Ebanks v. New York City Transit Authority Essay

Ebanks v. New York City Transit Authority Essay.

Facts:

* Julius Ebanks’s left foot got caught in a 2-inch gap between the escalator step and the side wall of the escalator, which was owned and operated by the New York City Transit Authority. * He was thrown violently to the ground after reaching the top. His hip was fractured along with other serious injuries. * The standard gap of the city’s building code was 3/8 inches * Ebanks (plaintiff) sued the Transit Authority (defendant) to recover damages for his injuries.

Issues:

* Who wins?
* Were plaintiff’s injuries the result of Transit Authority’s negligent operation and maintenance of the escalator?
Decisions of the court:
* Julius Ebanks wins and he can recover damages from the Transit Authority under negligence per se doctrine.

Reasoning:
Under the doctrine of negligence per se, a defendant is liable if fails to repair and maintain a damage that causes injuries to the plaintiff. The injured party does not have to prove the defendant owed the duty because the statute establishes it.

Because the building code established the requirement for the space between an escalator step and wall cannot exceed 3/8 inches while the gap in this case was 2 inches, Transit Authority did violate the building code. Since the building code was made to prevent this sort of injury and Ebanks was meant to be protected under the building code, the Court held in favor of Ebanks under negligence per se doctrine.

Managerial Implications:
Businesses have to take a very careful look at their responsibility established by statutes or ordinances and take action to fulfill their responsibility to avoid causing injuries and therefore, avoid a lawsuit.

Result of Opposite Ruling:
Businesses would need not to always follow a statue or ordinance. A safety standard wouldn’t always be guaranteed and businesses could build their own standard of safety.

Ebanks v. New York City Transit Authority Essay

Sonia Sotomayor Biography Essay

Sonia Sotomayor Biography Essay.

Federal judge Sonia Sotomayor was born as the eldest of two children in the South Bronx area of New York City, on June 25, 1954. Parents Juan and Celina (Baez) Sotomayor, who were of Puerto Rican descent, moved to New York City to raise the family. Sotomayor’s family functioned on a very modest income; her mother was a nurse at a methadone clinic, and her father was a tool-and-die worker who died when Sotomayor was only nine years old.

Sotomayor’s first leanings toward the justice system began after watching an episode of the television show Perry Mason.

After a prosecutor on the program said he did not mind losing when a defendant turned out to be innocent, Sotomayor said she “made the quantum leap: If that was the prosecutor’s job, then the guy who made the decision to dismiss the case was the judge. That was what I was going to be.”

After their father’s death, Sotomayor’s mother worked hard to raise the children as a single parent.

She placed what Sotomayor would later call an “almost fanatical emphasis” on a higher education, pushing the children to become fluent in English and struggling to afford a set of encyclopedias to give them proper research materials for school.

Higher Education

Sotomayor graduated from Cardinal Spellman High School in the Bronx in 1972 and entered the ivy-league Princeton University. The young Latina woman felt overwhelmed by her new school; after her first mid-term paper returned to her with low marks, she sought help with more English and writing classes. She also became highly involved with the Puerto Rican groups on campus, including Accion Puertorriquena and The Third World Center. The groups, she said provided her “with an anchor I needed to ground myself in that new and different world.” She also worked with the university’s discipline committee, where she started working on her legal skills.

All of Sotomayor’s hard work paid off when she graduated summa cum laude from Princeton in 1976. She was also awarded the Pyne Prize, which is the highest academic award given to Princeton undergraduates. That same year, Sotomayor entered Yale Law School, where she was an editor for the Yale Law Journal. She received her J.D. in 1979, and passed the bar in 1980. She immediately began work as an assistant district attorney in the Manhattan borough of New York City, serving a trial lawyer under District Attorney Robert Morgenthau. Sotomayor was responsible for prosecuting robberies, assaults, murders, police brutality and child pornography cases.

Sonia Sotomayor Biography Essay

Ground Zero by Suzanne Berne Essay

Ground Zero by Suzanne Berne Essay.

“Ground zero is a great bowl of light, an emptiness that seems weirdly spacious and grand, like a vast plaza amid the dense tangle of streets in lower Manhattan” (159). This is the feeling the speaker gets when she sees the World Trade Center site for the first time after the attacks on ground zero.

The day on which the speaker went was a cold, damp March morning on the corner of Vesey and Church Streets (158). At her first glance, ground zero looked like a construction site (159) but then, upon further inspection, it became something more meaningful.

The sight before her eyes was of a crowd of people craning to see what was left of the World Trade Centers. That day the speaker feels that something is missing, not just the buildings themselves, but the atmosphere around the site was absence (158) and loss.

She was standing by an older man and his son and she overheard the old man say to his son, “’I watched those towers being built.

