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Robert G. Schwemm

university of kentucky college of law professor bob schwemm

Ashland-Spears Distinguished Research Professor of Law and Everett H. Metcalf, Jr. Professor of Law

218 Mandrell Hall

schwemmr@uky.edu

(859) 257-6013

Department

Robert G. Schwemm is the Ashland-Spears Distinguished Research Professor and Everett H. Metcalf, Jr Professor of Law at the University of Kentucky College of Law. Prior to becoming a law professor, Professor Schwemm practiced with Sidley & Austin in Washington, D.C., and then served as chief trial counsel for the Leadership Council for Metropolitan Open Communities in Chicago, Illinois. He is a graduate of Amherst College and the Harvard Law School. Professor Schwemm teaches civil procedure, constitutional law, and civil rights.

His publications include a treatise entitled Housing Discrimination: Law and Litigation and numerous articles in leading law reviews throughout the country. His litigation experience includes three cases before the U.S. Supreme Court. Prof. Schwemm also served as Acting Dean of the College of Law in 1998-99.

Education

  • B.A., magna cum laude, Amherst College (1967) 
  • J.D., cum laude, Harvard Law School (1970)

Books & Book Chapters

  • Housing Discrimination: Law and Litigation (Thomson West 1990, revised 2001) (updated annually 2002-2016).
  • The Limits of Litigation in Fulfilling the Fair Housing Act’s Promise of Non- Discriminatory Home Loans, in Chester Hartman & Gregary D. Squires, eds., From Foreclosure to Fair Lending: Advocacy, Organizing, Occupy, and the Pursuit of Equitable Credit (New Village Press 2013).
  • The Fair Housing Act After Twenty Years (Yale Law School 1989) (editor).
  • Housing Discrimination Law (Bureau of National Affairs 1983 & Supp. 1986). 

Scholarly Articles

Scholarship is available for download at Robert G. Schwemm's SelectedWorks page.

  • Proving Disparate Impact in Fair Housing Cases After Inclusive Communities, 19 N.Y.U. J. Legis. & Pub. Pol'y 685 (2016) (with Calvin Bradford).
  • Fair Housing Litigation After Inclusive Communities: What's New and What's Not, 115 Columbia L. Rev. Sidebar 106 (2015), http://columbialawreview.org/content/fair-housing-litigation-after-inclusive-communities-whats-new-and-whats-not/.
  • Overcoming Structural Barriers to Integrated Housing: A Back-to-the-Future Reflection on the Fair Housing Act's "Affirmatively Further" Mandate, 100 Ky. L.J. 125 (2012).
  • Neighbor-on-Neighbor Harassment: Does the Fair Housing Act Make a Federal Case Out of It?, 61 Case W. Res. L. Rev. 865 (2011).
  • Discretionary Pricing, Mortgage Discrimination, and the Fair Housing Act, 45 Harv. C.R.- C.L. L. Rev. 375 (2010) (with Jeffrey L. Taren).
  • RStrader v. Graham: Kentucky’s Contribution to National Slavery Litigation and the Dred Scott Decision, 97 Ky. L.J. 353 (2009).
  • Cox, Halprin, and Discriminatory Municipal Services Under the Fair Housing Act, 41 Ind. L. Rev. 717 (2008).
  • Why Do Landlords Still Discriminate (and What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007).
  • Barriers to Accessible Housing: Enforcement Issues in “Design and Construction” Cases under the Fair Housing Act, 40 U. Rich. L. Rev 753 (2006).
  • For the Rest of Their Lives: Seniors and the Fair Housing Act, 90 Iowa Law Review 121 (2004) (with Michael Allen).
  • A New Look at Sexual Harassment under the Fair Housing Act: The Forgotten Role of §3604(c), 2002 Wis. L. Rev. 771 (2002) (with Rigel C. Oliveri).
  • Discriminatory Housing Statements and §3604(c): A New Look at the Fair Housing Act’s Most Intriguing Provision, 29 Fordham Urb. L.J. 187 (2001).
  • Government Lawyers and Their Private “Clients” Under the Fair Housing Act, 65 Geo. Wash. L. Rev. 329 (1997) (with Eugene Gaetke).
  • Introduction to Mortgage Lending Discrimination Law, 28 J. Marshall L. Rev. 317 (1995).
  • The Future of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993).
  • Private Enforcement and the Fair Housing Act, 6 Yale L. & Pol'y Rev. 375 (1988).
  • Compensatory Damages in Federal Fair Housing Cases, 16 Harv. C. R.-C. L. L. Rev. 83 (1981).
  • Standing to Sue in Fair Housing Cases, 41 Ohio St. L.J. 1 (1980).
  • Discriminatory Effect and the Fair Housing Act, 54 Notre Dame L. Rev. 199 (1978).
  • From Washington to Arlington Heights and Beyond: Discriminatory Purpose in Equal Protection Litigation, 1977 U. Ill. L.F. 961 (1977).

Popular Media

September 26, 2016
By: Whitney Harder

In a final rule formalizing new protections under the Fair Housing Act for sexual and other forms of harassment in housing, a paper by University of Kentucky College of Law Professor Robert Schwemm is cited by the U.S. Department of Housing and Urban Development.

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Professor Robert G. Schwemm, the Ashland-Spears Distinguished Research Professor and William L. Matthews, Jr. Professor of Law at the University of Kentucky College of Law, was recently interviewed by Carl Nathe, “The Voice of the Wildcats.”

November 24, 2015

Professor Robert G. Schwemm, the Ashland-Spears Distinguished Research Professor and William L. Matthews, Jr. Professor of Law at the University of Kentucky College of Law, was recently interviewed by Carl Nathe, “The Voice of the Wildcats.” Professor Schwemm’s interview was featured in the “UK at the Half” segment during the UK vs. Vanderbilt football game on Saturday, November 14. The segment can be accessed below:

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university of kentucky college of law professor bob schwemm was quoted in the NY Times regarding the Fair Housing Act

Robert G. Schwemm, the Ashland-Spears Distinguished Research Professor of Law and William L. Matthews, Jr. Professor of Law, was quoted in a NY Times article regarding the Fair Housing Act. An excerpt from the article, titled “Nazi Past of Long Island Hamlet Persists in a Rule for Home Buyers,” is below:

Robert G. Schwemm, a lawyer who teaches at the University of Kentucky, said enforcement of these kinds of covenants remained an issue, especially in closed communities where few know how homes change hands and where residents want things to remain the same.

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A paper written by Robert G. Schwemm, Ashland-Spears Distinguished Research Professor at the University of Kentucky College of Law, has led to the adoption of final regulations by the Department of Housing and Urban Development (HUD) endorsing use of the “discriminatory effect” standard under the federal Fair Housing Act.

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