Integrating Values The Legality Morality and Community Welfare Research RESEARCH PAPER REQUIREMENTS The paper will be a research and analytical endeavor o

Integrating Values The Legality Morality and Community Welfare Research RESEARCH PAPER REQUIREMENTS

The paper will be a research and analytical endeavor of a current, controversial, narrowly focused topic, involving an administrative agency’s rule or action, which has legal, ethical, and social responsibility ramifications. This paper will be approximately 15-25, double-spaced, pages in text length, not including cover page or Appendices.

The paper must be written according to APA style; and be carefully and currently referenced.

Appropriate references are critical. This is a research paper in addition to an analytical paper, and thus the student must use at least 6 different sources, including books and textbooks, though at the graduate level preference should be given to published journal articles. Other sources may be organizational websites, government websites, or other reputable Internet sources. Since a requirement of the paper is that the topic be a “current” one (which has occurred in the last 5 years), so too should be the references. Be sure to try to use published journal articles or books as sources, and not less-reliable Internet websites. Reference the paper very carefully and appropriately. Students may use a company’s website, but do so sparingly, and remember that what a company has on its own website may be positively biased in its favor. Academic integrity is of the utmost importance in this this paper; so cite all sources and use APA style for citations and quotations in the text.

Appearance, punctuation, grammar, neatness, and spelling count. This must be a professional looking paper at the graduate level to receive full credit. Paper should follow the MANDATORY paper format identified in detail below. Write transition sentences between sections so that the reader knows where student(s) are proceeding and why. Transition sentences also help to integrate a paper and enhance its “flow.”

Note that this is a research and analytical paper. Analyses based on the law, ethics, and social responsibility, and reasoning to conclusions based on legal, ethical, and social responsibility principles, are required, and are expected, at the graduate level. The paper must be substantive, principled-based, logical, and well reasoned at the graduate level.

Mandatory Paper Format, Outline, (including Utilitarian Ethical Model) and Grading Rubric:

Title to Paper: Integrating Values – The Legality, Morality, and Community Welfare of

___Public Charge_________________ (insert the specific agency’s rule, regulation or action that is controversial in nature and occurred in the last 5 years)

The selected topic is on “Public Charge”. However, you should identify the exact regulation which is located here: https://www.federalregister.gov/documents/2019/08/…

Abstract (very brief overview of the paper in accordance with APA rules)

Table of Contents (each main section should be a “level 1” heading in APA format)

I. Introduction (5% of paper grade)

A. Introduction of the Paper

Analytical paper – “3 value” analysis of law, ethics, and social responsibility

Current, controversial, and narrowly focused topic involving an administrative agency’s controversial rule, regulation or action that has been passed and implemented in the last 5 years.

Significance of topic to the public.

B. Background Information regarding topic

Describe the administrative agency, its history, its powers and authority

Describe who currently runs your administrative agency now and how do they get their jobs?

Place a link in your paper to the administrative agency’s home page. Describe the certain agency rule, regulation or action that was passed (ie. the regulation created)

Describe its impact on individuals or businesses and include statistics, facts, data on the effects to show the reader this is an important issue in administrative law. Often agencies take “comments” from the public and those to be regulated before they create the regulation—try to find these past comments and what were the concerns or objections of those who objected to the proposed regulation. Give one or more “real life” stories of consumers, employees, vendors, stakeholders etc… who were affected (either good or bad) by your agency’s controversial rule, regulation or action to put a human face on the topic. (like a short testimonial)

Describe to the reader the good/bad of the agency rule, regulation or action Was there any estimate as to the economic impact of the rule, regulation or action taken?

II. Legal Section (30% of paper grade)

A.Introduction to Legal Section

All administrative agencies are created by “enabling legislation”—research and cite the enabling legislation that created your specific administrative agency. Find this enabling legislation (actual statute or federal code provision) that created and empowered your agency, cite it, and link it into your paper.

Rulemaking or Adjudication—explain this two ways in which administrative agencies act and how they are different and which one requires more “due process” and why. Now which one was used to make your rule, regulation or action? Explain why you concluded this way.

