article thumbnail

Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

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.

article thumbnail

SCOTUS dispatch: government lawyer grilled for an hour on meaning of federal corruption statute

JURIST

The party briefs mostly focused on the word “rewarded” in the statute. A broad and unclear definition of “corruptly”, she argued, would chill gift-giving to public officials as well as to employees of private entities covered by the statute. I feel like we’re in a Senate room drafting language [of a statute].

Statute 129
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

In opioids “pill mill” case, justices grapple with physician intent

SCOTUSBlog

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.

article thumbnail

Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts Because most of the language in the statute stands contrary to Fossil’s position, Fossil focused on the phrase “subject to the principles of equity.”

article thumbnail

Detailed Analysis of POCSO Act, 2012

LexForti

Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. Because of this, the necessity of maintaining the gender neutrality of the statute arose since several young males are also subjected to crimes of sexual nature.

Statute 52