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?

 Legal and Ethical Scenarios

Select 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. Do not copy the scenarios into the  paper. Cite your sources in APA format on a separate page.

Scenario I: Courts and Alternative Dispute Resolution

Alana 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 ADR

In 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 Ethics

Jessica Smith is the vice president of new  drug development at Generic Phama, Inc, a pharmaceutical research  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.

Please complete this in APA format with references, 100% original no plagiarism. 

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