Proof Over Precedent

Access to Justice Lab at Harvard Law School
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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.

  1. 5D AGO

    Episode 34: Studying the Expungement Paradox

    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 outcomes. Where it falls short, researchers in a Michigan study found, is with accessibility and uptake. This episode of "Proof Over Precedent" looks at the findings and dives into the challenges of studying expungement and the areas where the record-clearing process could be improved.

    1h 5m

  2. JAN 27

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

    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 individuals and the balance between maintaining those ethical standards and advancing social and behavioral research. The discussion also delves into the differences between protections for biomedical research and those for behavioral research.

    42 min

  3. JAN 19

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

    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 matter? Several studies find variances in consumer financial relief and win rates, along with potential incentives in mandatory arbitration that could discredit the integrity of the process. The latest "Proof Over Precedent" episode calls for new research to address the shortcomings of existing studies and to provide definitive findings on mandatory arbitration's impact on consumers.

    16 min

  4. JAN 12

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

    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 dives into the injustices of the LWOP procedure, the no-hope consequences for inmates and the system, and opportunity for a randomized control trial in the field to improve fairness.

    18 min

  5. JAN 6

    Episode 30: Do Judges Actually Read Search Warrants?

    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 public data point in this field, their analysis led to sobering findings regarding the time judges spend reviewing warrants and the high approval rates of such warrants. In this episode of Proof Over Precedent, the researchers discuss their work, the data analysis process, and the implications of potentially insufficient judicial review of warrants.

    1h 3m

  6. 12/22/2025

    Episode 28: Pretrial Detention Efficacy and Alternatives

    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. HLS JD candidate Leann Poarch instead suggests a low-cost, relatively low-tech alternative that may be more effective.

    25 min

  7. 12/16/2025

    Episode 27: The Hidden Costs of Pretrial Detention

    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 effects. Given that detaining individuals not yet convicted can cost local governments more than $13 billion, is it time to look into reforming the pretrial system?

    26 min

  8. 12/09/2025

    Episode 26: When is Informed Consent Unnecessary?

    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 discuss the complexities and criteria involved in obtaining waivers of informed consent within the realm of social science and legal research, comparing it to the regulations governing medical research. The two dive into an A2J Lab study on pretrial risk assessment tools to use as an example in determining the necessity of obtaining informed consent. When does protecting study participants take precedence, and when do critical research needs supersede those of participants? Read the corresponding blog post. Speakers: Shannon Sewards, Director of the Human Research Protection Program, Dartmouth Health; former Director, Harvard University Area IRB Jim Greiner, Honorable S. William Green Professor of Public Law at Harvard Law School; Faculty Director of the Access to Justice Lab at Harvard Law School Resources mentioned: General Requirements for Informed Consent (45 C.F.R § 46.116) General Waiver or Alteration of Consent (45 C.F.R § 46.116(f) Office of Human Research Protection Common Rule (45 C.F.R § 46(a) Related “Ethics in the Law” series episodes: Episode 8: Ethics in Research — IRBs and the Common Rule Explained Episode 10: What is Human Subjects Research in Law? Episode 14: Ethical Conundrums in Legal Research Share feedback and relevant topics you would like the A2J Lab to discuss: a2jlab@law.harvard.edu Stay connected with the Access to Justice Lab: Email newsletter Facebook BlueSky LinkedIn YouTube Support the A2J Proof Over Precedent cover art by Courtney Chrystal

    1h 3m
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About

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.

Information

  • Creator
    Access to Justice Lab at Harvard Law School
  • Years Active
    2025 - 2026
  • Episodes
    25
  • Rating
    Clean
  • Copyright
    © 2025
  • Show Website
    Proof Over Precedent