Remove Government Remove Legal Remove Mens Rea
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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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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

had pleaded guilty to a felon-in-possession charge, and the government sought to apply the enhanced sentence under the ACCA. One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. ” Petitioner Charles Borden Jr.

Felony 161
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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

Xiulu Ruan, one of the petitioners, was a board-certified interventional pain specialist who the government alleges operated an Alabama “pill mill” — a term used to describe doctors, clinics, or pharmacies that prescribe or dispense high volumes of powerful narcotics inappropriately.

Mens Rea 101
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Hong Kong court convicts two former Stand News journalists of sedition

JURIST

Considering the extremely heated political climate and the widespread discontent with the Chinese or the Hong Kong government at the time of publication, Kwok found 11 articles had seditious intentions that “bring into hatred against the Central authorities or the SAR government.”

Mens Rea 104
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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

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. Whether the Beneficiary Inducement Statute (BIS) is relevant to interpreting the AKS (essentially, no). Pfizer appealed to the Second Circuit.

Statute 98
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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead. It’s one thing to prosecute a corporation for the actions of employees since a corporation, while a legal entity, can only act through the individuals that make up that entity. A Park case should be no different.