Proof Over Precedent

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.

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.

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?

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: [email protected] 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

Image by Felicia Quan, J.D. candidate, Harvard Law School 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. Listen to Episode 24: Legal Labyrinths Reveal Divorce Filing Woes 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 Roseanna Sommers, Assistant Professor of Law at the University of Michigan Tom Ferriss, data scientist, Google Resources mentioned: “Trapped in Marriage”, SSRN “Using random assignment to measure court accessibility for low-income divorce seekers”, PNAS “Divorce in Philadelphia County” brochure Philadelphia County Court of Common Pleas, Family Division Local Rules Share feedback and relevant topics you would like the A2J Lab to discuss: [email protected] Stay connected with the Access to Justice Lab: Email newsletter Facebook BlueSky Instagram LinkedIn YouTube Support the A2J Lab Proof Over Precedent cover art by Courtney Chrystal