Ashford 7: – Week 6 – Final Paper

 

Final Paper

 

Prepare an 11- to 15-page paper (not including the title and reference pages) that assesses a legal/ethical issue or situation relating to a current, previous, or potential future work environment. Use at least 10 scholarly sources that are suitable for research in a graduate-level course.

Your paper must include the following:

• A description of a business situation that presents a legal and ethical issue. The business situation must be from prior, current, or anticipated future employment experiences or from a current event. The description of the business situation must not exceed two pages.
• An analysis of the ethical concerns raised by the situation.
• Apply at least two different ethical theories to the situation to support at least two different outcomes.
• The paper must determine which ethical outlook as applied to this particular situation will result in the best legal outcome for the business.
• An explanation of at least three of the relevant areas of law that have been addressed in this course (e.g., constitutional law, contracts, anti-trust law, securities regulations, employment law, environmental law, crimes, or torts) and an assessment of the each area of law as it applies to the business situation identified.
• A recommendation to reduce liability exposure and improve the ethical climate or the overall ethics of the situation. Your recommendation must be supported by specific legal, ethical, and business principles. A recommendation to reduce liability exposure and improve the ethical climate or the overall ethics of the situation.

Writing the Final Paper
The Final Paper:

• Must be 11 to 15 double-spaced pages in length (not including the title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center.
• Must include a title page with the following:
• Title of paper
• Student’s name
• Course name and number
• Instructor’s name
• Date submitted
• Must begin with an introductory paragraph that has a succinct thesis statement which identifies the focus of the paper.
• Must address the topic of the paper with critical thought.
• Must end with a conclusion that reaffirms your thesis.
• Must use at least 10 scholarly sources.
• Must document all sources in APA style, as outlined in the Ashford Writing Center.

Must include a separate references page, formatted according to APA style as outlined in the Ashford Writing Center

Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.

 

Need 8-10 page paper with the following:

 

Introduction

 

Question 1

Answer 1

 

Question 2 

Answer 2

 

Question 3

Answer 3

 

Question 4

Answer 4

 

Question 5

Answer 5

 

Question 6

Answer 6

 

Question 7

Answer 7

 

Conclusion

 

You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE established itself in a suburban office park near its parent’s headquarters. To conserve money and time, CompCARE did a quick, low-cost renovation.

CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans Affairs patients. Seeing the opportunity to realize even more profit, CompCARE began advertising AD23 directly to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not permitted to sell drugs in bulk for general use. To circumvent this technicality, CompCARE encouraged doctors to fax lists of fictitious patient names to CompCARE. PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths.

As CompCARE and its new parent company enjoyed record profits and PharmaCARE’s stock price approached $300 per share, reports started surfacing that people who received AD23 seemed to be suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paying huge bonuses to all the executives and managers, including John, whose wife recently died from a heart attack after using AD23.

John has come to you with an internal company memo describing the potential problems with AD23, and information describing the company’s willingness “roll the dice” and continue to market the drug.

Your senior partner has asked you to write a memo outlining the following issues for review by the senior partners.

In preparation for this assignment, use the Internet or Strayer Library to research examples of intellectual property theft that occurred within the past two (2) years.

Write an eight to ten (8-10) page paper in which you:

1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.
2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
3. Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the FDA could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Support your response.
4. Analyze the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Suggest at least three (3) ways the company could compensate John for the use of his intellectual property.
5. Summarize at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.
6. Analyze the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.
7. Specify both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Justify your response.
8. Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.

 

 

Points: 300

Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property

Criteria

Unacceptable

Below 70% F

Fair

70-79% C

Proficient

80-89% B

Exemplary

90-100% A

1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.

Weight: 15%

Did not submit or incompletely researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question..

Partially researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.

Satisfactorily researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.

Thoroughly researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.

2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies.
Weight: 10%

Did not submit or incompletely argued for or against Direct-to-Consumer (DTC) marketing by drug companies.

