
Loading summary
A
Welcome to Pablo Torre Finds Out. I am Pablo Torre and today we're going to find out what this sound is.
B
I think this is a moment where we need some like public corruption heads
A
on spikes Right after this ad,
C
it's that time of year again for taxes. We all know the stress of the old way of filing. You send your documents off and then absolute radio silence. You're stuck refreshing your inbox and sending awkward just checking in texts, wondering if they've even started. But with TurboTax Expert full service, I know my TurboTax Expert takes taxes fully off my plate and updates me every step of the way so I don't have to worry. That way I can get back to the things that matter to me, like going on vacation in the spring or enjoying the NFL off season. So stop chasing updates. It's time to switch to the modern tax filing Solution with Intuit TurboTax. The best part? You can get experts progress right on your phone while you go about your day. So go for a run or grab a coffee. You'll know your dedicated expert is handling it, looking for every last deduction to get you the best possible outcome and every dollar you deserve. File with confidence. Visit turbotax.com Only available with TurboTax Full Service Experts Real time updates only in iOS mobile app.
A
As a fan chosen for the halftime challenge, I love sports for a chance to win the big prize. But when my half court heave only goes half the distance, how embarrassing for him? I wonder, is sport clips better than sports? Because Sport Clips haircuts is sports on TV plus an expert haircut, hot steam towel and massaging shampoo tear up his comically large check which is better than Sports plus public embarrassment. Sport Clips. It's a game changer. Check it online@sport clips.com I just heard something that completely shocked me, which is that 45% of girls and 32% of boys feel overwhelming stress from just being on social media. And together, 2025% of both feel worse about their own lives. Researchers found teens who spend more than five hours a day on their phones are at double the risk for suicidal thoughts. Bottom line, teens and phones don't mix. And with a daughter and myself, I am constantly worried about when she reaches an age where we'll have to have the phone talk. But here's the good news. There is a solution. A company called Gab, which has solved the problem by doing something that no one else is doing. Their approach is tech in steps. Tech in steps works by providing safer phones and watches for kids with no social media tailored to every age. Offering the right device at the right time. From GPS tracking enabled watches for younger kids to phones with parent enabled apps for tweens and teens, each device allows kids to more safely grow their independence. You don't have to give your kid a device that was made for an adult. Get them Gab, which keeps them socially connected without social media. And right now you can use our code to get 60% off a kid's phone. That will make parenting easier and give you more peace of mind. That's why I am recommending Gab. Visit gab.comptfo and use code PTFO for an exclusive offer. That's Gab. G A B B. I do just want to explain for people who haven't seen your previous appearances on this show.
B
Sure.
A
That we've known each other for a very long time. We're friends, we're colleagues dating back to Sports Illustrated. And also, you are not to Jeffrey Epstein.
B
I'm not related to Jeffrey Epstein, but it did cross my mind that I should name like my YouTube channel the Epstein Files or something. If I just want to.
A
Oh yeah, Maximum.
B
I haven't been able to bring myself to do such a thing.
A
You're leaving SEO optimization on the table.
B
I know. I even filtered my own last name so that people can't use it in the comments. But they find they're very clever. That's a creative constraint. They find clever ways to get around that.
A
What is it like being David Epstein these days? Author of by the Way, Inside the Box, How Constraints Make Us Better, a book that I really enjoyed reading and listening to over the weekend.
B
If you're still asking about the Epstein last name, it's a. It's like the Jewish Smith. I mean, it's a pretty common last name, which is a saving grace, I have to say. Like, I was alphabetized for exams in freshman physics in college and I was next to another David Epstein. You know, like, fortunately, there's a lot of us out there. That doesn't make it great. When I walk my son to school and we go past people holding signs that just say Epstein, I'm like, they're not rooting for us, bud.
A
But the idea that you had to filter out your own name from your own comment section because you know what people are gonna say, despite the fact that this is your third book and your sort of oeuvre here is established, you are not the notorious sex trafficker and pedophile. You are in fact the guy who had written the sports gene and range Both studies of like human performance and performance science. And I often call you the greatest sports science writer America.
B
As I always say, out of all
A
three of us, there are about as many David Epstein's in your physics class as there are such people.
B
I suppose that's right.
A
It's an interesting time to be an author because the other thing that's happening is that I'm looking at the news and I'm like, oh yeah, did you get your Anthropic payment?
B
I absolutely did. I got my unique ID that said your work has been pirated. I got several mailings saying that this work has been pirated. That work has been pirated.
D
It's the largest copyright settlement in American history. The AI company Anthropic forced to pay out a whopping $1.5 billion after a judge said it illegally pirated more than 7 million digitized books to train AI model.
B
I'm pretty sure this one's not even out based on some questions that I've asked. Somebody has uploaded it already. I think the notice I got said that my books had been pirated on this site called Libgen.
A
This is like the porn hub of books.
B
I. Yeah, I guess so. Had never thought of it that way. Pablo.
A
But I suppose the X videos of books. Excuse me, I'm getting a notice in my ear that I'm characterizing and I
B
guess Anthropic just like pulled a huge amount of books down from there and digested them. So those were books that were pirated in the first place. And then they kind of like re pirated them or just downloaded the pirated version. So you can file like a claim and you know, you'll probably get like, I don't know if it's up to 3,000 or 3,000 per pirated work, but
A
a small price to pay for contributing to the sum total of human knowledge in the form that we all must consume it in, which is to say via a large language model, which is again, for those not reading the news, the good guys.
