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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. The case, Ruan v. The question was whether a doctor’s subjective intent in prescribing matters.

Mens Rea 100
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In opioids “pill mill” case, justices grapple with physician intent

SCOTUSBlog

Justice Brett Kavanaugh suggested the regulation could be helpfully clarified — a suggestion the government’s lawyer, Deputy Solicitor General Eric Feigin, resisted, noting that the language in the regulation tracks language in the statute and that it would be difficult to improve on it.

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Why Do We Treat Sex Crimes Differently Than Other Violent Crimes?

The Crime Report

In a recently published research paper in the Stanford Law Review, Aya Gruber, a law professor at the University of Colorado, considers the concept of “sex exceptionalism” in the United States criminal justice system and asks readers to take a second look at how we treat sex crimes. Gruber asked.

Mens Rea 140
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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

At the Supreme Court, Romag argued that requiring willfulness for a profits award “flouts the plain text of section 35(a) and undermines the broader policies of the Lanham Act,” and is a “serious misinterpretation of federal law” that should not be allowed to stand. The Court found the argument intriguing but problematic.

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SCOTUS dispatch: government lawyer grilled for an hour on meaning of federal corruption statute

JURIST

Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. What if we define wrongful as unlawful under state or local law? Justice Alito, no longer meditating, raised an important rule-of-law issue. But that opened the door to further questions. He asked Ms.

Statute 129
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Detailed Analysis of POCSO Act, 2012

LexForti

Teesha Deb (National Law University, Orissa). The author is associated to the National Law University, Orissa. Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. INTRODUCTION. These are all examples of such situations.

Statute 52
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Last-chance Hearing: Jan. 6 Committee Has Yet To Establish A Criminal Case Against Trump

JonathanTurley

Harvard law professor Laurence Tribe said the question was only what would be charged first, since Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” It is the type of evidence used to show mens rea — “guilty mind.” Trump is in trouble.