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The Marketplace of Ideas

Law & Economics Center
Third-Party Litigation Financing
Supreme Court
Ethics In Legal Finance
Regulation Of Litigation Funding
Data Privacy
Antitrust Law
Judicial Integrity
Foreign Adversaries
Access To Justice
Legal Ethics
Corporate Finance
Federal Trade Commission
Climate Change
Artificial Intelligence
Delaware General Corporation Law
Climate Litigation
Privacy Legislation
Consumer Protection
FTC
Generative AI

The Law and Economics Center at Scalia Law is proud to offer Marketplace of Ideas, a podcast series where you will get access to original, high-quality information from events hosted by the LEC.

PublishesTwice monthlyEpisodes97Founded6 years ago
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CoursesEducation

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Artwork for The Marketplace of Ideas

Latest Episodes

Recorded on Tuesday, June 9, 2026

Background:

On April 17, 2026, the U.S. Supreme Court issued an 8-0 decision in Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al., holding that Chevron and other energy produc... more

Recorded on Friday, May 29, 2026 Background: Prediction markets—only a few years ago relegated to academic discourse—are now in the news almost daily and at the center of a vibrant policy debate. Bringing together subject matter experts to examine th... more

Event Page on the LEC Website

Recorded on Wednesday, February 11, 2026

The past year has seen major shifts in privacy policy at both the FTC and in the states. Under the Trump administration, the FTC has abandoned some prior approaches while pres... more

Event Page on LEC Website

Recorded on Tuesday, September 23, 2025

On June 16, 2025, the U.S. Supreme Court granted the petition for certiorari in Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al., Nos. 23-... more

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Recent Guests

Simone Maloz
Campaign Director, Restore the Mississippi River Delta
Restore the Mississippi River Delta
Episode: Implications for Louisiana Land Loss Lawsuits and Beyond: Analyzing SCOTUS Ruling in Chevron v. Plaquemines Parish
Brian Quintenz
Former CFTC Commissioner; Board member of KalshiEx and SWE Group Holding
KalshiEx, SWE Group Holding
Episode: Prediction Markets at the Crossroads: Innovation, Regulation, and Market Design
Ferdisha Snagg
Partner in Financial Services Practice at Cleary Gottlieb
Cleary Gottlieb
Episode: Prediction Markets at the Crossroads: Innovation, Regulation, and Market Design
Joshua Sterling
Partner at Milbank; former Director of the CFTC Market Participant Division
Milbank LLP, CFTC
Episode: Prediction Markets at the Crossroads: Innovation, Regulation, and Market Design
Maneesha Mithal
Partner at Wilson Sonsini, Co-Chair of Privacy and Data Security Practice; former FTC official (Head of DPIP)
Wilson Sonsini Goodrich & Rosati
Episode: Privacy in 2026: What Changed and What's Next?
Andrew Stivers
Managing Director at NERA, economist specializing in consumer protection and privacy
NERA Economic Consulting
Episode: Privacy in 2026: What Changed and What's Next?
John Beisner
Partner at Skadden, Arps, Slate, Meagher & Flom LLP; expert on civil procedure and Supreme Court matters
Skadden
Episode: Civil Justice Preview of the Supreme Court's 2025 – 2026 Term
Bob Peck
Founder and President of the Center for Constitutional Litigation, PC; appellate litigator
Center for Constitutional Litigation, PC
Episode: Civil Justice Preview of the Supreme Court's 2025 – 2026 Term
Sean MacDonald
Associate at Hogan Lovells; former clerk for Chancellor McCormick
Hogan Lovells
Episode: Delaware Disrupted (?): The Battle for Corporate America

Host

Donald Kochan
Professor of Law and Executive Director at the Law and Economics Center at George Mason University's Antonin Scalia Law School.

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Apple Podcasts
#193
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Apple Podcasts
#239
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Talking Points

Recent interactions between the hosts and their guests.

Privacy in 2026: What Changed and What's Next?
Q: Do you think this administration will be more aggressive in economic-focused injury in privacy cases, and how might that shape enforcement?
Andrew explains that the administration has emphasized economics in consumer protection, with both supportive and contested outcomes; he highlights the GM OnStar case and traffic data usage as examples of nuanced economic harms and efficiency arguments influencing regulatory posture.
Privacy in 2026: What Changed and What's Next?
Q: Looking back, how would you evaluate this first year of the Trump 2 FTC, and where do you see continuity or change from the prior administration?
Maneesha outlines strong continuity on child privacy and enforcement of existing laws, plus ongoing attention to Roska/negative option enforcement, while noting divergence in AI policy, content moderation, and some new rulemaking approaches.
The Intersection of Antitrust & Privacy: A Deep Dive into the U.S. v. Apple Antitrust Case
Q: How does Apple's integration of privacy and competition play into the allegations?
The discussion suggests Apple may use its reputation for privacy to justify its policies, complicating the case against it.
The Intersection of Antitrust & Privacy: A Deep Dive into the U.S. v. Apple Antitrust Case
Q: Could you offer a brief overview of the case?
The case involves the DOJ accusing Apple of violating the Sherman Act through monopolistic practices in the smartphone market, specifically concerning the App Store.
Climate Change Lawsuits and Preemption or Displacement of State Law: An Analysis of the Sunoco Cert Petition
Q: Can you do just a 30 second summary of the holding in the Hawaii Supreme Court case?
The Hawaii ruling allows the city of Honolulu to sue under Hawaii state law for damages caused by climate change, specifically asserting that the damages occurred due to emissions related to energy use worldwide.

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Frequently Asked Questions About The Marketplace of Ideas

What is The Marketplace of Ideas about and what kind of topics does it cover?

A series focusing on the intersection of law, economics, and public policy, featuring discussions with experts on pressing legal and regulatory issues. The episodes explore topics such as third-party litigation financing, antitrust law, privacy regulations, and the implications of artificial intelligence on copyright law. The conversations often include insights from legal practitioners with diverse backgrounds, fostering a comprehensive understanding of current challenges and the evolving legal landscape. Unique to this series is the emphasis on balancing innovation with ethical and regulatory considerations in highly relevant sectors.

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1. Original Jurisdiction

How many episodes of The Marketplace of Ideas are there?

The Marketplace of Ideas launched 6 years ago and published 97 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on The Marketplace of Ideas?

Recent guests on The Marketplace of Ideas include:

1. Simone Maloz
2. Brian Quintenz
3. Ferdisha Snagg
4. Joshua Sterling
5. Maneesha Mithal
6. Andrew Stivers
7. John Beisner
8. Bob Peck

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