B
The good guys, yeah, it's hard to
A
know in the anthropic narrative.
B
Yeah.
A
OpenAI Sam Altman Bad guys Anthropic. The white knights who just happen to be vacuuming up the written word to a degree that, yeah, there has been a $1.5 billion settlement.
B
You know, when I first started interacting with tech people some years ago, like after I started writing books and they would use that phrase, you don't hear it as much anymore. But information wants to be free and it's clear to me that that was just a justification of stealing stuff. Right. Because it's like they weren't about to give you their code or their Social Security number. Like Mark Zuckerberg built like big ass trees in front of his house so you can't see like his information doesn't want to be free. But that's this ethos they have that it's like okay to steal stuff if you're making something cool. And in the cases where I think it was with Meta, where they said we could legitimately get rights to some of this stuff, it'll be too slow, so they just pirate it instead of. But I understand why they do it because again, if you look back at some of the real successes in more recent tech history, like things that I use a lot, like Uber was it ignored sort of taxi regulations, whereas some other rideshare companies tried to play by those rules and YouTube ignored like copyright infringement early on. And so if you just flout all the rules early on, nobody cares until you get big enough. Right. And then you just like pay a settlement.
A
In retrospect, I was the year behind Mark Zuckerberg in college when he was moving fast and breaking things.
B
Yes, moving fast and breaking things.
A
And the question around the rules he is breaking happens to be, conveniently enough, a real key part of this book.
B
Yeah.
A
Which has to do with again, it's called How Constraints Make Us Better. That is the subhead and I think a bit of the through line in this conversation is we're watching all of the time now incredibly powerful, incredibly wealthy people, the people who are in most control of whatever is happening to us these days. They are deciding that rules as a concept are things they can opt out of if they feel like it's necessary, or maybe even not necessary, if it's just something they want to do.
B
This is a terrible thing in the long like obviously it feels bad when we see it in the headlines, but what the research shows is when it becomes apparent to people that the rules don't apply to everyone. And I don't think any. Not to be Pollyannish, it's not like everyone ever thought the rules applied perfectly equally.
A
And I do wann establish like the case that you make is not you're a bad person if you don't follow the rules. Because rules are what we are taught to obey in school and therefore we must obey them.
B
Yeah. No, it's like for 150 years, the shared prosperity of the modern world has been built upon agreed upon rules that applied equitably enough that people believed in them and were willing to sacrifice some of their own freedom and to play by these rules. And it was good for everybody. And now I think we're being hit over the head almost on a daily basis with the law not applying in certain cases. And what the research suggests will happen is that that will lead to these long run trust issues between strangers. Trust between strangers and GDP per capita are like very highly related if you look at all the countries in the world, because strangers stop collaborating when they don't trust as much. So in a recent Pew survey just showed that the US is the only country where a majority of adults say that other people have bad morals. And modern prosperity is built on trust between strangers. Like a few centuries ago, people only did business in their kinship networks or in their religious network. And so it was much more contained or with people that they personally knew. And so the engine of prosperity for more people. And by the way, like, as, as bad as things may feel like they're going globally since 1990, you want to guess how many people per day on average have been lifted out of poverty since 1990?
A
What are we at?
B
118,000 per day? People have moved above the international poverty line on average since 1990. So shared prosperity, the engine has still been going, but that has been very much built on the fact that we have built structures that allow people to collaborate with strangers, allow people to start businesses despite what their name is or who they know and all these other things. And it's all built on trust between strangers and functioning bureaucracy, Large functioning bureaucracy, I should say.
A
I like how you've written a book at this moment in time where you're like, you know, what is underrated? Rules and bureaucracy.
B
I didn't necessarily think that, but like this, I mean, the work that I really leaned on was by this Nobel laureate named Douglas North. The paradigm in the 60s when he was starting to do his work was that tech innovation is the real, the sole driver of shared prosperity. And what he showed is actually that it's usually social norms or political structures or legal structures that change first that enable this kind of innovation and collaboration between people that gives rise to innovation. And so it's actually what he called institutions as he framed them, constraints on human behavior that give rise to this long run prosperity and allow people to trust one another.
A
Yeah, I want to quote from your book because in, in your discussion of north, you quote him, and this is the opening line of his most famous work, quote, institutions are the rules of the game in a society, or more formally are the humanly devised constraints that shape human interaction. Yeah, End quote. Which is to say that we're talking about rules and not the department so much.
B
No. And. And north, by the way, says that these are basically perfectly analogous to sports rules, where. So he has informal constraints and formal constraints. The informal constraints are social norms. The formal constraints are like legal laws. So on a soccer pitch, you have the lines and the rules that are the formal structures, but then you have these informal, like, you know, one team will kick the ball out of bounds if another guy gets injured. So it's this overlapping of social norms and explicit structures that combine to allow people to trust and engage in collaborative behavior. And arguably both ends of that are under attack. And so the prediction that North's work would make when social norms that constrain people's behavior start to falter and when legal structures look like they don't apply to everyone, is that strangers will start thinking other people are bad, which is exactly what we are starting to see. So he won the Nobel for this in the early 90s. Some of his acolytes just won another Nobel for the same thing. Were, like, walking right into the thing that he said you shouldn't do. Where you regress from what's called an open access order, where people can access all sorts of parts of society and government without it mattering who they are, to what's called a natural state, where, like, it really matters who you know if you want to get something done. And implicitly in that, by the way, he makes an argument that big government is a necessary kind of symptom of shared prosperity. And this is like, a delicate thing because.