B. Statement of Relevant Legal Principles and Rules of Law

oConduct Legal Research and find when the rule, regulation or action was noticed and published to the public in the federal registry or corresponding state publication—give the citation to the notice and opportunity to be heard publication and hyperlink it in your paper in this section.

oExplain generally how any rule, regulation or action can be challenged under Due Process (both Procedural Due Process and Substantive Due Process). Explain the legal elements involved when a court decides these due process attacks on administrative regulation.

oCan this controversial rule, regulation or action be challenged under either of these?

oIf so, how so. If not, why not.

oHas your specific rule, regulation or action spawned any litigation or appeals? If so, cite the case and/or administrative holding, explain the litigants (involved parties) the facts of the case, and the ultimate holding of the case. You can find court appeals cases via the link https://scholar.google.com/ (Google Scholar) or other legal research links.

o

C. Legal Conclusion as to if the agency’s rule, regulation or action was legal and provided “due process” through its enactment (then transition to Ethics Section)

III. Ethics Section (30% of paper grade as set forth below)

A.Introduction to the Ethical Section: Explain to the reader the difference between law and ethics. Define what ethics means.

Explain why government administrators are held to a heightened level of ethical standards as compared to general business managers

Some feel that law and ethics are the same, explain this thought process called “legal positivism” and define this approach and its soundness.

Under “legal positivism” approach, is your rule, regulation or action ethical?

Is “legal positivism” a sound theory for a responsible administrator to adopt? Debate this in this section of the paper.

B. Is your agency rule, regulation or action ethical under the “utilitarianism” ethical theory?

Explain the ethical theory of “utilitarianism” and explain it and how it works.

Explain the groups or individuals affected by this agency’s rule, regulation or action Under Utilitarianism, is your agency rule, regulation or action ethical? Explain and apply Utilitarianism in your rational when reaching this conclusion.

Do you feel that the agency rule, regulation or action is unethical under utilitarianism?

Why/why not?

C.Is your agency rule, regulation or action ethical under one more ethical theory (of your choice) using the theories listed in on CANVAS classroom at the bottom of the “modules” page?

Explain the ethical theory of your choice and explain it and how it works.

Apply this third ethical theory you have selected to your rule, regulation or action

Explain under this theory if your rule, regulation or action is ethical under it and explain why/why not.

D.How do you feel personally—is this agency rule, regulation or action ethical? Explain your position and logic.

IV. Community Welfare Section (20% of paper grade)

Definition of term “Community Welfare” and formulation of definitional-principle as it applies to government agencies.

Application of Community Welfare definitional-principle to the agency’s rule or action/inaction or regulation. Explain how the administrative agency’s actions, inactions, or rules or regulation either promotes or hinders community welfare principles.

Community Welfare Recommendations: Suggest the best solution to the ethical dilemma which promotes community welfare. Will your suggestion solution as to the administrative action, inaction, rule or regulation reaches a positive result as applied to the welfare of the community? Explain.

Community Welfare Conclusion

V. Conclusion (5% of paper grade)

A. Restatement of Major “3 Value” Conclusions

B. Overall Conclusions, Personal Opinions, Recommendations, and Predictions

References (5% of paper grade)

Research sources (six minimum; current; primary sources or “strong” secondary) APA style for sources and citations

Style (5% of paper grade)

Consistency of style among sections

Grammar, spelling, and punctuation

Lucidity and “flow” of writing Integration of paper

The selected topic is on “Public Charge”. However, you should identify the exact regulation which is located here: https://www.federalregister.gov/documents/2019/08/… Note that this rule was challenged in the federal courts and recently the USSCT ruled (I believe) that this rule IS Constitutional —or they denied the requested injunction. Thus, there are many resources that discuss this Public Charge Rule and you should mention how the USSCT has handled the legal challenge to this very controversial administrative agency rule. Please make sure the paper is written in the proper format and all the sections and subsections are represented (see the final paper outline required found in the “modules” link under the “introduction section”.