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8 Oct 2011, 8:23 pm by Kevin Jon Heller
by Kevin Jon Heller The brief says this with regard to the mens rea of aiding and abetting (knowledge) in Furundzija and Vasiljevic (pp. 10-11): Further, it may be questioned whether the mens rea discussion in these opinions was necessary to their holdings. [read post]
8 Oct 2011, 3:57 am by Kevin Jon Heller
by Kevin Jon Heller I’ve already said pretty much everything I have to say about the mistaken idea that intent is the customary mens rea of aiding and abetting (see here and here), so there is no reason to spend much time addressing the amicus brief Julian mentions. [read post]
21 Sep 2011, 8:43 pm by Kevin Jon Heller
by Kevin Jon Heller Following Talisman Energy, the Fourth Circuit has now held in Aziz v. [read post]
5 Sep 2011, 5:51 pm by Kevin Jon Heller
by Kevin Jon Heller Against my better judgment, I read the 11th Circuit’s opinion in Mamani v. [read post]
29 Aug 2011, 3:37 am by Russ Bensing
  The issue in State v. [read post]
21 Aug 2011, 9:30 pm
 Bankruptcy Cases and Topics DC Cir: Creditors' tortious intf. cplt v. [read post]
19 Aug 2011, 7:36 am by Ted Frank
Harvey Silverglate celebrates a Florida federal district-court ruling invalidating a state drug law as unconstitutional for lack of a mens rea requirement, but I'm less optimistic than he is that it will have long-term meaning: this is just a single trial judge and, while the U.S. [read post]