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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The Failure of Russian Capitalism With Bill Browder

The Failure of Russian Capitalism With Bill Browder

On this podcast we mostly talk about what isn’t working in American capitalism. But, on this episode, we're taking a break to look at how capitalism can go wrong in other countries, specifically...Russia. And we’re going to do that with a very special guest, Putin's so-called number one enemy, Bill Browder.

2 Jan 202037min

Silicon Valley’s Corporate Culture Problem With Mike Isaac

Silicon Valley’s Corporate Culture Problem With Mike Isaac

Does Silicon Valley have a capitalism problem or does capitalism have a Silicon Valley problem? On this episode, Kate and Luigi sit down with Mike Isaac, New York Times technology reporter and author of "Super Pumped: The Battle For Uber " to find out if these tech startups have a toxic corporate culture issue.

19 Dec 201935min

Optimizing Our Healthcare System

Optimizing Our Healthcare System

You don't need us to tell you there's something very wrong with the American healthcare system. The real question is: what can we actually do to fix it? Could Democratic candidates Elizabeth Warren and Bernie Sanders be right that Medicare for all would be better? Would a single-payer system fix all the frictions in the industry? On this episode, Kate and Luigi delve into the economics and capitalism of the healthcare debate.

5 Dec 201939min

Shareholder Vote Suppression With SEC Commissioner Rob Jackson

Shareholder Vote Suppression With SEC Commissioner Rob Jackson

A common theme on our podcast is whether shareholders have too much power. But if we were going to redistribute that power, to whom should it go? Two recently proposed rule changes at the SEC would transfer more power to CEOs. But do we really want to empower managers to operate with less checks and balances? This week, Kate and Luigi sit down with SEC Commissioner Rob Jackson to talk through these issues and debate the proposed SEC rules.

21 Nov 201939min

Is Elizabeth Warren Right About Private Equity?

Is Elizabeth Warren Right About Private Equity?

Presidential candidate Elizabeth Warren blames private equity for many of the issues in our economy. She plans to reign it in and regulate it with her new bill the "Stop Wall Street Looting Act". On this episode, Kate and Luigi explain how private equity really works, whether it’s bad or good for society, and they dissect Warren’s proposal to regulate these firms.

7 Nov 201937min

College Admission (In)Justice: Harvard and Beyond

College Admission (In)Justice: Harvard and Beyond

Getting into the right college is arguably more important than ever, which has put the justice or injustice of admissions processes in the spotlight. On this episode, Kate and Luigi give a fresh perspective on a recent admissions trial involving Harvard, explain its implications for college admissions in general, and ask whether the way elite universities choose their students is an example of capitalism working or failing.

24 Okt 201936min

What It Takes To Win The Nobel Prize In Economics

What It Takes To Win The Nobel Prize In Economics

On this episode, Kate and Luigi explain how to win the econ Nobel, why it's important, and they attempted to predict who the 2019 winner might be.

10 Okt 201935min

Economic Research: Nothing Precisely or Precisely Nothing?

Economic Research: Nothing Precisely or Precisely Nothing?

On this episode, you're going to hear how the sausage gets made in economic research as Kate and Luigi personally investigate whether private equity is to blame for the retail apocalypse.

26 Sep 201935min

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