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Expungement appears to have all the signs of promising policy including better job and housing outcomes for individuals whose criminal records have been cleared; low recidivism rates; and subsequently better societal outcomes. Where it falls short, researchers in a Michigan study found, is with accessibility and uptake. This episode of "Proof Over Precedent" looks at the findings and dives into the challenges of studying expungement and the areas where the record-clearing process could be improved.

This episode of "Proof Over Precedent" brings together IRB Director Shannon Sewards and A2J Lab Faculty Director and podcast host Jim Greiner to talk about the complexity of ethical research involving incarcerated individuals and the balance between maintaining those ethical standards and advancing social and behavioral research. The discussion also delves into the differences between protections for biomedical research and those for behavioral research.

When it comes to consumer protection, signing off on the fine print may equate to signing off certain legal rights and agreeing not to sue a company in court but rather to use arbitration. Does the process actually matter? Several studies find variances in consumer financial relief and win rates, along with potential incentives in mandatory arbitration that could discredit the integrity of the process. The latest "Proof Over Precedent" episode calls for new research to address the shortcomings of existing studies and to provide definitive findings on mandatory arbitration's impact on consumers.

In this "Student Voices" episode, HLS J.D. candidate Kristen Arnold looks at the procedural shortcomings of life sentences without the possibility of parole, particularly in comparison to capital punishment cases. She dives into the injustices of the LWOP procedure, the no-hope consequences for inmates and the system, and opportunity for a randomized control trial in the field to improve fairness.

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

Image by Felicia Quan, J.D. candidate, Harvard Law School When it comes to obtaining a divorce, pro se litigants face significant obstacles, stemming primarily from financial challenges. Without a lawyer, many are ill equipped to undertake the complex paperwork, waiting periods, and logistical hurdles that come with filing for divorce. This first of two divorce study episodes of Proof Over Precedent introduces the randomized controlled trial the A2J Lab undertook to determine how effective pro bono matching services are in providing access to justice for low-income individuals.  Listen to Episode 25: 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

Image by Courtney Chrystal, J.D. candidate, Harvard Law School Rogers hearings allow Massachusetts judges to approve treatment plans for involuntarily committed individuals, but the process is criticized for its inefficiency and 99% approval rate. What if procedural reforms could improve outcomes? Replacing district court judges with administrative law judges to oversee hearings and substituting public defenders with mental health professionals as patient advocates could improve outcomes for both the involuntarily committed individuals and the courts—reducing delays, improving patient outcomes, and better utilizing court resources, according to HLS student Aarushi Solanki. She outlines the need for a randomized controlled trial to bring evidence to this proposal. Read the corresponding blog post. Speakers: Aarushi Solanki, J.D. candidate, Harvard Law School Joe Liberman, J.D. candidate, Harvard Law School Resources mentioned: Rogers hearing Gagnon v. Scarpelli Vitek v. Jones 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

Image by Courtney Chrystal, J.D. candidate, Harvard Law School In this “Student Voices” episode of Proof Over Precedent, HLS student Aarushi Solanki discusses involuntary commitment laws for psychiatric patients in Massachusetts. Instead of protecting patient rights, the process of holding separate commitment and treatment hearings winds up denying patients access to timely treatment. A look at global leaders in procedural and substantive mental health reforms could help guide changes in Massachusetts’ legal standards and processes. Read the corresponding blog post. Speakers: Aarushi Solanki, J.D. candidate, Harvard Law School Leanne Poarch, J.D. candidate, Harvard Law School Rachel Barkin, J.D. candidate, Harvard Law School Resources mentioned: Rogers hearing Philadelphia’s Eviction Diversion Program New Hampshire Family Law Mediation Program Italy’s “need-for-treatment” standard 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

Image by Felicia Quan, J.D. candidate, Harvard Law School Can the presence of legal counsel at a criminal justice defendant’s first court hearing transform their journey through the justice system? Two Texas counties examined this possibility in a now-completed A2J Lab study. Director Jim Greiner hosts fellow A2J Lab researcher Renee Danser and Texas A&M researchers George Nafault and Bethany Patterson in a discussion about the project results and their potential impact on legal representation and judicial decision making going forward. Read the corresponding blog post. Speakers: D. James 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 George Naufal, Associate Research Scientist, Public Policy Research Institute, Texas A&M University Bethany Patterson, Research Associate, Public Policy Research Institute, Texas A&M University Resources mentioned: Recognizance Release Order Indigency Determination Texas Indigent Defense Commission Arnold Ventures 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

Image by Courtney Chrystal, J.D. candidate, Harvard Law School Access to justice via government websites should mean ease of digital access to information. But what if your simple search on filing for a restraining order returned lists of forms in legalese or 37 pages of links to weed through for the appropriate form? In this Student Voices episode of Proof Over Precedent, J.D. candidate Spencer Thieme argues for simple and inexpensive upgrades to state and federal government websites to improve accessibility for the nonlawyers and non-government workers. Read the corresponding blog post. Speakers: Spencer Thieme, J.D. candidate, Harvard Law School Rachel Barkin, J.D. candidate, Harvard Law School Resources mentioned: E-Government Act of 2002 United Kingdom government website Official California website Hick’s Law Fitts’s Law 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

Image by Felicia Quan, J.D. candidate, Harvard Law School Early this year, the A2J Lab was expanding globally for the first time, bringing its mission to study access to justice to both Kenya and Tunisia — and just about half-way through its study — when a federal stop-work order abruptly shut down the project. In this episode of Proof Over Precedent, we have no study results to report about the project that intended to look at whether prompt access to quality representation affects legal and social outcomes for defendants in misdemeanors and petty offenses in the two African nations. Instead, the A2J Lab’s Renee Danser shares her experience working on the lab’s first global project, the intentions of the study and the progress it made through January this year, and the lessons learned from both an international project and the discontinuation of the study. Primary takeaway: remain hopeful and persistent as we continue to look for funding to restart the project. Read the corresponding blog post. Speakers: Renee Danser, Associate Director of Research and Strategic Partnerships, Access to Justice Lab at Harvard Law School Michelle Blouin, Communications Associate, Access to Justice Lab at Harvard Law School Resources mentioned: International Legal Foundation (ILF) Justice Initiatives Global 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