Proof Over Precedent - Access to Justice Lab at Harvard Law School

Latest Episodes:

Episode 33: Are Federal Regulations Protecting Prisoners or Paralyzing Research? Jan 27, 2026

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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.

Episode 32: Arbitration vs. Litigation -- Who Benefits? Jan 19, 2026

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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.

Episode 31: Life Without Parole—a Death Sentence in Disguise Jan 12, 2026

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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.

Episode 30: Do Judges Actually Read Search Warrants? Jan 06, 2026

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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.

Episode 28: Pretrial Detention Efficacy and Alternatives Dec 22, 2025

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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.

Episode 27: The Hidden Costs of Pretrial Detention Dec 16, 2025

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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?