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LEG 500 Law, Ethics, and Corporate Governance

COURSE DESCRIPTION
Examines and evaluates the legal environment and ethical challenges of management and organizations. Reviews approaches to enhance corporate accountability, foster an ethical work environment, ensure legal compliance, and provide effective leadership in an organization. Analyzes the impact of management decisions, corporate governance, and the leaders individual conduct on a firms ability to meet its obligations to stakeholders. Evaluates alternative courses of action from an economic, legal, and ethical perspective to ensure management meets corporate responsibilities to create wealth, obey the law, and observe societys ethical standards. Examines the key elements of effective corporate governance, the predominate schools of ethical thought in relation to strategic management, and the ethical consideration for global operations.

INSTRUCTIONAL MATERIALS
Required Resources Halbert, T., & Ingulli, E. (2012). Law & ethics in the business environment (7th ed.). Mason, OH: SouthWestern Cengage Learning. Prentice, R. A., & Bredeson, D. (2010). Student guide to the Sarbanes-Oxley Act (2nd ed.). Mason, OH: South-Western Cengage Learning.

Supplemental Resources Brenkert, G. G. (2010). The limits and prospects of business ethics. Business Ethics Quarterly, 20(4), 703-709. Crawford Camiciottoli, B. (2011). Ethics and ethos in financial reporting: Analyzing persuasive language in earnings calls. Business Communication Quarterly, 74(3), 298-312. Davidson, B. I., & Stevens, D. E. (2013). Can a code of ethics improve manager behavior and investor confidence? An experimental study. Accounting Review, 88(1), 51-74. Drover, W., Franczak, J., & Beltramini, R. (2012). A 30-year historical examination of ethical concerns regarding business ethics: Who's concerned? Journal of Business Ethics, 111(4), 431-438. Smith, J., & Dubbink, W. (2011). Understanding the role of moral principles in business ethics: A Kantian perspective. Business Ethics Quarterly, 21(2), 205-231. Weber, J., & Wasieleski, D. (2013). Corporate ethics and compliance programs: A report, analysis and critique. Journal of Business Ethics, 112(4), 609-626.

COURSE LEARNING OUTCOMES


1. Analyze and apply the concepts of freedom versus responsibility and ethical decision making. 2. Compare the legal concepts of corporate governance with the ethics of corporate social responsibility. 3. Analyze and evaluate the employment-at-will doctrine and exceptions thereto, as well as the protections afforded whistleblowers. 4. Explore the legal and ethical issues surrounding employee and consumer privacy. 5. Analyze and evaluate laws that protect against discrimination in the workplace.
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LEG 500 Law, Ethics, and Corporate Governance


6. Examine and assess employee rights to health and safety in the workplace. 7. Analyze environmental protection laws and assess their impact on organizations. 8. Analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations. 9. Analyze and evaluate laws and regulations relative to product safety and liability. 10. Explore copyright laws and intellectual property rights and assess how well they balance competing interests. 11. Determine the underlying causes for passage of the Sarbanes-Oxley Act and the short- and longrun impact of full compliance. 12. Use technology and information resources to research issues in law, ethics, and corporate governance. 13. Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

WEEKLY COURSE SCHEDULE


The standard requirement for a 4.5 credit hour course is for students to spend 13.5 hours in weekly work. This includes preparation, activities, and evaluation regardless of delivery mode. Week 1 Preparation Reading(s) o Chapter 1: Law, Ethics, Business: An Introduction Preparation, Activities, and Evaluation Points

e-Activity o Research the Internet or the Strayer Library for information about Benefit Corporations (B-corps). Be prepared to discuss. Activities Discussions Evaluation 2 None 20

Preparation Reading(s) o Chapter 2: The Duty of Loyalty: Whistleblowing

e-Activity o Research the Internet or the Strayer Library for articles on Europes view of employment as a property right. Be prepared to discuss. Activities Discussions Evaluation 3 None Reading(s) Preparation 20

