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Luff Law Firm, PLLC
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Luff Law Firm, PLLC's posts

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The twin purposes of tort law are compensation on the one hand and deterrence of future wrongdoing on the other.

Yet in Texas, the law of damages gives deterrence a back seat.

https://www.lufflaw.com/2016/12/deterrence-personal-injury/

What blame do state bar associations share for the public defender crisis in the United States, and what should they be doing about it?
https://www.lufflaw.com/2016/03/public-defender-crisis/

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In the past, the rule of law was protected through the proper application of procedure, thus ensuring the proper conditions for judicial legitimacy.

Once people realized that law did little to constrain judicial behavior, there was a paradigm shift in what made judicial decisionmaking legitimate. It became clear that judicial legitimacy was about substantive outcomes, not the ability to process a set of facts through a static set of laws via the proper procedure.

https://www.lufflaw.com/2016/02/judicial-legitimacy/

Join us in congratulating our firm's founder, Patrick Luff, who was elected this week to the Board of Directors of the Texas Trial Lawyers Association.

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Come by and see our new office in the Broadway Bank building!
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2015-09-04
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When does jeopardy attach for the purposes of the Fifth Amendment? At first blush, the answer would appear to be clear. But a closer look reveals otherwise. See my latest blog post to find out more.

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See my website for part 2 of my discussion of U.S. Court of Appeals Judge Alex Kozinski's recent law review article on the criminal justice system.
https://www.lufflaw.com/2015/07/kozinski-on-criminal-justice-part-2/

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See my recent blog post on Judge Alex Kozinski's insightful and disturbing observations on the state of the criminal justice system. The conclusion is simple: if we persist in perpetuating the basic but erroneous presumptions about which Judge Kozinski writes, then we must also face the uncomfortable fact that we have failed to live up to our basic beliefs about who we are as a country.

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See my short commentary on the problematic presumptions in Fourth Amendment law as it relates to citizen-police encounters at https://www.lufflaw.com/2015/07/presumption-problems-in-consensual-encounters/

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Yesterday, Texas Attorney General Ken Paxton issued an opinion arguing that state officials are not required to issue marriage licenses to same-sex couples if their religious beliefs preclude them from doing so. The problem is that aside from a conclusory invocation of the First Amendment, the apparent source of the religious exemption is the Religious Freedom Restoration Act. As every student learns on the first day of constitutional law, however, constitutional provisions trump statutory ones. If Texas cities follow this advice, they open themselves up to punitive damages under federal civil rights law. Expect more developments on this one.
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