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The Future Of Fair Housing Litigation, Robert G. Schwemm
The Future Of Fair Housing Litigation, Robert G. Schwemm
Law Faculty Scholarly Articles
This article is a revised version of the keynote address I gave at a conference entitled "Where is Fair Housing Headed in This Decade?" sponsored by The John Marshall Law School in the Fall of 1992. As its title implies, the conference focused on the future of fair housing, and my address dealt with certain developments that I felt were not only observable in the early years of the 1990s, but were also likely to be important in the remaining years of this decade.
Many of these developments—such as the growing role of the federal government in fair housing enforcement …
Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm
Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm
Law Faculty Scholarly Articles
The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.
Rarely is the basis for the amount of the court's award satisfactorily …