visiting Associate Professor of Law (Summer 2007), teaching Remedies. Remedies. Topics include money damages, limitations on damages, injunctions, contempt, unjust enrichment, and employment remedies. Course incorporates exploration of national debates regarding tort reform, structural injunctions, and slavery reparations. West Virginia University College of Law, Morgantown, West Virginia Professor of Law (August 2007-present); Associate Professor of Law ( ), teaching courses in Contracts, Remedies, Postmodern Jurisprudence, and a seminar in Judicial Power & Restraint. Contracts. Topics include remedies, formation, defenses, conditions, and conduct concluding bargains. Judicial Power & Restraint. Topics in this self-created seminar course include the judiciary s role, image, and restraints (both external and internal) through exploration of federalism, federal courts, and separation of powers.

2 Postmodern Jurisprudence. Topics range from traditional jurisprudence (natural law, positive law and realism) to postmodern theories including: law and economics, law and literature, critical legal theory, feminism, critical race theory, critical gay theory, therapeutic jurisprudence, and law and popular culture. Remedies. Topics include money damages, limitations on damages, injunctions, contempt, unjust enrichment, and employment remedies. Course incorporates exploration of national debates regarding tort reform, structural injunctions, and slavery reparations. Pretrial Litigation (Spring 2004). The course stressed strategic planning, written work product, oral advocacy, ethics, client relationships, and the exercise of judgment. Students handled a simulated matter from inception, including file intake and management, factual investigations, legal correspondence, witness interviews, document productions, depositions, and motions. Brazilian Law, Business & Politics Program (in connection with West Virginia University College of Law), Gertúlio Vargas Foundation, Rio de Janeiro, Brazil, and the University of Vila Velha, Vitória, Brazil Professor of Law (Summer 2006), taught seminars and lectures in Comparative Role of Judges, Comparative Jurisprudence, Jurisdiction Stripping and Judicial Independence in the U.S., and Fear of Legal Colonialism. EDUCATION Washington & Lee University School of Law, Lexington, Virginia Juris Doctor, magna cum laude (Top 10%), 1997 Honors & Activities: Order of the Coif; Washington & Lee Law Review, Lead Articles Editor; Hornbook Award for Highest Scholastic Average in First Year Class; Merit Scholarship; Award for Highest Grade in: Contracts, Advanced Contracts, Property, Remedies; Negotiation Competition, Regional Champion; Phi Alpha Delta. Rhodes College, Memphis, Tennessee Bachelor of Arts, cum laude, 1994 Political Science Major/International Studies Minor 2

3 Honors & Activities: Phi Beta Kappa; Omicron Delta Kappa; 1991 & 1994 National Mock Trial Champion; Justice Abe Fortas Award for Excellence in Legal Studies; Honor Council and Student Government; Volunteer Reader for WYPL Radio Station. American University, Washington, D.C. Washington Semester Program, 1993 Justice & Public Law Semester: Studied criminal and constitutional law; interned with People for the American Way. Oxford University, St. John's College, Oxford, England British Studies Program, Summer 1991 Study of Renaissance Art History and Literature. JUDICIAL CLERKSHIPS Honorable Ronald Lee Gilman, Circuit Judge, United States Court of Appeals for the Sixth Circuit, Honorable Julia Smith Gibbons, then Chief Judge, United States District Court for the Western District of Tennessee, LEGAL PRACTICE EXPERIENCE Skadden, Arps, Slate, Meagher & Flom LLP, Washington, D.C., Associate, Litigation & Government Enforcement Group. Drafted pleadings, discovery, briefs, motions, and research memoranda in disputes involving breach of contract, federal false claims, fair lending laws, and federal securities laws; conducted internal investigations including witness interviews, depositions, and meetings with the FBI, DOJ, and SEC. King & Spalding LLP, Atlanta, Georgia, Summer Associate, 1996 & 1997 Hunton & Williams LLP, Richmond, Virginia, Summer Associate, 1995 & 1996 Harwell, Howard, Hyne, Gabbert & Manner, PC, Nashville, Tennessee, Summer Associate,

