Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations

01 Apr 2009 05:32pm Orly Lobel 

The article reveals a deep ambivalence in the law about the role of individual dissent within public and private settings and offers a way to reconcile the conflicting demands of organizational loyalty and legal compliance. It describes the vast inconsistencies that currently exist in the laws of private sector wrongful discharge, public employee First Amendment rights, and the fiduciary duties of institutional players. Drawing on legal debates over family ties, civic disobedience, and professional roles, the article brings analytical clarity to recurring dilemmas regarding following rules while maintaining independent judgment. The article proposes sequenced protections forming a reporting pyramid which prioritizes internal problem-solving when feasible.

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