Lex Rex Institute Podcast

In this episode, we plunge once again into the murky depths of American jurisprudence to induct Korematsu v. United States , the case that upheld Japanese internment, into the Supreme Court Hall of Shame. After that, we revisit the trial of Alex Jones (where we previously made a pitstop to discuss his attorney’s predilection for obscene hand gestures) to discuss how discovery works in legal procee...

In this episode, we bring you an investigation into lawyers and politicians behaving badly – our “Special Report on Pettiness and the Law.” We’ll also continue our series on the founding of America and the French Revolution by doing our best to describe the proposed French constitution of 1793 (which never went into effect because everyone basically shrugged and said “we don’t feel like it”) and w...

In this episode, we return to the Supreme Court Hall of Shame to discuss 𝘞𝘪𝘤𝘬𝘢𝘳𝘥 𝘷. 𝘍𝘪𝘭𝘣𝘶𝘳𝘯, in which the Court determined that the definition of “interstate commerce” includes actions that are not commercial and take place entirely within one state (who knew!). We also continue our comparison of the French Revolution and the Founding of America with an examination of the first attempt at a consti...

In this episode, we track back to last month to discuss the Supreme Court’s decision in Carson v. Makin , which has major significance for parental rights in schooling, with the Court holding that public programs cannot discriminate against a school simply for being a religious school. After that, we continue our discussion of the French Revolution and why it actually doesn’t make much sense to li...

In this episode, we return to the Supreme Court Hall of Shame to talk about Griswold v. Connecticut and explain why bad laws aren’t automatically unconstitutional. We also discuss why American Hospital Association v. Becerra is a solid example of the Court’s restraint and review Vega v. Tekoh ’s impact on Miranda rights (spoiler alert: it didn’t have any, but it might still be a disappointing deci...

Part 2 of our first annual Independence Day Special features a line-by-line breakdown of the Declaration of Independence. We explain why the parts everyone remembers ("We hold these truths to be self-evident..." and such) are - while fantastic - just the introduction to the meat of the document. We'll break down why you should really think of the Declaration as a legal complaint against the Crown...

It’s (almost) the 4th of July, and that means it’s time for the first annual Independence Day Special for the Lex Rex Institute Podcast! Because we (very predictably) ended up going way over time, we’ve split this episode into two parts, with the first releasing today and the second releasing tomorrow, on the 4th itself. In this part, we will give you a handful of reasons you should be grateful th...

In this episode, we present the first edition of our Supreme Court Hall of Shame, highlighting some of the worst legal reasoning in American history – first up is National Federation of Independent Business v. Sebelius . We also examine two enormously important decisions that were handed down by the Court this week, with massive impacts on gun rights and abortion (and also completely changing our...

On this episode, we are joined by Attorney Zachary Jones to discuss his recent article for Lex Rex and why the 17th Amendment poses issues for federalism. We also discuss the decision in the recent case Denezpi v. United States and explain why the Supreme Court found that federal courts could try someone twice for the same crime without violating the double jeopardy clause of the Constitution. All...

In this episode, we explain why (under one California law, at least) bumblebees are fish and why you shouldn't laugh at the court for saying so, report on the abortive attempt on the life of Justice Brett Kavanaugh, and consider the main alternatives to originalism as a judicial philosophy. We'll also reminisce about Attack of the Clones , brush up on our Kantian philosophy, and recount the lingui...

In this episode, we get into some serious stuff about the shooting in Uvalde as well as some more light-hearted stuff, as usual. Fair warning. Topics include: Oregon's Department of Human Services was using an algorithm to trigger mandatory investigations without any human oversight (0:04:11) The police response to the Uvalde shooting, and whether anyone can be held liable for it (0:20:50) The Sup...

In this episode, we revisit the saga of the Louisiana Lawyer Dog, update you on the January 6th Congressional Committee, discuss the 11th Circuit Court's ruling on Florida's new social media law, talk about interpretive methods for law, and dig deeper into the origins of (and alternatives to) the American regulatory system. All this, plus a fun(?) fact about the Jonestown Massacre, one man's valia...

In this episode, Lex Rex lead writer David Truschel and president Alexander Haberbush explore the wild, wacky world of state law, talk through the importance of abiding by legal procedure (even in unusual circumstances), and explain why you don't necessarily want to put the guy who knows the most about ketchup in charge of making all your laws. Links we mentioned in this episode: https://www.lexre...

In this episode, Lex Rex lead writer David Truschel and president Alexander Haberbush explore the "super super double secret" drone program of the Brockton, MA Police Department, review the latest from the House January 6th Committee, talk First and Second Amendment rights, and tell you why Justice Sonia Sotomayor doesn't get it when it comes to judicial review. All this, plus a discussion of Mexi...

In this episode, Lex Rex Institute lead writer David Truschel and president Alexander Haberbush explore the hip-hop aspirations of Richard Milhous Nixon, recount the saga of two LAPD patrolmen fired for pursuing Pokemon instead of criminals, and review more of the hottest legal takes in the whole internet. Along the way, they also discuss the City of Boston's big loss in court and the leaked draft...

In our first episode, lead writer David Truschel and Lex Rex president Alexander Haberbush celebrate May Day by highlighting explicit mentions of Communism in California and US law, review cases currently before the Supreme Court dealing with religious freedom and an Oklahoma jurisdiction dispute, explain why Clarence and Ginni Thomas continue to be in the news, and review the hottest of legal hot...