1,243 research outputs found

    Beyond Blame—Mens Rea and Regulatory Crime

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    In the first part of this Article, the Author briefly outlines the conceptual underpinnings of the common law approach to mens rea, with its blame focus, and the Supreme Court\u27s early efforts to develop a different approach in interpreting regulatory criminal statutes. The Author begins the second part of this Article with Lambert v. California, in which the Court staked out the constitutional limits for the employment of strict liability in public welfare or regulatory crimes, and, first employed notice-based mens rea. This part goes on to examine the ensuing cases in which the Court, at least implicitly, fleshes out the notice analysis that should guide the courts in deciding whether Congress intended strict liability or some level of mens rea in enacting regulatory criminal statutes. The Author concludes with Liparota v. United States, the case in which the Court departed from the emerging construct, which had distinguished blame-based and notice-based mens rea. This part then charts the doctrinal confusion that has resulted from this conflation of blame and notice in the Court\u27s mens rea analysis, confusion that is apparent not only in its own cases but also those of the circuit courts as they confront this vexatious problem

    De Bateman à Bacon : surface et profondeur dans deux romans de Bret Easton Ellis

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    Ces pages trouvent leur origine dans une question très simple : où placer Bret Easton Ellis, le trublion des lettres américaines de ce début de siècle, sur la carte d’Éros en Amérique que ce volume se propose d’ébaucher ? Il m’a semblé qu’un début de réponse pouvait être apporté par un examen attentif de la manière dont son écriture s’inscrit dans une constante oscillation entre surface et profondeur. Il m’a encore semblé qu’un autre point de départ se trouvait dans la manière dont, en faisan..

    Fables d'Ésope

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    From the original Favole published in 2011 by Topipittori in Milan. Here is a large-format (9 x 13¼) landscape -- rather than portrait -- book. I feel as though I have known it before, but I cannot find it in the database. The cover has a cat looking suspiciously around a table of fable characters, among whom is a stork dipping her beak deep into a tall glass. The back cover advertises correctly: Vingt fables amusantes, parfois cruelles, des plus connues aux plus surprenantes…. The illustrations are indeed provocative, starting with the first fable's dog sick from devouring a snail. Are we seeing his insides or the woods in which he found the snail? In FC, three foxes rejoice in carnival costume over the fresh piece of meat teased away from the crow, who holds his hands high in outrage. In DS, we can see the fish start to pick at the floating piece of meat. My favorite in the book is Prométhée et les hommes. Since animals outnumbered people, Zeus asked Prometheus to transform a number of the former into the latter. They have human form but bestial souls. Rea mixes human and animal faces nicely here. TMCM has the country rat, perched in a flower, turning his head toward a slightly open door. The cover pictures turns out to be a doubting illustration of the fable in which a just lion king has all the animals come together in peace. Rea suggests nicely that this plan may not work. I wonder why many fable books are published because they have little new to offer; I do not have that question about this excellent book!This is a hardbound book (hard cover)Language note: FrenchTraduit du grec ancien par Émile Chambr

    Knowledge as a Mens Rea Requirement

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    The term knowledge is used to represent the mens rea requirement of various crimes. The common law concept of that term included both guilty belief and guilty avoidance of knowledge. The Model Penal Code, however, does not provide for the latter common law concept. Noting this omission, the author proposes an amendment to the Code that would allow for satisfaction of the mens rea element of an offense on the basis of a deliberate avoidance of knowledge

    Knowledge as a Mens Rea Requirement

    No full text
    The term knowledge is used to represent the mens rea requirement of various crimes. The common law concept of that term included both guilty belief and guilty avoidance of knowledge. The Model Penal Code, however, does not provide for the latter common law concept. Noting this omission, the author proposes an amendment to the Code that would allow for satisfaction of the mens rea element of an offense on the basis of a deliberate avoidance of knowledge

    Bloc heads. by Rupert Pennant-Rea

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    The author takes issue with those who call for the formation of an East Asian trading bloc

    Material saving by means of CWR technology using optimization techniques

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    Publisher Copyright: © 2017 Author(s).Material saving is currently a must for the forging companies, as material costs sum up to 50% for parts made of steel and up to 90% in other materials like titanium. For long products, cross wedge rolling (CWR) technology can be used to obtain forging preforms with a suitable distribution of the material along its own axis. However, defining the correct preform dimensions is not an easy task and it could need an intensive trial-and-error campaign. To speed up the preform definition, it is necessary to apply optimization techniques on Finite Element Models (FEM) able to reproduce the material behaviour when being rolled. Meta-models Assisted Evolution Strategies (MAES), that combine evolutionary algorithms with Kriging meta-models, are implemented in FORGE® software and they allow reducing optimization computation costs in a relevant way. The paper shows the application of these optimization techniques to the definition of the right preform for a shaft from a vehicle of the agricultural sector. First, the current forging process, based on obtaining the forging preform by means of an open die forging operation, is showed. Then, the CWR preform optimization is developed by using the above mentioned optimization techniques. The objective is to reduce, as much as possible, the initial billet weight, so that a calculation of flash weight reduction due to the use of the proposed preform is stated. Finally, a simulation of CWR process for the defined preform is carried out to check that most common failures (necking, spirals,.) in CWR do not appear in this case.The research leading to these results received funding from the European Union´s Seventh Framework Program, managed by REA-Research Executive Agency (FP7/2007-2013) under grant agreement No. 606171 FP7-SME-2013-1 (CoVaForm). The research leading to these results received funding from the European Union's Seventh Framework Program, managed by REA-Research Executive Agency (FP7/2007-2013) under grant agreement No. 606171 FP7-SME-2013-1 (CoVaForm).Peer reviewe

    The Notion Of Criminal Intent: The Evolution Of Mens Rea In Criminal Law

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    This thesis evaluates the legal concept of mens rea to better understand its meaning and significance in criminal law. Included in this thesis is the examination of the evolution of criminal law from Roman law to today's Canadian criminal law, through the lens of the foundational principle of mens rea, through its application in numerous Supreme Court of Canada cases, has either reinforced the interpretation of laws or set out a new framework on how the law should be interpreted. The purpose of this paper is to illustrate how mens rea guided criminal law by emphasizing the purpose of the justice system, the purpose and significance of the mental element within an offence; how the law is interpreted using the concept of mens rea, the degree of culpability within an offence; and a higher standard of burden of proof. Mens rea has many functions such as to guard against the wrongful conviction of morally innocent individuals and to protect our society from those who caused harm. Mens rea also helps distinguish between the degrees of moral blameworthiness within each crime and to understand the concept of burden of proof. Lastly, mens rea is critical in a court's determining of appropriate punishment. Finally, this thesis links the concept of mens rea to legal defences in criminal law

    Una propedeutica della perplessità: “crisi” e negoziazione della “presenza” nelle novelle di Gianni Celati

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    Starting in the mid-1980s, Gianni Celati returned to narrative with the genre of the short story, which would remain his chosen one for the rest of his narrative production. In the present contribution, Celati’s short stories are analysed in synchrony and on the basis of an illuminating comparison with the text by an author dear to Celati, Ernesto De Martino’s Il mondo magico. The key of psychopathology, with which Celati’s characters are usually analysed, may be limiting when compared with the Demartinian notion of the “crisis of presence”, which this study attempts to apply to the world of the author’s short stories, highlighting how, in an ideal step-by-step path, from the moment of rupture and crisis one arrives at the renegotiation of one’s presence in the world
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