In this assignment, you are to summarize the law and facts involved in a published legal opinion. Then, from the perspective of two different ethical models, you will analyze whether either party acted ethically. Finally, you will evaluate the extent to which the parties’ dispute could have been diffused or resolved had Regis/Jesuit core values been applied.
Study the landmark Colorado Supreme Court case that recognized the doctrine of at-will employment: Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 104-05 (Colo. 1992). You may also access the case through NexisUni (link available in the Library Guide; instructions for using NexisUni are posted in Course Resources, Guideline for NexisUni Searches). Although several issues of law are addressed in this case (e.g. statute of limitations), the assignment is restricted to a focus on the legal doctrine of “at will employment.”
Next, study the two fundamental ethical theories, Utilitarianism and that espoused by Immanuel Kant, as well as the Regis Jesuit values. (Library Guide – Week 2; link in Course Resources) (Week 2, From the Expert)
Using the format provided (Course Resources, Guideline for Case Analyses), your paper will have two parts: a Brief, which summarizes the law and facts at issue, and an Analysis, where you will analyze the dispute from two ethical perspectives and, then, evaluate how the use of Jesuit values would have affected the parties’ dispute.
Your paper must address the following elements:
- The Brief – outlining the facts and law of this case (1-2 pages; single spaced)
- The Analysis – compose an analysis addressing the following questions (2-3 pages; double spaced):
- From the Utilitarian perspective, was either party ethical? Why? Why not? Cite facts from the case and key elements of Utilitarianism to support your conclusion.
- From the Kantian perspective, was either party ethical? Why? Why not? Cite facts from the case and key elements of Kantianism to support your conclusion.
- Applying two of the six core Jesuit values (Week 2, Library Guide), how might the use of those principles have diffused or resolved the parties’ dispute? Cite practical examples of how the Jesuit values could have been applied.