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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Ukraine: Sanctioning the Oligarchs' Enablers With Bill Browder

Ukraine: Sanctioning the Oligarchs' Enablers With Bill Browder

As the devastation in Ukraine increases, so do the calls to end the war. Among those championing tougher actions is Bill Browder—one of Putin’s most vocal critics—and the man behind the Magnitsky Act, which authorizes the U.S. government to sanction human rights offenders. Browder has been advocating for expanding the list of sanctioned pro-Kremlin Russian oligarchs. He prescribes that Western lawyers, bankers, and other enablers of these oligarchs should also be held responsible. Browder's new book, “Freezing Order: A True Story of Money Laundering, Murder, and Surviving Vladimir Putin's Wrath”, is out April 12.

31 Mars 202241min

Ukraine: The Privatization of Sanctions with Richard Edelman

Ukraine: The Privatization of Sanctions with Richard Edelman

As the war in Ukraine continues, the world is responding not just with various government sanctions on Russia, but also with a voluntary exodus of private corporations from the Russian market. To discuss these "private sanctions" and possible motivations behind them, we invited Richard Edelman, the CEO of one of the largest public relations firms in the world. Are firms profit-maximizing in their actions? Are they responding to political or consumer pressure? Or are they simply trying to avoid a public relations nightmare? Furthermore, do these actions constitute a precedent to be followed in future conflicts?

17 Mars 202238min

Ukraine: A Restart Of History

Ukraine: A Restart Of History

After the fall of the Berlin Wall, political scientist Francis Fukuyama famously proclaimed the "end of history" and of humankind’s ideological evolution. The combination of Western liberal democracy and capitalism were seen as the final, convergent form of global human organization — surpassing geopolitical considerations. As Russia invades Ukraine, history seems to have restarted. This time the tension is not between capitalism and socialism, but between liberal capitalism and autocratic capitalism, between globalism and nativism, between a state subordinated to economic interests and economic interests subordinated to the state. Amidst this unfolding situation, Luigi and Bethany discuss how sanctions, SWIFT, the energy sector, digital platforms, new geopolitical blocks, and more are coming together to possibly reshape the course of history.

3 Mars 202229min

The Private Equity Debate: Is it a Good Investment?

The Private Equity Debate: Is it a Good Investment?

Is private equity a good investment? Jeffrey Hooke, Senior Lecturer at Johns Hopkins' Carey School of Business, claims that private equity has not been a lucrative investment for institutional investors such as pension funds or university endowments. Chicago Booth Professor Steven Kaplan, who has studied private equity for over 35 years, disagrees. Luigi and Bethany bring both Jeff and Steven on the show to debate this, and the evolution (or lack thereof) in reporting, transparency, and corporate governance in the private equity industry. What data and metrics should we look at when measuring private equity performance? How should we compare studies and analyses across time and different data sources? Moreover, does adding value to investors also necessarily mean adding value to society? Jeffery Hooke's new book "The Myth of Private Equity" is out now.

17 Feb 202259min

The Causes And Effects Of Today's Inflation, With Raghuram Rajan

The Causes And Effects Of Today's Inflation, With Raghuram Rajan

The Federal Reserve is likely to hike interest rates in March due to high inflation and the strong labor market. But where did this inflation come from? Is it transitory or is it here to stay? Whom does it hurt the most and what should be done about it? To discuss this, we invited Chicago Booth professor and former IMF chief economist Raghuram Rajan, who – when he served as India’s central banker – was charged with fighting inflation himself.

3 Feb 202254min

Meritocracy: The Genetic Lottery with Kathryn Paige Harden

Meritocracy: The Genetic Lottery with Kathryn Paige Harden

Last year, Capitalisn’t featured two episodes on the pluses and minuses of meritocracy. Supporters of meritocracy, such as Adrian Wooldrige, emphasize its ethical dimension. Critics, such as Michael Sandel, emphasize the luck component. At the end of the day, it is an empirical question, albeit a difficult one: How much of “success” is driven by effort versus luck? Luigi and Bethany sit down with Kathryn Paige Harden, behavioral geneticist, professor of psychology, and author of the book "The Genetic Lottery: Why DNA Matters for Social Equality".

20 Jan 202254min

Capitalism As A Contradiction With Yanis Varoufakis

Capitalism As A Contradiction With Yanis Varoufakis

Yanis Varoufakis is a vocal critic of capitalism. He is a Greek academic, writer, and politician – as former Minister of Finance, led negotiations during the government debt crisis of 2015. But even as the founder of the left-wing political party MeRA25 (European Realistic Disobedience Front) in 2018, he laments the bankruptcy of today’s left. He describes capitalism as a contradiction with immense advantages (innovation, wealth, gadgets, technologies) but also with an inherent tendency to cause aesthetic, moral, psychological, and financial poverty. Luigi Zingales and Bethany McLean sit down with Varoufakis to understand his diagnosis of the ills of capitalism, not as an unjust system but one that is inefficient and freedom impeding.

6 Jan 202251min

The Political Polarization of Corporate America

The Political Polarization of Corporate America

Increased polarization in America has meant more political homogeneity across our digital, social, and civic spaces. But what about our workplaces, where so many Americans spend a bulk of their time? Associate Professor of Finance at Chicago Booth, Elisabeth Kempf, has new data and research out looking at political alignment within corporate executive teams, and whether or how much it has increased over time. We sit down with Elisabeth to understand the factors which could be influencing this trend, legal structures that may or may not protect against discrimination based on political views, executive departures that may be politically motivated, and why we might care about political diversity in the workplace at all. Link to paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3784969

16 Dec 202141min

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