JURIST
JUNE 12, 2021
The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). The Supreme Court reversed that judgment and remanded the case.
JURIST
OCTOBER 30, 2022
Law students and law graduates in Pakistan are reporting for JURIST on events in that country impacting its legal system. Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed.
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SCOTUSBlog
FEBRUARY 28, 2022
Share In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances. While on the surface, the case, Ruan v.
FDA Law Blog
NOVEMBER 6, 2022
Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.
LexForti
OCTOBER 14, 2021
The Jammu & Kashmir and Ladakh High Court, while hearing a defamation complaint filed against Editor-in-Chief of Republic TV Arnab Goswami and journalist Aditya Raj Kaul, made an observation that reporting of allegations levied against official duties of public figures does not amount to defamation.
FDA Law Blog
SEPTEMBER 22, 2022
An interesting historical sidenote is that if one looks at the official Park decision from the Supreme Court, one will find our own Paul Hyman who was one co-author of the amicus curiae briefs. It’s a bedrock principle of criminal law that crimes require an actus reus (the prohibited act) and the requisite mens rea (mental state).
FDA Law Blog
AUGUST 4, 2022
That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Similarly, the Court drew on the plain meaning of “willfully” to reject Pfizer’s argument that the term suggests “an element of corruption.”
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