Fluent Essays

Week Seven: Research Paper – List of potential research topics To complete the Article Research Paper due in Week 7, please select a topic from the list provided below or from the chapter readings.  Is it more important for a law to be consistent or flexible?  The importance of enforcing civil law vs. the United States being the most litigious country in the world.  Coexistence of federal law and state law.  Pros and cons of strict customs enforcement vs. having an open border.  Methods for management to balance ethical dilemmas in the workplace.  Reasons behind the failing of ethical dilemmas and ways to cure these failures in the future.  Universal ethical or moral standard vs. different international ethical standards.  The importance of stare decisis vs. the need for a change in the law.  What should a lawyer do when he or she knows that his or her client is guilty of a crime?  Is it better to have judges who are elected as they are at the state level or appointed as they are at the federal level?  The pros and cons of alternative dispute resolution as compared to litigation.  The cost of litigation. Assume a defendant is confident in his or her ability to win at trial, why would it make sense to settle the case prior to trial.  Advocating for your client in the discovery process vs running up the opposition’s litigation costs with unnecessary discovery.  Separation of powers and the necessary balance between the executive, legislative, and judicial branches.  Congress’ power to regulate interstate commerce through the Commerce Clause vs. the states’ power to regulate interstate commerce through their “police powers.”  The importance of free speech as protected by the First Amendment and some important limits on this freedom.  Eminent domain vs. an individual’s right to control his or her own property.  Freedom of Information Act vs. Federal Privacy Act  The power of an administrative agency to carry out its purpose under its enabling act vs. ultra vires.  Pros and cons of tariffs. Tariffs’ effect on trade and economic impact tariffs have on the country’s economy that enforces the tariff.  What were the benefits to the United Kingdom when they were in the EU? What were the drawbacks to the United Kingdom when they were in the EU? How has all of this changed since Brexit?  Climate agreements and treaties vs. a country’s desire to flourish economically.  The constitutionality of the Patriot Act vs. the regulation of money laundering.  The protections afforded by the Fourth Amendment against unreasonable searches and seizures v. law enforcement’s desire to reduce crime.  Exceptions to the warrant requirement and why do these exceptions exist.  Defamation vs. different types of privileged speech  Cause as an element of negligence vs. intervening act  Assumption of risk and waivers. Why is signing a waiver a good thing? Are there any risks that could or should not be waived?  Nuisances vs. a landowner’s right to use his or property as he or she wishes.  Compliance with the EPA. Duty to the environment vs. The increased cost of complying with EPA regulations.  Hydrofracking. Cheap natural gas vs. any potential harms to the environment.  Subprime lending vs. the interests of an individual who wants to obtain a loan with poor credit history.  Short/simple contracts v. long contracts that consider all possibilities in a given transaction.  When do actions cease to be sales puffery and become fraud or fraudulent misrepresentation?  When do covenants not to compete go too far? Why are these covenants a good thing?  Excusal of contract performance. Penalties of inexcusable performance of a contract.  FTC regulation on advertising vs. Free Speech of the First Amendment.  Different types of product liability  Free Speech vs. discouraging anti-competitive behavior in business.  The government’s restraint on trade vs. the desire to prevent monopolistic business behavior.  Remedies on patent infringement? Are monetary remedies enough?  The difference between generics and trade names  Pros and cons of “first to file” vs. “first to invent” patent systems.  Disclosure vs. nondisclosure of a principal. Why might a principal want to remain anonymous? Why does liability change when a principal is disclosed vs. not disclosed?  Respondeat superior vs. an employee’s actions outside of employment.  At-will employment vs. employee termination for bad cause.  Risks run by whistle blowers. What protections are afforded to whistle blowers?  What factors should an entity consider when deciding to form a partnership, limited partnership, and limited liability company?  What are the pros of incorporating in Delaware? Why do so many corporations choose to incorporate in Delaware?  What are derivative lawsuits and why can they become so complicated?  What are the different ways that a company can raise capital? How does the SEC regulate these transactions?  Mergers, consolidations, and hostile takeovers.  What is the process and OSHA agent follows if he or she receives a complaint of unsafe working conditions? Examples  Workers Compensation claims vs. civil litigation after an injury in the workplace  Employees’ social media and how it can impact their job.  