Remove 2020 Remove Legal Remove Mens Rea
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Hong Kong top court affirms opposition activist now-repealed sedition convictions

JURIST

The court further held that Article 41(3) of the 2020 China-imposed National Security Law did not intend to make the offense indictable because it would “involve an unnecessary drain on judicial resources and introduce unwelcome procedural complications associated with a trial on indictment.”

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. And while criminal prosecutions relating to the crisis have garnered fewer headlines, they are still significant.

Mens Rea 101
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer’s Petition to SCOTUS.

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

FDA Law Blog

The Court instead concluded that the term, as used in the AKS, is “more accurately understood as a voluntary, intentional violation of a known legal duty…the mens rea element goes no further” (internal quotations omitted). Whether the Beneficiary Inducement Statute (BIS) is relevant to interpreting the AKS (essentially, no).

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. Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed.

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. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity.”.

Laws 131
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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. 1492 (2020) (No.