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LEG 500 Law, Ethics, and Corporate Governance


o Chapter 3: Privacy and Technology e-Activities o Research the Internet or the Strayer Library for articles on ways companies are using employee information and wellness programs to control health insurance premiums. Be prepared to discuss. o Research the Internet or the Strayer Library for articles on the European approach to digital privacy protection. Be prepared to discuss. Activities Discussions Evaluation 4 None Reading(s) o Chapter 4: Valuing Diversity: Stereotyping vs. Inclusion Preparation

20

e-Activity o Research the Internet or the Strayer Library for articles on issues of work / life balance in other countries (particularly European countries). Be prepared to discuss. Activities Discussions Evaluation 5 Assignment 1: Employment-At-Will Doctrine Reading(s) o Chapter 5: Workers Rights as Human Rights: Health and Safety in the Workplace Preparation 20 150

e-Activities o Use the Internet or the Strayer Library to read the Supreme Court decision in Chevron USA Inc. v. Echazabal, which reversed the Ninth Circuit decision featured in Chapter 5 of the textbook. o Research the Internet or the Strayer Library for articles on sweatshop labor practices around the world. Be prepared to discuss. Activities Discussions Evaluation 6 Midterm Exam: Chapters 1 through 4 Reading(s) o Chapter 6: Global Climate Change: Responsibility and Survival e-Activities Preparation 20 100

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LEG 500 Law, Ethics, and Corporate Governance


o Research the Internet or the Strayer Library for information on how much British Petroleum (BP) company has paid in clean-up / response costs and civil and criminal fines, penalties, and settlements as a result of the Deepwater Horizon Oil Spill. Be prepared to discuss. Research the Internet or the Strayer Library for articles on what eventually happened to the land at issue in Lucas v. South Carolina Coastal Council. Be prepared to discuss. 20

Activities Discussions Evaluation 7 None Reading(s) o Chapter 7: Marketing and Technology: Choice and Manipulation Preparation

e-Activities o Research the Internet or the Strayer Library for articles on the Supreme Court decision in Sorrell v. IMS Health Inc. and how it affected the Ayotte case in your text. Be prepared to discuss. o Watch the video titled Fast food and Children [Powerful] Advertisement (1 min 02 s). Be prepared to discuss. Video Source: twogood4you1088. (2011, April 23). Fast food and Children [Powerful] Advertisement [Video file]. Retrieved from http://www.youtube.com/watch?v=0K3F_53Sn34. This video can be viewed from within your online course shell. Activities Discussions Evaluation 8 Assignment 2: Ethics and Corporate Responsibility in the Workplace and the World Reading(s) o Chapter 8: Allocating Risk and Responsibilities: Products Liability 20 250

Preparation

e-Activities o Research the Internet or the Strayer Library for information about latest activities by the Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), and National Highway Traffic Safety Administration (NHTSA). Be prepared to discuss. o Research the Internet or the Strayer Library for information about section 402A of the Third Restatement of Torts. Be prepared to discuss. Activities
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LEG 500 Law, Ethics, and Corporate Governance


Discussions Evaluation 9 None Reading(s) o Chapter 9: Ownership, Creativity, and Innovation: Intellectual Property Preparation 20

e-Activities o Research the Internet or the Strayer Library for articles on the Copyright Alert System. Be prepared to discuss. o Research the Internet or the Strayer Library for articles on global intellectual property rights litigation. Next, find at least one case involving copyrights and at least one case concerning patents. Be prepared to discuss. Activities Discussions Evaluation 10 None Reading(s) o Prentice & Bredeson, Student guide to the Sarbanes-Oxley Act (2nd ed.) Preparation 20

e-Activity o Research the Internet or the Strayer Library for information on a 10-Q of a company with which you are familiar. Be prepared to discuss. Activities Discussions Evaluation 11 Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property 20 300

Preparation Reading(s): None Activities Discussions Evaluation Final Exam, Part 1: Chapters 1 through 5 Final Exam, Part 2: Chapters 6 through 9 20 100 100

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LEG 500 Law, Ethics, and Corporate Governance


GRADING SCALE GRADUATE
Assignment Assignment 1: Employment-At-Will Doctrine Assignment 2: Ethics and Corporate Responsibility in the Workplace and the World Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Midterm Exam (Chapters 1-4) (25 questions, worth 4 points apiece ) Final Exam (open book with a 2-hour time limit for each part) Part 1: Chapters 1 through 5 (25 questions, worth 4 points apiece) Part 2: Chapters 6 through 9 (25 questions, worth 4 points apiece) Participation (22 discussions, worth 10 points apiece) Total Total Points 150 250 300 100 200 % of Grade 12% 21% 25% 8% 16%

