course material

1. Legal and Ethical Scenarios Select two of the scenarios provided below.
Analyze
Legal and Ethical ScenariosSelect 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 from the SUO Library in addition to your textbook for each
scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a
separate page. Submit the paper to the Submissions Area by the due date assigned.Scenario
I: Courts and Alternative Dispute ResolutionAlana 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 ADRIn 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 EthicsJessica Smith is the vice
president of new drug development at Generic Phama, Inc, a pharmaceutical research

2. 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.