Proof Over Precedent – Détails, épisodes et analyse
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Proof Over Precedent
Access to Justice Lab at Harvard Law School
Fréquence : 1 épisode/7j. Total Éps: 42
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Episode 7: Evaluating Online and In-Person Family Law Hearings
lundi 28 juillet 2025 • Durée 44:15
Does the medium of family law cases — online or in-person — factor into procedural justice and the satisfaction of litigants in these cases? In this episode, A2J Lab Associate Director Renee Danser talks with Jim Greiner, faculty director of the A2J Lab, about a study nearing completion, including:
- What led one court system to seek an answer to this question
- How the randomized control trial formed (quickly)
- Measurable goals for the study
- Hypotheses on the findings, due this fall
- A third factor to emerge from the findings
Join us for a deep dive into this study with some takeaways both for the online vs. in-person courtroom debate and for general judicial demeanor.
Read the corresponding blog post.
Speakers:
- 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
- Renee L. Danser, Associate Director of Research and Strategic Partnerships, Access to Justice Lab at Harvard Law School
Resources mentioned:
- La Gratta Consulting
- State Justice Institute
- How Hearing Mediums Impact Family Law Cases, Trends in State Courts, 2024
- Remote Testimonial Fact-Finding, from Part II – Legal Tech, Litigation, and the Adversarial System, 2023 report published by Cambridge University Press
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 15: Pro Se Problems — Defining and Deploying Legal Knowledge
lundi 22 septembre 2025 • Durée 20:31
In this “Student Voices” episode of Proof Over Precedent, HLS J.D. candidate Rachel Barkin discusses the challenges faced by pro se litigants in complying with civil procedure rules. While interpretation of legal language may be an obstacle, she argues that deployability–the ability to effectively use legal knowledge in court–is the more significant hurdle for self-represented litigants. She delves into the quantitative and qualitative research available for addressing the complexities of legal procedures, suggesting that a balance of both may be necessary for a complete understanding of the issues.
Read the corresponding blog post.
Speakers:
- Rachel Barkin, J.D. candidate, Harvard Law School
- Leanne Poarch, J.D. candidate, Harvard Law School
- Aarushi Solanki, J.D. candidate, Harvard Law School
Resources mentioned:
- Testing Ordinary Meaning, Harvard Law Review
- Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change, Cambridge University Press
- Self-Help, Reimagine, Indiana Law Journal
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 14: Ethical Conundrums in Legal Research
lundi 15 septembre 2025 • Durée 45:35
In this Proof Over Precedent episode, the third show in the ‘Demystifying IRBs’ series, host Jim Greiner meets with IRB expert Shannon Sewards to answer the tricky question: Who counts as a ‘human subject’? Medical fields can easily point to human subjects in their research; but in social sciences, the definition relies heavily on federal regulations from Institutional Review Boards that require consent from human subjects to participate in research. So, legal researchers need to know about IRBs and how they define ‘human subjects’ and IRBs need to know about legal research and the role of participants in the studies. While the previous episode in the ‘Demystifying IRBs’ series addressed human subject research versus medical research, this third episode discusses:
- Legal regulations that define human subjects in social science research
- Ethical considerations in applying research to human subjects
- Hypothetical scenarios to illustrate IRB challenges in interpreting and applying federal regulations
- Risk assessments for human subjects
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:
- Institutional Review Board FAQs
- 45 Code of Federal Regulations Part 46, Subpart A [“Common Rule”]
- Office of Human Research Protection
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 13: Criminal Gideon, Civil Gideon, And Gender
lundi 8 septembre 2025 • Durée 15:40
This “Student Voices” episode of Proof Over Precedent discusses the critical need for providing legal representation in civil cases—particularly those in which an individual’s home, family, or safety is at risk. While the right to counsel already extends to criminal cases in both federal and state courts, it does not currently extend to civil cases, where the socioeconomic outcomes often affect women more so than men. HLS LLM Laura Aquino asks why civil cases are not treated with the same level of importance as criminal cases and argues that expanding legal access is a matter of both fairness and justice.
Read the corresponding blog post.
Speakers:
- Laura Alicia Aquino Arriaga, LLM, Harvard Law School
- Michael Pusic, J.D. candidate, Harvard Law School
Resources mentioned:
- The Gender of Gideon, UCLA Law Review
- Gideon v. Wainwright
- Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts (2001)
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 13: Criminal Gideon, Civil Gideon, And Gender
lundi 8 septembre 2025 • Durée 15:40
This “Student Voices” episode of Proof Over Precedent discusses the critical need for providing legal representation in civil cases—particularly those in which an individual’s home, family, or safety is at risk. While the right to counsel already extends to criminal cases in both federal and state courts, it does not currently extend to civil cases, where the socioeconomic outcomes often affect women more so than men. HLS LLM Laura Aquino asks why civil cases are not treated with the same level of importance as criminal cases and argues that expanding legal access is a matter of both fairness and justice.
