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Hong Kong top court affirms opposition activist now-repealed sedition convictions

JURIST

The 1970 amendment defined “seditious intention” to include “counsel[ing] disobedience to the law or to any lawful order.” ” The court found that the statutory law has displaced any common law requirement of proving an intention to incite third parties to violence or public disorder.

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to force Lam to address the “Five Demands Not One Less” demand, which included demands such as repealing the now-withdrawn extradition bill and for Lam to resign as Chief Executive.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

The government, in turn, focuses on the structure of the CSA — the words denoting mens rea, “knowingly or intentionally,” come after the exception clause at issue and so, the government argues, do not apply to it.

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

FDA Law Blog

In June 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). 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

On June 27, 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the Agency’s interpretation as contrary to law under the Administrative Procedure Act (APA) in the Southern District of New York. OIG disagreed.

Statute 98
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Pakistan dispatch: persecution of religious minorities continues under current blasphemy law

JURIST

Law students and law graduates in Pakistan are reporting for JURIST on events in that country impacting its legal system. University of London law graduate Mariyam Taher Qayyum files this dispatch from Islamabad. . Mariyam Taher Qayyum is a law graduate of the University of London External Program.

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. Something rots in law enforcement,” writes Blanche Cook, the paper’s author.

Laws 131