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Proof Over Precedent

Proof Over Precedent

Access to Justice Lab at Harvard Law School 58 Episodes Oct 13, 2026

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

Episode 71: When and How to Study Attorney Influence in Asylum Cases
Episode 71: When and How to Study Attorney Influence in Asylum Cases Oct 13, 2026 00:52:45 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 point in asylum proceedings where an attorney could be most effective at supporting due process for clients?
Episode 70: Exploring a Lawyer's Impact on Immigration Proceedings
Episode 70: Exploring a Lawyer's Impact on Immigration Proceedings Oct 6, 2026 00:36:47 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 researchers, Jacquelyn Pavilon and Neil Agrawal, about their study measuring the effect of a lawyer in detained 240 removal proceedings in Chica
Episode 69: Study Interrupted—In-Person v. Remote Hearing Modalities
Episode 69: Study Interrupted—In-Person v. Remote Hearing Modalities Sep 28, 2026 00:42:23 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 episode, Professor Jim Greiner talks with the A2J Lab researcher and data analyst who spent years working on our Online Courts study abo
Episode 68: Evaluating Procedural Fairness in Court and on Zoom
Episode 68: Evaluating Procedural Fairness in Court and on Zoom Sep 21, 2026 00:50:01 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 which the hearing took place though? This week's Proof Over Precedent episode features an interview with justice reform consultant Emily L
Are Death-Qualified Juries Qualified?
Are Death-Qualified Juries Qualified? Sep 14, 2026 00:18:22 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 jurors who oppose the death penalty--disrupts that balance. Those constitutional guarantees of impartiality, equality, and reliability? No
Episode 67: Capital Jury Selection's Hidden Biases
Episode 67: Capital Jury Selection's Hidden Biases Sep 14, 2026 00:18:22 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 have the opportunity to perform this civic duty. This week's Proof Over Precedent episode features a "Student Voices" interview with Mega
Episode 66: Heirs' Property's Fragile Hold on Land Ownership and Justice
Episode 66: Heirs' Property's Fragile Hold on Land Ownership and Justice Aug 17, 2026 00:29:45 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 analyst at Alcorn State University’s National Policy Research Center. Issues may arise from heirs property—co-owned land in which the name
Episode 65: Access vs. Efficiency—Supreme Court Weighs Frivolous Filings
Episode 65: Access vs. Efficiency—Supreme Court Weighs Frivolous Filings Aug 10, 2026 00:21:10 "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 in which Justice Ketanji Brown Jackson was the sole dissenting voice against Martinizing indigent prisoners. Her argument reignites the pe
Episode 64: Can AI Resolve Brazil's Judicial Backlog?
Episode 64: Can AI Resolve Brazil's Judicial Backlog? Aug 6, 2026 00:21:43 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 criminal matters. The potential for AI to help alleviate the backlog and potentially bring more balance and less bias may brush over the
Episode 63: Texas Two-Step Bankruptcy--Corporate Restructuring or Legal Loophole?
Episode 63: Texas Two-Step Bankruptcy--Corporate Restructuring or Legal Loophole? Aug 4, 2026 00:28:11 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 settlements due to victims. It splits a company and strategically divides its assets and liabilities. In this manner, the companies win and the
Episode 62: Navigating Immigration Law Post-Trump v. CASA
Episode 62: Navigating Immigration Law Post-Trump v. CASA Jul 27, 2026 00:30:31 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 week's Proof Over Precedent episode interviews Katie Taylor, Legal Director of the Neighbors Immigration Clinic (Lexington, KY), where the
Episode 61: The Promise and Pitfalls of Active Judging
Episode 61: The Promise and Pitfalls of Active Judging Jul 20, 2026 00:20:46 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 fact-finding and balanced evidence for judges overseeing the cases. This week's Proof Over Precedent episode discusses the potential for reform

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