SCOTUSBlog
JUNE 28, 2022
In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. A mens rea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.
SCOTUSBlog
MARCH 2, 2022
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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The Crime Report
FEBRUARY 21, 2023
“I’m kind of saying to people, you think that this is like enlightenment, creating more sex crimes every day, getting tougher on sex crimes, but look at some of the history, even the recent history and you start to question that instinct,” Gruber said of her research.
The IP Law Blog
MARCH 2, 2021
While the argument that “principles of equity” includes a willfulness requirement would not “directly contradict the statute’s other, express mens rea provisions or render them wholly superfluous[,]. companies and their lawyers have considered tort litigation in China pointless. litigation in U.S. cation more difficult.
JURIST
APRIL 15, 2024
It is truly—as a former government lawyer—baffling how someone say that [the definition of corruptly] was not contested, that this [gratuity] was wrongful. “Corruptly” as a consciousness of wrongdoing has never been the mens rea for bribery. Rebuttal “At least we should get a 9-0 remand today,” Ms.
LexForti
NOVEMBER 17, 2022
Lawyers often fight for postponements due to extraneous factors, and if the sufferer is summoned to trial again six to seven months following the event, their memory of the particular specifics of the incident may get blurred as a result of the postponement.
The Crime Report
MAY 19, 2021
The order recognized that executive agencies have promulgated “thousands of regulations, creating a thicket of requirements that can be difficult to navigate,” and sought to make sure that all regulatory criminal laws are “clearly written so that all Americans can understand what is prohibited and act accordingly.”.
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