Rephonic
Artwork for Proof Over Precedent
Harvard Law School
Access To Justice Lab
Death Penalty
Artificial Intelligence
Expungement
Access To Justice
Kansas
Common Rule
Immigration
Divorce
Bankruptcy
Pro Se Litigants
Child Welfare
Pretrial Detention
Randomized Controlled Trial
Supreme Court Of the United States
Employment
Involuntary Commitment
IRB
Housing

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... more

PublishesWeeklyEpisodes73Foundeda year ago
Number of ListenersCategories
GovernmentSociety & Culture

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Artwork for Proof Over Precedent

Latest Episodes

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 ... more

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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 thou... more

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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 penal... more

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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 ... more

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Recent Guests

Patricia Gansert
Data Analyst at The Access to Justice Lab
Access to Justice Lab, Harvard Law School
Episode: Episode 69: Study Interrupted—In-Person v. Remote Hearing Modalities
Emily LaGratta
Lawyer and consultant with a background in Center for Court Innovation; focus on procedural justice and research methods in courts
Independent consultant / former Center for Court Innovation
Episode: Episode 68: Evaluating Procedural Fairness in Court and on Zoom
Nathanael Player
Former director of the Utah State Court Self-Help Center; field partner on the online court study
Utah State Court Self-Help Center (former)
Episode: Episode 68: Evaluating Procedural Fairness in Court and on Zoom
Megan Byrne
Staff Attorney, ACLU Capital Punishment Project
ACLU
Episode: Are Death-Qualified Juries Qualified?
Kara Woods
Research analyst at the National Policy Research Center, Alcorn State University
National Policy Research Center at Alcorn State University
Episode: Episode 66: Heirs' Property's Fragile Hold on Land Ownership and Justice
Melissa Jacoby
Professor of commercial and bankruptcy law
University of North Carolina at Chapel Hill; author of Unjust Debts
Episode: Episode 63: Texas Two-Step Bankruptcy--Corporate Restructuring or Legal Loophole?
Katie Taylor
Legal Director at Neighbors Immigration Clinic
Neighbors Immigration Clinic
Episode: Episode 62: Navigating Immigration Law Post-Trump v. CASA
Liliana Yearns
Author of a blog post Why Active Judging Isn't Working Yet
[not specified in transcript]
Episode: Episode 61: The Promise and Pitfalls of Active Judging
Ben Barton
Professor of Law at University of Tennessee, Knoxville
University of Tennessee College of Law
Episode: Episode 60: Beyond Gideon—Rethinking Access to Justice

Host

Jim Greiner
Host of the podcast and affiliated with the Access to Justice Lab, Harvard Law School

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#10
Colombia/Government
Apple Podcasts
#148
Austria/Government
Apple Podcasts
#190
India/Government
Apple Podcasts
#209
Belgium/Government

Talking Points

Recent interactions between the hosts and their guests.

Episode 69: Study Interrupted—In-Person v. Remote Hearing Modalities
Q: What were the case types involved, and what did we mean by participation in the study?
The study focused on divorce and custody cases in the family court context, and participation meant that hearings for those cases would occur exclusively in-person or exclusively via video; however, the actual practice deviated from strict randomization.
Episode 67: Capital Jury Selection's Hidden Biases
Q: How are juries selected in capital cases and what is death qualification?
Jurors are selected through a screening process where potential jurors are questioned about suitability; death qualification excludes those who would not impose the death penalty, leading to biases by race, gender, and religion, and complicates the fair determination of guilt and sentence.
Are Death-Qualified Juries Qualified?
Q: What is the Kansas litigation addressing death qualification and the broader death penalty framework?
Megan describes challenging the Kansas death penalty under both federal and state constitutions, focusing on arbitrary application, racial disparities, and the effect on the right to an impartial jury, including separate challenges to death qualification itself.
Are Death-Qualified Juries Qualified?
Q: So, just jumping right in, how are juries selected in the first place?
The host explains the two main mechanisms—for-cause exclusions during screening and peremptory strikes—and then Megan outlines how death qualification narrows the pool by excluding jurors with moral objections to capital punishment, which can yield biased, non-representative juries.
Episode 65: Access vs. Efficiency—Supreme Court Weighs Frivolous Filings
Q: Do the judges mention any practical burdens or efficiencies that justify these rulings?
Yes, the majority points to administrative burdens and efficiency in handling filings, while Jackson notes that the burdens on staff are likely minimal, suggesting the debate centers on whether efficiency should trump access in civil litigation for indigent defendants.

Audience Metrics

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Frequently Asked Questions About Proof Over Precedent

What is Proof Over Precedent about and what kind of topics does it cover?

The show centers on evidence-based approaches to the civil justice system, frequently featuring researchers, lawyers, and policy advocates who examine access to justice, legal aid, expungement, immigration, labor rights, and the role of technology in legal services. Episodes consistently push for data-informed reform, exploring how innovations (from AI-assisted workflows to bundled services) intersect with real-world outcomes for litigants, workers, and marginalized communities. A standout pattern is the collaboration between Harvard's Access to Justice Lab and partner organizations to question conventional practices, test interventions, and illuminate policy implications with rigorous analysis. This mix of academic scholarship, frontline p... more

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What guests have appeared on Proof Over Precedent?

Recent guests on Proof Over Precedent include:

1. Patricia Gansert
2. Emily LaGratta
3. Nathanael Player
4. Megan Byrne
5. Kara Woods
6. Melissa Jacoby
7. Katie Taylor
8. Liliana Yearns

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