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

    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.

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    Copyright: © 2025

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    Latest Episodes:
    Episode 13: Criminal Gideon, Civil Gideon, And Gender Sep 08, 2025
    Show notes Cartoon depicting a lawyer shown as a wolf evicting the Statue of Liberty and replacing her with Uncle SamImage by Courtney Chrystal, J.D. candidate, Harvard Law School

    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:

    • Email newsletter
    • Facebook
    • BlueSky
    • LinkedIn
    • YouTube

    Support the A2J Lab

    Proof Over Precedent cover art by Courtney Chrystal

    Episode 12: Can Texts Help Secure Housing and Avoid Evictions? Sep 01, 2025
    Show notes Cartoon depicting three little pics trying to avoid eviction from the wolfImage by Felicia Quan, J.D. candidate, Harvard Law School

    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:

    • Email newsletter
    • Facebook
    • BlueSky
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal

    Episode 11: Breaking Legal Traditions — Insights from Medicine’s Evidence-Based Evolution Aug 25, 2025
    Show notes Cartoon depicting a lawyer seeing medical quackery in his mirror reflectionImage by Courtney Chrystal, J.D. candidate, Harvard Law School

    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:

    • James Lind’s scurvy experiment
    • History of evidence-based medicine
    • Cochrane Collaboration

    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:

    • Email newsletter
    • Facebook
    • BlueSky
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal

    Episode 10: What is Human Subjects Research in Law? Aug 18, 2025
    Show notes Cartoon depicting different sports players participating in a Human Subjects BowlImage by Courtney Chrystal, J.D. candidate, Harvard Law School

    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:

    • Institutional Review Board FAQs
    • 45 Code of Federal Regulations Part 46, Subpart A [“Common Rule”]

    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

    Episode 9: Cellphone Bans: Courthouse Nuisance or Necessity? Aug 11, 2025
    Show notes Cartoon depicting courthouse cellphone bansImage by Courtney Chrystal, J.D. candidate, Harvard Law School

    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:

    • Email newsletter
    • Facebook
    • BlueSky
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal

    Episode 8: Ethics in Research — IRBs and the Common Rule Explained Aug 04, 2025
    Show notes Cartoon depicting Common Rule protections for research participantsImage by Courtney Chrystal, J.D. candidate, Harvard Law School

    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:

    • Email newsletter
    • Facebook
    • BlueSky
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal

    Episode 7: Evaluating Online and In-Person Family Law Hearings Jul 28, 2025
    Show notes Cartoon depicting an online court hearing held from a bedroomImage by Courtney Chrystal, J.D. candidate, Harvard Law School

    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:

    • Email newsletter
    • Facebook
    • BlueSky
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal

    Episode 6: Online Courts Show Promise but Little National FTA Data Jul 21, 2025
    Show notes

    STUDENT VOICES: The views expressed are those of the student podcasters and do not necessarily reflect the position of the Access to Justice Lab.

    Cartoon of effect of Zoom court on failure to appear ratesImage by Felicia Quan, J.D. candidate, Harvard Law School

    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.

    Read the corresponding blog post.

    Speakers:

    • Kristen Arnold, J.D. candidate, Harvard Law School
    • Spencer Thieme, 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:

    • Email newsletter
    • BlueSky
    • Facebook
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal, J.D. candidate, Harvard Law School

    Episode 5: Can Simple, Affordable Ideas Improve Courts’ Costly Failure-to-Appear Rates? Jul 14, 2025
    Show notes Image by Courtney Chrystal, J.D. candidate, Harvard Law School

    Failure to appear in criminal cases can lead defendants to jail time, draining resources from police, courts, and taxpayer dollars. But according to Alissa Fishbane, managing director at ideas42, a nonprofit think tank, the solution may be cheaper and easier than expected. A2J Lab Faculty Director Jim Greiner spoke with Fishbane in this episode of Proof Over President about her research into informational gaps that may be a root cause for several court issues like failure to appear and payment of traffic tickets.

    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
    • Alissa Fishbane, Managing Director, ideas42

    Resources mentioned:

    • ideas42
    • What Really Prevents Court Appearance?: Survey Findings from People Who Failed to Appear in Two Counties, Crime and Justice Institute, Feb. 2025
    • New York City Summons Redesign, ideas42
    • Stamping Out Missed Court Dates, ideas42
    • Paying the Price: New Mexico’s Practice of Arresting and Incarcerating People for Nonpayment of Court Debt, Vera Institute of Justice


    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
    • BlueSky
    • Facebook
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal, J.D. candidate, Harvard Law School

    Episode 4: Can Immigration Courts Save Time, Money, AND Noncitizen Dignity with Legal Information Programs? Jul 07, 2025
    Show notes

    STUDENT VOICES: The views expressed are those of the student podcasters and do not necessarily reflect the position of the Access to Justice Lab.

    Cartoon depicting legal information programs' role in supporting unrepresented noncitizens navigating the U.S. immigration systemImage by Felicia Quan, J.D. candidate, Harvard Law School


    Harvard Law School student Julia Saltzman leads a Student Voices episode of Proof Over Precedent to discuss legal information programs amid immigration court proceedings for unrepresented noncitizens. Prior evaluations support the programs from a quantitative view — they reduce detention rates and save taxpayer money. But what about evidence-based research focused on due process? Reframing the angle and the study, she argues, could produce better advocacy tools and improved access to justice.

    Read the corresponding blog post.

    Speakers:

    • Julia Saltzman, J.D. candidate, Harvard Law School
    • Strong Ma, J.D. candidate, Harvard Law School

    Resources mentioned:

    • Executive Office for Immigration Review (EOIR)


    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
    • BlueSky
    • Facebook
    • LinkedIn
    • YouTube

    Support the A2J

    Proof Over Precedent cover art by Courtney Chrystal, J.D. candidate, Harvard Law School

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