I saw this place when they weren’t there”’ (159). This is a big impact because this man saw the towers being built and now that they have been knocked down, he is back again to survey the damage and to once again see a place where there is nothing but devastation and suffrage.

After all this, the speaker went to find tickets to go to St. Paul’s church to get a better look at ground zero. It was around noon when she got in line to purchase tickets, but she realized that the next viewing was at four in the afternoon. As she was walking back up Fulton Street, which smelled like fish (160), when she came upon a small deli which advertised that one could see the site from the second story dining area (160). So she ordered a pastrami sandwich and went on up (160). She said, “And there at last, I got my ticket to the disaster” (160).

At the end of the essay, the speaker realizes that in a way a form of repopulation was occurring “by the act of our coming – whether we are motivated by curiosity or horror or reverence or grief or by something confusing that combines them all – that space fills up again” (160-161).

Ground Zero by Suzanne Berne Essay

New York City Essay

New York City Essay.

Three-fourths of the population resides in urban areas which range in size and character from isolated communities of 2,500 residents to such a massive sprawling megalopolis as New York City. Politics, in its broadest sense, deals with the structure of government, the factors which determine this structure, the methods of public decision making, the administration of these decisions, and the problems with which they deal. Urban Politics in America is addressed to all these aspects of politics in all types and sizes of urban communities.

It yields a number of insights into this diverse and complex subject but falls short in the larger task of providing an interpretive framework for analysis. The book opens with a ritualistic review of the history of the city and a discussion of the differing perspectives of the various social sciences. Having paid homage to the sacred cow of urbanologists, the systems approach the author proceeds into his political analysis, which incorporates only the most superficial references to economics, sociology, psychology, and demography.

Substantive discussion begins in the second chapter, which is devoted to the city state relationship.

The legal status of local government is discussed, contrasting the ideas of home rule and state sovereignty. The conclusion is the pragmatic considerations have carried the day, and that city governments have been delegated certain rights and responsibilities based on the functions they perform most effectively. Though there is some discussion of the problem of rural overrepresentation in state legislatures, the conflicts between mayors and governors and the different perspectives they may have on a wide range of issues are ignored. The relationship between the cities and the Federal Government is examined next.

The growth of direct federal to city ties is reviewed. Political, bureaucratic, and programmatic interrelationships are discussed, providing a useful framework for further analysis. The book turns next to a broad brush analysis of metropolitan problems. The balkanization of metropolitan governments including the effects of suburbanization receives close attention. The financial and administrative problems which beset local governments and special districts are analyzed, along with various solutions such as annexation, the creation of metropolitan governments, and the purchase of services from the central city, Dr.

Baker suggests that reform in the structure of government, and that the existing pragmatic agreements between the diverse local governing units are crudely effective. Turning to politics, the author argues that the nonpartisanship of most local elections does not make them apolitical. Neither, he claims, does partisanship weaken the fabric of local government, despite the fears of reformers. The days of the political machine have been ended in most cities, with the institution of civil service and other reform measures.

But there is a new style of leadership which recognizes the pluralism of its constituency, and it is inherently “political”. The idea of power elite is generally discounted, especially for larger cities, where the growth countervailing power groups has lead to the rise of politicians who can compromise competing interests. The structure of local government is then examined, comparing the relative merits of the strong and weak mayor, the council manager, and other systems. The local judiciary is discussed in terms of its impact on local policy, an interesting aspect of urban politics which often ignored.

The impact of the administrative bureaucracy is also analyzed, along with the effect of unionization among public employees. Finally, the financial aspects of local government are discussed. The liturgy of woes is familiar: costs are spiraling ahead of the major source of revenue; the property tax is inelastic; the sales tax is regressive; intergovernmental transfers are growing but not rapidly enough; and debt ceilings are unrealistic and must be circumvented in devious ways.

The last section of the book covers six very critical urban problems: planning, renewal and housing, public safety, health and welfare, education, and public works, especially transportation. The well documented pathologies that have contributed to urban difficulties are discussed in detail, but unfortunately the political aspects of the problems are given only in the most cursory analysis. Two main threads emerge, though they are not articulated at the onset.

First, urban politics are functional and do not fit any ideal forms or simple models. Second, politics at the local level are characterized by a high level of conflict between decision making and administration. Urban Politics in America tries to do too much, opting for scope rather than depth. While Dr. Baker is an excellent writer, ordering his presentation well and drawing on a wealth of materials, there is no solid structural framework. For example, there is no theory as to how size or density of population affects urban politics.

There is no explicit analysis of the political trends or where they will lead us. And the reader interested in such current critical issues as revenue sharing, neighborhood control, or racial developments in the central city will find only superficial treatment of these vital subjects. The book is a compilation of conclusions rather than an integrated body of knowledge, and it does not offer an interpretative framework for the wealth of information that it covers.

Works Cited:

Baker, John H. Urban Politics in America, New York: Cha

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New York City Essay