A
Because you're now advocating for what Doge was trying to trim, allegedly.
B
Of course, there's, like, bloat in the government. Right. There's no question. So I don't want to minimize. I don't want to minimize that because bureaucracies often grow to the point where it seems like their goal becomes just perpetuating themselves. Right. That happens. At the same time, what north showed was that if you want people to have impersonal access to things, and you do, you don't want it to matter that it's Pablo Torre or David Epstein
A
dealing with our friends and cronies in order to get what we want, you
B
don't want it to matter who you know, then you have to have a. A kind of large impersonal bureaucracy so that it's these people that you don't know that are vetting your application or. Or whatever it is. And so it's a necessary outgrowth of these more equitable rules that you'll have an expansive bureaucracy, basically.
A
Well, the thing that you mentioned before that brings us to sports in a non metaphorical way is the notion that actually there was, before Douglas north came along, this popular idea that technology was responsible for all the prosperity, that we were benefiting from the speed of innovation.
B
Yeah.
A
And it reminds me of again this anthropic lawsuit.
B
Yeah.
A
In which the argument for why you should have all of these AI companies, all of these hoovering up, all of the written words humans have made, despite all of the intellectual property that would be intellectual property laws around it, is because if we don't do that, we will lose. Yeah, we will lose, in fact, not just to other competitors, but we will lose to China.
B
Yes, China, China. And so they make the argument implicitly and sometimes explicitly that letting tech move as fast as humanly possible is always the right thing to do. Right. And technological disruption, or so called creative destruction, to use the economist's term, has led to all sorts of incredible things. What North's point was was that it's preceded by these institutions or norms and legal structures that allow it to happen in the first place. And the idea that if we just take, you know, take all bounds off of these tech leaders and that will lead to shared prosperity magically is totally ahistoric. Like take the original tech supernova of the world, which was the Industrial Revolution. Have you read Hard Times by Charles Dickens? That did not automatically lead to shared prosperity. It led to children pushing coal mining carts with their heads for 12 hours a day. And it took different social structures around that. When I was here before and we talked about AI.
A
Yeah.
B
We brought up a book called Power and Progress. Those guys won the Nobel Prize since we talked about it, those authors.
A
You're welcome. Yeah, the PTO bump, CFO bump is why.
B
Because of us. The Nobel committee was listening and their main argument is they, they do a thousand year history of technological innovation. And what they show is that tech innovation absolutely does not automatically lead to shared prosperity. Sometimes it leads to increasing misery. And it totally depends on the institutional structures, the rules of the game of society. And right now I think what you're seeing is some of these leaders saying like, no, no, we can't have any of those bounds.
A
No, don't regulate us because it'll slow us down. Yes, you're shackling the great men of our time if you are regulating artificial intelligence. Hey, Pablo Torre here. And this episode of Pablo Torre Finds out is sponsored by NerdWallet's new podcast, Smart Travel, you may be familiar with that One friend who always finds the best travel deals, picks the right cards, somehow ends up in first class for the price of coach. Well, Smart Travel is like that friend, but in podcast form. They cover things like the quick math for knowing when to pay with points or with your card, and how to book busy season trips without the busy season sticker shock. And they don't just tell you what to do, they explain the why behind it so you can make smarter calls the next time you're booking a flight or planning a trip. It's the kind of advice that sticks with you, not just for one trip, but for all your future ones. So whether you're planning a big vacation or just trying to stretch your travel budget a little further, Smart Travel helps you get more out of every mile, travel smarter and spend less. With help from NerdWallet. Follow Smart Travel wherever you get your podcasts and upgrade your getaways.
E
Fresh air, longer days, a chance to reset this season, let therapy be part of your spring cleaning, clearing mental clutter, shaking off stuckness, and building something better. Grow Therapy helps you get there, whether it's your first time in therapy or your 50th. Grow makes it easier to find a therapist who fits you, not the other way around. You can search by what matters like insurance, specialty, identity or availability and get started in as little as two days. And if something comes up, you can Cancel up to 24 hours in advance at no cost. Grow helps you find therapy on your time. Whatever challenges you're facing. Grow Therapy is here to help. Grow accepts over 100 insurance plans. Sessions average about $21 with insurance, and some pay as little as $0 depending on their plan. Visit growththerapy.com startup start now today to get started. That's growtherapy.com startnow growtherapy.com startnow availability and coverage vary by state and insurance plan.
F
Think Verizon is expensive? Think again. Anyone can bring their AT and T or T mobile bill to a Verizon store today and we'll give you a better deal. So bring us your bill. Walk in, run in, Pogo, sticking teleport if you can ride on the back of a roll of blading yak or flying on the wings of a majestic falcon. Any way, you can bring your AT and T or T mobile bill to a Verizon store today and we'll give you a better deal on the Best network Based on root metric's best overall mobile network performance. US second half, 2025. All rights reserved. Must provide very recent postpaid consumer mobile bill in the name of the person redeeming the deal. Additional terms, conditions, and restrictions apply.
