Paul Luvera Journal

I’ve often told lawyers at legal seminars how important it is they eliminate pretense and present the real person at all times. Appearances are not determinative of great lawyers. Genuine sincere and honest conduct results in credibility. I was reminded of this in William Barclay commentaries about scripture. He was discussing a passage suggesting the Corinthians had actually taunted Paul about his personal appearance causing Paul to respond. Barclay cites a very early book dating back to about A.D. 200…

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Two recent decisions have limited the rights of whistle blowers. Various laws have been passed in Congress and states to encourage reporting fraud and illegal conduct  as beneficial to the tax payers. Unfortunately, the U.S. Supreme Court has written opinions which limit the effectiveness of the federal laws. The United States Supreme Court, in a six to two vote, has restricted the ability of whistle blowers to share in recoveries under the U.S. False Claims Act. Under the False Claims…

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Niccolo di Bernardo dei Machiavelli was born in Florence in 1469 and became a figure of the Italian Renaissance. His writings included political theory. He wrote a pamphlet The Prince, which he hoped would help him gain influence with the ruling Medici family of Florence. The well known writing has a chapter he entitles: "Cruelty and Compassion: And Whether it is better to be loved than feared, or the reverse." Here is a sampling of his answer. He advises that…

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American poet Emma Lazarus wrote "The New Colossus" and the words appear on the Statue of Liberty. "Give me your tired, your poor, your huddled masses yearning to breath free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me: I lift my lamp beside the golden door." However, the reality is often something quite different in our nation’s immigration courts. Issues dealing with asylum requests, deportation and immigration are largely processed by some two hundred…

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Stephanie Mencimer has written Blocking the Courthouse Door, a book which carefully documents the Republican’s discovery that tort reform is an issue that elects Republicans and closes the court house door to injured people saving business money. Tort reform not only raises millions of dollars from industry seeking to stop lawsuits against them, but at the same time it elects Republicans to office. Republicans discovered that by focusing on tort reform the Democrats were in a conflicted position. If they…

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One of the loudest cries of big business, in their tort reform campaign, is that of limiting the fees of contingent fee tort lawyers. Big business talks about the "greedy trial lawyers" and "outrageous fees" they want to limit to an amount which would effectively close the court house doors to injured citizens. So what about their own salaries? We have seen as common place, big corporations giving a wink and a nod to golden parachutes for departing CEO’s even…

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I reported Senator Trent Lott’s (R-Miss) declaration of war on State Farm Fire & Casualty Company when it refused to cover his house damage after Katrina. (It depends upon whose ox is being gored 12/4/06) He went from the best friend the insurance industry ever had to Attila the Hun attacking the entire insurance industry and threatening to take away their sacred cow immunity from anti trust laws. Now it looks like the insurance company decided it wasn’t in their…

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Last night I was fascinated to watch, on television, bidding on a car which set a thirty six year record for the most money ever paid for an auctioned car at the Scottsdale, Arizona Barrett Jackson Classic Car Auction. The bidding for the 1966 Cobra began high and rapidly climbed to $1 million. As other bidders dropped out only two bidders competed against each other. One was seated close behind the other and as the numbers grew in size, the…

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Justice Scalia, I’d like you to meet James Waller. Why am I introducing you? Well, in light of your opinion in Kansas v Marsh (548 U.S. 2006 5-4 opinion) and your claims about the rarity of innocent people convicted of crime I thought you would like to meet Mr. Waller – an innocent man convicted of a crime he did not commit. In Marsh, once again, you use sarcasm to sustain your views.You label those concerned about innocent people convicted…

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Underhanded dirty tricks to punish or intimidate one’s political enemies is nothing new in politics. Richard Nixon had his "dirty tricks" squad including people like Charles Colson & Gordon Liddy. Lyndon Johnson had his Bobby Baker and political administrations over time have had their "junk yard dogs’ – aides who leaked damaging information to press about an opponent or who made public attacks on a political opponent, leaving the politician free to disavow any connection. The Bush administration has used…

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