Outline: | Law

Research Requirement:

PaperOutline.docx WEEK/MODULE #4 FINAL PAPER OUTLINE (ALL highlighted sections must be completed and submitted for grading by end of week/module #4) Final Paper Authors: _______________________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: your name only if you are doing the final paper individually. Insert ALL of the team/group members’ names if you are doing the final paper in a team/group. Remember no more than 4 people per team/group) Confirm the following: All final papers will be in accordance with the below MANDATORY paper structure and I/we will have “level 1 Headings” and “Level 2 APA Headings” as identified in the below outline for each part: Do you understand these requirements: _________________________________________________ ( Insert Above: either “I UNDERSTAND” or “I DON’T UNDERSTAND”). Confirm the following: I/We realize that I/We can submit just one final paper draft to the instructor during week/module #6 only. This is optional (not grade) but a great way to get the instructor’s feedback and comments to improve our final paper. _________________________________________________ ( Insert Above: either “I UNDERSTAND” or “I DON’T UNDERSTAND”). Confirm the following: I/We realize that the final paper is broken down into a total of 28 points for this term as follows: · 1 point for final paper topic selection & submitting it to the instructor during week/module #2 · 4 points for substantially completing this outline & submitting it to the instructor during week/module #4 · 25 points for submitting the final paper to the instructor during week/module #8 _________________________________________________ ( Insert Above: either “I UNDERSTAND” or “I DON’T UNDERSTAND”). Mandatory Term Paper Format, Outline and Grading Rubric: Title Page: Integrating Values - The Legality, Morality, and Community Welfare of Federal agencies loan forgiveness regulations to cancel out $20,000.00 for each student borrower (this regulation was ruled improper by the USSCT in summer of 2023 ( Insert Above: the specific agency’s rule, regulation or action that is controversial in nature and occurred in the last 5 years) Abstract: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (Abstracts give the reader an overview of what you intend to do with this paper and how you intend to do it---but you NEVER conclude in your abstract) Body of Your Paper: (each main section should be a “level 1” heading in APA format) I. Introduction (worth 2.0 points) A. Introduction of the Paper · Analytical paper - “3 value” analysis of law, ethics, and community welfare. · 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. ____________________________________________________________________________________________________________________________________________________________ ( Insert Above: Provide a general description of your selected agency’s controversial rule, regulation action here. Remember it CANNOT be a legislative bill that was created by Congress and signed into law by the President. It must be created by a specific administrative agency. It CANNOT be a state bill that was created by the state legislature and signed into law by the Governor---it must be created by a specific administrative rule, regulation or action.) · Significance of topic to the public. B. Background Information regarding topic · Describe the administrative agency, its history, its powers and authority ____________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: Provide here the name of your administrative agency and when it was formed and what area does it regulate.) · Describe who currently runs your administrative agency now and how do they get their jobs? ____________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: Explain if your administrative agency is headed by one director or a commission or a committee. Explain who that one person is, or if it is a commission or committee then identify who currently sits on that commission). ______________________________________________________________________________________ ( Insert Above: Explain how this agency head(s) got their job) · Place a link in your paper to the administrative agency’s home page. _____________________________________________________________________________________________________________________ ( Insert Above: All administrative agencies have websites. Provide the website URL hyperlink here) · Describe the certain agency rule, regulation or action that was passed (ie. the regulation created) _____________________________________________________________________________________________________________________ ( Insert Above: Provide the citation to the agency rule, regulation or action---provide a hyperlink to display the actual governmental rule, regulation or action and NOT just an article about it. You must find the actual primary source of the law: rule, regulation or action published.) · 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. _________________________________________________________________________________________________________________________________ ( Insert Above: If your controversial administrative rule, regulation or action was produced by notice/comment procedures, provide some examples of the submitted comments here.) · 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. ____________________________________________________________________________________________________________________________________________________________________________ (Insert Above: Provide a short testimonial or description of a real life person or business that is actually harmed or negatively affected by this administrative agency’s rule, regulation or action) · 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 (worth 2.0 points) 1. Introduction to Legal Section · All administrative agencies are created by “enabling legislation”—research and cite the enabling legislation that created your specific administrative agency. ____________________________________________________________________________________________________________________________________________________________ ( Insert Above: 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.______________________________________________________________________________________________( Insert Above: which one required more “due process”?) 