Candace Kovacic-Fleischer

Professor of Law Emeritus

Office: Room Y308
Phone: 202-274-4218
Email: vCard

Candace Saari Kovacic-Fleischer has taught at the Washington College of Law of American University since 1981 (with the exception of a visiting professorship at the University of California at Los Angeles School of Law in 1988). She became a Professor, Emerita in 2013, but remains active. At Washington College of Law, Professor Kovacic-Fleischer’s teaching has been rewarded with the University Faculty Award for Outstanding Teaching in 1987 and the Part-time Student Award for Outstanding Teaching in 1994. Her fields of teaching and scholarship include Contracts, Remedies, Restitution, Sex-based Discrimination, and Work, Family and Equality. She co-authored Equitable Remedies, Restitution and Damages (5th ed., 1994; 6th ed., 2000; 7th ed., 2005, 8th ed., 2011). The 7th and 8th eds. won WCL’s Egon Guttman Casebook Award.

Three articles, “Litigating Against Employment Penalties for Pregnancy, Breastfeeding and Childcare,” in Villanova Law Review (1999), “United States v. Virginia’s New Gender Equal Protection Analysis with Ramifications for Pregnancy, Parenting, and Title VII,” in Vanderbilt Law Review (1997), and “Applying Restitution to Remedy a Discriminatory Denial of Partnership,” in Syracuse Law Review (1983), won Washington College of Law’s Pauline Ruyle Moore Scholar award for excellence in their year of publication. Forthcoming are a textbook, Work, Parenting and Inequality: Laws from 1890 to Present (Carolina Academic Press) and an article “Food Stamps, Unjust Enrichment and Minimum Wage” (Law and Inequality, A Journal of Theory and Practice). In addition, she has published a number of articles, including “Remedies Reveals the “’Seamless Web,’” 57 Saint Louis University Law Journal 651 (Spring 2013) and “Cohabitation and the Restatement (Third) of Restitution and Unjust Enrichment,” 68 Washington and Lee Law Review 1407 (Fall, 2011).

Professor Kovacic-Fleischer also contributed to The Encyclopedia of American Civil Liberties (2006), The Oxford Companion to American Law (2002), The Encyclopedia of the American Constitution (2000), and Matthew Bender’s Commercial Damages (1988, updated through 1996). She is a member of the American Law Institute and was a member of its Consultative Groups for the Restatement of the Law, Third, Restitution and Unjust Enrichment and the Restatement of the Law, Employment Law. In the past, she has served as a court appointed mediator for the U.S. Court of Appeals for the District of Columbia Circuit and as Chair of the Remedies Section of the Association of American Law Schools.

Before joining the faculty of Washington College of Law, Professor Kovacic-Fleischer served as law clerk for The Honorable Warren E. Burger, Chief Justice of the United States Supreme Court, and for the Honorable James L. Oakes, Judge of the United States Court of Appeals for the Second Circuit. She practiced law in Washington, D.C. as an associate of Cole and Groner and Wilmer, Cutler, and Pickering. Her degrees are an A.B. from Wellesley College, and J.D. from Northeastern University School of Law. Prior to law school she worked as a consultant for Abt Associates in Cambridge, Massachusetts.

Currently Teaching

Areas of Specialization

  • Contracts
  • Gender and the Law
  • Remedies
  • Socio-Economics

Degrees & Universities

  • J.D., Northeastern University School of Law 1974
  • A.B., Wellesley College 1969

  • Selected Publications

    • + More Publications...

