The History of Employment Agreements

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The Lochner era was named after a 1905 Supreme Court case where the New York state could not regulate hours that bankers had to work in one week. So there are echoes between now and the pre reform pre New Deal era so for example, I argued that we're back to In many ways in employment agreements were back to the state Lochner era. The kind of Lochner libertarian mentality which is very attractive to many American judges is that if you look at that document and see a clause about non disclosure that you don't like, you are kind of free to renegotiate or walk away.

Sohrab Ahmari is a writer, commentator, and the founding editor of Compact. He is the author of Tyranny, Inc.: How Private Power Crushed American Liberty–and What to Do About It.

In this week’s conversation, Yascha Mounk and Sohrab Ahmari discuss the threat corporate power poses to individual freedom in the United States; whether liberalism has gone too far in prioritizing individual autonomy over the common good; and why they disagree about whether attempting to move beyond liberalism would make things better or worse.

This transcript has been condensed and lightly edited for clarity.

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