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 · Conduct 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. · Explain 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. · Can this controversial rule, regulation or action be challenged under either of these? · If so, how so. If not, why not. · Has 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 found in our Modules CANVAS classroom near the bottom of that page. ____________________________________________________________________________________________________________________________________________________________________ ( Insert Above: Insert any cases and links to articles or cases that you found so far ) 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 (worth 15 points) 1. Introduction to the Ethical Section: Explain to the reader the difference between law and ethics. ____________________________________________________________________________________________________________________________________________________________________________________________( Insert Above: Describe the difference between law and ethics). Define what ethics means. _______________________________________________________________________________________________________________________________________________________________ ( Insert Above: Describe what ethics means. Provide a workable definition) · 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. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: define what “legal positivism”) · Under “legal positivism” approach, is your rule, regulation or action ethical? ____________________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: Is your agency rule, regulation or action ethical under this theory or not? Explain. · 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. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: Provide here an explanation of the Utilitarianism ethical theory and how it works and what it focuses on.) · Explain the groups or individuals affected by this agency’s rule, regulation or action – this means you MUST identify and list EACH affected group of individuals and explain the affects upon them by this action (good or bad affects). You should actually list them one by one and explain their interests and if their interests are negatively or positively affected by the agency’s rule, regulation or action . Identify Each Stakeholder Explain if Impacted Negatively by Agency rule, regulation or action. Explain if Impacted Positively by Agency rule, regulation or action. · Under Utilitarianism, is your agency rule, regulation or action ethical? To reach this conclusion, you MUST weigh each of the stakeholder’s interests against each other to find the “greatest” good. This way you support your ultimate conclusion under the Utilitarianism ethical model . · Do you feel that the agency rule, regulation or action is unethical under utilitarianism? · Why/why not? _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: State your conclusion under Utilitarianism model if the your agency rule, regulation or action is producing more “good” or “harm” and if it is more “good” then your agency rule, regulation or action is ethical. If it is causing more “harm” then your agency rule, regulation or action is unethical.) 1. 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. _________________________________________________________________________________________________________________________________ ( Insert Above: Identify the 3rd ethical theory you will use in your paper to evaluate if the agency rule, regulation or action is ethical or not.) and explain it and how it works ____________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: Explain briefly how this 3rd ethical theory 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. ____________________________________________________________________________________________________________________________________________________________________________( Insert Above: When applying your third ethical theory explain if this rule, regulation or action is ethical under it and explain why/why not.) 1. How do you feel personally---is this agency rule, regulation or action ethical? Explain your position and logic. _____________________________________________________________________________________________________________________________________________________________________ ( Insert Above: Do you, or if you did your paper in a team/group, feel personally that this agency rule, regulation or action is ethical? Why/why not? ) IV. Community Welfare Section (worth 5 points) A. Administrative Agencies are branches of the government at different levels (federal, state and local) that carry out “social policies” of the government. Explain what a “social policy” is relative to administrative agencies and governments and give some past “social policies” that our federal government has furthered in the past. Here is a good video link to help you understand this: https://www.youtube.com/watch?v=mlxLX8Fto_A ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ B. What “social policy” is your administrative agency’s rule, regulation or action promoting? _ ______________________________________________________________________________________________________________________________________________________________Explain if there is an express social policy or an implicit social policy being promoted by your agency rule, regulation or action. Will the administrative agency’s rule, regulation or action be effective in promoting this “social policy”? Why/why not? Or is the articulated “social policy” really a “false flag” (or a distraction from the truth) to further some alternative government agency goal (good or bad)? C. If successful, will the administrative agency’s rule, regulation or action be beneficial to the community, industry or population’s welfare it regulates? Why/why not? ____________________________________________________________________________________________________________________________________________________________________________________________________________________ D. Community Welfare Recommendations : If you feel that the government agency rule, regulation or action is furthering a dangerous, unethical or improper social policy---explain a way to make the agency rule, regulation or action more positive and improve the community welfare of those being regulated by the rule, regulation or action. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: What are some of your specific suggestions that you would offer the administrative agency that are credible and feasible to do, that would improve community welfare. Be specific. Make recommendations on a new approach or direction of the agency if necessary and propose directly some programs it can sponsor to improve community welfare. ) E. Community Welfare Conclusion V. Conclusion (worth .50 points) A. Restatement of Major “3 Value” Conclusions B. Overall Conclusions, Personal Opinions, Recommendations, and Predictions Style & References (worth .50 points) Research sources (six minimum; current; primary sources or “strong” secondary) ·APA style for sources and citations ____________________________________________________________________________________________________________________________________________________________________________________________________________ ( Insert Above: List at least six (6) academic credible resources so far that you have relied upon or found and intend to use in your final paper. Place them in APA formatting which means more than just supplying a URL). ·Consistency of style among sections ·Grammar, spelling, and punctuation ·Lucidity and “flow” of writing ·Integration of paper