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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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: a2jlab@law.harvard.edu

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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: a2jlab@law.harvard.edu

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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: a2jlab@law.harvard.edu

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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: a2jlab@law.harvard.edu

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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: a2jlab@law.harvard.edu

Stay connected with the Access to Justice Lab:

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Proof Over Precedent cover art by Courtney Chrystal