JURIST

FEBRUARY 27, 2025

Right on Crime contends that “there has been an explosion of criminal laws passed by Congress and promulgated by federal executive agencies” where mens rea requirements have been intentionally omitted.

Mens Rea 132

Mens Rea Criminal Law Statute Laws 132

FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

Statute 98

Statute Mens Rea Manufacturing Court 98

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.

Mens Rea 101

Mens Rea Government Criminal Law Statute 101

SCOTUSBlog

JUNE 24, 2021

The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. A mens rea of purpose equates to a consciously desirable outcome. Kagan stressed that the relevant statute in Voisine did not include the critical “against the person” phrasing applicable to the ACCA and in Leocal.

Mens Rea 86

Mens Rea Felony Statute Misdemeanor 86

FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

Mens Rea 83

Mens Rea Statute Healthcare Manufacturing 83

SCOTUSBlog

MARCH 2, 2022

Justices Clarence Thomas and Amy Coney Barrett pressed both sides on where the standard for the exception comes from, noting that the phrases “good faith” and “honest effort” appear nowhere in the statute and that the entirety of the exception, which likewise does not specify an intent standard, is the product of regulation.

Mens Rea 98

Mens Rea Government Statute Court 98

Constitutional Law Reporter

JULY 19, 2023

18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. It concluded that a recklessness standard— i.e., a showing that a person “consciously disregard[ed] a substantial [and unjustifiable] risk that [his] conduct will cause harm to another,”—is the appropriate mens rea. Counterman’s messages put C.W.

Mens Rea 52

Mens Rea Court Constitutional Law Statute 52