Capitalisn't

For decades, Americans viewed the Supreme Court as an impartial referee standing above the political fray. However, public trust in this vital institution has recently plummeted to historic lows. Many observers blame a surge in ideological rulings that align with the party of the President who appointed each justice. If the referee is suddenly wearing a team jersey, the fundamental systems of democracy and capitalism begin to break down.

Georgetown University Law Professor Steve Vladeck joins Luigi and Bethany to argue that the real culprit isn't just partisan justices, but a complete abdication of responsibility by Congress. Rather than viewing judicial reform as a zero-sum game of packing the court, he proposes that lawmakers must reclaim their constitutional authority to check judicial overreach. He explains how special interest groups have successfully manipulated this power vacuum to reshape American regulations. This perspective completely reframes the crisis from a partisan dispute into a structural collapse of institutional power.

This episode explores the hidden mechanisms that allow unaccountable judges to unilaterally rewrite the rules of our economic system, why decades of political complacency allowed this shift and what actionable steps can actually fix it. Vladeck answers whether the business community will ultimately regret enabling a system that erodes the reliable rule of law and why saving our markets may require Congress to finally stand up and do its job.

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As we approach the 250th anniversary of Adam Smith's “Wealth of Nations" this March, his theories on competition and the invisible hand remain part of the bedrock of modern economics. But, have we undermined those theories in our economy today?

Widespread public anger suggests there is a growing belief that our current economic system is fundamentally rigged by those at the top. In many instances, backroom access and elite networking appear to be driving who becomes wealthy and successful instead of meritocratic competition. What would the father of economics think about today's crony capitalism, and what would he make of the so-called "Epstein class"?

In this episode, we are joined by British Member of Parliament and author of “Adam Smith: Father of Economics” Jesse Norman. He argues that people often forget Smith deeply distrusted concentrated power, highlighting that Smith was heavily critical of wealth generated from insider knowledge or collusion. Smith condemned these practices precisely because they destroy the genuine competition required for free markets to actually benefit society.

Applying this historical lens to current events, co-host Luigi Zingales provocatively asks if the so-called “Epstein Class” embody Adam Smith’s worst fears, coordinating favors to bypass free market competition. Co-host Bethany McLeans debates whether we should call it a class, or if fixating on Epstein is a distraction from the broader systemic corruption threatening capitalism today.

This episode offers a fresh look at the father of economics, and it is the first in a series of episode we’re doing that strip away the caricatures of Adam Smith to ask what he’d really make of today’s capitalism.

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If we want to understand why capitalism feels broken, do we need to stop looking at the economy and start looking at the legal code that underpins it?

In our system, capital is often described as money, machinery, or raw materials. But Columbia Law School professor Katharina Pistor argues that capital is actually a legal invention. An asset, whether it's a plot of land, an idea, or a promise of future pay, only becomes capital when it is given the right legal coding. 

Pistor suggests that lawyers are the true coders of capitalism. They use the law to "enclose" assets, from land to user data, giving owners the power to exclude others and monetize that value. She argues for injecting principles of "fairness and reciprocity" back into private law, ensuring that contracts aren't just tools for the powerful to extract value from the weak. Luigi Zingales suggests that large corporations have become so powerful we may need a new branch of "quasi-public law" to govern the asymmetry between an individual consumer and a corporate giant.

This episode explores the deep, often invisible architecture of our economic system and asks whether we can ever truly tame corporate power without rewriting the rules of the game.

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If a sports betting app has the data to know exactly when a user is struggling financially, should it have a legal duty to cut that person off?
On this episode of Capitalisn't, we dive into the murky waters of the American sports betting explosion. We are often told that legalization simply moves an existing black market into the light, but guest Jonathan Cohen argues that the issue isn’t that we legalized the industry—it’s that we did it "recklessly."
Cohen, the Policy Lead at the American Institute for Boys and Men and author of Losing Big: America's Reckless Bet on Sports Gambling, joins Bethany and Luigi to outline the serious costs of this rapid liberalization. His data shows that legalized online sports betting is associated with a 25% to 30% increase in personal bankruptcies, a notable rise in auto loan defaults and credit card delinquencies, and increased cases of childhood neglect.
Is there a way to fix this market so that it is fair for consumers without imposing such a high degree of societal cost? Host Luigi Zingales suggests a broader solution: a "fiduciary duty" for data collectors. When you give sensitive information to a doctor, accountant, or lawyer, they are bound to use that data only in your interest. If a betting app sees a user's credit card deposits being declined or identifies a pattern of "loss chasing," should they be legally required to act in your interest instead of targeting you with VIP offers?

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Is the era of manufacturing-led growth officially over? For decades, the path to a stable middle class was paved through industrialization, but today, even manufacturing giants like China are losing millions of factory jobs to automation.
In this episode, Bethany McLean and Luigi Zingales sit down with Dani Rodrik, Ford Foundation Professor of International Political Economy at Harvard and author of Shared Prosperity in a Fractured World. Rodrik argues that we have "no other choice" but to look toward the service sector to anchor our future economy.
But there’s a problem: we still treat these essential roles as "bottom rung" jobs in terms of pay and respect. Is it possible to elevate a job’s status and pay simply because society needs it to be better? As Rodrik argues, it’s a future we must learn to navigate if we want to preserve a stable society.

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