JURIST

APRIL 15, 2024

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. The party briefs mostly focused on the word “rewarded” in the statute.

Statute 129

Statute Government Lawyer Lawyers 129

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.

Mens Rea 94

Mens Rea Government Criminal Law Court 94

SCOTUSBlog

MARCH 2, 2022

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.

Mens Rea 98

Mens Rea Government Statute Court 98

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts litigation in U.S.

Manufacturing 52

Manufacturing Mens Rea Contract Tort 52

LexForti

NOVEMBER 17, 2022

Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. Because of this, the necessity of maintaining the gender neutrality of the statute arose since several young males are also subjected to crimes of sexual nature.

Statute 52

Statute Court Mens Rea Legal 52