Podcasts · Government · Society & Culture

Proof Over Precedent

Access to Justice Lab at Harvard Law School

77 episodes

The Access to Justice Lab at Harvard Law School discusses the work of bringing credible evidence to lawyers, judges, and decision makers, to transform the U.S. justice system into an evidence-based field. We bring you weekly one-on-one interviews with experts in the area of access to justice -- researchers, lawyers, professors, law students, data analysts, research participants, and anyone who has an interesting role in this growing area.

Episodes page 1 of 2

  1. Episode 73: Does Modernizing PACER Mean Overlooking Pro Se Litigants?

    · 26 min

    When law students have difficulty navigating the federal court records platform PACER, it's time to incorporate universal design. That's the suggested solution in this week's Proof Over Precedent episode. It's also a…

  2. Episode 72: Building Judiciary Trust Through Open Court Data

    · 24 min

    The seven-year-old Open Government Data Act has supported accessible, and useable, data from federal agencies, but it did not extend to the judiciary. This week's Proof Over Precedent episode discusses the massive…

  3. Episode 71: When and How to Study Attorney Influence in Asylum Cases

    · 53 min

    It helps to have a lawyer in court, no question. But in immigration court, where the vast majority of individuals are self-representing and not enough immigration lawyers exist to represent them all anyway, is there a…

  4. Episode 70: Exploring a Lawyer's Impact on Immigration Proceedings

    · 37 min

    No counsel, worse outcomes in immigration proceedings? This week on Proof Over Precedent, Access to Justice Lab Faculty Director and occasional podcast host Jim Greiner interviewed two Vera Institute of Justice…

  5. Episode 69: Study Interrupted—In-Person v. Remote Hearing Modalities

    · 42 min

    We like to use Proof Over Precedent as a platform to highlight our evidence-based findings, as well as others' studies, from randomized control trials in the field of law. This is not one of those times. In this week's…

  6. Episode 68: Evaluating Procedural Fairness in Court and on Zoom

    · 50 min

    Self-represented litigants primarily measure procedural justice by whether they had a voice, were listened to, and were treated fairly in court. Do these basic marks of overall satisfaction differ between the mode in…

  7. Are Death-Qualified Juries Qualified?

    · 18 min

    Jury selection should aim for a balanced and thoughtful panel; in capital cases, that balance is further underscored. This week's "Student Voices" post argues that "death-qualifying juries"--the practice of excluding…

  8. Episode 67: Capital Jury Selection's Hidden Biases

    · 18 min

    Serving as a juror fulfills one's civic duty to ensure a system of checks and balances in the U.S. In capital cases, however, "death qualification" ensures that prospective jurors opposed to the death penalty will not…

  9. Episode 66: Heirs' Property's Fragile Hold on Land Ownership and Justice

    · 30 min

    Just because an individual may own property, does not guarantee that the person may keep that property—that’s the warning stemming from this week's podcast episode featuring an interview with Dr. Kara Woods, research…

  10. Episode 65: Access vs. Efficiency—Supreme Court Weighs Frivolous Filings

    · 21 min

    "Martinizing", the controversial Supreme Court practice of denying court fee waivers for indigent litigants, is meant to reduce frivolous filings, but at what cost? This episode looks at the January 2026 Howell order…

  11. Episode 64: Can AI Resolve Brazil's Judicial Backlog?

    · 22 min

    More than 100 million pending cases await Brazil courts, so it may not be surprising that the country's Supreme Court Justice has a reportedly rosy view of AI in the court system, especially in time-sensitive civil and…

  12. Episode 63: Texas Two-Step Bankruptcy--Corporate Restructuring or Legal Loophole?

    · 28 min

    The Texas Two-Step is a fairly simple dance, but in the world of corporate bankruptcy, it's the name of a sophisticated maneuver that some profitable companies employ to stop mass tort liabilities and limit the…

  13. Episode 62: Navigating Immigration Law Post-Trump v. CASA

    · 31 min

    Trump v. CASA did not directly address immigration and birthright citizenship when it ruled against universal injunctions, and yet...The aftermath of the ruling left the immigration law landscape in a tailspin. This…

  14. Episode 61: The Promise and Pitfalls of Active Judging

    · 21 min

    Pro se litigants have reason to hope for a better civil courtroom experience with active judging. If done right, this reform promises more clarity and mercy for those unfamiliar with legal procedures, and better…

  15. Episode 60: Beyond Gideon—Rethinking Access to Justice

    · 56 min

    Is it time for an inquisitorial legal system? How about a redesigned "lawyer-less" court? This isn't the wild west of the legal world, but rather a lively discussion among three access to justice advocates on the…

  16. Episode 59: Legal Aid on the Front Line of Immigration

    · 35 min

    When it comes to immigration, the legal aid sector has pivoted its resources from affirmative relief for immigrants to defense deportation and detention center intakes. In this "Student Voices" podcast, the discussion…

