Corporate Compliance's Achilles Heel

The Business Lawyer, Vol. 78, Summer 2023

Brooklyn Law School, Legal Studies Paper No. 747

31 Pages Posted: 23 Aug 2023 Last revised: 7 Sep 2023

Date Written: August 17, 2023


In the two decades that have elapsed since the enactment of the Sarbanes-Oxley Act, corporate compliance has solidified into an essential, universally respected corporate governance function. And yet, its future may be compromised by a development that compliance scholars have yet to address, namely the political polarization of our society. As the workplace becomes more politically polarized, and government enforcement institutions either become or simply appear more politicized, compliance programs are apt to encounter difficulties in ensuring adequate flows of information and prompt detection and redress of wrongdoing. With Sarbanes-Oxley in its rearview mirror, this article -- written for a UCLA symposium examining Sarbanes-Oxley's impact- contextualizes this problem and with its implications in mind, explores several workplace developments, such as the rise of automation and remote work.

Keywords: compliance, polarization, Sarbanes-Oxley, corporate crime, remote work, automation, DOJ, federal prosecutors, politicization

JEL Classification: K14, K22, K42, M14, J24, G01

Suggested Citation

Baer, Miriam H., Corporate Compliance's Achilles Heel (August 17, 2023). The Business Lawyer, Vol. 78, Summer 2023 , Brooklyn Law School, Legal Studies Paper No. 747, Available at SSRN:

Miriam H. Baer (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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