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Hong Kong top court affirms opposition activist now-repealed sedition convictions

JURIST

The Hong Kong Court of Final Appeal unanimously upheld Thursday the convictions of the opposition activist Tam Tak Chi of uttering seditious words under now-repealed section 10(1)(b) of the Crimes Ordinance. Another question before the court is whether the sedition offense was an indictable offense that must be tried by a judge and jury.

Mens Rea 104
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Hong Kong court convicts 14 activists over subverting state power by controlling legislature

JURIST

The prosecution stated that the defendants agreed to veto government budgets if they obtained a majority in the 2020 Legislative Council election to force Lam to address the “Five Demands Not One Less” demand, which included demands such as repealing the now-withdrawn extradition bill and for Lam to resign as Chief Executive.

Mens Rea 104
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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

Share In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances. While on the surface, the case, Ruan v.

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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Similarly, the Court drew on the plain meaning of “willfully” to reject Pfizer’s argument that the term suggests “an element of corruption.”

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Pakistan dispatch: persecution of religious minorities continues under current blasphemy law

JURIST

Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed. Human Rights Without Frontiers reports that 1,860 people were accused of blasphemy between 1987 and August 2021, with 200 cases filed in 2020, which indicates a sharp rise.

Mens Rea 271
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‘Search Warrants Rot Law Enforcement’: Paper

The Crime Report

When 26-year-old Breonna Taylor, a Black medical worker, was shot and killed by Louisville police officers in March 2020 during a botched raid on her apartment, the country was collectively “traumatized” — particularly marginalized communities. Without video footage, everything becomes someone’s word against another.

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