Partially argued for or against Direct-to-Consumer (DTC) marketing by drug companies.

Satisfactorily argued for or against Direct-to-Consumer (DTC) marketing by drug companies.

Thoroughly argued for or against Direct-to-Consumer (DTC) marketing by drug companies.

3. Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices.  Support your response. 

Weight: 15%

Did not submit or incompletely determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices.  Did not submit or incompletely supported your response. 

Partially determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices.  Partially supported your response. 

Satisfactorily determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices.  Satisfactorily supported your response. 

Thoroughly determined the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the Food and Drug Administration (FDA) could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices.  Thoroughly supported your response. 

4. Analyze the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23.  Suggest at least three (3) ways the company could compensate John for the use of his intellectual property.

Weight: 15%

Did not submit or incompletely analyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23.  Did not submit or incompletely suggested at least three (3) ways the company could compensate John for the use of his intellectual property.

Partially analyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23.  Partially suggested at least three (3) ways the company could compensate John for the use of his intellectual property.

Satisfactorily analyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23.  Satisfactorily suggested at least three (3) ways the company could compensate John for the use of his intellectual property.

Thoroughlyanalyzed the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23.  Thoroughly suggested at least three (3) ways the company could compensate John for the use of his intellectual property.

5. Summarize at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.

Weight: 10%

Did not submit or incompletely summarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.

Partially summarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.

Satisfactorily summarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.

Thoroughlysummarized at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.

6. Analyze the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.

Weight: 10%

Did not submit or incompletely analyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.

Partially analyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.

Satisfactorily analyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.

Thoroughlyanalyzed the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.

7. Specify both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Justify your response.
Weight: 10%

Did not submit or incompletely specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Did not submit or incompletely justified your response.

Partially specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Partially justified your response.

Satisfactorily specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Satisfactorily justified your response.

Thoroughly specified both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Thoroughly justified your response.

8. 3 references

Weight: 5%

No references provided

Does not meet the required number of references; some or all references poor quality choices.

Meets number of required references; all references high quality choices.

Exceeds number of required references; all references high quality choices.

9. Clarity, writing mechanics, and formatting requirements

Weight: 10%

More than 6 errors present

5-6 errors present

3-4 errors present

0-2 errors present

 

Assignment 5: Corrections and Victims’ Rights

 

Due Week 10 and worth 200 points

 

Go to the Federal Bureau of Prisons’ (BOP) Website, and review the “Resources For Victims & Witnesses,” located at http://www.bop.gov/resources/victim_resources.jsp. Next, go to the American Correctional Association Website, and review the ACA Code of Ethics, located at http://www.counseling.org/resources/aca-code-of-ethics.pdf. Lastly, go to Cornell University Law Schools’ Website, and review “18 U.S. Code Crime § 3771 – Crime victims’ rights,” located at http://www.law.cornell.edu/uscode/text/18/3771.

 

Write a four to six (4-6) page paper in which you:

 

1) Examine the significant manner in which the Crime Victims’ Rights Act protects the rights of crime victims. Provide your opinion of the effectiveness of this piece of legislation. Justify your response.

 

2) Determine whether or not victim impact statements add value during sentencing and parole hearings. Provide a rationale for your response.

 

3) Debate which is more important to a victim: the right to be notified of proceeding or the right to participate in a proceeding. Provide a rationale for your response.

 

4) Review the following three (3) statements, and determine the key ethical responsibilities of corrections personnel associated with them.

 

1.      

a.     “Our job is not to punish.”

b.     “Legal liability issues.”

c.     “The rules don’t apply.”

 

5) Recommend two (2) strategies for ensuring that correctional employees (e.g., correctional staff, administrators, parole officers, probation officers, etc.) adhere to the ACA Code of Ethics.

 

6) Debate the importance of victims having a voice in the legal process.

