Professor of Law Emeritus
Office: Room Y308
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). 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 current fields of teaching and scholarship include Contracts, Remedies, Restitution, Sex-based Discrimination, and Work, Family and Equality. Most recently, she co-authored Equitable Remedies, Restitution and Damages (5th ed., 1994; 6th ed., 2000; 7th ed., 2005). The 7th ed. 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. In addition, she has published a number of articles, including “Comparing Remedies for School Desegregation and Employment Discrimination: Can Employers Now Help Schools?” in San Diego Law Review (Fall 2004), “Restitution in Public Concern Cases,” Loyola of Los Angeles Law Review (Winter 2003), and “Teaching Restitution,” in Brandeis Law Review (Spring 2001).
She also contributed to compilations including The Oxford Companion to American Law (2002), The Encyclopedia of the American Constitution (2000), Commercial Damages (1988, updated through 1996), and most recently, to The Encyclopedia of American Civil Liberties (2006). Professor Kovacic-Fleischer is currently active in the American Law Institute as part of the Restatement of the Law, Third — Restitution & Unjust Enrichment Consultative Group. In the past, she has served as a court appointed mediator for the U.S. Court of Appeals for the District of Columbia Circuit. She also has served 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. She worked as a consultant for Abt Associates in Cambridge, Massachusetts for two years between college and law school.
- LAW-504-001 Contracts
Areas of Specialization
- Gender and the Law
Degrees & Universities
- J.D., Northeastern University School of Law 1974
- A.B., Wellesley College 1969
- Candace Kovacic-Fleischer, Leavell, Love, & Nelson, Equtiable Remedies, Restitution and Damages (7th ed., West Publg. Co. 2005).
- Candace Kovacic-Fleischer, United States. v. Virginia New Gender Equal Protection Analysis with Ramifications for Pregnancy, Parenting and Title VII, 50 Vand. L. Rev. 845 (1997).
- Candace Kovacic-Fleischer, A Proposal to Simplify Quantum Meruit Litigation, 35 Am. U. L. Rev. 547 (1986).
- Candace Kovacic-Fleischer, Applying Restitution to Remedy a Discriminatory Denial of Partnership, 34 Syracuse L. Rev. 743 (1983).
- 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).
Selected Works in Progress
- Candace Kovacic-Fleischer, The Restatement (Third) of Restitution Reforms Quantum Meruit ( forthcoming 2007).
- Candace Kovacic-Fleischer, Work, Family, & Equality ( forthcoming).
- 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
- Baltimore Daily Record, "Pregnancy Discrimination Claims on the Rise in the U.S." (Baltimore Daily Record Mar. 14, 2010) (Interview).
- CNN International, "Ninth Circuit Opinion About Dukes v. Walmart" (CNN 2007) (Television Program).
- CSPAN's Presentation of U.S. Court of Appeals for the Second Circuit's en banc Oral Argument in Fisher v. Vassar College (CSPAN Aug. 8, 1997) (Television Program).