Over at Jotwell. Some key grafs:
Ronald Gilson famously said that lawyers were transaction-cost engineers and thereby made the corporate pie grow larger. Having followed engineers inside the corporation, lawyers may find themselves becoming organizational legal engineers. Professor Arlen tells us that designing effective compliance systems will make the corporate pie grow larger. How else can organizational legal engineers make the pie grow larger?
Professor Arlen indicates that she is now reviewing deferred prosecution agreements to uncover the variety of government mandates and compliance programs that they include. Her research undoubtedly will uncover other skills necessary for the design and implementation of effective corporate policing. Given the needs of law students, let’s hope some of these skills are lawyerly ones. And that without their work, we can only expect The Failure of Organizational Sentencing Guidelines.