JURIST
MARCH 10, 2023
Marcus Silva’s petition states that under Texas’ murder and wrongful-death statutes, a self-managed abortion is the crime of murder, and the three women can be sued for wrongful death. Therefore, the court does not have any license to put aside Texas’ abortion laws.
FDA Law Blog
AUGUST 4, 2022
Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.
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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.
JURIST
APRIL 15, 2024
Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. The party briefs mostly focused on the word “rewarded” in the statute. Justice Kagan asked if the required mental state in the statute helps to alleviate that concern. 666(a)(1)(B) applies to gratuities as well as bribes.
SCOTUSBlog
JUNE 24, 2021
pleaded guilty to violating a federal law barring people convicted of a felony from possessing a firearm. The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. A mens rea of purpose equates to a consciously desirable outcome.
FDA Law Blog
NOVEMBER 6, 2022
Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.
Constitutional Law Reporter
JULY 19, 2023
18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. Counterman’s messages put C.W. in fear and upended her daily existence: C.W.
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