Operation of a labor union. What is it like to be a non-union worker in a union job?  What are right-to-work laws? What are the pros and cons of these laws?  What groups receive special constitutional protections when it comes to employment discrimination? Why do these groups receive this special treatment? Cite some relevant cases.  When is an employer vicariously liable for claims of sexual harassment made against management?  Affirmative action laws vs. the theory of reverse discrimination. There has been extensive case law on this topic. Cite some cases with details. Research Paper: This is a graduate course and students will be expected to research and write papers summarizing in their own words what they have found on current topics from the weekly readings. Research is a theoretical review of relevant literature and application of findings in the literature to a topic related to a specific industry, field, or business problem. The research must be conducted using peer-reviewed trade or academic journals. While Blogs, Wikipedia, encyclopedias, course textbooks, popular magazines, newspaper articles, online websites, etc. are helpful for providing background information, these resources are NOT suitable resources for this research assignment. Please Note: The UC Library staff are very helpful with assisting students in using the UC Online Library journal database. Please contact them if you have issues. In addition, the instructor has provided additional resources, including a research tutorial, in the “Course Resources” folder in the “Content” area of the course. Assignment Requirements: i. Choose a research topic from the chapter readings or from the list provided by your professor. ii. Research/find a minimum at least four (4), preferably five (5) or more, different peer- reviewed articles on your topic from the University of the Cumberlands Library online business database. The article(s) must be relevant and from a peer-reviewed source. While you may use relevant articles from any time frame, current/published within the last five (5) years are preferred. Using literature that is irrelevant or unrelated to the chosen topic will result in a point reduction. iii. Write a four (4) to five (5) page double spaced paper in APA format discussing the findings on your specific topic in your own words. Note - paper length does not include cover page, abstract, or references page(s). iv. Structure your paper as follows: a. Cover page b. Overview describing the importance of the research topic to current business and professional practice in your own words. c. Purpose of Research should reflect the potential benefit of the topic to the current business and professional practice and the larger body of research. d. Review of the Literature summarized in your own words. Note that this should not be a “copy and paste” of literature content, nor should this section be substantially filled with direct quotes from the article. A literature review is a summary of the major points and findings of each of the selected articles (with appropriate citations). Direct quotations should be used sparingly. Normally, this will be the largest section of your paper (this is not a requirement; just a general observation). e. Practical Application of the literature. Describe how your findings from the relevant research literature can shape, inform, and improve current business and professional practice related to your chosen topic. f. Conclusion in your own words g. References formatted according to APA style requirements Grading Criteria:  Content Knowledge & Structure (25 points): All of the requested components are completed as assigned; content is on topic and related to legal, ethical and social environment, critical thinking is clearly demonstrated (few, if any, direct quotations from the source in the paper); scholarly research is demonstrated; topics and concepts gained from the assigned reading and/or from research is evident.  Critical Thinking (15 points): Demonstrates substantial critical thinking about topics and solid interpretation of materials and reflection.  Clarity & Effective Communication (15 points): Communication is clear, concise, and well presented; scholarly writing is demonstrated; grammar, sentence structure, writing in third person, and word choice is used correctly.  Integration of Knowledge & Articles (15 points): Articles used are current and relevant (preferably published within last five (5) years and MUST be from peer-reviewed journal article publications. At least four (4) peer-reviewed journal articles are examined and analyzed in the paper.  Presentation & Writing Mechanics (30 points): Cover page, headings, in-text citations, page citations (page number citations required for specific information such as dates, years, list of items from article, names, numbers, statistics, and other specific information), and references are properly formatted. Please Note: Plagiarism will not be tolerated. The paper must be written in your own words.