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Legal and Ethical Scenarios
Select two of the scenarios provided below. Analyze the facts in the scenarios and
develop appropriate arguments/resolutions and recommendations. Support your responses
with appropriate cases, laws and other relevant examples by using at least one scholarly
source for each scenario. Do not copy the
scenarios into the paper. Cite your sources in APA format on a separate page.
Scenario I: Courts and Alternative Dispute Resolution
Alana Mendes suffered from Alzheimer’s, and was admitted to the Bay Pines
Rehabilitation Center. Because of her mental condition, Alana’s daughter, Juanita,
completed the admissions paperwork and signed the admissions agreement. The
admissions documents included a clause that required parties to submit any disputes for
arbitration. When Alana was released from the center four months later, she sued for
negligent treatment and malpractice during her stay. Bay Pines moved to require
arbitration.
This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for
medical facilities to impose mandatory arbitration? Is there really any bargaining over
such terms?
Should a person with limited mental capacity be held to the arbitration clause agreed to
by the next-of-kin who signed on behalf of that person?
Scenario II: Due Process and ADR
In 2016, a report found extremely high rates of obvious plagiarism in the theses of
graduate students in the MBA program in the College of Business at Western State
University. Two full-time faculty members and three adjuncts were identified for
ignoring their ethical responsibilities and contributing to negligence toward issues of
academic misconduct. Assistant Professor Mark Day was one of the five professors
identified in the report. The findings were published during a press conference in May
2016. The dean of the College of Business, Derrick Dawson, removed Day’s
responsibilities for advising graduate students and scheduled him for undergraduate
courses for the next semester. Day filed suit in a federal district court against Dawson,
the university, and others for violating his due process rights by publicizing accusations
about his role in plagiarism without providing him with a meaningful opportunity to clear
his name in public.
What does due process require in these circumstances?
Would the outcome be different if a mandatory arbitration clause was provided in Day’s
contract and the university filed to dismiss the suit to require arbitration?
Scenario III: Regulatory Agencies and Ethics
Jessica Smith is the vice president of new drug development at Generic Phama, Inc, a
pharmaceutical research company in Boston, Massachusetts. One year ago, she filed an
application with the Food and Drug Administration (FDA) to obtain approval of a new
drug for treating cancer. Smith met Joe Spencer at a convention three months ago and
invited him to her room at the hotel. The two parted ways. Spencer worked as the
director for approval of new drugs at the FDA. Two weeks later, Spencer wrote Smith a
letter on FDA letterhead stating, “It was nice to see your name cross my desk on our
company’s application for approval of the new cancer drug. I’d really like to see you
again. Why don’t you come visit me in Washington this weekend?”
Smith considered requesting that the petition be referred to another director at the
FDA. However, she is concerned that the transfer would delay the approval process for
at least a year. Smith’s chief scientist advised her that a key competitor plans to
introduce a similar drug on the market in three months.
Are there any legal or ethical barriers to relationships between corporate officers and
members of administrative agencies involved in reviewing or regulating corporate
activity?
What should she do?
What would you advise her to do if you were head of human resources or legal counsel
for Generic Pharma, Inc.
Submission Details:
Support your responses with examples.
Cite any sources in APA format.
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