Jackson Hole preview, Apple's AI Ambitions, Rule of Law, New Housing Investors

15 Aug 2025 · 48 min · 18 chapters

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In short

This Wall Street Week episode covers four themes: (1) Monetary policy ahead of the Jackson Hole, Wyoming central-banker meeting, with Larry Summers arguing against a big new Fed framework now due to “excessive transparency/forecasting” and warning about embedded inflation expectations and federal-debt maturity management. He also discusses CPI showing inflation still above 2% while markets price September rate cuts, saying certainty is misplaced. (2) Apple’s AI and competitive slowdown: Patrick McGee (author of Apple in China) says Apple risks falling behind because it hasn’t meaningfully redesigned products since 2019, lacks a product-design leader, and is behind in AI infrastructure; he warns Chinese rivals could overtake Apple in China. Mandeep Singh (Bloomberg Intelligence) adds that Apple missed AI’s “secular theme,” and may need partnerships/M&A to catch up. (3) Rule of law in the US: Harold Koh (former State Dept legal adviser) and Rick Dean (American College of Trial Lawyers president) argue courts must constrain power for predictable markets; they cite birthright-citizenship and Trump-related litigation. (4) New housing investors: Rajan Bhatt (Strand Capital) and Nancy Wallace (Berkeley Haas) and Sen. Dina Neal (Nevada) discuss small investors buying single-family rentals as affordability worsens; they debate whether this differs from 2006–07 flippers and warn about potential Fannie/Freddie privatization risks.

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

Tap a time to open that second in VO

Apple's Earnings and Challenges

0:03 to 1:21

Discussion on Apple's recent earnings and its competitive position.

“When you're running a business, the best days are the ones where priorities stay on track.”

Apple's Earnings and Challenges

1:25 to 1:53

Discussion on Apple's recent earnings and its competitive position.

“While the landscape shifts, one thing remains the same, the thrill of closing a deal.”

Apple's Earnings and Challenges

2:18 to 2:57

Discussion on Apple's recent earnings and its competitive position.

“Apple earnings last week were better than expected, but it is still falling behind its biggest rivals.”

Monetary Policy and Jackson Hole Preview

2:57 to 5:55

Larry Summers discusses monetary policy and the upcoming Jackson Hole meeting.

“as central bankers head back to Jackson Hole, Wyoming, with a new framework on the agenda.”

Federal Reserve and Inflation Expectations

5:55 to 14:25

Analysis of inflation expectations and the Federal Reserve's role in monetary policy.

“the federal debt needs careful consideration.”

Apple's Competitive Challenges

15:41 to 21:46

Discussing Apple's stagnation and competition from Chinese firms.

“This is a story about racing a bear, where it's not so much that you beat the bear as it is that you beat the others in the race so that you don't get eaten.”

Apple's Manufacturing Strategy

21:46 to 27:31

Evaluating Apple's manufacturing challenges and potential in India.

“So you're going to have to have everybody at a table striking some grand bargain for China, in a sense, to allow the manufacturing to leave its country.”

The Importance of the Rule of Law

27:33 to 28:15

Exploring the significance of the rule of law in society and business.

“Coming up from a small town in South Georgia in the time of Jim Crow laws, comes the story of why the rule of law matters so much, not just to lawyers and judges, but to business and markets and the economy overall.”

The Importance of the Rule of Law

28:50 to 29:46

Exploring the significance of the rule of law in society and business.

“Start your free trial at adio.com slash iHeart.”

The Importance of the Rule of Law

29:58 to 35:44

Exploring how the rule of law influences personal liberty and economic stability.

“This is a story about playing by the rules, or really playing by one really big rule, the rule of law.”
Show all 18 chapters

Innovation and Intellectual Property

35:49 to 42:05

Discussing how the rule of law fosters innovation and protects intellectual property.

“It's not just for the glory of having done it.”

Introduction to Residential Real Estate Investment

42:05 to 42:25

Exploration of the current state of residential real estate investment and market dynamics.

“And while her world wasn't allowing that, she was telling me that she saw a time in which it would allow it for me and that she wanted me to be prepared to meet that moment and then to take advantage of it.”

Changing Trends in Home Ownership

43:33 to 44:29

Discussion on the evolving landscape of home ownership and the rise of new investors.

“Every sale comes down to a single second.”

The Impact of Investors on the Housing Market

44:40 to 49:53

Examination of how institutional investors shape the housing market and affordability issues.

“This is a story about the American dream and how you too can own a piece of it.”

Legislative Challenges in Housing

49:53 to 51:25

Insights into recent legislation aimed at regulating investor purchases of homes.

“and you have older homes that are selling for about the same amount,$350 ,000, and they were built in the 60s.”

Potential Threats in the Housing Sector

51:25 to 55:06

Discussion on the ramifications of potential privatization of Fannie Mae and Freddie Mac.

“where a corporate investor purchased 115 homes in one day.”