A
All right, I got a quick stat for you. Most employers are sorting through something like 250 resumes for a single job opening, which is a lot of scrolling, a lot of guesswork, and also a lot of time. So if you're hiring, I have some good news. You can now review all these resumes and applications faster, thanks to ZipRecruiter. ZipRecruiter has a new feature that instantly shows you the most interested qualified candidates first. And today you can try it for free@ziprecruiter.com PTFO and here's why that matters. ZipRecruiter's matching technology is already great at finding qualified candidates fast. But now the people who are actually excited about your role rise right to the top. So you're not just sorting through resumes. You're seeing the strongest, most engaged applicants first. And it gets better. Candidates can even tell you in their own words why they're interested in your job. So you're getting more than just bullet points. You're getting personality, motivation, and a clearer picture of who might be the right fit. Cut through the standard and get to the standouts. With ZipRecruiter, four out of five employers who post on ZipRecruiter get a quality candidate within the first day. And now you can try it for free at ZipRecruiter.com PTFO that's ZipRecruiter.com PTfo meet your match on ZipRecruiter. The notion, though, of sports. I come to this now, of course, because a lot of our reporting on this show, and you are yourself an investigative journalist by trade, by training, and a lot of what I've been turning our attention to as a show has been the billionaires who run sports.
B
Yeah.
A
And how these are not merely metaphorically tech people.
B
Yeah.
A
They are actually the people who ran some of the most monopolistic tech companies in US History. And Steve Ballmer, now, of course, the owner of the Clippers and my good friend, your good friend, also the former CEO of Microsoft, that bobblehead over there. Oh, yeah, we do have the Steve Ballmer bobblehead. Let's hold on, let me bring that.
F
We have it Only.
B
Only good friends.
A
First person to acknowledge that we not only have the Kawhi Leonard bobblehead, we also have the Steve Ballmer.
B
Oh, he's got a bobble, Bobble, bobble. Feet.
A
Oh, yeah.
B
Oh, he's got a bobble everything.
A
We might leave him there on top of your book.
B
See, if you're Steve Ballmer, it's like everyone's got a bobblehead. You need more things that bobble.
A
Yes. Look at these elbows. Bobble.
B
You got to be the best.
A
But. But the point of this is now not merely the richest owner in all of sports in the world, and not only the richest owner in the NBA by far. He is somebody who, in our reporting, has embodied what it means when you decide these rules that are meant to enforce something like fair competition are things that we ought not abide by.
B
Yeah, and that's really bad. I mean, I think one point that you've made that's important, that maybe not everyone understands unless they've been following really closely, is that all the owners of sports teams are obviously incredibly wealthy. But Ballmer is incredibly wealthy to those people. Right. He's like, off the charts wealthy. So the analogy I was thinking of was like, half the world lives with a legal system that was created in. In England, including us. In the US and it was created because the King had too much power. And eventually there was this wealthy merchant class and they started to have some more power, and the king wanted to borrow money from them to wage wars and all these things. And they were pissed about not getting paid back sometimes. So they got together and said, no, we're going to leverage our power, and now we're going to put some constraints on you. And initially, the king was like, bummer, I'm not going to be able to borrow a lot of money. It actually led to the reverse, where now people were willing to lend money because there was a stronger parliament and they felt like they could get paid back and all this kind of stuff. But it was these other richest people in society who saw the richest person in society and said, we need rules to constrain that guy. And. And doing that led to shared benefit for all of society. And so it feels like a little bit of a microcosm. You know, I don't want to, like, compare the origins of our legal system necessarily to the NBA salary cap. The NBA salary cap. But it's this microcosm of where you have these, like, really powerful people who are getting the experience of seeing an
A
even more powerful person, which is extraordinarily
B
rare, extraordinarily rare, who doesn't want to follow the rules, who hasn't had to follow the rules in the past and now is in the position of potentially very publicly being Able to. To skirt those rules. Right. Whatever the NBA comes up with in
A
their investigation, we eagerly await the results of that.
B
Right. Which is the whole thing.
A
Like, yeah, as you know, there's nothing more credible than an organization investigating itself.
B
Right, Right. So I think you start by asking, like, what would it behoove them to find? And then start from there. But whatever they find, I think there will be owners who will say, I don't care what they find. I know what happened. The rules don't apply in this way anymore if there's no punishment. And that's like the beginning of the breakdown of rules that were made for collective good. And I think public examples of that are terrible. Like, you see this in countries where, again, we were talking before this about Greece when they went bankrupt, basically. And you could see these surveys where people started deciding that the next guy wasn't paying taxes. So they were like, well, I'm not paying taxes. And then nobody was paying taxes and the country goes bankrupt. And so it might seem frivolous. Like, I see people commenting on your stuff all the time of like, who cares? Leave it alone, et cetera. And I used to get that all the time with some investigative reporting. Right. Because people tune into sports stuff because they like sports.
A
And I always have to remind those people that the show has my name in it and if I find it interesting, I'm gonna do it.
B
Yeah.
A
And at its best, we'll also make the case, as I am attempting to do right now, that this story is not merely a story that's specific to the rabbit hole inside of the NBA, but it's also the story of our time.
B
That's what I'm saying. And I'm fine. If somebody doesn't, if they think it's a killjoy, then just ignore it, then they can ignore it.
A
Yes.
B
But to say someone else shouldn't be concerned about this I think is weird because it's almost, to me tantamount to saying we should kind of live in an ends, justifies the means sort of world and not care when people break these rules. And I don't want to be like some earnest, like.
A
But the case you're making continuously through this book, you're making the selfish person's case for why rules matter.
B
Yes. Why you want to restrict other people. And like I said, why the Harvard Law commencement starts with that. Why's restraints make men free? Because we know this historically, that agreed upon rules free people within those bounds to do things that they would have no other way to do. And you can look at societies that don't have that advantage, where everything is based on who, you know, what you can leverage, where, where, where it's not really clear what the rules are today or tomorrow. And those societies do not thrive. So I think this is a moment where we need some, like, public corruption, heads on spikes. I don't know if that's the NBA or wherever it is.
A
No, but, but I feel this all of the time. I living through this era in which owners in sports, again, as both the actual class of people we're talking about societally and also the metaphor for the class of people we're talking about societally. Like, these are the same guys, they're coming from Silicon Valley, they're coming from finance, they're coming into the league at a rate and at a financial status, owning these heirlooms that we grew up caring about with resources that are unprecedented.
B
Yeah.
A
And the thing about someone like Steve Ballmer is always going to be, is it the case that we are merely enshrining, once again, money as the thing that matters most?
B
Yeah. Because I think one potentially nice thing about sports that's actually different from a lot of the rest of society is it kind of does seem like a meritocracy, relatively speaking.
A
It's important, I think, that I keep on hammering that both of us have done investigative reporting and we know all of the ways in which cynicism may be justified.
B
Human endeavors are always very flawed.
A
You've investigated performance enhancing drugs, and we've both investigated various financial frauds and we know even the criticisms of the salary cap as a concept. I hear all of it and I understand all of it as best I can. The point though is that on a relative basis, I don't know if there's another laboratory for rules mattering that's more accessible or potentially persuasive than what sports offers.
B
Yes. So I think it's a really important public story because there are these other areas all over society, but they're not as mass consumer, they're not as public. Right. They're not as engaging in many ways also. But if you're going to have the salary cap, if you're going to make the law, then it's even more dangerous to have it clearly not mean anything. That's how you get to the survey where most Americans say other people have bad morals because they're looking around and the norms and rules that they think are worthwhile are getting flouted, like in their face. And so I think this is like a, a proxy for this larger discussion that's going on in society.
A
Well, we're like importing Silicon Valley's values as well as the actual. Again, the great men that founded and ran a bunch of these companies.
B
This brilliant economist who was the central banker of India one point, named Raghuram Rajan wrote this book called Saving Capitalism from the Capitalists. And it's basically about how the biggest capitalists hate competition.
A
This is exactly it. It's that sports, again, both literally and metaphorically, is a shrine to competition.
B
Yeah.
A
And if there's any political party that I feel like is being underrated as a concept, it is the pro competition party.
B
Yeah.
A
Which can encompass both capitalism in its purest theoretical form as well as regulation.
B
Yeah.
A
Which is again, like. And she's been a guest on this show as well. I kind of feel like I'm a Lena Khan Democrat.
B
I saw on like bus stops there'd be these signs for meta and they're like, please regulate us, you know, to stop kids of a certain age going on. And I assume that that's because once you're established, then you want the regulate. You're like, yes, we let 8 year olds get on our platform and do who knows what. But now once we're a juggernaut and printing money, nobody should be allowed to have eight year olds on their platform.
A
Just like more competition. This is the thing that runs through the story of the NBA. And by the way, from a pure product perspective, I think one test that I thought about while I was reading your book and I was wondering, like, when it comes to the product that citizens customers are receiving, one easy acid test for all of this is is it better?
B
Yeah.
A
Is the lack of competition getting us better products? Or is it in fact in the case of the NBA, as all of these incredibly rich people come in unregulated, is it in fact worse?
B
That's again where it's a proxy for these other discussions of like, are these rules leading to shared prosperity or better options for consumers or whatever it is. And I think we've deemed that's the case when we have competition. Right. That's why we do it this way. But people are getting around those rules or just ignoring them.
A
Now our reporting on like the nflpa, the players union. Right. It's like, why do I care about this, this millionaires union? Well, it's because if you care about football, which statistically that's what we care about the most.
B
Yeah.
A
Is it a good thing when the NFL, which runs professional football in America, is it a good thing when they don't have a competitor.
B
Yeah.
A
A check on them. And what happens if that check is the union? And what if that union is also connecting to all of this stuff beset by its own corruption scandal?
B
Yeah.
A
What does the product become? Does it become something that has these countervailing competitive forces sharpening it into something better for Americans? Or is it a version that the very, very top of the pyramid people are getting to dictate basically at their own personal whims?
B
Again, this isn't just going on in sports. Right. It goes on in business in general.
A
Yes.
B
We. This is just a public way to see it. It's so in your face that rules don't apply to certain people.
A
You know, the question of why and how has corruption taken root? How and why did money become the only thing we can agree is important? Apparently, it all brings us back to, like, again, why are sports cool?
B
I started reading this philosopher named Bernard Suits.
A
Yeah.
B
Who I use at the very end of this book.
A
Yes, yes.
B
And Suits was responding to Ludwig Wittgenstein, who was like one of the most influential thinkers of 20th century. And Wittgenstein talked about the fuzziness of language. And one of his main examples was that there is no core essence of everything we call a game. There's only a family resemblance. Like, some games are played alone, some in a group, some are imaginary, some are in the real world, et cetera. Some are luck, some are just skill. And Suits said, no, I think that's wrong. I think there is a commonality to all games, including sports. And I think the commonality is an attitude. And he called it the lusory attitude. And he defined it as the voluntary attempt to overcome unnecessary obstacles.
