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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Is “Woke” Capitalism A Threat To Democracy?

Is “Woke” Capitalism A Threat To Democracy?

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.

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How Antitrust Failed Workers With Eric Posner

How Antitrust Failed Workers With Eric Posner

The monopoly power of massive tech platforms has thrust antitrust law back into the spotlight in recent years. But while everyone was focused on monopoly power, a handful of academics have actually been looking into monopsony power. Specifically, how employers in highly concentrated labor markets use anticompetitive methods to suppress wages. University of Chicago Law Professor Eric Posner has a new book out that tackles this issue called “How Antitrust Failed Workers”. He makes the case for why we need to use the mirror side of antitrust law to tackle the increasing monopsony power in the U.S.

18 Nov 202150min

A Turning Point In The History Of Capitalism?

A Turning Point In The History Of Capitalism?

Histories are often relegated to the sidelines of economic study. But what do we lose in our theories when we only focus on the math and models? In his new book, “Ages of American Capitalism”, University of Chicago historian Jonathan Levy looks at the turning points in the history of capitalism and what those moments can teach us about today.

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Is Evergrande Really China’s Lehman Moment?

Is Evergrande Really China’s Lehman Moment?

In September China's second largest real-estate developer, Evergrande, missed an $83.5 million debt payment. Skeptics and bears on China have long said that its property market, which makes up some 30 percent of GDP, is over-leveraged and overheated. The recent news has people asking...are the bears right, and could this be China's Lehman Moment. On this episode we look at two sides of that argument, first with one of the world's most renowned bears on China, Jim Chanos who is the found of Kynikos Associates, an investment advisor focused on short selling. Then we take the a different view with Zhiguo He, a financial economist at the University of Chicago and faculty director of BFI-China at the Becker Friedman Institute for Research in Economics.

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Is Discrimination Still Causing The Gender Pay Gap With Claudia Goldin

Is Discrimination Still Causing The Gender Pay Gap With Claudia Goldin

If Claudia Goldin, Professor of Economics at Harvard University, wins the Nobel Prize in Economics next week, no-one will be surprised. Her work studying the intersection of gender and labor has been vital, both to the world and the field. But there's a curious argument in her newest book "Career and Family: Women’s Century-Long Journey Toward Equity". Goldin says that though the gender pay gap persists, it's not clear that gender discrimination is the cause. She thinks that job design may be the real culprit, and that we need to rethink the flexibility and substitutability of work. She joins us to discuss her book on this episode! Plus, in light of leaked internal research showing Facebook has known their products are harmful to kids and teenagers, we discuss whistleblowers and data-blackboxes for this week's capital is/isn't.

7 Okt 202151min

Why Capitalism Isn't Without Democracy

Why Capitalism Isn't Without Democracy

We’re taking a week off as school starts back up, but we wanted to reshare this episode with you this week. For a show about economics, we talk about democracy a lot. But there’s an important reason for that. Without a strong democracy to build capitalism on top of, it’ll always be an isn’t. So please enjoy our conversation about the important intersections of capitalism and democracy. We’ll be back in two weeks with an all new Capitalisn't.

23 Sep 202125min

The Smoke and Mirrors of ESG Investing with Tariq Fancy

The Smoke and Mirrors of ESG Investing with Tariq Fancy

Environmental, social and governance investing, also know as ESG, has exploded in recent years. It promises to help us solve problems like climate change and inequality all while allowing investors to still turn a profit. But BlackRock’s former global chief investment office for sustainable investing, Tariq Fancy, says it isn't what's being advertised. Recently, he penned a blog post claiming that not only are ESGs not making societal problems better, they may actively be making them worse.

9 Sep 202151min

The Breaking Point Of Democracy With Morton Schapiro and Gary Morson

The Breaking Point Of Democracy With Morton Schapiro and Gary Morson

Capitalism doesn't work without democracy. So, it's particularly concerning that polarization and fundamentalism are threatening the underlying principles that make our democracy possible. A new book by Northwestern President and economist Morton Schapiro and literary scholar Gary Saul Morson called "Minds Wide Shut" explores the forces that are destroying the open-mindedness democracy requires. We talk with them about their book and discuss solutions on this episode.

27 Aug 202145min

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