Conclusion and Future Outlook

55:06 to 55:45

Closing thoughts on the housing market's future amid various pressures and uncertainties.

“shareholders is ridiculous if it could bring down the U.S.”

Conclusion and Future Outlook

56:26 to 56:57

Closing thoughts on the housing market's future amid various pressures and uncertainties.

“Everyone's talking about how AI is transforming work, especially in sales.”
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Transcript

Automatic transcript. May contain errors.

0:00Wall Street Week is brought to you by OTC Markets Group.

0:22When you're running a business, the best days are the ones where priorities stay on track. For midsize and large companies, that isn't always easy. Risk can touch multiple parts of an organization at the same time, often in ways that aren't immediately obvious. It might involve property, liability, or cyber. It could stem from regulatory requirements or challenges tied to a specific industry or the scale of an operation. At that level, managing risk becomes an ongoing discipline, not a one-time decision. At The Hartford, the focus is on helping businesses manage risk before it turns into something more disruptive.

1:00That means working with companies to identify where they're exposed, decide what matters most, and put practical standards in place so risk is managed as part of day-to-day operations. And when losses do happen, the Hartford can pair that risk-control work with insurance coverage grounded in underwriting, risk engineering, and claims experience developed over time. Learn more at thehartford.com slash risk mitigation. Everyone's talking about how AI is transforming work, especially in sales. While the landscape shifts, one thing remains the same, the thrill of closing a deal. Whether it's a gong or a confetti machine, every team has its celebration rituals.

1:36Adio is designed for that moment. It's the agentic CRM that turns customer signals into actionable insights, helping you close deals faster. With revenue agents and automations working around the clock, you'll have everything you need to scale your go-to market efforts. Elevate your wins with Adio. Start your free trial at adio.com slash iHeart. Bloomberg Audio Studios. Podcasts. Radio. News.

2:15This is Wall Street Week. I'm David Weston bringing you stories of capitalism. Apple earnings last week were better than expected, but it is still falling behind its biggest rivals. Patrick McGee, author of Apple in China, tells us why it has a long way to go. Plus, lawyers worry about the rule of law in the US. The head of the American College of Trial Lawyers explains why Wall Street should be just as concerned as members of the bar. And everything old is new again. Small investors are back in the game of buying homes to rent and ultimately flip. Why that doesn't necessarily mean we're headed back into another great financial crisis.

2:56But we start with the future of monetary policy in the U.S. as central bankers head back to Jackson Hole, Wyoming, with a new framework on the agenda. Our special contributor, Larry Summers, takes us through what he'd like to see. I'm not sure that it's the right time for a big new framework when you have an outgoing chairman. I would have thought that a new chairman should be providing a new framework when the new chairman arrives after the new chairman has consulted. So this seems a rather odd timing for a major new framework announcement. It seems to me that, if anything, the errors have been on the side of excessive transparency, excessive forecasting, excessive what we used to call when I was in government, iatrogenic volatility.

3:51Iatrogenic illness is when you get sick from being in a hospital. Iatrogenic volatility is when officials' comments end up adding instability to markets. So I think at the moment we have too many dot plots, too many forecasts, too much cacophony. And some of the ideas for more information from the Fed, I think, will end up pushing markets around without any great benefit. My own view is that Paul Volcker and Alan Greenspan had this right. They saw the Fed chairman as like the Delphi oracles were thousands of years ago. They were imperfect and couldn't really know the future, but people thought they were omniscient and omnipotent, and it was therefore better to keep any statements vague and oracular.

4:53Certainly, the dominant theme the last time the Fed had a new framework review was the difficulty of getting inflation up to target. That's not our problem anymore. Our problem now is making sure that high inflation expectations don't become embedded. So corrections back towards symmetry with respect to inflation seem to me to be appropriate. And I think one should learn from the fact that with the best of intentions, the framework adopted before, right ahead of the pandemic, wasn't really the right framework as things turned out, and that could happen again. So I think the Fed would do well to avoid being overly prescriptive at this juncture.

5:54Finally, I think that the whole question of the management of the maturity structure of the federal debt needs careful consideration. What matters to markets is the debt that they have to absorb. And the spectacle we've seen that a number of times in recent junctures where the Treasury was trying to push the maturity structure of the debt in one direction, and the Fed was trying to push the maturity structure of the debt in the other direction, seems odd. Larry, this week we got CPI numbers in, which basically I took two messages away from. One is we are persistently above that 2 % mark on inflation, and it seems to be really stubbornly so.

6:43And yet the markets took it as, boy, it's sure the Fed's going to cut in September. The likelihood went to almost 100%. Can you square those two things? I think that there's also evidence of weakening in the economy. And it's that weakening that I think is behind the market's view that the Fed will likely ease rates. I think that while inflation was elevated, it was not as elevated as many feared that it would be. So I wouldn't want to fight hard against the market's judgment with respect to September. I think it's also probably worth remembering, David, that what you described as a certainty of a 25 basis point cut in September is probably better understood as a likelihood of a 25 basis point cut with 50 basis points and zero being about equally likely.

