In this episode, we take you through Jeremy Bentham's view on the role of policing and what policing used to look like - in that mythical, pre-Benthamic society. Oh, and we'll also talk about his mummified head. It relates. We promise. The delay was BAD in this one. We apologize for repeatedly interrupting each other. VCA Lawsuit in Orange County: …

In this episode, we take you through Jeremy Bentham's reply to the Declaration of Independence. We'll explain why Bentham neither approves of, nor understands, the concept of "rights," why he simultaneously hates kings but thinks you have to do whatever they say, and why his reading comprehension skills are a bit suspect.If you missed it, please ch…

In this episode, we talk all about Jeremy Bentham: Who is he? A weird guy obsessed with round buildings, and also one of the most influential social theorists of the modern era (for the worse, in our opinion). Why should you care about him? Because he fundamentally changed the way people understand politics and law, in a really stupid way. What kin…

In this episode, we bring you up to speed on a couple of important happenings at the Supreme Court, including a retrospective on the COVID-era of emergency powers and the Court's divided response to a key commerce clause case. After that, we give you a glimpse at the always thrilling, never confusing world of legal jurisdiction.Finally, we return o…

In this episode, we bring you up to speed on the latest activities of the Lex Rex Institute before diving into Groff v. DeJoy, a Title VII religious discrimination case that produced some... interesting... questions from certain Supreme Court justices. We'll explain why religious obligations aren't just a nice bonus you get for being a good person …

In this episode, we take a look at the 1924 "Lenin Constitution" and the 1936 "Stalin Constitution" of the Soviet Union. We'll discuss why communists love committees, how saying a right is guaranteed isn't enough, and the fact that the Soviet system was openly configured to focus power into the hands of a tiny elite. All this, plus an update on som…

In this episode, we continue our series on the Russian Revolution and the birth of the Soviet Union, but first we review oral argument in the pair of Supreme Court cases revolving around the Biden administration's plan for student debt relief. Finally, it's a special awards show edition of Captain Kangaroo Court! Alexander will award one nominee th…

In this episode, we kick off our new series on the Russian Revolution and the rise of the Soviet Union. We'll start by telling you why this story is important for understanding American law, how the Tsars got things wrong, and why a group called "The People's Will" isn't necessarily a good barometer for, well, the people's will. Why is the Russian …

Welcome to the Season 2 of the Lex Rex Institute Podcast! We're now a video podcast (at least until enough of you complain about having to look at our faces that we switch back to audio-only), and we've got a new upload schedule that we'll tell you all about. In this episode, we bring you the top six (because David wanted a top five and Alexander w…

In this episode, we are joined again by Alex Bostic to conclude our "Fall of Rome" series while it's technically still fall. This time around, we'll talk about the civil wars between Sulla and Gaius Marius and between Julius Caesar and Pompey the Great. We'll discuss how the use of extra-legal means to restore the rule of law just ends up undermini…

First off, as you can probably tell by the episode length, this is not a normal edition of the show. As Alexander was extremely busy with his day job "being a lawyer" and "defending Americans' constitutional rights," this episode only features David (for which he apologizes profusely). That being the case, we kept this one quick. Thanksgiving was a…

In this episode, we continue our Fall of Rome series with special guest Alex Bostic, the Lex Rex Institute’s resident Roman history buff. This time around, we’ll discuss Tiberius and Gaius Gracchus and the way their careers exposed flaws in the Roman constitutional system. After that, David and Alexander talk about a case that may or may not end up…

In this episode, we discuss a preliminary injunction against the Biden administration's plan to forgive certain amounts of student loan debt and why the judge (correctly, we think) ruled that the plan usurped congressional authority. After that, we turn to a New York gun law drafted after the decision in New York State Pistol & Rifle Association v.…

In this episode, we discuss the newly-revealed documents that show that the Department of Homeland Security collaborated with social media companies to suppress misinformation, disinformation, and “malinformation” – we’ll discuss why that’s concerning, and what exactly “malinformation” even means. After that, we examine Bittner v. United States, in…

In this episode… well, we tell you right off the bat: this one probably isn’t our best, but at least it's short! Alexander’s actual legal work got in the way of prepping for the podcast, so we had to make this a quick one. We return to “Allegator Alley,” our etymology segment, to talk about the difference between “barristers” and “solicitors.” Next…

In this episode, we bring you another installment of our Supreme Court Hall of Shame series, this time dealing with 1990’s Employment Division v. Smith – in which the Court’s desire to prevent people from using drugs creates some very real problems for the First Amendment. After that, we bring you the very first part of our (probably) short series …

In this episode, we bring you a brief update on some of Lex Rex’s real-world legal work and discuss one of the cases before the Supreme Court in the new October term, National Pork Producers Council v. Ross. We’ll talk you through what’s meant by the “dormant commerce clause” and consider the implications of allowing one state to dictate policies t…

In this episode, we bow to the wishes of you, the listener, and introduce a new segment on etymology, in this first edition covering the word “contract,” as well as a surprise word chosen by Alexander. (We will be hosting another poll to see if the audience has come to regret this decision already.) After that, we take a tip from one of our listene…

In this episode, we review the 5th Circuit's decision on the Texas House Bill 20, which imposes restrictions on social media companies, and discuss why plans to set term lengths (and not "term limits" - we are nothing if not pedantic) for Supreme Court justices is a very counterproductive idea. After that, we return yet again to Captain Kangaroo Co…

In this episode, we return to the Supreme Court Hall of Shame to discuss Gonzales v. Raich, in which the court decided that an activity that: 1) takes place entirely in a single state, 2) involves no commerce, and 3) can’t even legally be done across state lines nevertheless counts as “interstate commerce.” We’ll also discuss the proposed “Justice …

In this episode, David makes his triumphant(?) return to hosting duties as we discuss the state of succession law in the United Kingdom and ponder the possibility of a new round of religiously-motivated civil war in Britain. After that, we discuss the so-called “independent state legislature theory” in relation to the upcoming Supreme Court case Mo…

In this episode, usual co-host, Lex Rex President, and constitutional attorney Alexander Haberbush is joined by special surprise host and Lex Rex VP of Marketing, Eric Hampton. (We’ll let the audience decide if he makes a better host than David.) They take a moment to mark the passing of Queen Elizabeth II of the United Kingdom before diving into a…

In this episode, we give an update on our case on behalf of the parents of the Los Alamitos Unified School District, break down the new California law that would strip doctors of their medical licenses for being (supposedly) wrong about COVID, discuss how President Biden’s speech gets some key elements of the American political system wrong, and wr…

In this episode, we wrap up the story of the French Revolution by examining the Constitution of the Year III (which is 1795 for those of you who do not follow the Revolutionary Calendar), the collapse of the French Directory, and the rise of a certain short fellow with a world class ego from the Isle of Corsica. We discuss how the French tried to f…

In this episode, we discuss the latest news in one of the Lex Rex Institute’s biggest cases, as we represent a group of parents from the Los Alamitos Unified School District in a dispute against the district. You can find out more information about the case and contribute to the legal fund at https://www.GiveSendGo.com/LosAl. After that, we continu…

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 gesture…

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 basicall…

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 wi…

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 …

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 hav…

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 D…

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 …

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 right…

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 t…

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 …

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 …

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(?) …

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. Lin…

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 ju…

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 …

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 b…