220 1,220

18% 100%

Points 1,098 1,220 976 1,097 854 975 Below 854

Percentage 90% 100% 80% 89% 70% 79% Below 70%

Grade A B C F

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LEG 500 Assignments and Rubrics


Assignment 1: Employment-At-Will Doctrine Due Week 4 and worth 150 points Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention. 1. John posted a rant on his Facebook page in which he criticized the companys most important customer. 2. Jim sent an email to other salespeople protesting a change in commission schedules and bonuses and suggesting everyone boycott the next sales meeting. 3. Ellen started a blog to protest the CEOs bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as know-nothings and out-of-touch 4. Bill has been using his company-issued BlackBerry to run his own business on the side. 5. The secretaries in the accounting department decided to dress in black-and-white stripes to protest a memo announcing that the company has installed keylogger software on all company computers. 6. After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy. 7. One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss. 8. Annas boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission. As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. As you proceed with your investigation, you discover the company has no whistleblower policy. Write a four to five (4-5) page paper in which you: 1. Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: a. Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. b. What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision. 2. Take a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Support the position. 3. Justify at least three (3) fundamental items that should be included in a whistleblower policy. Provide a rationale for your selection of each of the three (3) recommended items. 4. 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. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the students name, the professors name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

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LEG 500 Assignments and Rubrics


The specific course learning outcomes associated with this assignment are: Apply the concepts of freedom versus responsibility and ethical decision making. Compare the legal concepts of corporate governance with the ethics of corporate social responsibility. Analyze and evaluate the employment-at-will doctrine and exceptions, as well as the protections afforded whistleblowers. Explore the legal and ethical issues surrounding employee and consumer privacy. Use technology and information resources to research issues in law, ethics, and corporate governance. Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric. Points: 150 Criteria
1a. Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. Weight: 15%

Assignment 1: Employment-At-Will Doctrine Unacceptable Below 70% F


Did not submit or incompletely summarized the employment-at-will doctrine; did not submit or incompletely evaluated each of the eight (8) scenarios described by determining whether you can legally fire the employee; Did not submit or incompletely included an assessment of any pertinent exceptions to the employmentat-will doctrine. Did not submit or incompletely summarized the employment-at-will doctrine; did not submit or incompletely evaluated each of the eight (8) scenarios described by determining what action you should take to limit liability and impact on operations; Did not submit or incompletely

Fair 70-79% C
Partially summarized the employment-at-will doctrine; partially evaluated each of the eight (8) scenarios described by determining whether you can legally fire the employee; Partially included an assessment of any pertinent exceptions to the employmentat-will doctrine.

Proficient 80-89% B
Satisfactorily summarized the employment-at-will doctrine; satisfactorily evaluated each of the eight (8) scenarios described by determining whether you can legally fire the employee; Satisfactorily included an assessment of any pertinent exceptions to the employmentat-will doctrine.

Exemplary 90-100% A
Thoroughly summarized the employment-at-will doctrine; thoroughly evaluated each of the eight (8) scenarios described by determining whether you can legally fire the employee; Thoroughly included an assessment of any pertinent exceptions to the employmentat-will doctrine.

1b. Summarized the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining what action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision. Weight: 15%

Partially summarized the employment-at-will doctrine; partially evaluated each of the eight (8) scenarios described by determining what action you should take to limit liability and impact on operations; Partially specified which ethical theory best supports your decision.

Satisfactorily summarized the employment-at-will doctrine; satisfactorily evaluated each of the eight (8) scenarios described by determining what action you should take to limit liability and impact on operations; Satisfactorily specified which ethical theory best supports your

Thoroughly summarized the employment-at-will doctrine; thoroughly evaluated each of the eight (8) scenarios described by determining what action you should take to limit liability and impact on operations; Thoroughly specified which ethical theory best supports your decision.

