JURIST
APRIL 15, 2024
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].
SquirePattonBoggs
FEBRUARY 14, 2023
2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. As the Sixth Circuit explained, Patterson “did not consider, as Borden now requires, whether the offense’s force element has a mens rea greater than recklessness.” Butts , 40 F.4th
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
JURIST
MARCH 10, 2023
Marcus Silva’s petition states that under Texas’ murder and wrongful-death statutes, a self-managed abortion is the crime of murder, and the three women can be sued for wrongful death. Silva is represented by the former Solicitor General of Texas, Jonathan F.
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.
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.
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.
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.
Expert insights. Personalized for you.
129 
Let's personalize your content