The Crime Report

JANUARY 6, 2022

While her death is an absolute tragedy, a law professor at the University of Kentucky writes that her death “transcends the narrative of bad-apple cops” and highlights the broken system backing search warrants, according to a forthcoming Boston University Law Review paper. A Decaying Search Warrant System.

Laws 131

Laws Mens Rea Legal Legal 131

FDA Law Blog

JUNE 28, 2022

Supreme Court (six justices) issued a noteworthy opinion on criminal liability related to prescribers of controlled substances. The Supreme Court granted certiorari to resolve the Circuit split. Gilbert & Karla L. Palmer — On June 27, 2022, in one of the last opinions issued during its current term, a majority of the U.S.

Mens Rea 98

Mens Rea Court Manufacturing Government 98

At the Lectern

NOVEMBER 27, 2023

Curiel , the Supreme Court today holds that a defendant serving a life-without-parole sentence for a murder committed by another should have had an evidentiary hearing to determine his eligibility for resentencing under post-conviction legislation that restricted vicarious murder liability. In People v. Sanchez (2016) 63 Cal.4th

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Mens Rea Court Laws 45

SCOTUSBlog

JUNE 24, 2021

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. The case came to the court after Charles Borden Jr. Share In Borden v.

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Mens Rea Felony Statute Misdemeanor 64

At the Lectern

FEBRUARY 15, 2024

The Supreme Court yesterday announced it will hear six oral arguments in March, the biggest calendar of the term. The Chief Justice predicted last month that the court’s opinion output would increase during the term’s second half. The court granted review in March 2022. Vigilant Insurance Co. :

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Calendaring Mens Rea Entertainment Court 45

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. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). Greber, 760 F.2d

Mens Rea 83

Mens Rea Statute Healthcare Manufacturing 83

LexForti

JANUARY 12, 2022

Whatever the mens-rea may be, the actus-reus was the total elimination of a clan. What International Law says? According to Article VI of the Convention , a person charged with the offence of committing Genocide, shall be tried by the court that has the territorial Jurisdiction over the place, where the act happened.

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Laws Mens Rea Contract Court 52

FDA Law Blog

AUGUST 4, 2022

On June 27, 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the Agency’s interpretation as contrary to law under the Administrative Procedure Act (APA) in the Southern District of New York. Pfizer, Inc. Department of Health and Human Services et al.

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Statute Mens Rea Manufacturing Court 98

SCOTUSBlog

MARCH 2, 2022

For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances. In the end, it was not clear what direction the court is likely to take. Kavanaugh compared the facts at issue to an older case, Morrissette v.

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Mens Rea Government Statute Court 98

SCOTUSBlog

JANUARY 14, 2021

The case involves Section 13 of the Federal Trade Commission Act, which allows the FTC to seek an “injunction” against a business that “is violating, or is about to violate, any provision of law enforced by [the FTC].” I read that 100 cases under this provision are in the court, compared with 10 or 12 under the regular [procedures].”

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Mens Rea Calendaring Immigration Court 110

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Summary of the Supreme Court’s Opinions. 3 However, because the district court also found that Fossil had not acted willfully, the district court refused Romag’s request for a profits award.

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Manufacturing Mens Rea Contract Tort 52

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.

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Mens Rea Court Government Manufacturing 87

JURIST

APRIL 15, 2024

Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. This case asks the Supreme Court to decide whether 18 U.S.C. § United States.

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Statute Government Lawyer Lawyers 129

FDA Law Blog

SEPTEMBER 22, 2022

While the authors did a yeoman’s job of combing through the criminal cases to identify what they view as a “handful” of cases and call for increased use of the Park doctrine, we at the FDA Law Blog respectfully disagree. The editorial conflates a number of distinct but related principles of law and federal prosecution.

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Misdemeanor Mens Rea Felony Government 59

LexForti

NOVEMBER 17, 2022

Teesha Deb (National Law University, Orissa). The author is associated to the National Law University, Orissa. Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. INTRODUCTION. These are all examples of such situations.

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Statute Court Mens Rea Legal 52

The Crime Report

JANUARY 6, 2022

The notorious abilities of Capone and these other crime kingpins to corrupt people and neutralize the forces of law pale in comparison to the former president. From his winter residence in Palm Beach, FL and his Mar-a-Lago golf club and catering facility, the Donald still holds court and has absolute power over the Republican party.

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Mens Rea Real Estate Felony Laws 140

JonathanTurley

JUNE 17, 2022

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.

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Mens Rea Law School Laws Felony 44

JonathanTurley

DECEMBER 20, 2022

Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That is a far cry from evidence showing mens rea — “guilty mind.” At 4:17 p.m., In Brandenburg v.

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Mens Rea Felony Drafting Court Rules 59