#5: (Legal Topic / Research Paper)

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This project will allow you to work on your research and writing skills while learning more about a relevant ethical and legal topic in depth.  You are to choose a topic on law that is related to two or more of the Course Objectives:

  1. Analyze and apply appropriate ethical theories to formulate a business decision framework that conforms business practices to both the law and best ethical practices.
  2. Perform stakeholder analysis and distinguish administrative and environmental laws that impact business and make recommendations to mitigate future legal issues.
  3. Assess elements of a contract and evaluate whether a duly formed contract is enforceable under the common law or Uniform Commercial Code.
  4. Create a business strategy using ethical considerations to mitigate corporate liability for claims of product liability and breach of warranty arising from the sale of defective and/or dangerous products.
  5. Create & communicate strategies to minimize risk, create value and manage legal disputes for business leaders in a global environment.

The paper should be neutral in its stance – therefore, you should present all sides of the issue.  Do not copy and paste large sections of text into your paper – also, please cite at least 6 sources other than the textbook.  Properly cite all sources used.

Technical Requirements:  The paper must be a minimum of 10 pages, but not to exceed 12 pages.  Please use 12 point font and double-spaced each line. According to APA 6th Ed. Format: Include a cover page with your name, course number and course name – also include a table of contents. NOTE: the 15 page requirement does NOT include the cover page, table of contents, bibliography, or any graphics. Use 1” margins on all four sides (top, bottom, left and right) and number all pages starting with the first written page immediately following the table of contents.

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Each project must discuss the relevant facts, ethical implications, the applicable law(s), a court’s decision and rationale (if relevant), and the student’s analysis of all parties involved. You should include a brief summary from your point of view, and, cite portions of relevant statues, regulations or cases that support your point.

 Possible Topics 

 Any other legal and ethical topic approved by the Professor in advance. Please choose any legal topic you are interested in researching and learning about.  Fair Labor or Occupational Safety or Title VII employee discrimination cases or . Why are cases still occurring so many years after the laws went into effect?  Legal issues faced by the legal marijuana growing businesses.  Affordable Care Act. How can a manager develop strategies to minimize risk, create value and to manage the legal hurdles embedded in this new law?  Privacy as a constitutional right. Is there really an inherent right to privacy? What does the right entail? Analyze privacy in the workforce and how an organization’s policy should conform to the law and best ethical practices.  Uniform Commercial Code. Define and develop elements of a contract. When is a contract enforceable under the common law or Uniform Commercial Code?  The Patriot Act – i.e. Is the federal government overreaching its powers? What are the ethical implications for the Patriot Act?  The Arthur Andersen accounting firm dissolution – Did the Justice Department act appropriately and ethically? What is the current environment for both accounting firms and clients?  The Enron scandal and legal/ethical/financial impacts. There are numerous other firms that have participated in various accounting frauds and other scandals (ie. You can present a paper on WorldCom, Global Crossing, Tyco, etc.). What business strategies can a leader develop to minimize risk and legal issues related to future financial scandals?  The Eliot Spitzer (NY’s Attorney General) situation – Can the state of NY interfere with federal procedures and audit a company organized under the federal laws rather than state laws? What were the ethical and legal issues?  Sarbanes-Oxley Act (http://www.ffhsj.com/cmemos/020802_Sarbanes.htm). How can a manager develop strategies to minimize risk, create value and to manage legal disputes when dealing with this law?  Price-Waterhouse sexual discrimination case. (Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed 2nd 268 (1989)). How can a manager develop strategies to minimize risk, create value and to manage legal disputes related to sexual discrimination in the workforce?  The state of the Bill of Rights – i.e. What does it mean to have freedom of speech, a freedom of assembly, etc. Are there limitations in the business world or are these freedoms all encompassing? What are the ethical and legal considerations related to the Bill of Rights for businesses?  Firestone’s tire recall. Where does the liability rest regarding FirestoneBridgestone and Ford? Develop a business strategy in a corporate liability case  arising from the sale of defective and dangerous products. This includes ethical considerations to minimize liability for claims of product liability and breach of warranty 

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