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LEG 500 Assignments and Rubrics


specified which ethical theory best supports your decision. Did not submit or incompletely took a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Did not submit or incompletely supported the position. Did not submit or incompletely justified at least three (3) fundamental items that should be included in a whistleblower policy. Did not submit or incompletely provided a rationale for your selection of each of the three (3) recommended items. No references provided decision.

2. Take a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Support the position. Weight: 25%

Partially took a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Partially supported the position.

Satisfactorily took a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Satisfactorily supported the position.

Thoroughly took a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Thoroughly supported the position.

3. Justify at least three (3) fundamental items that should be included in a whistleblower policy. Provide a rationale for your selection of each of the three (3) recommended items. Weight: 30%

Partially justified at least three (3) fundamental items that should be included in a whistleblower policy. Partially provided a rationale for your selection of each of the three (3) recommended items.

Satisfactorily justified at least three (3) fundamental items that should be included in a whistleblower policy. Satisfactorily provided a rationale for your selection of each of the three (3) recommended items.

Thoroughly justified at least three (3) fundamental items that should be included in a whistleblower policy. Thoroughly provided a rationale for your selection of each of the three (3) recommended items.

4. 3 references Weight: 5%

5. Clarity, writing mechanics, and formatting requirements Weight: 10%

More than 6 errors present

Does not meet the required number of references; some or all references poor quality choices. 5-6 errors present

Meets number of required references; all references high quality choices. 3-4 errors present

Exceeds number of required references; all references high quality choices. 0-2 errors present

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LEG 500 Assignments and Rubrics


Assignment 2: Ethics and Corporate Responsibility in the Workplace and the World Due Week 7 and worth 250 points PharmaCARE (We CARE about YOUR health ) is one of the worlds most successful pharmaceutical companies, enjoying a reputation as a caring, ethical and well-run company that produced high-quality products that saved millions of lives and enhanced the quality of life for millions of others. The company offers free and discounted drugs to low-income consumers, has a foundation that sponsors healthcare educational programs and scholarships, and its CEO serves on the PhRMA board. PharmaCARE recently launched a new initiative, We CARE about YOUR world , pledging its commitment to the environment through recycling, packaging changes and other green initiatives, despite the fact that the companys lobbying efforts and PAC have successfully defeated environmental laws and regulations, including extension of the Superfund tax, which was created by Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Based in New Jersey, PharmaCARE maintains a large manufacturing facility in the African nation of Colberia, where the company has found several healers eager to freely share information about indigenous cures and an abundance of Colberians willing to work for $1.00 a day, harvesting plants by walking five (5) miles into and out of the jungle carrying baskets that, when full, weigh up to fifty (50) pounds. Due to the low standard of living in Colberia, much of the population lives in primitive huts with no electricity or running water. PharmaCAREs executives, however, live in a luxury compound, complete with a swimming pool, tennis courts, and a golf course. PharmaCAREs extensive activities in Colberia have destroyed habitat and endangered native species. Two (2) years ago, after PharmaCAREs research indicated that one of its top-selling diabetes drugs might slow the progression of Alzheimers disease, its pharmacists began reformulating that drug to maximize the effect. In order to avoid 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 set up shop in a suburban office park near its parents headquarters, and to conserve money and time, did a quick, low-cost renovation and designated Allen Jones to run the operations clean room. CompCARE benefited from PharmaCAREs 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 VA patients. Seeing the opportunity to realize even more profit, CompCARE began advertising its services and the availability of AD23 to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not supposed to sell drugs in bulk for general use. To get around this technicality, CompCARE encouraged doctors to fax in lists of bogus patient names. As production increased and hours were extended, one of Allens techs pointed out what appeared to be mold around the air vents. Allen immediately contacted the facilities supervisor, who came over to inspect the lab. As time went on, workers began coughing, sneezing, and getting headaches at work, and one employee, Donna, who had a perfect attendance record, got so sick she could no longer come to work due to chronic bronchial problems. Eventually, she filed for workers compensation. Allens best supervisor, Tom, threatened to complain to OSHA about the air quality in the lab, and one of the techs, Ayesha, filed an EEOC complaint alleging she had not been promoted to supervisor because she was a Muslim; in fact, although Ayesha was a very good worker, Allen did not believe she had the management or people skills necessary to be a good supervisor. Allen discussed these issues with his boss, the Director of Operations, who told Allen that if he wants to keep his job and receive his promised bonus, he needs to fire Donna, Tom, and Ayesha, and keep his own mouth shut about the mold and the bogus prescriptions. As CompCARE and its parent company enjoyed record profits and PharmaCAREs stock price approached $300 per share, reports started filtering in that people who received AD23 seemed to be
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LEG 500 Assignments and Rubrics


suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paid huge bonuses to all the executives and managers, including Allen, who, after being named Employee of the Year, was beginning to miss production schedules due not only to his staffs increasing use of sick leave, but also his own health issues. PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths. Both PharmaCARE and WellCo saw their stock price plummet. Write a six to eight (6-8) page paper in which you: 1. Determine all the stakeholders in this scenario. 2. Analyze the ethics of PharmaCAREs treatment of the Colberias indigenous po pulation and its rank-and-file workers versus that of its executives. 3. Determine whether Allen could legally fire each of the three (3) workers Donna, Tom, and Ayesha. Suggest steps he should take to minimize the risks to his department and the company. 4. Determine the whistleblowing opportunities, obligations, and protections that could benefit Allen. Explain why and how Allen would benefit. 5. Assess PharmaCAREs environmental initiative against the backdrop of its anti-environmental lobbying efforts and Colberian activities. Examine if this renders the companys purported environmental stewardship better or worse and if the companys public stance should carry an obligation to be a leader in environmental matters. Support the position. 6. Analyze the original purposes of and the changes to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Determine which provision(s) of CERCLA apply to PharmaCARE in the scenario provided. Support the response. 7. 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. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the students name, the professors name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are: Analyze and evaluate laws that protect against discrimination in the workplace. Examine and assess employee rights to health and safety in the workplace. Analyze environmental protection laws and assess their impact on organizations. Use technology and information resources to research issues in law, ethics, and corporate governance. Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric. Points: 250 Criteria Assignment 2: Ethics and Corporate Responsibility in the Workplace and the World Unacceptable Fair Proficient Exemplary

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LEG 500 Assignments and Rubrics


Below 70% F
1. Determine all the stakeholders in this scenario. Weight: 10% 2. Analyze the ethics of PharmaCAREs treatment of the Colberias indigenous population and its rankand-file workers versus that of its executives. Weight: 15% Did not submit or incompletely determined all the stakeholders in this scenario. Did not submit or incompletely analyzed the ethics of PharmaCAREs treatment of the Colberias indigenous population and its rank-and-file workers versus that of its executives. Did not submit or incompletely determined whether Allen could legally fire each of the three (3) workers Donna, Tom, and Ayesha. Did not submit or incompletely suggested steps he should take to minimize the risks to his department and the company. Did not submit or incompletely determined the whistleblowing opportunities, obligations, and protections that could benefit Allen. Did not submit or incompletely explained why and how Allen would benefit. Did not submit or incompletely assessed PharmaCAREs environmental initiative against the backdrop of its antienvironmental lobbying efforts and Colberian activities. Did not submit or incompletely examined if this renders the companys purported

70-79% C
Partially determined all the stakeholders in this scenario. Partially analyzed the ethics of PharmaCAREs treatment of the Colberias indigenous population and its rank-and-file workers versus that of its executives. Partially determined whether Allen could legally fire each of the three (3) workersDonna, Tom, and Ayesha. Partially suggested steps he should take to minimize the risks to his department and the company.

80-89% B
Satisfactorily determined all the stakeholders in this scenario. Satisfactorily analyzed the ethics of PharmaCAREs treatment of the Colberias indigenous population and its rank-and-file workers versus that of its executives. Satisfactorily determined whether Allen could legally fire each of the three (3) workers Donna, Tom, and Ayesha. Satisfactorily suggested steps he should take to minimize the risks to his department and the company. Satisfactorily determined the whistleblowing opportunities, obligations, and protections that could benefit Allen. Satisfactorily explained why and how Allen would benefit. Satisfactorily assessed PharmaCAREs environmental initiative against the backdrop of its antienvironmental lobbying efforts and Colberian activities. Satisfactorily examined if this renders the companys purported environmental stewardship better

90-100% A
Thoroughly determined all the stakeholders in this scenario. Thoroughly analyzed the ethics of PharmaCAREs treatment of the Colberias indigenous population and its rank-and-file workers versus that of its executives. Thoroughly determined whether Allen could legally fire each of the three (3) workers Donna, Tom, and Ayesha. Thoroughly suggested steps he should take to minimize the risks to his department and the company.

