Proof Over Precedent

State bar associations typically file more UPL complaints than consumers. Given the intended aim of protecting consumers, UPL may actually be serving more as an obstacle and less as a protection for consumers using generative AI in the legal space. That's the argument Wake Forest Law Professor and UPL expert Ellen Murphy makes in the latest Proof Over Precedent episode, where she identifies the legal industry's progress with AI regulation by state and how AI and human counseling may combine to be the strongest access-to-justice resource.

When the organized bar association faced financial strain during the Depression, it cracked down on low-cost legal service providers via auto clubs like AAA, contributing to today's access-to-justice gap. In this "How did we get here?"-style episode, HLS student Andrew Reed interviews Stanford Professor Nora Freeman Engstrom and University of Chicago Fellow James Stone about their research and the "revolution" taking place in many states to reform the legal profession.

The role of trained nonlawyer volunteers is at the center of a back-and-forth court case between nonprofit Upsolve, Inc. and Letitia James, attorney general of the state of New York. This "Student Voices" episode tackles both the access to justice issues at stake for indigent defendants in debt collection cases, as well as New York's unauthorized practice of law statute governing the decision(s), including the most recent ruling by the New York District Court in March. When a service akin to legal and procedural translation is measured against the practice of law itself, it leaves access to justice in an uncertain state.

In this "Student Voices" episode, HLS J.D. candidate Matthew Hohmann interviews Hon. Rowan Wilson, Chief Judge of the New York Court of Appeals, about the challenges facing litigants in New York Family Court, a topic he focused on in his 2026 State of the Judiciary address. Hear about his holistic, long-range view in approaching family court cases.

This week, Proof Over Precedent speaks with Melody Webb, Founder and Executive Director of the Mother's Outreach Network, a Washington, DC-based racial justice and anti-poverty organization that the Access to Justice Lab partnered with in its Mother Up pre-pilot study. Webb shares her vision for the study—which looks at providing Black indigent mothers with guaranteed income to support their children in an effort to reduce child welfare agency involvement—and offers perspective on the preliminary findings from the pilot.

The Empower Parents with Resources Study is the largest randomized control trial of the effect of unrestricted cash gifts on child maltreatment in the United States. Researchers aim to find out if a reduction in financial stress equals a reduction in child welfare involvement. In this week's Proof Over Precedent episode, HLS J.D. candidate Julia Saltzman interviews researcher William Schneider, who explains the broad impact the study may have on families, caseworkers, and child welfare policy.

In this week's Proof Over Precedent episode, HLS J.D. candidate Strong Ma discusses how public perceptions of fairness influence the adoption of AI and algorithms in medicine and law, two industries with varying levels of support and trust in AI. The podcast includes interviews with HLS Professors Jim Greiner and Jon Hanson weighing in on AI's strengths and shortcomings in law, particularly as it compares to human decision making.

This episode of Proof Over Precedent looks at predictive modeling research that could be used alongside policy research to answer the question, "What can we do to increase the number of criminal records cleared?" Researchers examined existing data on automatic record sealing in Pennsylvania and petition-based expungements in Kansas and adjusted criteria that could contribute to more effective record clearing. In the process, they made surprising discoveries on the state and future of criminal record clearances.

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.

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.

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.

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?