
When Companies Run the Courts: How Corporate Power Becomes Legal Power (with Brendan Ballou)
Pitchfork Economics with Nick HanauerShow Notes
We like to think that if a company cheats us, steals our wages, or breaks the law, we can take them to court. Unfortunately, there’s a good chance you’ve already signed that right away.
This week, Brendan Ballou returns to the podcast to explain how forced arbitration created what he calls America’s secret justice system—and why this is as much an economic story as a legal one. He joins Paul and Goldy to unpack how corporations use economic power to weaken workers’ and consumers’ legal power, why the myth of the “voluntary contract” falls apart when every option comes with the same fine print, and how making corporate misconduct harder to challenge changes the incentives that shape the entire market.
Brendan Ballou is the founder of the Public Integrity Project, a nonprofit anti-corruption law firm, and the author of When Companies Run the Courts: How Forced Arbitration Became America’s Secret Justice System.
Further reading:
When Companies Run the Courts: How Forced Arbitration Became America’s Secret Justice System
Plunder: Private Equity’s Plan to Pillage America
Pitchfork Economics: Stop the Steal: Revisiting Private Equity’s Plan to Pillage America (with Brendan Ballou)
Public Integrity Project
Social Media:
@brendanballou.bsky.social
Instagram: @brendanballou
Substack: @brendanballou
@brendanballou
Ask Pitchfork: Have a question for Nick, Goldy, or the show? Leave it in the comments on YouTube or Spotify with #askpitchfork.
Website: http://pitchforkeconomics.com
Facebook: Pitchfork Economics Podcast
Bluesky: @pitchforkeconomics.bsky.social
Instagram: @pitchforkeconomics
Threads: pitchforkeconomics
TikTok: @pitchfork_econ
YouTube: @pitchforkeconomics
LinkedIn: Pitchfork Economics
Twitter: @PitchforkEcon, @NickHanauer
Substack: The Pitch
Nick’s Substack: NickHanauer.Substack.com
More from Pitchfork Economics with Nick Hanauer
What happens to democracy when people can no longer afford the basics of everyday life?
Housing is still ridiculously expensive, and building more housing is absolutely part of the solution. But supply alone won’t fix a system where landlords have the power to jack up rents with the assistance of algorithms, and developers make more money building for the wealthiest in the market, rather than building homes a typical family can afford.
Industrial policy is back at the center of the economic debate. But tariffs, factories, and reshoring are only part of the story. In this 2023 conversation, development economist Isabel Estevez joins Nick and Goldy to argue that industrial policy is ultimately about choices: what we produce, how we produce it, and who benefits. She explains why a smart industrial strategy has to look beyond manufacturing output to workers, communities, climate, public investment, and the broader public good.
For 150 years, the price tag made a simple and universal promise: the price you saw was the price everyone saw. Now, that promise is disappearing. This week, Lindsay Owens, President and CEO of the Groundwork Collaborative returns to discuss her new book, Gouged: The End of a Fair Price — And What That Means for Your Wallet. She explains how corporations are using algorithms, personal data, and AI to figure out not what something costs, but how much you personally are willing to pay. From Instacart’s grocery experiments to the coming world of AI shopping agents, the conversation asks a basic question: If nobody knows what the real price is, can markets actually work the way we’re told they do?
Economics teaches us to think of markets as natural forces, and government as something that should only intervene when they fail. In her new book, The Common Good Economy: How to Make Capitalism Work for Us All, economist Mariana Mazzucato argues that story is backward. She joins Nick and Goldy to ask what changes when we recognize that markets are choices — shaped by rules, institutions, public investment, and power — and what that means for the kind of economy we could build instead.