7:53so the whole thing averages out to a 25 basis point cut. And there's more data to come in. And so I think it would be a mistake to be certain for anybody about what would happen. We could get very, very weak data that pushed towards a 50 basis point cut. We could get information on inflation and the strength of the economy that pushed towards delaying cuts even further. So it's a mistake to be certain about what's going to happen. One of the sources weighing on a 50 basis point cut side has been the Secretary of Treasury, Scott Besant, who said that might make sense in September. We should probably be 150, 175 basis points lower.

8:40So I think the committee needs to step back. I think probably one of the most politicized governors just went off the board. I was surprised to see the secretary, any secretary of the treasury, be that prescriptive. Usually that kind of judgment is not made by administration officials. And I'm not sure it's helpful for the administration to be publicly prescribing on monetary policy. Beyond that, I don't think the statement is in line with what I would say. I would have said that any model of monetary policy has to be based on a judgment about what the neutral interest rate is and has to be based on a judgment about inflation expectations.

9:44If one has the view that substantially elevated deficit spending plus substantially elevated data center spending is greatly plus reduced trade deficits in the United States, plus higher asset prices, which reduce the flow of funds for saving. If one has the view that all of that is raising the net demand for funds, then I think one might think that neutral interest rates have risen quite substantially, in which case you wouldn't be prescribing 175 basis point cut in rates unless we see a recession. I think the possibility and the risk of inflation expectations starting to pick up, given big budget deficits, given tariff pressures, given political uncertainties surrounding the Fed, is also a reason why one wouldn't want to feel that we were committed to major rate reduction going forward.

11:03So I'm not here to tell you that that's not going to happen. I'm not here to tell you that it shouldn't happen. I can certainly imagine circumstances in which the economy could play out, in which those kinds of cuts would be appropriate. But it seems to me to be confidently prescribing them at this juncture is beyond what I would see as a prudent judgment, all the more when the judgment is being made by a senior official with responsibility for policy. We end the week with President Trump meeting with President Putin in Alaska to talk about Ukraine, with Ukraine not being present. I wonder what your thoughts are and what effects that have economically.

11:58And let me ask you specifically about those Russian assets that you've talked about on this program more than once. David, President Trump, like him or not like him, support what he does or be more skeptical of some of the things he does, is the most transactional of all presidents. I would have thought and hoped that a president who was so transactional, with the tremendous is leverage over Russia that's represented by the fact that we have currently frozen their reserves, would use our claim on those reserves as leverage to drive them to a just peace with Ukraine. I know there's some reluctance about that in Europe.

12:53There's concern that it might inhibit some countries' ability to sell debt. President Trump's errors in the past have not been over-solicited for European views. So I have been surprised and a bit disappointed that President Trump has not been prepared to bring the reserves issue more into the foreground. because I think it would be helpful to him in achieving his objectives of putting the Russia-Ukraine conflict in the rearview mirror. Up next, the saga of the$3 trillion company falling behind in its race with other megatech firms. What Apple needs to do to get back on track.

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15:41This is a story about racing a bear, where it's not so much that you beat the bear as it is that you beat the others in the race so that you don't get eaten. Apple is worth more than$3 trillion, but it's no longer the world's most valuable company, and it's not racing as fast as its largest competitors. Patrick McGee, author of the bestselling book Apple in China, says there's plenty for Apple to be worried about. In 2017, the former head of software under Steve Jobs, Avi Tavaniam, basically used the analogy that if you and a friend are being chased by a bear, you don't need to outrun the bear, you just need to outrun your friend.

16:19He meant to say that in the world of Tim Cook, Samsung, the Google Android operating system, wasn't doing anything in particular in 2018. So while he could acknowledge that Tim Cook's Apple had sort of stagnated a little bit, it didn't matter in 2017. Well, eight years later, I think it really does matter. And that's why you have NVIDIA being worth a trillion dollars more, Microsoft being worth$800 billion more. Companies that really didn't even exist at the time, Anthropic, Perplexity, OpenAI, are really defining a new era of computing. And it's, you know, somewhere between embarrassing and tragic that Apple, sort of the most iconic company, really isn't even in that conversation.

17:00And And something like the design position, you know, chief design officer, has been vacant since Johnny Ive left in 2019. I don't think there's any excuse for that. What's slowing Apple down? Well, what made Apple so iconic in the early 2000s was really product design. And then Tim Cook's ability to operate those products at enormous scale. They're still playing the scale game. I mean they build and sell 230 million iPhones a year and probably be up double that number of products if you were to include everything from AirTags and AirPods to iPads and MacBooks. So their operation game is, you know, second to none.

