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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

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.

Felony 161
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Pakistan dispatch: persecution of religious minorities continues under current blasphemy law

JURIST

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.

Mens Rea 271
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

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.

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

FDA Law Blog

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.”

Statute 98
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‘Search Warrants Rot Law Enforcement’: Paper

The Crime Report

“When police rammed the door of Breonna Taylor’s home and shot her six times in a hail of thirty-two bullets, they lacked legal justification for being there,” Blanche Cook, the paper’s author, details. All of this can be traced back to the Supreme Court’s legal doctrine that created the conditions for this botched search warrant execution.

Laws 131
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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

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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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. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc.