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19 U. St. Thomas L.J. 1 (2023)

handle is hein.journals/usthomlj19 and id is 1 raw text is: 










SYMPOSIUM WELCOME


                         ROBERT   K.  VISCHER*


     Welcome   to the University of St. Thomas Law  Journal's fall sympo-
sium exploring the rise of private power and political authority. I am grate-
ful to Megan  Massie  and  all the student editors who have worked   hard
putting this together, as well as their faculty advisor, Professor Ben Carpen-
ter, and Professor Chuck Reid, who  was the moving  force behind this par-
ticular symposium. I am  also grateful to the scholars who are contributing
to this conversation on an important and timely topic. It is especially impor-
tant for a Catholic law school to be the venue  for this conversation, for
reasons I will briefly explain.
     Five or ten years ago, you might have  looked at today's symposium
program  and  concluded,  ah, typical left-leaning concerns with private
power  coming  out of a left-leaning legal academy. Concerns over private
power, after all, meant concerns over the free market. Times have changed,
though-this  is definitely a bipartisan issue now. Just one week before this
symposium,  the Federalist Society convened its annual conference, and the
theme  was private and public power.1 The annual Federalist debate posited
the question, RESOLVED: Concentrated corporate power is a greater
threat to individual freedom than government power.2 That was the debate
at the Federalist Society! David Brooks recently reported from the National
Conservatism  convention in Florida, noting the emergence of a new right
dedicated to using state power to break up and humble the big corporations
and to push  back against coastal cultural values.3 Republicans, after de-
cades as cheerleaders for corporate America, limited regulations, and free
market orthodoxy,  are now in the midst of an anti-corporate evolution.4
The rise of private power is a concern across the political spectrum, though
the origins of the concern differ widely.

    *  Dean and Mengler Chair in Law, University of St. Thomas School of Law.
    1. 2021 National Lawyers Convention, FEDERALIST SoC'y, https://fedsoc.org/conferences/
2021-national-lawyers-convention (last visited Jan. 28, 2022).
    2. Id.
    3. David Brooks, The Scary Future of the American Right, ATLANTIC (Nov. 18, 2021),
https://www.theatlantic.com/ideas/archive/2021/1 1/scary-future-american-right-national-conserva
tism-conference/620746/.
    4. Nihal Krishan, How the GOP went from being pro-Big Business to anti-Big Tech, WASH.
EXAM'R (Nov. 14, 2021), https://www.washingtonexaminer.com/news/how-the-gop-went-from-
being-pro-big-business-to-anti-big-tech.


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