17:34They run the world's most sophisticated supply chain. But they're no longer redesigning products in super interesting ways. The Mac Binnie is about as boring as you can get in terms of a product, in terms of how it looks. It's almost harking back to the 1990s when computers were all beige. The iPhone really hasn't been redesigned in any meaningful, tangible way since 2019, and I don't think the other products have been either. So they've sort of lost their cool in a certain sense, right? Apple no longer sort of defines how a computer or a smartphone is going to look and feel. And I think, unfortunately, sort of the most sexy smartphones in the world these days are from a bunch of Chinese companies who largely can't sell in America, like the Huawei Mate XT, which in Apple terms is an iPhone and an iPad in one.

18:18So really the story of my book is that Apple trained up its own competitors. They didn't just give birth to a smartphone industry in terms of the supply chain. The supply chain took those skills and they sort of offered what Apple taught them to Huawei, Oppo, Vivo, and Xiaomi. And those are the Chinese companies that collectively have a global market share in smartphones, the most iconic device of the 21st century, of more than 55%. So I really think Apple risks being overtaken by Chinese competition in the next three years within China. And the only reason that's not a global story is because you can't go to an AT &T store here, let alone down to the local mall and buy a Huawei phone.

19:02So there's all sorts of protections, you know, basically the same sort of thing that Donald Trump complains about overseas, right? Non-tariff protections we have in the telecom industry ourselves. But in places like Russia and Indonesia, I mean, the Chinese smartphone manufacturers have an 80 % market share, if not higher. And I suspect that's going to be a real problem for Apple in the next five to 10 years. One route Apple is pursuing to avoid the trade conflicts between the U.S. and China is to manufacture in India, which has its own tariff problems with President Trump. But even putting that to one side, McGee says India may not be the success story, it appears.

19:40There's more hype than reality in terms of manufacturing in India. Really, they haven't moved the depth and breadth of the supply chain. What they've moved is assembly. And because people largely don't know just how gargantuan Apple's operations in China are, their investments in India can look like a big deal. So just a few months ago, for instance, Apple's Taiwanese partner was investing into India, and they were making dormitories to house 30 ,000 workers. Well, to any American listener or reader, that sounds like a huge investment, until you remember that Tim Cook's own estimate of how many Chinese people are in the supply chain is 3 million, right?

20:14So what's 30 ,000 out of 3 million? That's 1%. The investments in India need to be on a staggeringly different scale for the country to really replicate the depth and breadth of the supply chain. I would say on a superficial basis, India absolutely has what it takes. 1.5 billion people, obviously a massive land mass, and wages comparable to what you had in China 20, 25 years ago. Unfortunately, the differences between China and India are more profound the more seriously you look at this issue. So, you know, the missing topography of Apple that my book really contributes to is an understanding that Apple didn't move to China because China offered competence.

20:52Apple moved there because Apple was able to build the competence, right, by training millions of people, by investing billions of dollars, by installing machinery on production lines that otherwise wouldn't be able to afford to do it. Now, Apple can do the same playbook in India. However, who's going to build the eight-lane highways from the factories to the ports? Who's going to build the high-speed rail? That's not something Apple can do. So I think there's great potential for India to be an enormous and successful partner to Apple, but it's going to take a lot from New Delhi or the governors of Tamil Nadu or Karnataka in order for that to make sense.

21:29Apple can't just write a blank check. They need government support. And negotiations for this probably have to happen at the level of New Delhi, Beijing, Washington, etc. Because you can't really expect a company to make these moves and just risk the backlash from Chinese consumers where Apple has a$70 billion business and from Beijing. So you're going to have to have everybody at a table striking some grand bargain for China, in a sense, to allow the manufacturing to leave its country. Because Beijing knows better than anybody else what it means to have Apple as a partner in your country building up major industrial clusters.

22:00And Beijing wants technology transfer to be a one-way gate. The information comes in. It does not leave. Apple's ties to China have turned out to be both a strength and a weakness. But it's not the only challenge it faces. It's also fallen behind its competitors in the race to artificial intelligence. Mandeep Singh is the global head of technology research at Bloomberg Intelligence. They have a history of creating new products. Obviously, iPhone is the big cash cow, and they have monetized it extremely well in terms of the newer versions. But AI is something that wasn't in their DNA in terms of investing up front.

22:43The hyperscalers like Microsoft, Google, Meta, these companies were quite aggressive in terms of believing that AI was a secular theme that will change the products. Apple, on the other hand, has always thought about hardware design. That has been their strength. And till date, I don't think there is a competitor when it comes to the quality of the hardware that Apple has versus anyone else. But what they really missed out on is the profound impact AI may have in terms of the functionality, whether you are browsing on your phone or how you interact with an assistant. the App Store. So now they are really realizing, okay, what is it that we could do given everyone else has a two to three year head start?

