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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 …
Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande
Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande
All Faculty Scholarship
This Article will show that antitrust violations do not actually give rise to "treble" damages. When viewed correctly, antitrust damages awards are approximately equal to, or are in fact less than, the actual damages caused by antitrust violations.
The article demonstrates this by analyzing the relatively quantifiable harms from antitrust violations, modeling the issues under both deterrence and compensation frameworks. It calculates rough estimates of those factors that affect the magnitude of the antitrust damages multiplier actually awarded. These adjustments to the "treble" damages multiplier arise from: (1) the lack of prejudgment interest; (2) the effects of the statute of …