  17. Episode 58: Labor Innovations Bridge Access-to-Justice Gap for Immigrants

    · 25 min

    Labor movements have had to get creative when it comes to labor justice for immigrant workers. That's where worker centers fill the niche not covered by traditional labor unions. In this Proof Over Precedent episode,…

  18. Episode 57: Libraries and AI—Partners for Accessible Justice?

    · 24 min

    In this "Student Voices" episode, HLS student Grace Gao interviews Ari Scourtas, Product and Research Manager of the Library Innovation Lab at Harvard Law School, about making AI legal tools accessible for people…

  19. Episode 56: The Conflicting Sides of Police Procedural Protections

    · 21 min

    This bonus episode of Proof Over Precedent looks at the access to justice issues around the Law Enforcement Officer Bill of Rights (LEOBR) statutes and contract provisions that grant police officers enhanced procedural…

  20. Episode 55: Navigating Workplace Justice Through an AI Lens

    · 33 min

    Workplace justice issues take center stage in this Proof Over Precedent "student voices" episode focused on Reclamo AI, an AI chatbot, developed to help workers--especially immigrant communities -- address wage theft…

  21. Episode 54: Will Clearing a Criminal Record Lead to Happiness (and Housing)?

    · 31 min

    "My criminal record doesn't reflect who I am anymore." This sentiment overwhelmingly topped the list of reasons why expungement study participants wanted to clear their record that it seemed plausible to predict that…

  22. Episode 53: Expungement Expectations vs. Reality in Employment

    · 45 min

    The A2J Lab's randomized control trial on expungement examined the uptake and obstacles of criminal record clearing while also looking into its effect on various socio-economic outcomes. This week's Proof Over…

  23. Episode 52: Study Exposes Complex Criminal Record Clearing Process

    · 48 min

    Is the form-filling expungement process as easy for unrepresented individuals as some believe? In this week's Proof Over Precedent episode, host Jim Greiner welcomes the A2J Lab team involved in our long-running…

  24. Episode 51: How Lawyers and Rental Assistance Impact Eviction Cases

    · 49 min

    Facing an eviction, a tenant has to decide if the added expense of an attorney is worth it for the possibility of avoiding an eviction judgment. In a discussion of a randomized controlled trial outside the A2J Lab,…

  25. Episode 50: Pro Se Litigants, AI, and the Future of Legal Assistance

    · 39 min

    State bar associations typically file more UPL complaints than consumers. Given the intended aim of protecting consumers, UPL may actually be serving more as an obstacle and less as a protection for consumers using…

  26. Episode 49: AI and the Future of Legal Aid—Navigating Unauthorized Practice

    · 23 min

    The low cost and accessibility of AI make it a potential game changer for pro se litigation and the future of affordable legal aid. But with the patchwork of state unauthorized practice of law (UPL) rules and no court…

  27. Episode 48: Legal Evolution from Auto Clubs to Access Barriers

    · 38 min

    When the organized bar association faced financial strain during the Depression, it cracked down on low-cost legal service providers via auto clubs like AAA, contributing to today's access-to-justice gap. In this "How…

  28. Episode 48: Legal Evolution from Auto Clubs to Access Barriers

    · 40 min

    When the organized bar association faced financial strain during the Depression, it cracked down on low-cost legal service providers via auto clubs like AAA, contributing to today's access-to-justice gap. In this "How…

  29. Episode 47: How Does Interrogation Room Design Impact Legal Outcomes?

    · 21 min

    How likely would you be able to answer questions under duress seated in a hard chair in a windowless, flourescent-lit box of a room? What about in a larger space with natural lighting and comfortable seating? In this…

  30. Episode 47: How Does Interrogation Room Design Impact Legal Outcomes?

    · 21 min

    How likely would you be able to answer questions under duress seated in a hard chair in a windowless, flourescent-lit box of a room? What about in a larger space with natural lighting and comfortable seating? In this…

  31. Episode 46: Upsolve in Depth—When does Legal Explanation Become Illegal?

    · 23 min

    The role of trained nonlawyer volunteers is at the center of a back-and-forth court case between nonprofit Upsolve, Inc. and Letitia James, attorney general of the state of New York. This "Student Voices" episode…

  32. Episode 45: Proof and Property—Is Civil Forfeiture a Just Practice?

    · 22 min

    In this week's Proof Over Precedent episode, we look at civil forfeiture—law enforcement's seizing and relinquishing of property based on probable cause in a criminal connection—and the impact it has on individuals,…

  33. Episode 44: Chief Judge Wilson's Family Court Vision—Problem Solving the Present Over Punishing the Past

    · 24 min

    In this "Student Voices" episode, HLS J.D. candidate Matthew Hohmann interviews Hon. Rowan Wilson, Chief Judge of the New York Court of Appeals, about the challenges facing litigants in New York Family Court, a topic…

