JURIST
JUNE 12, 2021
One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. He wrote instead that the phrase is “a centuries-old term of art in the criminal law that distinguishes offenses against the person from offenses against property.”
SCOTUSBlog
JUNE 28, 2022
Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. The case, Ruan v. The question was whether a doctor’s subjective intent in prescribing matters.
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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.
FDA Law Blog
NOVEMBER 6, 2022
In June 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.
JonathanTurley
SEPTEMBER 7, 2021
She was charged under Louisiana law with malfeasance in office. What is interesting about the law is how broad the language is. It not only allows a criminal charge for anyone who intentionally refuses or fails to perform any lawfully required duty, but also allows a charge for permitting any other public employee to fail to do so.
SCOTUSBlog
FEBRUARY 28, 2022
They also argue that Congress, elsewhere in the CSA, meaningfully deviated from the “knowingly or intentionally” language to impose a lower standard for certain actions undertaken “knowingly or recklessly,” thereby showing that Congress knew how to criminalize merely reckless behavior when it wanted to.
The Crime Report
FEBRUARY 21, 2023
In a recently published research paper in the Stanford Law Review, Aya Gruber, a law professor at the University of Colorado, considers the concept of “sex exceptionalism” in the United States criminal justice system and asks readers to take a second look at how we treat sex crimes. Gruber asked.
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