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THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss, interpret and apply the filed-rate doctrine. The selection of decisions spans from 2010 to the date of publication. Under the filed rate doctrine, "any 'filed rate' -- that is, one approved by the governing regulatory agency -- is per se reasonable and unassailable in judicial proceedings brought by ratepayers." Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir.1994). The doctrine is grounded on two rationales: first, that courts should not "undermine[] agency rate-making authority" by upsetting approved rates (the principle of "nonjusticiability"); and, second, that litigation should not become a means for certain ratepayers to obtain preferential rates (the principle of "nondiscrimination"). Marcus v. AT & T Corp., 138 F.3d 46, 58, 61 (2d Cir.1998); see generally Keogh v. Chi. & Nw. Ry. Co., 260 U.S. 156, 43 S.Ct. 47, 67 L.Ed. 183 (1922).The doctrine reaches both federal and state causes of action and protects rates approved by federal or state regulators. Wegoland, 27 F.3d at 20. Its application does not "depend on the nature of the cause of action the plaintiff seeks to bring" or "the culpability of the defendant's conduct or the possibility of inequitable results." Marcus, 138 F.3d at 58. Whenever a ratepayer's claim against a rate filer would implicate either the non-justiciability principle or the nondiscrimination principle, it is barred. Id. at 59. Rothstein v. Balboa Ins. Co., ibid.
The glamour and mystery of the art auction, gathering interested buyers from across the globe, makes it one of the most fascinating marketplaces in existence. ‘Sleepers’, artworks or antiques that have been undervalued and mislabelled due to an expert’s oversight and consequently undersold, appear regularly. This fascinating new book provides the first extensive study of the phenomenon of sleepers through an in-depth analysis of the contractual relationships, liability and remedies that arise in the context of auction sales.
The true story behind the notorious international murder--updated to cover Amanda Knox's acquittal. In Perugia, Italy, on November 2, 2007, police discovered the body of a British college student stabbed to death in her bedroom. The prosecutor alleged that the brutal murder had occurred during a drug-fueled sex game gone wrong. Her housemate, American honor student Amanda Knox, quickly became the prime suspect and soon found herself the star of a sensational international story, both vilified and eroticized by the tabloids and the Internet. Award-winning journalist Candace Dempsey gives readers a front-row seat at the trial and reveals the real story behind the media frenzy. "Beautifully researched, well-written, and clearly organized. Dempsey was the first journalist in the United States to raise questions about the Amanda Knox case, and the first to look deeply into the facts and begin to uncover the shocking truth. If you want to know the real story . you must read this book, reprinted after Knox's acquittal with a new ending."-Douglas Preston, New York Times bestselling author (with Mario Spezi) of The Monster of Florence
The Rape Investigation Handbook is the first practical and hands-on manual written by sex crime investigators and forensic scientists, providing students with first-hand insight into the work of these professionals. It is the only comprehensive reference available on the investigation of sexual assault and rape. It includes extensive accounts of perpetrators, victims, and other rape case evidence for identification of incidents of rape. The key feature of this text is a thorough overview of the investigative and forensic processes related to sex crime investigation. It takes the reader through investigative and forensic processes in a logical sequence, showing how investigations of rape and sexual assault can and should be conducted from start to finish. This book is designed to be accessible, in terms of language and approach, to the student in the classroom learning about the subject for the first time. It is an excellent training manual for sex crime investigators as well as an excellent textbook for any hands-on university course on the subject of sex crime investigation. This book would also serve as a useful supplement for any investigative course involving violent crime or death investigation. * The only comprehensive reference available on the investigation of sexual assault and rape, a crime 10 times more prevalent than murder * Authored by qualified investigators and forensic professionals with more than twenty years of collective experience working cases, preparing them for court, and offering testimony * Written in a clear, practical style, ideal for professionals in forensic nursing, law enforcement, the legal community, and the investigative community
The Attorney General of the United States and the U.S. Department of Justice Office for Victims of Crime strive to pursue justice for criminal acts and that pursuit includes justice for the victims of and witnesses to crime. The 2011 Edition of the Attorney General Guidelines for Victim and Witness Assistance reflects current statutory provisions, recognizes the technological and legal changes that have taken place since the previous Guidelines were promulgated, and incorporates best practices that will benefit victims and enhance investigations and prosecutions.
This best-selling text continues in its eighth edition to provide the most current and comprehensive coverage of business research. Its student-friendly design contains numerous examples illustrating real-world research in management, marketing, finance, accounting, and other business areas. BUSINESS RESEARCH METHODS, 8E, is the ideal text for undergraduate and first year MBA courses in marketing, management, or quantitative studies.