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Hong Kong court convicts 14 activists over subverting state power by controlling legislature

JURIST

The prosecution stated that the defendants agreed to veto government budgets if they obtained a majority in the 2020 Legislative Council election to force Lam to address the “Five Demands Not One Less” demand, which included demands such as repealing the now-withdrawn extradition bill and for Lam to resign as Chief Executive.

Mens Rea 104
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Pakistan dispatch: persecution of religious minorities continues under current blasphemy law

JURIST

Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed. Human Rights Without Frontiers reports that 1,860 people were accused of blasphemy between 1987 and August 2021, with 200 cases filed in 2020, which indicates a sharp rise.

Mens Rea 271
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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

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. And while criminal prosecutions relating to the crisis have garnered fewer headlines, they are still significant.

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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 appealed to the Second Circuit, which again ruled against Pfizer.

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‘Search Warrants Rot Law Enforcement’: Paper

The Crime Report

When 26-year-old Breonna Taylor, a Black medical worker, was shot and killed by Louisville police officers in March 2020 during a botched raid on her apartment, the country was collectively “traumatized” — particularly marginalized communities. Without video footage, everything becomes someone’s word against another.

Laws 131
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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

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). OIG disagreed.

Statute 98
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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

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. 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[,].