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The Law and Ethics of K Street: Lobbying, the First Amendment, and the Duty to Create Just Laws

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  • Ostas, Daniel T.

Abstract

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions, bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby. This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions, bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.

Suggested Citation

  • Ostas, Daniel T., 2007. "The Law and Ethics of K Street: Lobbying, the First Amendment, and the Duty to Create Just Laws," Business Ethics Quarterly, Cambridge University Press, vol. 17(1), pages 33-63, January.
    • Handle: RePEc:cup:buetqu:v:17:y:2007:i:01:p:33-63_00
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    Cited by:

    1. R. W. Major & Madina Rival, 2012. "From informal practices to formal conduct: Which ethical practices and issues for French lobbying consulting?," Working Papers halshs-00709380, HAL.
    2. Anne Vijver, 2022. "Morality of Lobbying for Tax Benefits: A Kantian Perspective," Journal of Business Ethics, Springer, vol. 181(1), pages 57-68, November.
    3. Shane Leong & James Hazelton & Cynthia Townley, 2013. "Managing the Risks of Corporate Political Donations: A Utilitarian Perspective," Journal of Business Ethics, Springer, vol. 118(2), pages 429-445, December.
    4. Anne Sachet-Milliat & Jacques Igalens, 2019. "Le lobbying en France: une approche par le concept de corégulation," Post-Print hal-02872767, HAL.
    5. Edoardo Mollona & Guglielmo Faldetta, 2022. "Ethics in corporate political action: can lobbying be just?," Journal of Management & Governance, Springer;Accademia Italiana di Economia Aziendale (AIDEA), vol. 26(4), pages 1245-1276, December.
    6. Madina Rival & Richard Major, 2018. "What Lobbying Ethics and What for? The Case of French Lobbying Consulting Firms," Journal of Business Ethics, Springer, vol. 150(1), pages 99-116, June.
    7. Bäumlisberger Damian, 2020. "A Rawlsian perspective on the institutional limits of lobbying the European Commission," Journal for Markets and Ethics, Sciendo, vol. 8(1), pages 13-27, June.
    8. Pierre-Yves Néron, 2016. "Rethinking the Ethics of Corporate Political Activities in a Post-Citizens United Era: Political Equality, Corporate Citizenship, and Market Failures," Journal of Business Ethics, Springer, vol. 136(4), pages 715-728, July.

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