4 PUBLICATIONS BOOKS FEDERAL COURTS: CONTEXT, CASES, AND PROBLEMS (with Professors Michael P. Allen and Michael Finch) (Aspen Publishers, Inc., forthcoming 2009) (with accompanying TEACHER S MANUAL). LAW REVIEW ARTICLES Restitutionary Disgorgement as a Moral Compass of Contractual Breach, LOY. L.A. L. REV. (forthcoming 2007) (Invited Contribution to Fifth Remedies Discussion Forum). In Search of Judicial Activism: Dangers in Quantifying the Qualitative, 74 TENN. L. REV. (forthcoming 2007) (Presented during the Many Faces of Judicial Activism panel at the Southeastern Association of Law School Annual Meeting in Palm Beach, Florida, July 2006). Ratios, (Ir)rationality & Civil Rights Punitive Awards, 39 AKRON L. REV. 101 (2006) (Invited Contribution to Fourth Remedies Discussion Forum). 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). OTHER WRITINGS White Paper, Legal Analysis of Constitutional Amendment on Marriage, submitted to the United States Senate (June 2, 2006). ACADEMIC LECTURES & PRESENTATIONS The Pending Restatement of Restitution, Invited Paper Presenter, Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida (July 30, 2007) 4

5 Fifth Remedies Discussion Forum, Invited Discussion Participant and Paper Presenter (Damages and Underrated Remedies Decision Topic), Emory School of Law, Atlanta, Georgia (May 29-30, 2007) The Court, the Constitution, and the History of Ideas, Commenter on Professor Scott Gerber s Article, Ohio Legal Scholarship Workshop, Columbus, Ohio (January 27, 2007) Attacks on Our Courts: Justice O Connor s Warning, Invited Panelist, Hosted by The Center for American Progress, The American Constitution Society for Law and Policy, and the Human Rights Campaign Foundation, Washington, D.C. (November 15, 2006) A Dialogue: Threats to Judicial Independence, Presenter, Constitution Day Celebration, West Virginia University College of Law (September 18, 2006) The Many Faces of Judicial Activism, Paper Presenter ( In Search of Judicial Activism ), Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida (July 17, 2006) Roadmap for Continued Collaboration in the Brave New World, Panel Moderator, West Virginia Law Review Symposium, Brave New World Developing the Legal Frontier in Light of Forensic and Biometric Advances, West Virginia University College of Law (March 28, 2006) West Virginia Law Review Symposium, Brave New World Developing the Legal Frontier in Light of Forensic and Biometric Advances, Originator and Faculty Organizer, West Virginia University College of Law (March 27-28, 2006) Judicial Confirmation Wars and the Future of the Supreme Court, Discussion Panelist, 19 th Institute on the Profession of Law, Rhodes College, Memphis, Tennessee (February 23-24, 2006) Fourth Remedies Discussion Forum, Discussion Participant and Paper Presenter ( Ratios, (Ir)rationality & Civil Rights Punitive Awards ), Louis D. Brandeis School of Law, Louisville, Kentucky (November 18-19, 2005) Emerging Trends in Tort Reform, Lecturer, West Virginia Defense Trial Counsel Retreat, Shepherdstown, West Virginia (September 23, 2005) Supreme Court Judicial Nominations Process, Lecturer and Panelist, The Supreme Court: What s at Stake Public Discussion, Monongalia County Courthouse, Morgantown, West Virginia (September 14, 2005) 5

6 Young Scholars Panel, Paper Presenter ( Jurisdiction Stripping in Three Acts A Three String Serenade ), Southeastern Association of Law Schools Annual Meeting, Hilton Head, South Carolina (July 19, 2005) Legal Scholarship & Gender Implications, Lecturer, Women s Studies Graduate Group, West Virginia University (March 8, 2005) Faculty Scholarship Presentation, Paper Presenter ( The Fox Guarding the Henhouse?: Recusal and the Procedural Void in the Court of Last Resort ), West Virginia University College of Law (February 16, 2005) Choosing Our Judges: Present & Future, Moderator and Presenter, Judicial Selection Panel, West Virginia University College of Law (January 19, 2005) Ramifications of the Patriot Act, Discussion Moderator, West Virginia University College of Law (November 13, 2003) SCHOLARSHIP, TEACHING & SERVICE AWARDS Significant Scholarship Award, West Virginia University College of Law (2007) Significant Scholarship Award, West Virginia University College of Law (2006) Outstanding Faculty Contribution, Vol. 108, West Virginia Law Review (2006) Outstanding Faculty Contribution, Vol. 107, West Virginia Law Review (2005) Professor of the Year, West Virginia University College of Law ( ) ONGOING COMMUNITY & ACADEMIC SERVICE United States Court of Appeals for the Fourth Circuit, Rules Advisory Committee Member (2007-present) American Association of Law Schools, Remedies Section, Executive Committee Member (2007-present) Southeastern Association of Law Schools, Mentor Committee Member (2007- present) Southeastern Association of Law Schools, Program Committee Member (2007- present) 6