A
I love this part of Bernard Suits's philosophy.
B
He wrote about it in this amazing book called the Grasshopper, where it's like Aesop's grasshopper fable where the grasshopper plays all summer long and so he doesn't hoard enough food like the ants, so he's going to die when the winter comes. But in this case, he justifies it. He's like, because these games give meaning to life. And so this was actually a justifiable thing for me to do because I think it really is a metaphor for life. It's like, take field, add lines. You know, it's like, add meaning. And so it's the voluntary attempt to overcome these unnecessary obstacles that adds meaning to the thing that actually makes achievement even possible. And so I think it's such a. Sports are such a pure way of seeing people attempt to overcome these voluntarily accepted obstacles. And so then when they're trying to shortcut them, I think it dilutes the meaning of the endeavor in the first place.
A
It's a way of life.
B
Yeah.
A
It's a way of life. You described again, the. The heirlooms of social attitudes that are really hard to undo once you have a destruction of the institutions we've been talking about. Of the rules.
B
Yeah.
A
And what is better, what is more durable as an heirloom than sports in our country in which we are actually agitated.
B
Yeah.
A
By the idea that we are being cheated by another team because we're all opting into this way of life in which we all agree that this basketball court without boundaries is just a piece of wood.
B
Yeah. Yeah.
A
We all need to embrace what is seemingly the dismissible, the otherwise easily dismissible fiction that any of this matters, that the salary cap matters, that putting a ball in a hoop matters. But once you agree they matter.
B
Yeah.
A
Suddenly you have the ability to engender something like a philosophy that can, in your book's telling, actually benefit more people than otherwise. Men's Wearhouse helps you love the way you look. No matter if it's a formal occasion or a more casual thing. Job interview, tea time, high school reunion, wedding, courtside seats, or just a neighborhood. You want people to say, man, that dude looks impressive. So if you're a man with literally anything on the books, Men's Wearhouse has everything you need from formal to casual. Dressed up to dress down. And the best part is they pride themselves on impeccable service from the moment you walk in the door. With in store experts well versed and finding you the right look for any occasion and on site tailors to make sure the fit is perfect for your body. Men's Wearhouse really has it all. Suits, tuxes, sport coats, jeans, shorts, chinos, T shirts, polos, loafers, sneakers, sandals. All of it. Get ready to look and feel good from head to toe by visiting Men's Wearhouse today. And with over 600 locations nationwide, they are nearby. When you're ready to love the way you look. Men's Wearhouse love the way you look.
C
It's that time of year again for taxes. We all know the stress of the old way of filing. You send your documents off and then absolute radio silence. You're stuck refreshing your inbox and sending awkward. Just checking in texts, wondering if they've even started. But with TurboTax Expert full service. I know my TurboTax Expert takes taxes fully off my plate and updates me every step of the way so I don't have to worry. That way I can get back to the things that matter to me, like going on vacation in the spring or enjoying the NFL off season. So stop chasing updates. It's time to switch to the modern tax filing Solution with Intuit TurboTax. The best part? You can get experts progress right on your phone while you go about your day. So go for a run or grab a coffee. You'll know your dedicated expert is handling it, looking for every last deduction to get you the best possible outcome and every dollar you deserve. File with confidence. Visit turbotax.com Only available with TurboTax Full Service Experts Real time updates only in
F
iOS mobile app Think Verizon is expensive? Think again. Anyone can bring their AT&T or T mobile bill to a Verizon store today and we'll give you a better deal. So bring us your bill. Walk in running pogo stickin' teleport if you can ride on the back of a rollerblading yak or flyin on the wings of a majestic falcon. Any way you can bring your AT&T or T mobile bill to a Verizon store today and we'll give you a better deal on the best network based on RootMetric's best overall mobile network performance. You us second half 2025. All rights reserved. Must provide very recent postpaid consumer mobile bill in the name of the person redeeming the deal. Additional terms, conditions and restrictions apply.
B
I've vacillated in various points, especially at some points when I was doing certain type of investigative reporting in sports, and I really soured and was just like, screw this. You know, it would take me a while to kind of recover sometimes. But when you think about the amount of meaning that we've imbued sports with, you know, put this peach basket up here and this line here, and all of a sudden you have this incredibly meaningful activity. I mean, you, you, you did this. Guys who are on death row, like
A
the death row inmates who spend their last seconds on earth expending breath to make the noise of let's go cowboys.
B
Yes. Because they feel like this thing has added meaning to their life and they feel like they're part of something. And I think that's just an interesting sign of how much meaning can be added to this otherwise ridiculous endeavor. Just like you have to find ways to add meaning to the ridiculous endeavor of your life. And so when people say none of this stuff matters, I'm like, then you're just saying, then you don't care about adding meaning to life, basically. And by the way, Suits makes a sort of unexpected argument late in the Grasshopper where he says, by the way, if we end up in a utopia where tech is handling most of our work, then games are going to matter even more because that's going to be where, if work is no longer the main part of our identity, then really this participation in games and these voluntarily accepted obstacles are going to really be the core activity that adds meaning to
A
our life at every turn. I'm always, like, tempted to remind people, like, we're not saying that all rules must be enforced because all rules are automatically good.
