Introduction - I. The Center and the Gyre of Disparate Treatment Proof Structures - A. The Center - B. The Gyre-The Spiraling Out of Control of Disparate Treatment Proof Structures - II. The Aftermath of Gross and the Widening Gyre - A. Serwatka v. Rockwell Automation, Inc.: Gross and the ADA - B. Smith v. Xerox: Gross and Title VII Retaliation - III. Reeling in the Gyre: The Practical and Theoretical Reasons for a New Center - A. Gross v. FBL Financial Services: A Woeful Decision - 1. Flaws in Gross’s Reasoning - 2. Flaws in the Practical Application of Gross - B. The Scope and Effects of Serwatka and Smith - 1. Serwatka: The Gyre Expands to Encompass the ADA - 2. Smith: One Step Forward, Two Steps Back - C. Gross Beyond the Context of Employment Discrimination Law - D. The Theoretical...
One of the key problems with GDP as a measure of national welfare is that it treats "bad goods (and services)" the same as "good goods." if it costs $100 million to clean up a toxic waste dump but only $1 million to avoid it, the clean-up directly contributes 100 times as much to the GDP as the prevention, making the country "wealthier. Also, the GDP does not distinguish between the long-term significance of different types of economic activity. (That fact didn't bother Michael J. Boskin, chairman of President George H. W. Bush's Council of Economic Advisers, who said that "it doesn't make any difference whether a country makes potato chips or computer chips") Likewise, the GDP does not recognize the loss of value when a dead-end job replaces one with more meaning. And it does not dist...
The trial court correctly determined that Gross did not knowingly, intelligently and voluntarily waive his right to counsel in a prior OVI conviction, and the court correctly determined that the prior conviction could not be used to enhance the penalty for a subsequent OVI offense. Judgment affirmed.
A Niagara Falls plumbing contractor with a checkered past rigged bids to win repair work at the former Summit mall in Wheatfield and a Goodyear plant in Niagara Falls, according to federal prosecutors. John J. Gross Jr., a political power broker and convicted felon, allegedly used the letterheads of competing companies to submit false bids in their names that were higher than the bids submitted by his son's Niagara Falls plumbing company. He also allegedly paid for fishing trips and repair work at the homes of mall and plant employees.
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