    • Candace Kovacic-Fleischer, Book Review, Pregnant Pause: An International Legal Analysis of Maternity Discrimination by Ann-Marie Mooney Cotter, 37 Intl. J. Sociology of the Family 176 (Spring 2011).
    • Candace Kovacic-Fleischer, Maternity Leave Laws in the United States in the Light of European Legislation, in The Internationalization of Law and Legal Education (Ius Gentium: Comparative Perspectives on Law and Justice), 129 (J. Klabbers & M. Sellers, eds., Springer Science & Business Media B.V. 2009). SSRN Link
    • Candace Kovacic-Fleischer, Quantum Meruit and the Restatement (Third) of Restitution and Unjust Enrichment, 27 Rev. Litig. 127 (Fall 2007). SSRN Link
    • Candace Kovacic-Fleischer, Defamation & Free Speech, The Encyclopedia of American Civil Liberties (Finkelman, ed., Taylor & Francis 2006).
    • Candace Kovacic-Fleischer, Comparing Remedies for School Desegregation and Employment Discrimination: Can Employers Now Help Schools,, 41 S.D. L. Rev 1695 (Fall 2004).
    • Candace Kovacic-Fleischer, Restitution in Public Concern Cases, 36 Loy. L.A. L. Rev. 901 (Winter 2003).
    • Candace Kovacic-Fleischer, United States v. VMI, The Encyclopedia of the American Constitution (Williams Levy, et. al., 2d ed., MacMillan Press June 2002).
    • Candace Kovacic-Fleischer, Remedies: Legal and Equitable, in The Oxford Companion to American Law (Kermit L. Hall, ed., Oxford U. Press May 2002).
    • Candace Kovacic-Fleischer, Teaching Restitution, 39 Brandeis L.J. 657 (Spring 2001).
    • Candace Kovacic-Fleischer, Litigating Against Employment Penalties for Pregnancy, Breastfeeding and Childcare, 44 Vill. L. Rev. 355 (1999).
    • Candace Kovacic-Fleischer, “Chapter 9 - Contractual Limitations of Liability”; “Chapter 9A - Agreed Remedies Contractual Clauses Dealing with Monetary Relief”; “Chapter 10 - Remedies in Quantum Meruit”; “Chapter 15 - Agreed Remedies: Contractual Clauses Dealing with Specific Relief”; “Chapter 17 - Private Civil Remedies Under RICO,”, in Commercial Damages (Matthew Bender & Co., Inc. 1997).
    • Candace Kovacic-Fleischer, The Remedial Problems of Stallone v. United States and Jenkins v. Missouri, 24 Urban Law. 621 (1992).
    • Candace Kovacic-Fleischer, Proving Discrimination after Price Waterhouse and Wards Cove: Semantics as Substance, 39 Am. U. L. Rev. 615 (1990).
    • Candace Kovacic-Fleischer, Remedying Underinclusive Statutes, 33 Wayne L. Rev. 39 (1986).
    • Candace Kovacic-Fleischer, A Proposal to Simplify Quantum Meruit Litigation, 35 Am. U. L. Rev. 547 (1986).
  • + Selected Works in Progress

    • Candace Kovacic-Fleischer, Work, Family, & Inequality: Laws from 1890 to Present, A Text (Carolina Academic Press forthcoming).
  • + Selected Presentations

    • Candace Kovacic-Fleischer, Panelist, Remedies Provisions of the New Restatement Restitution (AALS Annual Meeting, Wash., D.C., Jan. 3, 2007).
    • Candace Kovacic-Fleischer, Chair, Pushing the Envelope (Working Time, Discrimination and the Law: The Family Responsive Workplace in Europe and the United States, Friedrich Ebert Foundation & American University Washington College of Law, Wash., D.C., Mar. 21-22, 2005).
    • Candace Kovacic-Fleischer, Paper Presentation, Restitution in Public Concern Cases (Second Remedies Forum, Brandeis Sch. L. at the U. of Louisville & Wash. & Lee U. L. Sch., Roanoke, Va., Apr. 26-27, 2002).
    • Candace Kovacic-Fleischer, Paper Presentation, Teaching Restitution (Remedies Discussion Forum, Brandeis School of Law at Unviersity of Louisville & Vanderbilt University School of Law, Apr. 7, 2000).
    • Candace Kovacic-Fleischer, Panelist, The Parenting Trap: Strategies for Balancing Work and Family (Gender, Work & Family Project and Women’s Law Association, Mar. 22, 1999).
    • Candace Kovacic-Fleischer, Speaker & Panelist, Litigating Work and Family Conflicts (Villanova Law Review Symposion: Still Hostile after All These Years: Gender, Work & Family Revisited, Villanova, Pa., Nov. 7, 1998).
    • Candace Kovacic-Fleischer, Co-Moderator, Yonkers, Kansas City and Beyond: Necessary and Appropriate Remedies or Federal Court Intrusions in Local Government Decisions? (Symposium of Remedies Section and Urban, State, and Local Government Law Section of the American Association of American Law Schools, Jan. 1991).
    • Candace Kovacic-Fleischer, Speaker & Panelist, Just How Far Have We Come? (Virginia State Bar Annual Meeting: Making Partner in the Eighties, June 16, 1984).
  • + Selected Media Appearances