The Freedom of Thought Podcast

Financial institutions have faced growing scrutiny for debanking customers, with no explanation. While debanking is sometimes legally necessary when banks suspect unlawful conduct, recent reports have prompted high-profile questions about the practice, including from the President himself.
 
The lack of transparency does not help. How do financial institutions determine which accounts or services will be closed? Are these decisions driven by regulatory sensitivities, perceived reputational risk, or other considerations? Should legal limits exist on financial institutions' discretion to debank? What are the rights of corporations to choose what customers to serve and what, if any, limits might apply in an industry as heavily-regulated and protected as banks? What can be done to protect citizens' rights to participate in public discourse without fear of financial exclusion?

Featuring:

Nicholas Anthony, Policy Analyst, Center for Monetary and Financial Alternatives, Cato Institute
Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau
Will Hild, Executive Director, Consumers’ Research
Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Megan McArdle, Columnist, Washington Post

Prof. Richard Epstein joins Prof. Todd Zywicki to discuss his academic journey, where he learned early on, particularly through the lens of Roman law, that legal issues cannot be understood by mere definitions, but by understanding deeper substantive theory. Prof. Epstein emphasizes valuable lessons he learned along the way, such as the importance of figuring out where one’s particular strengths lie and how to “do” law by oneself. How does one transition from a dutiful student to a sui generis thinker? Join us for an engaging discussion on Prof. Epstein’s evolution of academic thought and the adaptation of Roman law and early English common law to the world around us.

Featuring:

Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University

At this Freedom of Thought Project event, panelists will discuss the current political landscape in the U.S. and how rhetoric from political leaders impacts our judiciary, society, and our freedoms.

Featuring:

James Burnham, President, Vallecito Capital
Jay Edelson, Founder & CEO, Edelson PC
Prof. Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law School
Moderator: Megan McArdle, Columnist, Washington Post

And later featuring:

T. Elliot Gaiser, Solicitor General, Ohio
Eric Wessan, Solicitor General, Iowa
Moderator: Megan McArdle, Columnist, Washington Post

At this Freedom of Thought Project event, panelists will discuss the current political landscape in the U.S. and how rhetoric from political leaders impacts our judiciary, society, and our freedoms.

Featuring:

T. Elliot Gaiser, Solicitor General, Ohio
Eric Wessan, Solicitor General, Iowa
Moderator: Megan McArdle, Columnist, Washington Post

In Part 2, Professor Julia Mahoney joins Professor Joshua Kleinfeld to discuss freedom of thought in diverse professional worlds, from universities to law to corporations to medicine. Why have professional sectors become more ideological? Has concentration in the for-profit sector contributed to this development, and what are some possible solutions? What obligations do shareholders have to their employees? Join us for a conversation on market competition, government regulation, and more.
Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law

In Part I, Professor Julia Mahoney joins Professor Joshua Kleinfeld to delve into the complexities of governmental regulation and market power. What makes markets possible? How do institutions enable people to cooperate in a productive way? In what ways can they prohibit people from doing so? Tune in for a conversation on private power, free markets, crony capitalism, and more.
Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law

Featuring:

Hon. Andrew Ferguson, Commissioner, Federal Trade Commission
Moderator: Hon. Paul B. Matey, U.S. Court of Appeals, Third Circuit

What responsibility do states have in protecting the rights of their citizens? How should we think about rights like the freedom of speech — do rights operate primarily as a limit on government power, or do they protect the natural rights of the citizen? Which framework is more consistent with original understanding? What limits applied to freedoms of speech — to what extent were they regulable by government and for what ends? How were rights defended and enforced?

Featuring:

Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
Prof. Maimon Schwarzschild, Professor of Law, University of San Diego School of Law
Jonathan Urick, Associate Chief Counsel, U.S. Chamber of Commerce Litigation Center
Moderator: Hon. Kyle Duncan, U.S. Court of Appeals, Fifth Circuit

How did corporate rights evolve to include expressive constitutional rights akin to those of a natural person? How should we think about constitutional protections for corporate speech promoting commercial interests? Should the degree of alignment between ownership and control affect the constitutional interests of the corporation? Does SEC regulation on shareholder voting interfere with shareholders’ constitutional rights? If substantive rights like freedom of speech operate primarily as limits on government, does it matter whose rights are being protected?

Featuring:

John Ehrett, Chief Counsel, U.S. Senator Josh Hawley
Prof. Robert Miller, F. Arnold Daum Chair in Corporate Finance and Law, University of Iowa College of Law
Matt Stoller, Director of Research, American Economic Liberties Project
Eric Wessan, Solicitor General, Iowa Office of the Attorney General
Moderator: Hon. Gregory G. Katsas, U.S. Court of Appeals, District of Columbia Circuit

How did citizens understand corporate power at the Founding? What were the rights, privileges, and limits on corporations, and how did the rights of corporations compare to those of individual citizens? Should the fact that significant elements of the corporation–including their creation and ability to operate across state lines–were privileges granted by the state affect our thinking on corporate rights? And how does contemporary thinking about corporate rights align with founding-era understandings?

Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Hon. Doha Mekki, Principal Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
Lael Weinberger, Fellow, Constitutional Law Center, Stanford Law School
Moderator: Hon. Julius "Jay" Richardson, U.S. Court of Appeals, Fourth Circuit