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Artwork for The Law, such as it is

The Law, such as it is

Lawrence Lessig
Francesca Gino
Harvard Business School
Academic Misconduct
Harvard University
Data Collada
Behavioral Science
Academic Fraud
Francesca
Due Process
Democracy Reform
Allegation Number Two
Qualtrics
Data Integrity
Remote Association Test
Law
Tenure
Legal Case
University Policy
The Law
Evidence

An exploration of a broken, if beautiful, institution, the law, and tradition, America. Season one told the story of a case, LESSIG v. NYT. Season two begins the story about a country, America, and values that country has betrayed.

PublishesTwice monthlyEpisodes22Founded6 years ago
Number of ListenersCategories
GovernmentDocumentarySociety & Culture

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Artwork for The Law, such as it is

Latest Episodes

In this final episode, Lessig pulls together the argument from across the season. Why did this happen? What should happen next?

Allegation 1 is the only allegation within the 6 year limit for fraud investigation. In this episode, we show why it too fails — and the astonishing failure in the investigation that could have shown precisely what had happened.

In this episode, we review Allegation 3, and reveal the simple omission that undermined the investigation into this allegation.

We continue in this episode by unpacking the charges behind allegation number 4, which involved a paper written 15 years ago.

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Recent Guests

Francesca Gino
Professor and behavioral scientist previously associated with Harvard Business School
Harvard Business School
Episode: How You Know a Business School is Not a Law School

Host

Larry Lessig
Host of The Law, such as it is; long-time legal scholar and commentator on governance and institutional accountability.

Reviews

4.5 out of 5 stars from 26 ratings
  • Get an editor for the love

    It takes true effort to make a podcast that takes this long to get to the point. Season 3’s first 3 episodes are impossibly long without addressing the important allegations

    Apple Podcasts
    2
    124|\0/|421
    Canada8 months ago

Listeners Say

Key themes from listener reviews, highlighting what works and what could be improved about the show.

Listeners appreciate the rigorous, data-driven critique of institutional processes.
Pacing can be lengthy; some episodes feel dense and require patience.
Guests and technical detail are strong, though a few readers want clearer takeaways sooner.

Chart Rankings

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

Apple Podcasts
#167
United Kingdom/Government
Apple Podcasts
#35
Italy/Government
Apple Podcasts
#141
France/Government
Apple Podcasts
#37
Mexico/Government
Apple Podcasts
#64
Poland/Government
Apple Podcasts
#129
Norway/Government

Talking Points

Recent interactions between the hosts and their guests.

Unpacking "Allegation 3"
Q: What would constitute a fair investigation in this case?
A fair investigation would include interviewing RAs, verifying raw data files, and assessing all stages of data handling to distinguish between honest errors and intentional manipulation, rather than presuming guilt from the outset.
Unpacking "Allegation 3"
Q: What is the core defense offered for Allegation 3 regarding the anomalies?
The defense contends that many anomalies likely originated with research assistants and that some changes were innocent data-cleaning steps, not deliberate attempts to mislead, making the charge of fraud questionable.
Unpacking "Allegation 3"
Q: Why did Harvard fail to interview the research assistants involved in the data preparation?
The host argues that interviewing RAs could have clarified whether alterations were errors or deliberate manipulation, potentially exonerating Francesca or at least reframing the allegations as broader issues of data handling rather than personal fraud.
Unpacking the final allegation — "Allegation 1"
Q: Was there any forensic evidence preserved that could answer these questions?
No. A forensic image of Francesca Gino's entire hard drive was never taken, and Harvard instead copied only selected files. This lack of a full disk image prevented definitive conclusions about what happened on January 24th and which files were actually used or modified in the analysis.
Unpacking the final allegation — "Allegation 1"
Q: What did the SPSS logs actually show according to the episode?
The SPSS logs showed multiple sessions with different commands across four files and three separate sessions, indicating researchers were exploring several specifications rather than simply re-running a single analysis. Only a small subset of commands occurred more than once, and there is evidence of legitimate data exploration rather than deliberate manipulation.

Audience Metrics

Listeners, social reach, demographics and more for this podcast.

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Frequently Asked Questions About The Law, such as it is

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A sharp, long-form examination of a high-profile academic misconduct case, filtered through a legal-analytical lens. Episodes dissect the investigation process, due process questions, and data-forensics debates surrounding the allegations, with a focus on how institutions handle evidence, governance, and accountability. The host frequently weighs procedural flaws, contrasts official conclusions with alternative explanations, and calls for more transparent, multidimensional scrutiny of data and personnel involved. This show tends to attract listeners who want rigorous argumentation, policy implications, and a defense of due process in complex institutional disputes. A standout trait is the host's willingness to challenge established narrativ... more

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1. Pivot
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The Law, such as it is launched 6 years ago and published 22 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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