3. Determine whether Allen could legally fire each of the three (3) workersDonna, Tom, and Ayesha. Suggest steps he should take to minimize the risks to his department and the company. Weight: 15%

4. Determine the whistleblowing opportunities, obligations, and protections that could benefit Allen. Explain why and how Allen would benefit. Weight: 15%

Partially determined the whistleblowing opportunities, obligations, and protections that could benefit Allen. Partially explained why and how Allen would benefit.

Thoroughly determined the whistleblowing opportunities, obligations, and protections that could benefit Allen. Thoroughly explained why and how Allen would benefit. Thoroughly assessed PharmaCAREs environmental initiative against the backdrop of its antienvironmental lobbying efforts and Colberian activities. Thoroughly examined if this renders the companys purported environmental stewardship better

5. Assess PharmaCAREs environmental initiative against the backdrop of its anti-environmental lobbying efforts and Colberian activities. Examine if this renders the companys purported environmental stewardship better or worse and if the companys public stance should carry an obligation to be a leader in environmental matters.

Partially assessed PharmaCAREs environmental initiative against the backdrop of its antienvironmental lobbying efforts and Colberian activities. Partially examined if this renders the companys purported environmental stewardship better or worse and if the companys public

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LEG 500 Assignments and Rubrics


Support the position. Weight: 15% environmental stewardship better or worse and if the companys public stance should carry an obligation to be a leader in environmental matters. Did not submit or incompletely supported the position. Did not submit or incompletely analyzed the original purposes of and the changes to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Did not submit or incompletely determined which provision(s) of CERCLA apply to PharmaCARE in the scenario provided. Did not submit or incompletely supported the response. No references provided stance should carry an obligation to be a leader in environmental matters. Partially supported the position. or worse and if the companys public stance should carry an obligation to be a leader in environmental matters. Satisfactorily supported the position. or worse and if the companys public stance should carry an obligation to be a leader in environmental matters. Thoroughly supported the position.

6. Analyze the original purposes of and the changes to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Determine which provision(s) of CERCLA apply to PharmaCARE in the scenario provided. Support the response. Weight: 15%

Partially analyzed the original purposes of and the changes to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Partially determined which provision(s) of CERCLA apply to PharmaCARE in the scenario provided. Partially supported the response.

Satisfactorily analyzed the original purposes of and the changes to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Satisfactorily determined which provision(s) of CERCLA apply to PharmaCARE in the scenario provided. Satisfactorily supported the response.

Thoroughly analyzed the original purposes of and the changes to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Thoroughly determined which provision(s) of CERCLA apply to PharmaCARE in the scenario provided. Thoroughly supported the response.

7. 3 references Weight: 5%

8. Clarity, writing mechanics, and formatting requirements Weight: 10%

More than 6 errors present

Does not meet the required number of references; some or all references poor quality choices. 5-6 errors present

Meets number of required references; all references high quality choices. 3-4 errors present

Exceeds number of required references; all references high quality choices. 0-2 errors present

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LEG 500 Assignments and Rubrics


Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Due Week 10 and worth 300 points Review the PharmaCARE/CompCARE scenario in Assignment 2 to complete this assignment. Write a ten to twelve (10-12) 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. 2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. 3. Determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies. 4. Decide whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with: a. Utilitarianism b. Deontology c. Virtue ethics d. Ethics of care e. Your own moral / ethical compass 5. Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while coopting intellectual property in Colberia. 6. Suggest at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. 7. Compare PharmaCAREs actions with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. 8. Determine the success PharmaCARE and WellCo shareholders would have in suits against the companies. 9. Determine whether or not PharmaCARE lives up to its brand. Support the response. 10. Recommend at least three (3) changes PharmaCARE can make to be more ethical going forward. 11. 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. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the students name, the professors name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are: Analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations. Analyze and evaluate laws and regulations relative to product safety and liability.

