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Proof Over Precedent

Proof Over Precedent

De: Access to Justice Lab at Harvard Law School
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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.© 2025 Ciencia Política Ciencias Sociales Política y Gobierno
Episodios
  • Episode 27: The Hidden Costs of Pretrial Detention

    Episode 27: The Hidden Costs of Pretrial Detention
    Dec 16 2025
    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?
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    26 m
  • Episode 26: When is Informed Consent Unnecessary?

    Episode 26: When is Informed Consent Unnecessary?
    Dec 9 2025
    Image by Courtney Chrystal, J.D. candidate, Harvard Law School

    In this episode of Proof Over Precedent, the fourth in a series on Ethics in the Law, host Jim Greiner talks again with IRB expert Shannon Sewards to discuss the complexities and criteria involved in obtaining waivers of informed consent within the realm of social science and legal research, comparing it to the regulations governing medical research. The two dive into an A2J Lab study on pretrial risk assessment tools to use as an example in determining the necessity of obtaining informed consent. When does protecting study participants take precedence, and when do critical research needs supersede those of participants?

    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:

    • General Requirements for Informed Consent (45 C.F.R § 46.116)
    • General Waiver or Alteration of Consent (45 C.F.R § 46.116(f)
    • Office of Human Research Protection
    • Common Rule (45 C.F.R § 46(a)

    Related “Ethics in the Law” series episodes:

    • Episode 8: Ethics in Research — IRBs and the Common Rule Explained
    • Episode 10: What is Human Subjects Research in Law?
    • Episode 14: Ethical Conundrums in Legal Research

    Share feedback and relevant topics you would like the A2J Lab to discuss: a2jlab@law.harvard.edu

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    Proof Over Precedent cover art by Courtney Chrystal
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    1 h y 3 m
  • Episode 25: Legal Labyrinths Reveal Divorce Filing Woes

    Episode 25: Legal Labyrinths Reveal Divorce Filing Woes
    Dec 2 2025
    Why is it so hard logistically to file for divorce when legally some cases are quite simple and uncomplicated? This second divorce study episode of Proof Over Precedent dives into the data behind the hassle factors and shares the surprising results of measuring the pro se accessibility of a court system. Maybe the answer isn't more lawyers.
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    58 m
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