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22 Oct 2016, 3:26 am
      Narrowing the offence: the mens rea elementThe proposed clause would also narrow the scope of the offence by elaborating the mens rea requirement. [read post]
7 Feb 2013, 1:18 pm by Jon Sands
Miller, 105 F.3d 552 (9th Cir. 1997), which declined to apply a mens rea element to the interstate-commerce element of the felon-in-possession statute, remained good law after the Supreme Court's decision in Flores-Figueroa v. [read post]
7 Oct 2019, 12:36 am by Steve Lubet
Today is the first Monday in October, and the first case up on the SCOTUS docket is Kahler v. [read post]
18 Jan 2022, 10:02 am by Eric Goldman
Despite this post’s length, the only thing you will know with confidence after reading this post is that FOSTA is not a good solution to any problem. [read post]
19 Oct 2008, 11:42 am
An important recent decision on s. 271(1)(c) - Dilip N Shroff v. [read post]
4 Feb 2009, 12:25 am
  This isn't a good thing, but it is the reality. [read post]
8 Sep 2012, 12:09 pm by appealattorneylaw
Although the trial court found the defense to be inadmissble because the defense failed to meet the Frye test, and the Second DCA affirmed, the opinion is still worth reading because it contains a good discussion of admissibility of scientific evidence under Frye v. [read post]