23:38And they haven't invested in infrastructure or data centers, but now partnerships, M &A seems to be the most viable option because they still control the distribution. How big a problem when it comes to AI does Apple have? And does Apple know it has a problem i think the acknowledgement is coming more now than it was six months back and part of the reason is how big ai has become so google right now is processing 980 trillion tokens a month now that's 100x in the past one year so that just goes to show what is the level of consumption in ai now versus where it was 12 months back open ai is close to 1 billion monthly active users a day And so with those kind of numbers, you have to acknowledge that AI is getting more pervasive in our lives and on our devices.

24:34Now, the question is, is it enough for Apple to just keep offering AI through their App Store, or do they need natively on the device? And the answer is what OpenAI has showed us with GPT-5 is you can use LLMs for scheduling your diary. You can use LLMs for summarizing your emails and acting as an assistant, which is what Siri was supposed to do. Apple talked about revamping Siri, but we know it has gotten delayed. And so those are the type of things Apple has to do something about it. Otherwise, it can turn people off. And once they move out of the Apple ecosystem, it's very hard to bring people back.

25:16Can they catch up? I think as long as you control the distribution, which is why companies like Google, which has made a lot of advancements in their LLMs, they control the browser. They control the Android ecosystem. And for me, Apple is similar. They have their Safari browser. They have the iOS operating system. They control the devices. So they have a lock-in with their users. The only trouble they have had is developing this LLM functionality. And so to my mind, an open AI or Anthropic also have to catch up. If they want to compete with Apple and take share, they have to come up with devices.

26:01And so it's not easy what Apple has done over the past 20 years in terms of the ecosystem they've created. And that's why, unless there is a disruption to smartphone or tablets, and there is a new form factor altogether, which, as I mentioned, Apple has come up with Vision Pro. So it's not as if iWear is going to challenge Apple. I just don't see any hardware disruption on the horizon to make me feel Apple is at risk, that$3 trillion market cap is at risk. But if I see a new form factor where people just do their work completely differently, it's a substitute for a phone, that's when I'll get worried about Apple.

26:41I think Tim Cook has done a tremendous job in terms of following in the footsteps of Steve Jobs. That's something basically nobody thought was really possible. And Apple's market cap, I believe, has gone from around$300 billion in 2011 when Steve Jobs died to$3 trillion. That's a massive accomplishment on the part of Tim Cook. but I think if you look at what's happening in Apple since 2022, it's not a whole lot and there's not a whole lot to cheer for. That was the year that they first hit$3 trillion. The share price has barely moved since then. I would look at 2022 Apple and say, mission accomplished.

27:14Tim Cook was brought in to scale and distribute at scale the products that Steve Jobs had already created. At this point, the pendulum has swung back to an area where you need a product design leader, a product visionary, someone who's adept in AI, and whatever the qualities of Tim Cook are, it's none of those three things. Coming up from a small town in South Georgia in the time of Jim Crow laws, comes the story of why the rule of law matters so much, not just to lawyers and judges, but to business and markets and the economy overall.

28:15all. Deep in the work that moves the business. Let's create smarter business. IBM. Everyone's talking about how AI is transforming work, especially in sales. While the landscape shifts, one thing remains the same. The thrill of closing a deal. Whether it's a gong or a confetti machine, every team has its celebration rituals. Adio is designed for that moment. It's the agentic CRM that turns customer signals into actionable insights. Helping you close deals faster. With revenue agents and automations working around the clock. You'll have everything you need to scale your go-to market efforts. Elevate your wins with Adio.

28:50Start your free trial at adio.com slash iHeart.

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29:58This is a story about playing by the rules, or really playing by one really big rule, the rule of law. I think some of what we're seeing are basically pushing power and pushing authority in directions that we haven't gone before. We're at a moment now where we have a president who feels unusually unconstrained. I think we have to be concerned because this administration is pressing boundaries every day. And some of what President Trump has had to say about the courts and their rulings has not always been reassuring. Judges are trying to take away the power given to the president to keep our country safe, and it's not a good thing.

30:44As important as we're told the rule of law is, it can sometimes feel pretty abstract. Something, yes, legalistic. But for the rest of us, it's a matter of predictability and fairness. Something that runs silently in the background until it really matters. My parents came from South Korea, and Korea was subjected to a military dictatorship. And when I was in high school, I went to Korea, and there was an assassination attempt on the president, who had installed himself as a dictator. Suddenly, they declared martial law, and I couldn't go home. Harold Koh went on to be dean of the Yale Law School and the chief legal officer in the State Department.

31:29But he got his first direct exposure to the importance of following predictable rules when he was a young Korean-American visiting his extended family in the country of his heritage in the early 1970s. I called my father and he told me, you know what happened here in America? Richard Nixon just resigned and Gerald Ford is the president. And there are no tanks in the street. There are no guns. And I said, what does this mean? And he said, this is the difference between the rule of law and the rule of individuals. He said, in America, if you're president, the troops obey you. In Korea, if the troops obey you, they'll call you president.

