Aug 1, 2009 | Case Comments, Number 4, Print Edition, Volume 42
The prosecution usually must prove a criminal defendant had the necessary mens rea, or culpable mental state, generally defined by the legislature in criminal statutes, to convict him or her of a crime. Title 18, section 1028A(a)(1) of the United States Code, the...
Aug 1, 2009 | Case Comments, Number 4, Print Edition, Volume 42
Federal common law governs claims arising out of employee benefit plans covered by the Employee Retirement Income Security Act of 1974 (ERISA). The Court of Appeals for the First Circuit created an approach for interpreting the ambiguous word “accident” in...