 

7) Use at least three (3) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

 

 

Locating and Integrating State Laws and Ethical CodesResources

• Locating and Integrating State Laws and Ethical Codes Scoring Guide.
• APA Style and Format.
• How Do I Find Peer Reviewed Articles?
• Locating and Integrating State Laws and Ethical Codes|Transcript.
• Turnitin.

 

By now, you should have located several current sets of ethical standards used by various counseling professionals. For this assignment, reference the ACA Code of Ethics as well as any other ethical codes from professional organizations specific to your program (that is, ASCA’s 2010 Ethical Standards for School Counselors, AMHCA’s 2015Principles of AMHCA Code of Ethics, NBCC’s 2012Code of Ethics, NAADAC’s 2011 Code of Ethics).This assignment has three (3) parts.

Part One

Create an annotated reference list of ethical standards that includes at least two different ethical standards related to your program. An annotated reference list includes the citation for the document you located (in APA format); then, a brief description of the resources is included beneath the citation. The description should be written in your own words, paraphrasing the materials you’ve found (not using any direct quotes from the materials). Please format your annotated reference list to include the following three items:

Part Two

Document the location of the laws regulating the practice of counseling in your state. These will be the regulations that outline the requirements for becoming licensed/certified in the state, as well as the laws pertinent to the practice of counseling (such as requirements for continuing education, mandated reporting laws, and so on).

Do not use Counselor-License.com. The laws regulating the practice of counseling in your state can be found on your state counseling board website, or through your state counseling association. School counselors should check with the state board of education. There are also helpful resources found on the Capella Licensure Tool on iGuide. 

• In your own words: Describe where you found these laws and include the link to the Web site.
• How are notices about new laws and regulations in your state made available to practicing counselors? For example, some states allow counselors to sign up for email notices of new legislation; or it is published in the state counseling journals/newsletters. Do some research to find out how this information is provided in your own state and provide a brief description of how you will stay informed about new laws and pending legislation made available to counselors in your state. Include the full references to publications or links to Web sites where this information is provided.

Part Three

Use the presentation Locating and Integrating State Laws and Ethical Codes in this unit’s study (located in the assignment resources) to apply your knowledge of laws and ethical codes to particular issues:

Select three (3) issues from the presentation that may arise in the type of setting in which you will be workingand for each selected issue, complete the following:

• Determine whether your response to the situation would be guided by an ethical standard, a state law, or both, for each issue.
• Identify at least 2 specific state laws and 2 specific ethical standards that are relevant to each issue. In other words, list the code number for the applicable laws and the ethical standards. For example, if the case involves supervision of a counselor, I might reference the Ohio Revised Code (ORC) 4757-17-01 “Counseling supervision”, and the ACA (2014) code F.2.a. “Supervisor Preparation”.
• Write a description of why these laws/standards are applicable in this case, considering how the specific laws and codes inform responsible counseling practice.
• What are the specific decisions, actions, and/or steps you would take in order to behave in a legal, ethical, and professional manner?

Submission Requirements

Your paper should meet the following requirements:

• Written communication: Develop accurate written communication and thoughts that convey the overall goals of the assignment and do not detract from the overall message. Your paper should demonstrate graduate-level writing skills.

• References: Your reference listmust include:
  • The 2014ACACode of Ethicsand another relevant set of standards (ASCA, AMHCA, etc.) .
  • An APA-formatted link to your state’s rules and laws.
  • Distinguished submissions will likely exceed this minimum requirement.

You must use APA sixth edition style to format your references. Refer to the iGuide page APA Style and Format for more information.

• Number of pages: The length of your paper should be 4-5 double-spaced pages.Note: Page count does not include cover page or references.
• Formatting:Use 12-pt, Times New Roman font; MS Word documents only.Use APA sixth edition formatting, including correct in-text citations, proper punctuation, double-spacing throughout, proper headings and subheadings, no skipped lines before headings and subheadings, proper paragraph and block indentation, no bolding, and no bullets. Refer to the iGuide page APA Style and Format for more information.