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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.

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

SCOTUSBlog

The government argues the intent standard is an objective one — an “honest effort” to comply with professional norms. The government’s burden of proof also was the subject of much back and forth, even though it was not a major component of the briefing. Lawrence Robbins argues on behalf of petitioner Xiulu Ruan.

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

JURIST

When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. Her response: a person behaves corruptly when they know they are doing wrong.

Statute 129
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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

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. While the argument that “principles of equity” includes a willfulness requirement would not “directly contradict the statute’s other, express mens rea provisions or render them wholly superfluous[,].

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Detailed Analysis of POCSO Act, 2012

LexForti

This culminated to the passage of the Protection Of Children from Sexual Offences Act, and there was a new inclusion to Article 15 clause (3) asserting upon the Government’s authority to enact specific statutory requirement for protection of minors. Both of these modifications were assessed to be crucial.

Statute 52
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Biden Critics Say Change to Trump ‘Mens Rea’ Reform Endangers Innocent

The Crime Report

The order recognized that executive agencies have promulgated “thousands of regulations, creating a thicket of requirements that can be difficult to navigate,” and sought to make sure that all regulatory criminal laws are “clearly written so that all Americans can understand what is prohibited and act accordingly.”.