Obligation-Conflict Resolution
Case 58-1 (1958) · Case Number 58-1
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Featured
US-Agency-Engineers-Revolving-Door-Employment-Integrity-Obligation
prevails over
NSPE Policy 52 Mobility Right Ethics Conditioned Exercise — U.S. Agency Engineers
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Appearance of Unfair Insider Advantage Without Proven Violation
- Engineers Post-Employment Conflict of Interest on Same Project
- Government-Designed Project Private Execution Transition
- Prior Specialized Knowledge Bar on Same Project Execution
- Project Insider Knowledge Competitive Advantage Active
- US Agency Engineers Active Private Negotiation While Employed
- US Agency Engineers Revolving Door Transition
Insider Procurement Advantage Cloud-of-Doubt Avoidance — U.S. Agency Engineers Hydroelectric Project
prevails over
NSPE Policy 52 Mobility Right Ethics Conditioned Exercise — U.S. Agency Engineers
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Appearance of Unfair Insider Advantage Without Proven Violation
- Engineers Post-Employment Conflict of Interest on Same Project
- Government-Designed Project Private Execution Transition
- Prior Specialized Knowledge Bar on Same Project Execution
- Project Insider Knowledge Competitive Advantage Active
- US Agency Engineers Active Private Negotiation While Employed
- US Agency Engineers Revolving Door Transition
US-Agency-Engineers-Public-Basic-Plans-Non-Conversion-Obligation
prevails over
NSPE Policy 52 Mobility Right Ethics Conditioned Exercise — U.S. Agency Engineers
the yielding obligation gives way only under (defeasibleUnder):
- Appearance of Unfair Insider Advantage Without Proven Violation
- Engineers Post-Employment Conflict of Interest on Same Project
- Government-Designed Project Private Execution Transition
- Prior Specialized Knowledge Bar on Same Project Execution
- Project Insider Knowledge Competitive Advantage Active
- US Agency Engineers Active Private Negotiation While Employed
- US Agency Engineers Revolving Door Transition
Post-Public-Service Conflict Avoidance — U.S. Agency Engineers Hydroelectric Full Design Contract
prevails over
NSPE Policy 52 Mobility Right Ethics Conditioned Exercise — U.S. Agency Engineers
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Appearance of Unfair Insider Advantage Without Proven Violation
- Engineers Post-Employment Conflict of Interest on Same Project
- Government-Designed Project Private Execution Transition
- Prior Specialized Knowledge Bar on Same Project Execution
- Project Insider Knowledge Competitive Advantage Active
- US Agency Engineers Active Private Negotiation While Employed
- US Agency Engineers Revolving Door Transition
US-Agency-Engineers-Active-Employment-Private-Contract-Conclusion-Prohibition
prevails over
NSPE Policy 52 Mobility Right Ethics Conditioned Exercise — U.S. Agency Engineers
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Appearance of Unfair Insider Advantage Without Proven Violation
- Engineers Post-Employment Conflict of Interest on Same Project
- Government-Designed Project Private Execution Transition
- Prior Specialized Knowledge Bar on Same Project Execution
- Project Insider Knowledge Competitive Advantage Active
- US Agency Engineers Active Private Negotiation While Employed
- US Agency Engineers Revolving Door Transition
US-Agency-Engineers-Faithful-Agent-Obligation-Violated
prevails over
NSPE Policy 52 Mobility Right Ethics Conditioned Exercise — U.S. Agency Engineers
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Appearance of Unfair Insider Advantage Without Proven Violation
- Engineers Post-Employment Conflict of Interest on Same Project
- Government-Designed Project Private Execution Transition
- Prior Specialized Knowledge Bar on Same Project Execution
- Project Insider Knowledge Competitive Advantage Active
- US Agency Engineers Active Private Negotiation While Employed
- US Agency Engineers Revolving Door Transition
Section 19 Collective Reputation Protection — U.S. Agency Engineers Hydroelectric Procurement
prevails over
Insider Procurement Advantage Cloud-of-Doubt Avoidance — U.S. Agency Engineers Hydroelectric Project
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Appearance of Unfair Insider Advantage Without Proven Violation
- Unresolvable Cloud of Doubt Over Competitive Fairness
Open tensions recorded without a resolution:
NSPE Policy 52 Mobility Right Ethics Conditioned Exercise — U.S. Agency Engineers vs US-Agency-Engineers-International-Procurement-Competitive-Integrity
Private Firm Incumbent Advantage Non-Exploitation — Consulting Firm Hydroelectric Joint Venture vs Section 19 Collective Reputation Protection — Private Consulting Firm Joint Venture Partner
Private-Consulting-Firm-AE-Incumbent-Advantage-Non-Exploitation vs Private-Consulting-Firm-Insider-Advantage-Joint-Venture-Non-Participation
US-Agency-Engineers-Concurrent-Employment-Negotiation-Conflict-Avoidance vs US-Agency-Engineers-Faithful-Agent-Obligation-Violated
What the board concluded
- The Board believes that the men in question have violated the spirit of the Canons and Rules, although the evidence does not prove them to be in violation of specific paragraph, as now worded.