Proof Over Precedent

Proof Over Precedent is a weekly podcast discussing the work of bringing credible evidence to lawyers, judges, and decision makers, to transform the U.S. justice system into an evidence-based field. Listeners will learn from 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.

Cartoon depicting different sports players participating in a Human Subjects Bowl

Episode 10: What is Human Subjects Research in Law?

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.

Cartoon depicting courthouse cellphone bans

Episode 9: Cellphone Bans: Courthouse Nuisance or Necessity?

In this Student Voices episode of Proof Over Precedent, J.D. candidate Andrew Reed discusses courthouse cell phone bans including unintended consequences, potential solutions to cellphone disruptions, and an opportunity for empirical studies on the topic.

Cartoon depicting an online court hearing held from a bedroom

Episode 7: Evaluating Online and In-Person Family Law Hearings

Does the medium of family law cases — online or in-person — factor into procedural justice and the satisfaction of litigants in these cases? One U.S. court system wanted to find out. With the study a few months from completion, a third factor has emerged– litigant choice.

Cartoon of effect of Zoom court on failure to appear rates

Episode 6: Online Courts Show Promise but Little National FTA Data

Hypothetical situation (that was real for at least one person): You’re issued a traffic ticket requiring appearance in a courthouse 400 miles away from your home. Do you a) absorb the travel costs and skip work to appear in court, b) pay the ticket fine online, if possible, to avoid the hassle, c) hire a lawyer to appear for you, if possible, or d) appear in court via Zoom, if available? The best option seems obvious, but data on Zoom’s effect on court hearings and failure to appear rates are still elusive.

Cartoon depicting non-lawyer legal services in agency immigration litigation

Episode 3: Can Non-Lawyers Offer Relief and Expertise in Deportation Cases?

In this first Student Voices episode of Proof Over Precedent, Harvard Law School student Michael Pusic proposes a possible solution for the 86% of noncitizens detained in immigration court without a lawyer: Enable non-lawyers with specialized training and experience to represent individuals facing deportation. It’s already passed observational tests; now, he says, it’s time for a randomized control trial.

Cartoon reflecting whether legal services can help families avoid child welfare involvement

Episode 1: Could Holistic Legal Services Help Families Avoid the Child Welfare System?

This episode offers a mid-study update on a decades-long randomized control trial, unofficially referred to as the “Child Welfare” project, which evaluates whether families with children who face poverty-related legal and social challenges can avoid unnecessary entries into the child welfare system with the assistance of holistic legal services – a combination of social worker services and a traditional attorney-client relationship. Take a listen.

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