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Proof Over Precedent

Access to Justice Lab at Harvard Law School
Proof Over Precedent
Último episodio

69 episodios

  • Proof Over Precedent

    Episode 65: Access vs. Efficiency—Supreme Court Weighs Frivolous Filings

    10/08/2026 | 21 min
    "Martinizing", the controversial Supreme Court practice of denying court fee waivers for indigent litigants, is meant to reduce frivolous filings, but at what cost? This episode looks at the January 2026 Howell order in which Justice Ketanji Brown Jackson was the sole dissenting voice against Martinizing indigent prisoners. Her argument reignites the perspective that access to justice and the potential for future meritorious claims should outweigh workload relief.
  • Proof Over Precedent

    Episode 64: Can AI Resolve Brazil's Judicial Backlog?

    06/08/2026 | 21 min
    More than 100 million pending cases await Brazil courts, so it may not be surprising that the country's Supreme Court Justice has a reportedly rosy view of AI in the court system, especially in time-sensitive civil and criminal matters. The potential for AI to help alleviate the backlog and potentially bring more balance and less bias may brush over the possible system errors and human rubber-stamping that come with it. This "Student Voices" podcast discusses Brazil's use of AI in the court system and the areas ripe for more scrutiny--evaluations through RCTs and metric-based learning models.
  • Proof Over Precedent

    Episode 63: Texas Two-Step Bankruptcy--Corporate Restructuring or Legal Loophole?

    04/08/2026 | 28 min
    The Texas Two-Step is a fairly simple dance, but in the world of corporate bankruptcy, it's the name of a sophisticated maneuver that some profitable companies employ to stop mass tort liabilities and limit the settlements due to victims. It splits a company and strategically divides its assets and liabilities. In this manner, the companies win and the tort victims, by comparison, lose. But there may be reason for cautious optimism. Proof Over Precedent interviews bankruptcy scholar and law professor Melissa Jacoby about the practice, the reasons courts allow it, and the avenues under consideration for making bankruptcy a more just and exceptional option for corporations.
  • Proof Over Precedent

    Episode 62: Navigating Immigration Law Post-Trump v. CASA

    27/07/2026 | 30 min
    Trump v. CASA did not directly address immigration and birthright citizenship when it ruled against universal injunctions, and yet...The aftermath of the ruling left the immigration law landscape in a tailspin. This week's Proof Over Precedent episode interviews Katie Taylor, Legal Director of the Neighbors Immigration Clinic (Lexington, KY), where the practice has shifted its role now that the state houses eight immigration detention centers. She provides a frontline view of the scramble that immigrants and the clinics supporting them face without nationwide relief.
  • Proof Over Precedent

    Episode 61: The Promise and Pitfalls of Active Judging

    20/07/2026 | 20 min
    Pro se litigants have reason to hope for a better civil courtroom experience with active judging. If done right, this reform promises more clarity and mercy for those unfamiliar with legal procedures, and better fact-finding and balanced evidence for judges overseeing the cases. This week's Proof Over Precedent episode discusses the potential for reform, what's holding judges back from fully adopting it, and the procedural and legislative changes necessary to support both judges and pro se litigants in fairer, more efficient civil hearings.
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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.
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