  34. Episode 43: Navigating Child Custody Challenges From Behind Bars

    · 29 min

    This week's "Student Voices" episode of Proof Over Precedent explores access to justice issues for incarcerated parents in the child welfare system. HLS student Mia Robertson looks at the process of removing a child…

  35. Episode 42: Can Financial (and Other) Support Help Reduce Child Welfare Involvement in Neglect Cases?

    · 24 min

    This week, Proof Over Precedent speaks with Melody Webb, Founder and Executive Director of the Mother's Outreach Network, a Washington, DC-based racial justice and anti-poverty organization that the Access to Justice…

  36. Episode 41: How Evidence-Based Research Could Transform the Child Welfare System

    · 57 min

    A2J Lab Director and Professor Jim Greiner sat down with five A2J Lab staff members to discuss "Mother Up", a DC guaranteed income pre-pilot program with Mothers Outreach Network for Black mothers with recent CFSA…

  37. Episode 40: EmPwR Study–How Financial Support Means Family Support

    · 24 min

    The Empower Parents with Resources Study is the largest randomized control trial of the effect of unrestricted cash gifts on child maltreatment in the United States. Researchers aim to find out if a reduction in…

  38. Episode 39: On the Medical-Legal Collaboration Pioneering Child Welfare Solutions

    · 55 min

    If poverty can sometimes appear as neglect within a family, would better social and legal support help prevent unnecessary child welfare involvement? An Access to Justice Lab ongoing randomized controlled trial aims to…

  39. Episode 38: Fair or Foul--AI in Medicine and Law

    · 27 min

    In this week's Proof Over Precedent episode, HLS J.D. candidate Strong Ma discusses how public perceptions of fairness influence the adoption of AI and algorithms in medicine and law, two industries with varying levels…

  40. Episode 37: Navigating Pretrial Risk Assessments and Cash Bail Reform

    · 25 min

    Is ending cash bail a path to a fairer justice system? California attempted this route in 2018 with its SB10, which would have ended cash bail statewide and replaced it with pretrial risk assessment. The effort could…

  41. Episode 36: Record Clearing Insights: How Data Can Impact Policy

    · 40 min

    This episode of Proof Over Precedent looks at predictive modeling research that could be used alongside policy research to answer the question, "What can we do to increase the number of criminal records cleared?"…

  42. Episode 35: Legal Hurdles in Expungement: A Kansas Case Study

    · 57 min

    In this episode of Proof Over Precedent, the criminal record clearing process gets a close-up examination. Researchers and a former field partner at Kansas Legal Services discuss an expungement study in Kansas that…

  43. Episode 34: Studying the Expungement Paradox

    · 1 h 05 min

    Expungement appears to have all the signs of promising policy including better job and housing outcomes for individuals whose criminal records have been cleared; low recidivism rates; and subsequently better societal…

  44. Episode 33: Are Federal Regulations Protecting Prisoners or Paralyzing Research?

    · 42 min

    This episode of "Proof Over Precedent" brings together IRB Director Shannon Sewards and A2J Lab Faculty Director and podcast host Jim Greiner to talk about the complexity of ethical research involving incarcerated…

  45. Episode 32: Arbitration vs. Litigation -- Who Benefits?

    · 16 min

    When it comes to consumer protection, signing off on the fine print may equate to signing off certain legal rights and agreeing not to sue a company in court but rather to use arbitration. Does the process actually…

  46. Episode 31: Life Without Parole—a Death Sentence in Disguise

    · 18 min

    In this "Student Voices" episode, HLS J.D. candidate Kristen Arnold looks at the procedural shortcomings of life sentences without the possibility of parole, particularly in comparison to capital punishment cases. She…

  47. Episode 30: Do Judges Actually Read Search Warrants?

    · 1 h 03 min

    Despite search warrants being a topic of significant interest in court cases and legal scholarship, the process of obtaining warrants offers comparatively little information. But when researchers found a surprising…

  48. Episode 28: Pretrial Detention Efficacy and Alternatives

    · 25 min

    This Student Voices episode focuses on the data and studies pointing to the shortcomings of pretrial detention – the significant costs, lack of impact on reducing crime, and shortage of failure-to-appear connections.…

  49. Episode 27: The Hidden Costs of Pretrial Detention

    · 26 min

    In this Student Voices episode, HLS J.D. candidate Leann Poarch discusses the significant costs of detaining individuals who await trial, such as legal fees, loss of employment, and long-term economic and psychological…

  50. Episode 26: When is Informed Consent Unnecessary?

    · 1 h 03 min

    Image by Courtney Chrystal, J.D. candidate, Harvard Law School In this episode of Proof Over Precedent, the fourth in a series on Ethics in the Law, host Jim Greiner talks again with IRB expert Shannon Sewards to…

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