B
I'm glad that some Americans, like, defied their colonial rules. We dare say entrepreneurially started a country.
A
Oh, my God. I mean, like, we're living through again, depending on whether we survive nuclear winter. We are going to have the conversation around what's it like to disobey orders.
B
Yeah.
A
At the highest levels of government. We are at the same time having a conversation in the NCAA around how are we supposed to pay these athletes? And isn't it strange that we needed to break the rules around non paying athletes to get them some sort of financial justice before we had these regulations being reformed to enable something like a market? All of that. Yes, all of that is being considered. But I think the principles, the core principles around are you encouraging competition? Are you deterring corruption? And are you creating a society that actually gives a. Yeah. About holding the most powerful people to some sort of account? You are led to this attitude that I'm always confronting these days, which is. Yeah. On its face, it's not cool to be the guy with the book that says rules matter and yet like to be the guy quoting Jack Nicholson while holding a bobblehead. We need you on that wall. This is where we are. We need someone to say this.
B
Yeah. You have to care. You have to care.
A
I think like the pendulum and all of this is seemingly always, unfortunately, a pendulum. It swung so far away.
B
Yeah.
A
To the point where it has to be this, like, reassertion. Like we forgot why other things besides money.
B
Yeah.
A
Were virtues in the first place.
B
Yeah. And there's so many things, I mean, you know, living through this kind of halcyon 90s, there were so many of these things that I feel like I just got to take for granted.
A
Yeah.
B
That now are more in my face, you know, whether that's because of being an investigative reporter or also just like things that are happening in the world. How nice it was to have a Feeling of sort of trust to some degree. People are always getting away with stuff, there's no question about that. But that things kind of functioned in some impartial way and that there were at least regularly consequences for high profile malfeasance that ended up in the news. And that's a good thing. You want people to be able to take that for granted so that they can go about their business and just rely on that and have this like background of trust and belief. And I think that's, that's really undermined. And obviously there's a lot of people I call conflict entrepreneurs. I stole that word from this journalist, Amanda Ripley, who really profit from making a lot of our institutions look even worse than they are. Right. Like Elon Musk. I think it's amazing some of the innovative stuff he's done. At the same time he spends a bunch of time on the Internet sharing memes that just kind of make people look stupid for caring about regulations or anything like that, which makes sense for him because he's like, wants the government money and then wants to block the government money for other people. But that, that kind of making people feel stupid for earnestness. The mob is good at on stuff, but not so good at having ideas. You know what I mean? And I think it's concerning because there are people who profit from, from breeding this mistrust of everything in others. And I think the fact that we're in this like golden era of conspiracy thinking is a result of that. Yeah.
A
And it's, it's interesting to be a show that has felt again, the SEO, the search engine optimization incentives around being the person who's willing to interrogate and occasionally even prove what feels like a conspiratorial theory. Journalistically.
B
Yeah.
A
It's interesting to be outside of a, of an institute, of an organization. I was gonna say institution. An organization, a mainstream media organization and get credit for being disruptive.
B
Yeah.
A
And yet at the same time be always trying to follow again. The Douglas North Star.
B
Well played.
A
This value.
B
Yeah.
A
Of like, man, here's an interesting thing that I have been hearing from front office executives around the NBA. When it comes to gross violations of the NBA's cardinal rules, such as the salary cap. What one NBA executive told me was, yeah, we don't want to have to learn how to do money laundering.
B
Yeah.
A
We don't want to have to be competing in a market where we can't trust our other competitors because they're orchestrating insane schemes untrammeled by any regulation. And now we are Gonna have to pay a price in a way that I think only continues to erode the premise of a rules based sport.
B
That's right. So they want to be protected from what they themselves would start doing.
A
Exactly.
B
So what you call a collective trap, right, it's like you want kids off social media, but you got to get them off as a group because you don't want. It's hard for one kid to get off of social media on their own. So these kind of collective traps are what you save yourself from by having serious rules. And again, not to get too like highfalutin or far fetched or whatever, but since I was doing all this research on the origins of our legal systems, we talked about the British legal system that we live under now. Another half of, basically half of the, or a lot of the world lives under the French legal system that was exported. So in the English case, the merchants were worried about the king having too much power. In France, it was the local magnates, states like these sort of like regional power guys who were worried about one another much more than the king. And so that's why France ended up with a different legal system where the constraints were on one another. And that's, I think in some ways also has something in common with what's going on here, was they said, look, I don't want to have to bring my militia to this guy. I don't want him to bring his militia to me. And so they started making rules that constrained one another, actually vesting more power in the executive so that. Which maybe would be like the commissioner or something in this case to say, save us from ourselves. Like we don't want to have to do this stuff. We just want to be guaranteed that the other people also aren't doing it. And so that's what will happen, right, is if they, if they decide that this rule doesn't actually have any legitimacy, then they're all going to start learning money laundering.
A
When the people who are meant to enforce fair competition themselves are suffering from a conflict of interest and the public interest is not the most heavily weighted interest in that conflict. I think what you're seeing happen in sports is what you're seeing happen in America in general. And I think that we are at the point where, yeah, I mean, look, I want you to get paid for all of your work, but if you need to go to a Russian porn literary clearinghouse, that's the only way you're going to.
B
Why are you working porn into this?