7 Southeastern Association of Law Schools, New Scholars Committee Member ( ) Computer-Assisted Legal Instruction ( CALI ), Editorial Board Member, focus on Contracts and Remedies ( ) West Virginia University College of Law Committees Appointments Committee Member ( ) Strategic Planning Committee Member ( ) Academic Planning Committee Member ( ) Student Evaluations Ad Hoc Committee Member ( ) Judicial Externship Ad Hoc Committee Member ( ) Peer Assessment Ad Hoc Committee Member (2006) Marketing Committee ( ) West Virginia University, Academic Integrity Committee, Discovery Subcommittee Chair (2006) West Virginia University College of Law Student Organizations Democratic Law Caucus, Faculty Advisor ( ) American Constitution Society, Faculty Liaison ( ) Judicial Board of Appeals, Faculty Advisor ( ) Mountain State Bar Association (West Virginia s minority bar association), CLE Committee Member ( ) COMMUNITY & ACADEMIC SERVICE EVENTS West Virginia University College of Law Moot Court Team, Coach for National Juvenile Law Moot Court Competition (January-February 2007) Legal Methodology and Kelo v. City of New London, Discussion Facilitator, West Virginia University College of Law Orientation (August 17, 2006) Information on Judicial Clerkships for Prospective Applicants, Panelist, West Virginia University College of Law (April 5, 2006) West Virginia University College of Law Moot Court Team, Appellate Brief Judge (February 2006) 7

8 Effective Exam Techniques, Panelist, Black Law Student Association (November 30, 2005) Faculty Focus Group Participant regarding Institutional Advancement, West Virginia University (November 3, 2005) Legal Methodology and Kelo v. City of New London, Discussion Facilitator, West Virginia University College of Law Orientation (August 18, 2005) Speaker Invitations Working Group, Participant in Strategy Session for University Speakers, West Virginia University (June 13, 2005) Bar Examination Nuisance Remedies Essay Question & Model Answer, Drafter, California Bar Examiners (Spring 2005) Effective Exam Techniques, Panelist, West Virginia University College of Law (November 15, 2004) History Degree as Preparation for Professional School, Lecturer, West Virginia University History Department (September 8, 2004) Lawyer in the Public Discourse, Keynote Commencement Speaker, Graduation Hooding Ceremony, West Virginia University College of Law (May 15, 2004) Information on Judicial Clerkships for Prospective Applicants, Panelist, West Virginia University College of Law (March 22, 2004) Public Interest Association Auction, Auctioneer, West Virginia University College of Law (March 4, 2004) High School Minority Law Day, Mock Trial Defense Team Mentor, West Virginia University College of Law (February 26, 2004) Effective Exam Techniques, Panelist, West Virginia University College of Law (November 13, 2003) Summer Jobs Outside of West Virginia, Panelist, West Virginia University College of Law (August 20, 2003) Public Interest Association Auction, Auctioneer, West Virginia University College of Law (March 6, 2003) 8

9 West Virginia University College of Law Moot Court Team, Judge (November 7, 2002) MEDIA APPEARANCES Featured in Washington & Lee School of Law Magazine, Back to School, by Lori Stevens (Fall 2006) Interviewed by Channel 5 TV regarding Constitution Day Observance (September 18, 2006) Interviewed by the Observer-Reporter regarding the nomination of Harriet Miers as Associate Justice of the United States Supreme Court (October 3, 2005) Interviewed by Channel 5 TV and WVAQ Radio regarding confirmation of John Roberts as Chief Justice of the United States Supreme Court (September 23, 2005) Interviewed by West Virginia Public Radio regarding judicial selection reform (October 26, 2004) BAR & COURT ADMISSIONS United States Court of Appeals for the Fourth Circuit (2007) District of Columbia (2000) Tennessee (1998) Georgia (1998) United States Court of Appeals for the Sixth Circuit (1998) American Bar Association American Constitution Society Phi Alpha Delta PROFESSIONAL ORGANIZATIONS ADDITIONAL TEACHING INTERESTS Federal Courts, Jurisprudence, Constitutional Law, Civil Rights Actions, Government Contracts Available upon request. REFERENCES 9