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LEG 500 Assignments and Rubrics


Explore copyright laws and intellectual property rights and assess how well they balance competing interests. Use technology and information resources to research issues in law, ethics, and corporate governance. Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric. Points: 300 Criteria
1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Weight: 5%

Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Unacceptable Below 70% F
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. Did not submit or incompletely argued for or against Direct-to-Consumer (DTC) marketing by drug companies. Did not submit or incompletely determined who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies. Did not submit or incompletely decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with utilitarianism.

Fair 70-79% C
Partially researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Partially argued for or against Direct-toConsumer (DTC) marketing by drug companies. Partially determined who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies. Partially decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with utilitarianism.

Proficient 80-89% B
Satisfactorily researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Satisfactorily argued for or against Direct-toConsumer (DTC) marketing by drug companies. Satisfactorily determined who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies. Satisfactorily decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with utilitarianism.

Exemplary 90-100% A
Thoroughly researched three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Thoroughly argued for or against Direct-to-Consumer (DTC) marketing by drug companies. Thoroughly determined who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies. Thoroughly decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with utilitarianism.

2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Weight: 5% 3. Determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies. Weight: 10%

4a. Decide whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with utilitarianism. Weight: 5%

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LEG 500 Assignments and Rubrics


4b. Decide whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with deontology. Weight: 5% 4c. Decide whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with virtue ethics. Weight: 5% 4d. Decide whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with ethics of care. Weight: 5% 4e. Decide whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with your own moral / ethical compass. Weight: 5% 5. Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. Weight: 5% Did not submit or incompletely decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with deontology. Did not submit or incompletely decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with virtue ethics. Did not submit or incompletely decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with ethics of care. Did not submit or incompletely decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with your own moral / ethical compass. Did not submit or incompletely analyzed the way PharmaCARE uses U.S. law to protect its own intellectual property while coopting intellectual property in Colberia. Did not submit or incompletely suggested at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. Did not submit or incompletely Partially decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with deontology. Partially decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with virtue ethics. Partially decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with ethics of care. Partially decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with your own moral / ethical compass. Partially analyzed the way PharmaCARE uses U.S. law to protect its own intellectual property while coopting intellectual property in Colberia. Partially suggested at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. Partially compared PharmaCAREs Satisfactorily decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with deontology. Satisfactorily decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with virtue ethics. Satisfactorily decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with ethics of care. Satisfactorily decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with your own moral / ethical compass. Satisfactorily analyzed the way PharmaCARE uses U.S. law to protect its own intellectual property while coopting intellectual property in Colberia. Satisfactorily suggested at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. Satisfactorily compared Thoroughly decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with deontology. Thoroughly decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with virtue ethics. Thoroughly decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with ethics of care. Thoroughly decided whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with your own moral / ethical compass. Thoroughly analyzed the way PharmaCARE uses U.S. law to protect its own intellectual property while coopting intellectual property in Colberia. Thoroughly suggested at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. Thoroughly compared

6. Suggest at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. Weight: 10%

7. Compare PharmaCAREs actions

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LEG 500 Assignments and Rubrics


with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. Weight: 10% 8. Determine the success PharmaCARE and WellCo shareholders would have in suits against the companies. Weight: 5% compared PharmaCAREs actions with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. Did not submit or incompletely determined the success PharmaCARE and WellCo shareholders would have in suits against the companies. Did not submit or incompletely determined whether or not PharmaCARE lives up to its brand. Did not submit or incompletely supported the response. Did not submit or incompletely recommended at least three (3) changes PharmaCARE can make to be more ethical going forward. No references provided actions with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. Partially determined the success PharmaCARE and WellCo shareholders would have in suits against the companies. Partially determined whether or not PharmaCARE lives up to its brand. Partially supported the response. PharmaCAREs actions with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. Satisfactorily determined the success PharmaCARE and WellCo shareholders would have in suits against the companies. Satisfactorily determined whether or not PharmaCARE lives up to its brand. Satisfactorily supported the response. Satisfactorily recommended at least three (3) changes PharmaCARE can make to be more ethical going forward. Meets number of required references; all references high quality choices. 3-4 errors present PharmaCAREs actions with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. Thoroughly determined the success PharmaCARE and WellCo shareholders would have in suits against the companies. Thoroughly determined whether or not PharmaCARE lives up to its brand. Thoroughly supported the response. Thoroughly recommended at least three (3) changes PharmaCARE can make to be more ethical going forward. Exceeds number of required references; all references high quality choices. 0-2 errors present

