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Legal Theory

Dec 19, 2016 | By Luff Law Firm | Read Time: 2 minutes | Legal Theory

Deterrence in Personal Injury Cases

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. When a person sustains a loss as a result of another’s wrongful conduct, that person is entitled to damages in an amount sufficient to compensate the injured person for that loss. When the wrongful...Read More

Feb 15, 2016 | By Luff Law Firm | Read Time: 2 minutes | Legal Theory

Judicial Legitimacy

I have been thinking and writing about judicial legitimacy for a number of years. There once was a time when the legitimacy of courts and the rule of law were closely related. Observance of the rule of law was a necessary and possibly even a sufficient condition for judicial legitimacy; a court was legitimate if it served to uphold the rule of...Read More