Read the corresponding blog post.
Speakers:
- Laura Alicia Aquino Arriaga, LLM, Harvard Law School
- Michael Pusic, J.D. candidate, Harvard Law School
Resources mentioned:
- The Gender of Gideon, UCLA Law Review
- Gideon v. Wainwright
- Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts (2001)
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 12: Can Texts Help Secure Housing and Avoid Evictions?
lundi 1 septembre 2025 • Durée 46:31
In this episode of Proof Over Precedent, host Jim Greiner talks with the A2J Lab’s Renee Danser about the recently completed pilot study referred to as the “Eviction Diversion Study.” The study aimed to combat housing security by providing legal information and resources to at-risk populations in the Houston area via text messaging. Ultimately, insights gained from the pilot highlighted the need for and promise of a full-scale study on light-touch intervention as a means of avoiding evictions.
Read the corresponding blog post.
Speakers:
- Renee L. Danser, Associate Director of Research and Strategic Partnerships, Access to Justice Lab at Harvard Law School
- 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:
- Connective
- University of Houston Law Center
- J-PAL North America, Abdul Latif Jameel Poverty Action Lab at MIT
- January Advisors
- Homeless Management Information System
- Final Report: Upstream Legal Literacy as an Eviction Prevention Mechanism: an RCT
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 11: Breaking Legal Traditions — Insights from Medicine’s Evidence-Based Evolution
lundi 25 août 2025 • Durée 15:53
In this “Student Voices” episode of Proof Over Precedent, HLS student Andrew Reed explores how the legal profession could benefit from adopting data-driven, evidence-based practices similar to those in medicine. The episode examines the historical transformation of medicine from tradition-based to science-based and discusses key lessons that law can learn, including:
- prioritizing hard evidence over tradition
- incorporating evidence-based methodologies into legal education
- creating centralized databases for legal research
Read the corresponding blog post.
Resources:
Speakers:
- Andrew Reed, J.D. candidate, Harvard Law School
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 10: What is Human Subjects Research in Law?
lundi 18 août 2025 • Durée 52:10
In this second episode in the Proof Over Precedent series on demystifying the institutional review board process in law, host Jim Greiner speaks again with IRB expert Shannon Sewards, this time to define human subjects research and differentiate it from medical research. The pair delve into:
- The nuances of human subjects research in legal studies
- Interpretive challenges within IRB regulations
- Balancing ethical considerations with regulatory requirements
- Exploring private information in research
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:
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 9: Cellphone Bans: Courthouse Nuisance or Necessity?
lundi 11 août 2025 • Durée 17:23
In this “Student Voices” episode of Proof Over Precedent, HLS student Joe Lieberman interviews classmate Andrew Reed on the implications of courthouse cell phone bans on access to justice, particularly as it relates to self-represented litigants. Though intended to maintain courtroom order and security, the bans often create more headaches for litigants having to secure their phones outside the courthouse; furthermore, Reed suggests, it can be an impediment to access to justice with some litigants missing hearings entirely due to the bans. The discussion touches on the following topics:
- Impact of cell phone bans in courtrooms
- Potential alternatives to cell phone bans
- Opportunity for empirical studies to research the effect of cell phone bans in courthouses
Read the corresponding blog post.
Speakers:
- Andrew Reed, J.D. candidate, Harvard Law School
- Joe Liberman, J.D. candidate, Harvard Law School
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:
Proof Over Precedent cover art by Courtney Chrystal
Episode 8: Ethics in Research — IRBs and the Common Rule Explained
lundi 4 août 2025 • Durée 40:21
Institutional Review Boards (IRBs) watch over human subjects research to ensure ethical compliance. Ubiquitous in medical research, IRBs may still baffle those working in legal research. This week, in the first of a series of podcast talks demystifying IRBs, Proof Over Precedent host Jim Greiner talks with IRB expert Shannon Sewards about the importance of IRBs and the Common Rule in ensuring ethical research practices. Among the topics:
- Understanding IRBs and the Common Rule
- Historical context of medical research
- Adapting medical-based regulations to legal studies
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:
- Institutional Review Board FAQs
- 45 Code of Federal Regulations Part 46, Subpart A [“Common Rule”]
- Nuremberg Trials
- Tuskegee Experiment
- Willowbrook Experiment
- Beecher Article
- Belmont Report
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:
Proof Over Precedent cover art by Courtney Chrystal
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