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Capitalisn't

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

Capitalisn't

University of Chicago Podcast Network

Stigler Center, Chicago Booth, Socialism, Antitrust, University Of Chicago Podcast Network, Growth, 087667, Policy, Monopoly, Professors, Distortion, Research, Competition, Capitalisnt, Inequality, Promarket, Politics, Policymaking, Special Interest, Economics, Efficiency, Regulations, Chicago, Business, Markets, University Of Chicago, Kate Waldock, Capitalism, Friction, Bethany Mclean, Government, Macroeconomics, News, Education, Waldock, Georgetown, Microeconomics, Luigi Zingales, Zingales, Finance, Ucpn

4.5584 Ratings

🗓️ 1 May 2025

⏱️ 48 minutes

🧾️ Download transcript

Summary

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.

Transcript

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0:00.0

Everything has a price, including dignity, and at some point, the lawyers at Paul Weiss and other

0:07.4

law firms will say our dignity is not worth the firm. We would rather see the firm go down than

0:13.8

do these outrageous things. I'm Bethany McLean. Did you ever have a moment of doubt about capitalism and whether greed's a good idea?

0:24.6

And I'm Luigi Zengalis. We have socialism for the very rich, rugged individualism for the poor.

0:31.5

And this is Capital Isn't, a podcast about what is working in capitalism. First of all, tell me, is there some society you know that doesn't run on greed?

0:39.3

And most importantly, what is it?

0:41.3

We ought to do better by the people that get left behind.

0:44.3

I don't think we should have killed the capital system in the process.

0:48.3

A necessary condition for a capitalist system to develop and thrive

0:52.3

is the presence of the so-called rule of law.

0:55.4

It's universally recognized as the foundation not only of any economic development,

1:00.6

but also of our freedom. The conservative Austrian economist Ludwig van Meises

1:05.6

claims that it is, quote, the rule of law alone which hinders the rulers from turning themselves into the worst

1:12.2

gangsters. An independent judiciary is the first pillar of a rule of law system. The second one

1:19.2

is a free legal profession. Robert Gorton, a professor of law and legal history at Yale,

1:25.4

elegantly summarizes the role of lawyers. Lawyers are to be

1:28.9

independent, yet lawyer to clients. Stranders advocate for client's position, yet also supportive

1:35.6

of aims of some degree of social solidarity, bearers of universal cosmopolitan norms, but builders

1:42.2

of nations and national cultures, resisters of predatory states,

1:46.7

but not subvertors of legitimate state authority, governors of self-regulating autonomous professional

1:53.7

bodies, but not unduly self-interested.

1:57.8

Wow, according to that, the ideal lawyer is a pretty perfect person. But lawyers,

...

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