The Economics of Law Firms’ Resistance to Trump, with John Morley

The Economics of Law Firms’ Resistance to Trump, with John Morley

The rule of law is essential to the flourishing of liberal democracy and capitalism. Yet, it is now under pressure in the United States, and corporate law firms are in the eye of the storm. Over the last few weeks, President Donald Trump has issued executive orders against several prominent law firms that represented his political adversaries and promoted diversity, equity, and inclusion (DEI) initiatives. Some of these law firms have caved into the administration’s demands to end such practices and provide pro bono services to the government, whereas others are fighting back.

To discuss the financial reasons why some firms have capitulated while others have held out, and what the consequences are for the survival of the rule of law, Bethany and Luigi speak to John Morley, Augustus E. Lines Professor of Law at Yale University and an expert on the economics of law. Are Trump’s orders unconstitutional, and if so, why have so many law firms reached a deal with him? How have changes to law firms’ business models left them particularly vulnerable to a moment like this? Why are some firms more vulnerable to political attacks than others? Together, the three discuss the firms’ reciprocal agreements with the administration, the possibilities for a collective-action response, and how this moment may profoundly reshape the future of law, democracy, and capitalism in America.

Show Notes:

Watch a recording of the panel “Antitrust and the 1st Amendment” from the 2025 Stigler Center Antitrust and Competition Conference, featuring Greg Day, Eleanor Fox, and Matt Stoller, and moderated by Maciej Bernatt. The panel highlights how antitrust may stand in the way of collective action, competitive markets, and free speech.

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Martin Wolf: Is Capitalism Killing Democracy?

Martin Wolf: Is Capitalism Killing Democracy?

Read the following articles in ProMarket:There Is a Direct Line from Milton Friedman to Donald Trump's Assault on Democracy, by Martin WolfGeorge Stigler and the Challenge of Democracy, by Anat AdmatiCorporations Are Not “We the People,” by Geoffrey StoneeBook: Milton Friedman 50 Years Later, a ReevaluationAlso, check out relevant past Capitalisn't episodes:Why Capitalism Needs DemocracyThe Breaking Point Of Democracy With Morton Schapiro and Gary Morson

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Google: The New Vampire Squid? With Dina Srinivasan

Google: The New Vampire Squid? With Dina Srinivasan

In a Wall Street Journal article about Google’s Secret ‘Project Bernanke,’ Jeff Horwitz and Keach Hagey quoted Google Chief Economist Hal Varian's answer to a question he was asked during the Stigler Center's 2019 Antitrust and Competition Conference. Watch the video excerpt here."Why Google Dominates Advertising Markets," by Dina Srinivasan, Stanford Technology Law Review, December 2019Read ProMarket's ongoing coverage of Google here.

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The End Of China’s Miracle?

The End Of China’s Miracle?

Show notes:On February 9th, 2023, "China’s New Covid Strategy," the next webinar in the Stigler Center's series on China's political economy, will feature Chang-Tai Hsieh, along with Schwarzman Scholars/Harvard Medical School's Joan Kaufman and the Financial Times' Nian Liu (Stigler Center Journalist in Residence, 2021). Register here.Revisit previous webinars hosted by the Stigler Center on China’s political economy and read a summary: https://www.promarket.org/2023/02/02/event-notes-chinas-political-economy-in-review/ Economists share blame for China’s ‘monstrous’ turn, Janos Kornai in the Financial Times.

2 Feb 202350min

Shattering Immigration Myths: Data Beyond Borders

Shattering Immigration Myths: Data Beyond Borders

19 Jan 202335min

Revisiting The Meritocracy Debate With Adrian Wooldridge And Michael Sandel

Revisiting The Meritocracy Debate With Adrian Wooldridge And Michael Sandel

Capitalisn't will be back in your feeds with a brand new episode on January 19. Don't forget to rate and review our podcast if you haven't already, and leave us a voicemail at https://www.speakpipe.com/Capitalisnt.

5 Jan 202354min

He Foresaw Inflation. Here’s What He Expects Next. Feat. Lord Mervyn King

He Foresaw Inflation. Here’s What He Expects Next. Feat. Lord Mervyn King

22 Dec 202248min

Taylor Swift, Ticketmaster, and Chokepoint Capitalism with Cory Doctorow

Taylor Swift, Ticketmaster, and Chokepoint Capitalism with Cory Doctorow

Read an excerpt from the book here: https://www.promarket.org/2022/10/03/why-streaming-doesnt-pay/

8 Dec 202256min

The "Woke" Capitalism Game With Vivek Ramaswamy

The "Woke" Capitalism Game With Vivek Ramaswamy

We're taking the holiday off to be with our families, but that doesn't stop the economic news. And there is no story bigger than the collapse of the crypto exchange, FTX. One aspect that attracted our attention was Sam Bankman-Fried, the young CEO of FTX, officially bought into a philosophy called Effective Altruism, where you make the most money to give it to the poor. However, in a text exchange with a Vox reporter SBF said "this dumb game we woke westerns play where we say all the right things and so everybody likes us". It reminded us of what Vivek Ramaswamy said about woke capitalism on the show last year. We've decided to replay that show for you, and we'll be back in two weeks with a brand new episode of Capitalisn't. Vivek Ramaswamy, a scientist, lawyer, and former venture capitalist and entrepreneur, has a new book out: "Woke, Inc.: Inside Corporate America's Social Justice Scam". In this book, he argues that "wokeism" has become a way for corporations to wrap themselves in a mantle, which then furthers the idea of crony capitalism and extends their power into spaces they were never meant to be in. Luigi Zingales and Bethany McLean sit down with Ramaswamy to discuss his perspectives on the role of virtue, ethics, and politics in business and society.

24 Nov 202250min

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