JURIST
MARCH 6, 2025
” This judgment affirmed the lower court’s ruling, which was the legal basis a District Court relied on to convict Stand News and its editors for publishing seditious publications in August 2024.
JURIST
JUNE 12, 2021
Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA. The Supreme Court reversed that judgment and remanded the case.
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SCOTUSBlog
FEBRUARY 28, 2022
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.
JURIST
AUGUST 31, 2024
” Furthermore, Kwok also ruled that the prosecution could establish the defendant’s mens rea by proving that the defendant, aware of the seditious intent within a publication, disregarded the consequence of publishing it. The trial began in October 2022, with an initial ruling expected in October 2023.
FDA Law Blog
NOVEMBER 6, 2022
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.
LexForti
OCTOBER 14, 2021
It also highlighted that mens rea, a condition precedent to constitute the offence of defamation, had been absent in order to prove the intention or knowledge on part of accused to harm the reputation of complainant.
FDA Law Blog
AUGUST 4, 2022
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).
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