32:09Protecting the foundations of our system historically is the job of U.S. judges and the lawyers who appear before them in litigation, lawyers like the fellows of the American College of Trial Lawyers, currently led by its president, Rick Dean. It's an invitation-only group of trial lawyers, And you actually have to be a trial lawyer in order to be considered for induction. There's a fairly lengthy process by which you are considered. You have to have been a member of the trial bar for at least 15 years. Is there a political tilt one way or the other, left or right, at the American College of Trial Lawyers?

32:47We are an organization that, across the political spectrum, you're going to find fellows with all kinds of political ideas. And that's not important to us. We are committed to certain core concepts. One of those is to the advancement of the rule of law, protecting judicial independence, and frankly, supporting the access to justice, the concept of access to justice. So those are our key tenets, and politics is not one of those. We're talking about that set of sort of governing principles that bring stability and predictability to our liberty. It's a concept of ordered liberty, and these are the guardrails, the rules.

33:32Are you more active in supporting, defending the rule of law today than you have been in recent years? I think a fair response is yes. And in part, that's because I think we're coming to see things that concern us. And when I say we, I mean the college itself, but primarily operating through its executive committee and its leadership. We're coming to see things that concern us. As I've gone around and spoken to fellows in both the U.S. and Canada, they're expressing to me concerns that they have as well. So, yes. Professor Koh is even more emphatic about his concerns over recent government actions.

34:14I think it's the worst crisis of my lifetime. And I'm not a young man, sad to say. The ultimate Supreme Court test may be coming. But frankly, this Supreme Court has given Trump way more rope than he should have been given. There have been more than 70 rulings at the district and circuit courts against Trump. I speak as someone who is a birthright citizen. It's protected by the expressed words of the 14th Amendment. It has been held explicitly by U.S. v. Wong Kim Ark, which is a Supreme Court decision from the 1830s. And it has been consistently sustained, and there's a statute which states it as well.

35:00You'll find out. A few minutes after taking an oath in which the president said he would obey the Constitution, he signed an executive order violating the Constitution, namely saying that he would not respect birthright citizenship. They are coming for our rights! Often, we talk about things like the rule of law when we're concerned about personal liberties, like birthright citizenship. But for Dean, we need to make every bit as sure that everyone plays by the rules when it comes to markets and to business. The rule of law is important to personal liberty, But it's also fundamentally important to our economic well-being, that it's the rule of law that provides predictability, that provides stability, such that we're actively participants in our own economy.

35:48Why would Steve Jobs want to develop the iPhone and all of the technology and the intellectual capital that went into that technology? It's not just for the glory of having done it. He's intending to capitalize on his intellectual capital, his intellectual property. It's the rule of law that allows that predictability. It assures him that his intellectual capital, his intellectual property can't simply be stolen and compromised by somebody else, that he will get the benefit of it. And that brings about innovation. that brings about development of greater intellectual capital. And I think that's very important to understanding what the rule of law brings to our society.

36:34After practicing law in Washington at Wilmer, Cutler & Pickering, he and I were partners there back in the 1980s, Doug Melamed went on to head the antitrust division of the Justice Department and then to serve as general counsel for Intel. Shortly after I got to Intel, we were having an annual gathering of the worldwide corporate affairs folks. And I was going to do an interview with one of the most senior officers in the company. And I said to him, give me a couple of ideas of times where the government affairs people have saved your bacon and maybe a couple of things you would like from them going forward in the near future.

37:12And his answer to me was, look, as far as I'm concerned, it's your job, meaning the general counsel, it's your job to tell me what the rules are. And it's my job to optimize within them. They want to know what the rules are. They need predictability. They need a sense of fairness that the rules are going to be applied in a predictable way to everybody. And then they can carry on their business. How do we get to that level of sufficient predictability through the rule of law? You have a rule of law in the absence of the rule of law. It's a continuum. And no society, I imagine, is going to have a flawless rule of law that sort of checks all the boxes all the time.

37:52There's only one alternative to the rule of law. And that's what Mike makes right. Because either you have rules that constrain the exercise of power by the powerful, or the powerful are going to make the rules and they're going to run society. So the first element is it has to be a body of rules that constrain the powerful, including the government, as well as others. And that means that the rules have to be applied equally, fairly to everybody. They have to be predictable and knowable, predictable so that entities can know what they need to do to comply with the law, knowable for reasons of transparency and trust in the legal process.

38:34You can't make anti-competitive mergers, you can't engage in fraud and securities fraud and set up a Ponzi scheme and so forth. Contracts are to be enforced, property rights are to be respected and so on. But I think your question really illuminates the importance of the value of the rule of law for a business entity because all of us feel constrained sometimes and wish there weren't a speed limit, but we all benefit from the fact that everyone else is constrained too. It's not just a guardian against corruption and personal misdeeds. It is also a guardian of an environment of robust business and economic sector.