A
I'm just saying if you got a Torrent Inside the Box by David Epstein to help save whatever is left of this American impulse towards can we please give a Then? Yeah, maybe I'd settle for that too.
B
I feel like with this bobblehead, he's even gone around the number of bobbling parts. Cap, I've never seen that many bobbling parts on a bobblehead. Like this guy just can't, you know, everything bobbles there there is Steve, you couldn't just settle for bobblehead. It's called a bobblehead for a reason.
A
I've never contemplated how much bobbling is too much bobbling.
B
Yeah, see, I've had my eye on the Steve Ballmer ball here. I don't know what you've been looking at.
A
I've been trying not to get sued. Pablo torre finds out is produced by walter averoma, maxwell carney, ryan cortez, juan galindo, patrick kim, neely loman, rob mcrae, matt sullivan, claire taylor and chris tominello studio engineering by rg systems sound design by andrew burcic digital strategy by bailey carlin and andrew northern theme song as always by john bravo and we'll talk to you next time.
F
Think Verizon is expensive? Think again. Anyone can bring their AT&T or T mobile bill to a Verizon store today and we'll give you a better deal. So bring us your bill. Walkin' runnin' pogo stickin' teleport if you can ride on the back of a rollerblading yak or flyin on the wings of a majestic falcon. Any way you can bring your AT&T or T mobile bill to a Verizon store today and we'll give you a better deal on the best network based on RootMetric's best overall mobile network performance US 2nd half 2025. All rights reserved. Must provide a very recent postpaid consumer mobile bill in the name of the person redeeming the deal. Additional terms, conditions and restrictions apply.
A
ACAST Powers the World's Best Podcasts Here's a show that we recommend.
D
You want to be the most interesting person in the room? Then listen to the best one yet. Our daily news show of pop culture meets business. We'll tell you why Abercrombie was saved by a $100 wedding dress. How keeping a Beyonce style brag book is going to get you that promotion and the AI drama that made Reddit our stock pick of the year. Jack and I worked on Wall street, got mba, sold our last company to Robinhood. Plus we were freshman year roommates so I can tell you why Jack's a briefs guy, not a boxer's guy. So listen to T boy. The best one yet. It'll be the brightest part of your day. And if this podcast lasts longer than 20 minutes, call your doctor.
B
Acast helps creators launch, grow and monetize their podcast everywhere. Acast.
A
Com.
Date: April 10, 2026
Host: Pablo Torre
Guest: David Epstein (author, investigative journalist)
Production: The Athletic Podcast Network
In this episode, Pablo Torre is joined by acclaimed sports science writer David Epstein to explore the seemingly mundane but profoundly urgent theme: why rules, constraints, and bureaucracy—often maligned in modern society—are actually fundamental to trust, fairness, and shared prosperity. Drawing from Epstein’s new book, Inside the Box: How Constraints Make Us Better, they discuss the decline of faith in rules both in society at large and within the microcosm of major sports leagues, focusing especially on the NBA, Silicon Valley billionaires, and the broader tech ecosystem.
The "selfish" case for rules is made through the lens of investigative journalism, economics, sports philosophy, and very lively banter—peppered with memorable moments, bobblehead metaphors, and thought-provoking historical parallels.
Main Theme Introduced
"They weren't about to give you their code or their Social Security number. ... But that's this ethos they have, that it's okay to steal stuff if you're making something cool." — David Epstein (07:02)
Why Rules Matter
"Institutions are the rules of the game in a society, or more formally are the humanly devised constraints that shape human interaction." — Pablo Torre quoting Douglas North (11:55)
Example: The rise in American mistrust and the slow disintegration of the social contract as rules become visibly arbitrary or flouted by elites. (09:10, 10:41)
Epstein notes: “Since 1990, an average of 118,000 people per day have moved above the international poverty line, and that engine is built on trust between strangers and functioning bureaucracy.” (10:42)
"What North showed was that if you want people to have impersonal access to things... you have to have a kind of large impersonal bureaucracy." — David Epstein (14:18)
"If you're going to have the salary cap, if you're going to make the law, then it's even more dangerous to have it clearly not mean anything. ... That's how you get to the survey where most Americans say other people have bad morals."
— David Epstein (28:41)
"You have to care. ... We forgot why other things besides money were virtues in the first place." — Epstein & Torre (41:00)
"It's the voluntary attempt to overcome these unnecessary obstacles that adds meaning to the thing that actually makes achievement even possible." — David Epstein (34:15)
On Rule-Breaking in Tech & Sports
On the Legitimate Upside of Bureaucracy
On the Lusory Attitude
On the Micro/Macro Parallels of Sports and Society
On Modern Apathy Toward Rules
Darkly Humorous Moments
This episode makes a passionate, often witty, and thoroughly researched argument that rules aren’t just an annoyance—they’re the invisible architecture of prosperity, trust, and meaningful competition. Using the world of sports as both metaphor and warning, Pablo Torre and David Epstein examine the consequences when the wealthiest and most powerful decide the rules don't apply to them, connecting everything from AI copyright lawsuits to NBA salary cap shenanigans to the erosion of social trust.
Ultimately:
The “selfish” case for rules is that we all lose when the most powerful opt out. The critical challenge: rediscovering why trust, fair play, and agreed-upon constraints remain virtues—on the basketball court, in capitalism, and in civic life.
Bobbleheads everywhere, beware.