Capitalisn't

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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Is the Federal Reserve’s independence a pillar of democracy or a convenient shield that allows elected officials to duck their responsibilities? This week on Capitalisn’t, we confront a shift in Washington after the Justice Department served subpoenas on the Fed. 
Joining the conversation is Former Deputy Governor of the Bank of England, Sir Paul Tucker, who complicates the definition of central bank autonomy. If monetary policy is a "latent instrument of taxation," should it be shielded from the King—the executive branch—and reclaimed by the legislature? We explore the provocative argument that the Fed has become dangerously wary of its relationship with Congress, acting as a self-governing entity rather than a delegated authority. Does the U.S. model, where the Fed defines its own version of price stability, explain the accountability gap we see when supervisory failures like the SVB collapse result in zero consequences for leadership?
Finally, we address an unsettling mystery regarding the global financial system. If Fed independence is truly degrading, why are the markets so strangely sanguine? Are global investors simply anesthetized by the AI boom, or does the dollar’s global monopoly allow the U.S. to decay without paying an immediate price? We debate whether the market has ceased to be a barometer for institutional health and instead become a tool for protecting shareholder rents—failing to interpret a "catastrophic forecast" until it is already too late.
Tucker is also the author of "Unelected Power: The Quest for Legitimacy in Central Banking and the Regulatory State" & "Global Discord: Values and Power in a Fractured World Order".

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Is the American tax code a fair engine for growth, or a "second estate" where the rich choose whether or not to pay? 
We are often told that the top 1% of earners already pay 40% of all taxes, while nearly half of Americans pay nothing at all. Legal scholar Ray Madoff argues that this statistic is a deliberate "bait-and-switch" designed to confuse the public. The reality is that the truly rich often have little to no income to tax, living instead on borrowed gains and tax-free inheritances.
In this episode, Madoff joins Luigi Zingales and Bethany McLean to discuss her new book "The Second Estate: How The Tax Code Made An American Aristocracy" covering how and why our current tax system allowed the ultra-wealthy to opt out altogether. She argues that to fix the system, we shouldn't just raise rates, we need to bring inheritances and investment gains directly into the income tax system and eliminate the "cover" provided by a broken estate tax.
 

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