39:15As an expert in international law, one who served as a legal advisor at the U.S. State Department, Harold Koh knows firsthand how important it is for the U.S. to play by the established rules so that others will. International law rules set default patterns of compliance. That doesn't mean that you can't break away from those, but there's a cost in doing so. And there are two costs in particular. One is that most of the other countries are continuing to follow the default. And so if you break away, suddenly you're in tension with them, and then you have to negotiate the differences. And the second difference is that if you break away from the rules of international law, you cannot enforce them against others when they also break away.

40:03So, for example, it turned out that before the World Trade Organization appellate panels, the United States was winning most of its cases. Trump, in the last administration that he led, decided that the World Trade Organization's appellate process was disadvantageous to the United States. He did it clearly with no understanding of the track record, and he broke it off. And now why should China obey the rules? The United States is not going to obey the rules. lawlessness breeds lawlessness and lawfulness breeds lawfulness. None of us wants lawlessness when it comes to either our liberties or our markets.

40:43But for some, commitment to that abstract rule of law, to order and fairness and equal treatment, is more than just business. It's personal. I had a very simple prodding to go into law, and it was largely through my grandmother. I grew up in a small town in South Georgia, primarily raised by my grandmother. I didn't know a lawyer. I'd never met a lawyer. And so most of what I knew and thought I knew about being a lawyer, I learned from watching television. What did your grandmother see in the law and you? You know, I marvel at that even now quite a lot. Because I talk about my grandmother often when I have occasion to speak to groups and the like.

41:29because I want to honor her and acknowledge her. And this was in the 50s, in the throes of segregation and Jim Crow and so forth. She told me that there wasn't anything I couldn't do. And, you know, because she said it, I believed it because I adored her and I hung on every word that she said. And so what I saw in my grandmother is that she didn't have some grand notion about the rule of law. what she had was a simple understanding that she needed to be and wanted to be free and treated fairly. And while her world wasn't allowing that, she was telling me that she saw a time in which it would allow it for me and that she wanted me to be prepared to meet that moment and then to take advantage of it.

42:21Up next, coming full circle in residential real estate investment. This time, we hope, without the crash.

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44:40This is a story about the American dream and how you too can own a piece of it. Home ownership used to be a natural next step for people in their late 20s and early 30s. But as they stand on the sidelines, a new kind of investor is stepping in, but not the one you might think. We're able to be nimble like a small investor, but not be with the red tape of bureaucracy of a large REIT or a larger, like, for example, a Blackstone. Rajan Bhatt is the co-founder and president of Strand Capital, a private equity firm. But he started out as a physician. I've always been more entrepreneurial, you know, going back two decades or more.

45:20Building a company with my wife, Spectrum Dermatology, which I then sold in 2021, and building all our medical office and owning our real estate at that point, and also having multifamily, and then fast-forwarding and getting involved in industrial land development, and obviously being in a single family, you know, it has been in the heart of me always for 20 years. Bott's fund specializes in renting out single-family homes, a trend that's been on the rise because buying the house you live in has become increasingly difficult. About two-thirds of Americans own their own homes, up from the early 1990s, but well below the peak of over 69 % just before the great financial crisis.

46:01In an environment today where the affordability index is constrained, you have interest rates that are high, you have economic uncertainty, You have the average American can't afford housing at these levels in today's environment. When there is a market imbalance, as there was in 2009, investors typically step in to address it. And back then, it was the big institutions like Blackstone. You would expect capital to flow into these markets. But if the cost is prohibitive, nobody is going to expose capital to higher than normal costs. And so I think right now everyone is waiting to see what happens.

46:43Nancy Wallace is a professor at the Berkeley Haas School of Business and chairs the real estate group there. You have to remember the origins of the single-family rental by large corporation or large fund purchases. Those were heavily subsidized by Fannie and Freddie mortgages that went to help these corporations buy the homes. So they actually financed that. That was a one-time thing. It was very helpful for their initial growth. And then it was taking advantage of the out-migration from the coastal states, especially during COVID, into these markets that were heavily single-family, for-rent markets, especially in Georgia, Atlanta, Charlotte, Tampa, Florida.

47:32But right now, unless things change in In terms of tariffs and the cost of construction, I wouldn't expect to see huge growth in single family for rent by very large players. The role of investors in home ownership is particularly pronounced in the Sun Belt in California. Investors purchased nearly a third of homes sold in Miami in the fourth quarter of 2022 and about one quarter in Atlanta. In California, investors own more than 50 percent of homes in five counties. It has to do with demographics and what preferences are for a home ownership. And it does appear that there are some shifts in terms of, yes, people are interested in having a single family home.

48:21But with two homeowner working couples, which is largely the segment of the economy that's interested in these homes, They're not interested in home maintenance. They're not interested in the other things that break down that they would prefer to call someone to have them come and fix it. Fifteen years ago, it was the big funds that stepped in to buy single-family houses and rent them out. But recently, they have pulled back as the smaller investors step into that role. In the first half of this year, small investors made up about 25 % of single-family home purchases. Large investors accounted for only about 5%.

