Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Entrapment When The Spoken Word Is The Crime, James F. Ponsoldt, Stephen Marsh
Entrapment When The Spoken Word Is The Crime, James F. Ponsoldt, Stephen Marsh
Scholarly Works
The task of this Article is to assess the competing approaches that circuit courts have taken in defining the predisposition element in entrapment cases. It then attempts to try to reconcile them, not only with Jacobson v. United States, but also with policy concerns underlying the rest of the Supreme Court's entrapment jurisprudence, particularly in light of the increased politicization of federal criminal law through investigations of public officials' conduct by independent counsel. This Article will first frame the central issue, the supplementary mens rea requirement arising in entrapment cases. Part II then will review the common law development …
Defining Willful Remuneration: How Bryan V. United States Affects The Scienter Requirement Of The Medicare/Medicaid Anti-Kickback Statute, Robb Degraw
Journal of Law and Health
At the forefront of the debate over the anti-kickback statute, and the topic of this Note, is the mens rea, or mental state, that is required for a violation of the law. According to the statute, an individual must "knowingly and willfully" solicit or receive, or offer to pay, remuneration in order to induce business reimbursed under any federal health care program. The interpretation of these terms by the federal courts has varied wildly, as have the underlying Supreme Court cases cited as precedent for such interpretations. However, in June of 1998, the Supreme Court defined the meaning of "willfully" …
The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan
The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.