Memo

To:      Richard Blackwell

Re:      CadMex Pharma’s Legal Rights and Ethical Duties

Introduction

            Ethics in business are a vital part of long-term success of any organization. The CadMex Pharma’s simulation shows how important a reputation built on good business ethics is to an organization. Business ethics requires a tremendous balance of following laws, respecting cultural practices, and making a profit for any organization.  In personal lives as well as have all seen organizations that went for the profit and sacrificed everything else. These businesses ultimately suffer and do not survive.

Potential Conflicts: Legal Rights versus Ethical Duties

            CadMex Pharma’s patent to VioBlax entitles the company to obtain payment for 20 years for the use of the drug; generically made or not. However, the immediate viral threat faced in Candora requires CadMex Pharma to consider using an alternative manufacturer to Gentura. The legal rights of CadMex Pharma are the royalties from the company’s patent on VioBlax yet using moral judgment to make the best decision will save lives despite the loss of potential profits. If CadMex Pharma decides to sue the government of Candora over patent rights, the company would receive what they are entitled to but would jeopardize relations with its foreign customers. [Are you sure they would win?]

During the remodeling of my house, I discovered that the previous owner failed to stay within the property borders. Because I was spending a vast amount of money on a new block wall, I took the initiative to visit the city and inquire about the property borders. I had the city planning department visit my property and mark the property lines prior to constructing my wall. My wall and property currently sits approximately 15 feet farther from the street than any other house on the street. During the construction, the city advised me that anything built beyond my property line could be demolished by the city; so, when I built a block mailbox, I made sure it was within my property line. Shortly after, the mailman refused to deliver my mail and I was sent a legal notice that I had to move my mailbox to be within a certain distance from the middle of the street. [Was it too far from the street?] The problem was that the United States Postal Service and the City had contradicting rules. I moved the mailbox to conform to the USPS requirement when I received a legal threat from the city. Being trapped in between with no solution, I visited the city and provided them a copy of the USPS letter. In the end, the city instituted a code to allow mailboxes to meet the requirement of the USPS, which resolved my issue.

     Working in the childcare industry for years, following the state laws regarding standard immunizations for children enrolled in the school is mandatory. Quarterly inspections for the school license from the state included checking that every single child was up-to-date on their immunizations. Once, a parent wanted to enroll their child into school without the required vaccinations; however, this was against their beliefs to partake in preventative medicine. Even though the law says that every child in our school has to be up-to-date on their immunizations, we were faced with the ethical dilemma of whether to enroll or not.   Should the childcare admit the child based on purely ethical grounds, it must be done for each child following this one. It was ultimately decided that an exemption document had to be legally filed that allowed the child to attend our school. The exemption document allowed a cultural practice to be observed as well as the law.

Everyone should be familiar with the discussion regarding the “Pledge of Allegiance in Schools.”  The determination was if it were appropriate to set time aside each morning before classes to incorporate the pledge to the flag. When it was originally written, the Pledge of Allegiance went like this, “I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all. During the course of the years, so many changes have been done to incorporate the following new versus, “I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God, indivisible, with liberty and justice for all.” Many religious groups believe that this was only showing the allegiance toward God, not the Flag. This made many people feel like outsiders, and even caused conflict between students, and parents.

The U.S. Supreme Court ruled that school boards could compel them to recite the Pledge. Years later it still conflicts with those who do not believe in giving pledge to the flag.

             Every December, a call goes out from the nation’s pulpits and in the media to “put Christ back into Christmas.” One news article was that of a first-grade teacher in California whose school principal prohibited instructors from even uttering the word “Christmas” in class. The ban apparently only affects teachers, not students.

           The (2009) website said the instructor contacted CRI, to see if the school had the right to prohibit its mention. The CRI says California standards not only allow the Bible and religious topics to be mentioned in the classroom, yet teachers are encouraged to discuss their social and cultural relevance. The United States Justice Foundation was requested by CRI to research the law on the matter. The response was an open opinion stating any ban on using the word “Christmas” is an “abject violation” of the California Education Code. The teacher plans on showing this to the principal immediately. She will take it to the superintendent, if the campus remains a “no-Christmas zone.”

With the evolution of the Internet and immediate access to information came the cultural practice of downloading music free. The illegal downloading of music from the Internet became popular at the turn of the Millennium as peer-to-peer websites allowed music files to be uploaded to the Internet and shared with the rest of the world. Millions of people were downloading music as a form of file sharing, and safety behind numbers lulled people to believe that everyone is doing it so it must be ok. However, with legitimate rights to the music being downloaded, the music industry began to press charges against serious offenders. According to Bonne (2004), 35 million people were running the file sharing website, Kazaa, in 2003. With the music industry pressing charges on offenders, the numbers of users on the Kazaa site dropped to 25 million in a few short months

Conclusion

            Using the simulation as a springboard for the five examples given was an effective way to present the sometimes-complicated process it takes to make the tough decision between ethical     and lawful lines. The proposed and final resolutions were the result of balancing both sides of the situation.  A pre-defined set of answers do not exist, only the law and reasonable accommodations that must be well thought out in a case-by-case basis.

References

(2009). WorldNetDaily. Joe Kovacs. Retrieved from http://www.wnd.com/news/article.asp?ARTICLE_ID=29977

Apollo Group, Inc. (2004). Addressing International Legal and Ethical Issues [Computer Software]. Retrieved from Apollo Group, Inc., Simulation, BUS415 – Business Law website.

Bonne, J. (2004). Big drop seen in music downloads 50 percent drop in file-sharing, survey shows. Retrieved December 4, 2009 from http://www.msnbc.msn.com/id/3860823

Cheeseman., H. R. (2007). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues (5th ed.). Upper Saddle River, NJ: Pearson Education, Inc.