49:03Builders are constrained. You have, they are constrained, the interest rates are high. The builders are negotiating with small investors, whether it be 5, 10, or 20 homes. They are offering incentives on financing. They're offering deals on homes. The current investor-owned housing trend began back during the 2007 housing bubble. In the Great Recession, I had just came into office, right? So I had graduated law school, been eight years. I couldn't even afford a home. Dina Neal is a state senator in Nevada who has seen the housing market transform since the great financial crisis. In the Great Recession, homes were about$350 ,000, and it was a 1965 home with no renovation.

49:46Now you have a brand-new home that's about$450 ,000 that no one can afford. and you have older homes that are selling for about the same amount,$350 ,000, and they were built in the 60s. The average income of a Nevadan is around$50 ,000. $50 ,000 is not enough to afford a house in this market. And so typically the housing market has jumped, so you can't even find anything for$250 ,000. I know specifically, I know pharmacists that are making$170K, and they can't afford a home in this market. Nevada is one of the hotspots for investors. Institutional investors' market share in residential real estate is up 8 percentage points in three years there.

50:37In Senator Neal's constituency of North Las Vegas, that number is even higher. They're 27 % of the Vegas market. It's significant and it's grown. They are now purchasing entire streets. They're building entire neighborhoods for rent. And so this is going on in Henderson. This is going on in North Las Vegas. It's across the valley. And I think it's significant because it's not creating home ownership. It's creating renters, which is different. Senator Neal introduced legislation to cap the number of homes owned by investors at 100. But the measure recently failed. Literally when I left Session, it was the national story where a corporate investor purchased 115 homes in one day.

51:30And this was a question that came up to me during the session. As families or as individuals, we're also trying to expand our own wealth, right? So 15 or 20 houses to me is still a mom and pop, right? There's still a smaller investor that is saying, you know what, I'm trying to expand my own generational wealth, but it's not to the greatest extent of 100 homes. And there was a conversation around, are you trying to lock me out of my own ability to operate as a small capitalist? And I had to say no, but there's a fine line in gaining wealth and greed. But Wallace thinks the size of investors in the housing market is exactly what is different this time around.

52:18How is this time different from what we saw in 2006-2007 where we did have some mom and pops coming in, I think often to flip the homes rather than to hold them and rent them? I think that's exactly what the difference is. Although there are house prices are definitely rising in California again, we're not seeing the flipper at least we think we're not but that is a hard phenomenon to measure fannie and freddie as you know in 2023 changed their policies in terms of qualifying for investor loans on and getting them and being eligible for fannie and freddie securitization so the kind of pricing that you'd get from a fannie and freddie securitized loans So now under their rules, basically the loan-to-value ratios are identical if you're an investor or you're buying it for ownership where you will live in the property.

53:16As if the story of single-family home investment wasn't complicated enough, there's now a new potential threat on the horizon. Reports are that the Trump administration hopes to spin off government-sponsored enterprises Fannie Mae and Freddie Mac, which have been under government control since the great financial crisis. So right now, if you buy a Fannie Mae mortgage-backed security or a Ginnie Mae mortgage-backed security, you are guaranteed against a default risk. Who provides that guarantee? The U.S. government right now, through the conservatorship, the protections we have in place that Fannie, Freddie, and Ginny cannot fail.

53:58If we privatize Fannie and Freddie and make it semi-private, who is going to provide that guarantee? Where are we going to find sufficient capital? We're talking about markets that are$14 trillion large. Where are we going to find the private capital to support those markets, especially without very careful analysis? And that has not happened by the Federal Housing Finance Administration to try to figure out how we're going to do this. So I think anything that's poorly thought out happens very rapidly is a recipe for disaster on this very thorny problem that we have struggled with now for years and failed.

54:46failed. And largely, I think the pressure on this is very active shareholders, especially Ackerman and Paulson, two very large shareholders of Fannie and Freddie paper, especially Fannie paper, that want to monetize this paper. And I think making a decision to benefit two large shareholders is ridiculous if it could bring down the U.S. mortgage market. The U.S. housing market has been through the ringer, from the great financial crisis to inflation driving up construction costs to rising mortgage rates. Privatization of Fannie and Freddie could upset the apple cart once again. And whoever stands to gain or lose, investors tend not to like that kind of uncertainty.

55:37That does it for us here at Wall Street Week. I'm David Weston. See you next week for more stories of capitalism. Thank you.

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From the publisher

This week, the framework of the Federal Reserve Board of Governors meets signs of economic softness just ahead of the Fed's annual meeting in Jackson Hole, Wyoming. And, Apple wants to increase its AI presence, but its focus on manufacturing and the tariff environment might pose challenges. Plus, rule of law is more than a legal concept - why businesses need it to operate in the US. And, the American dream of home ownership now belongs to small investors who are seeing opportunity in market conditions that are pricing out potential home owners.

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