9. Determine whether or not PharmaCARE lives up to its brand. Support the response. Weight: 5%

10. Recommend at least three (3) changes PharmaCARE can make to be more ethical going forward. Weight: 5%

Partially recommended at least three (3) changes PharmaCARE can make to be more ethical going forward. Does not meet the required number of references; some or all references poor quality choices. 5-6 errors present

11. 3 references Weight: 5%

12. Clarity, writing mechanics, and formatting requirements Weight: 10%

More than 6 errors present

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LEG 500 Student Notes


Weekly Course Schedule
The purpose of the course schedule is to give you, at a glance, the required preparation, activities, and evaluation components of your course. For more information about your course, whether on-ground or online, access your online course shell. The expectations for a 4.5 credit hour course are for students to spend 13.5 hours in weekly work. This time estimate includes preparation, activities, and evaluation regardless of the delivery mode.

Instructional Materials
In order to be fully prepared, obtain a copy of the required textbooks and other instructional materials prior to the first day of class. When available, Strayer University provides a link to the first three (3) chapters of your textbook(s) in eBook format. Check your online course shell for availability. Review the online course shell or check with your professor to determine whether Internet-based assignments and activities are used in this course. Strayer students are encouraged to purchase their course materials through our designated bookstore MBS Direct. http://bookstore.mbsdirect.net/strayer.htm If a lab is required for the course, MBS Direct is the only vendor that sells the correct registration code so that Strayer students may access labs successfully.

Discussions
To earn full credit in an online threaded discussion, students must have one original post and a minimum of one other post per discussion thread. Please note: Material in the online class will be made available on the previous Thursday. As it is always possible that students could lose their work due to unforeseen circumstances, it is a best practice to routinely save a working draft in a separate file before posting in the course discussion area. Professors hold discussions during class time for on-ground students. Check with your professor if any additional discussion participation is required in the online course shell outside of class hours.

Tests
Tests (quizzes, midterm and final exams, essay exams, lab tests, etc.) are available for student access and completion through the online course shell. Check the online course shell to determine how you are expected to take the tests. Online students are to complete the test by Monday 9:00 a.m. Details regarding due dates are posted in the Blackboard Calendar tool. On-ground students are to complete the tests after the material is covered and before the next class session.

Assignments
A standardized performance grading rubric is a tool your professor will use to evaluate your written assignments. Review the rubric before submitting assignments that have grading rubrics associated with them to ensure you have met the performance criteria stated on the rubric. Grades are based on individual effort. There is no group grading; however, working in groups in the online or on-ground classroom is acceptable.

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LEG 500 Student Notes


Assignments for online students are always submitted through the online course shell. On-ground professors will inform students on how to submit assignments, whether in paper format or through the online course shell.

Resources
The Resource Center navigation button in the online course shell contains helpful links. Strayer University Library Resources are available here as well as other important information. You should review this area to find resources and answers to common questions. Technical support is available for the following:

For technical questions, please contact Strayer Online Technical Support by logging in to your iCampus account at https://icampus.strayer.edu/login and submitting a case under Student Center, then Submit Help Ticket. If you are unable to log in to your iCampus account, please contact Technical Support via phone at (877) 642-2999. For concerns with your class, please access the Solution Center by logging in to your iCampus account at https://icampus.strayer.edu/login and submitting a case under Student Center, then Submit Help Ticket. If you are unable to log in to your iCampus account, please contact the IT Help Desk at (866) 610-8123 or at mailto:IThelpdesk@Strayer.edu.

TurnItIn.com is an optional online tool to assess the originality of student written work. Check with your professor for access and use instructions. The Strayer Policies link on the navigation bar in the online course shell contains academic policies. It is important that students be aware of these policies.

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