Épisodes

  • Episode 68: Evaluating Procedural Fairness in Court and on Zoom

    Episode 68: Evaluating Procedural Fairness in Court and on Zoom
    Sep 21 2026
    Self-represented litigants primarily measure procedural justice by whether they had a voice, were listened to, and were treated fairly in court. Do these basic marks of overall satisfaction differ between the mode in which the hearing took place though? This week's Proof Over Precedent episode features an interview with justice reform consultant Emily LaGratta and Nathanael Player, former director of the Utah State Court Self-Help Center, about a study looking at litigants' perception of fairness in their respective experiences with either remote or in-person court.
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    50 min
  • Are Death-Qualified Juries Qualified?

    Are Death-Qualified Juries Qualified?
    Sep 14 2026
    Jury selection should aim for a balanced and thoughtful panel; in capital cases, that balance is further underscored. This week's "Student Voices" post argues that "death-qualifying juries"--the practice of excluding jurors who oppose the death penalty--disrupts that balance. Those constitutional guarantees of impartiality, equality, and reliability? Not so ensured with practice. Reform options, however, are not so simple.
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    18 min
  • Episode 67: Capital Jury Selection's Hidden Biases

    Episode 67: Capital Jury Selection's Hidden Biases
    Sep 14 2026
    Serving as a juror fulfills one's civic duty to ensure a system of checks and balances in the U.S. In capital cases, however, "death qualification" ensures that prospective jurors opposed to the death penalty will not have the opportunity to perform this civic duty. This week's Proof Over Precedent episode features a "Student Voices" interview with Megan Byrne of the ACLU's Capital Punishment Project to discuss the shortcomings of less diverse juries due to race, gender, and religious differences. It also looks at a capital case in Kansas in which the courts examined the problems associated with death qualification and the death penalty overall.
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    18 min
  • Episode 66: Heirs' Property's Fragile Hold on Land Ownership and Justice

    Episode 66: Heirs' Property's Fragile Hold on Land Ownership and Justice
    Aug 17 2026
    Just because an individual may own property, does not guarantee that the person may keep that property—that’s the warning stemming from this week's podcast episode featuring an interview with Dr. Kara Woods, research analyst at Alcorn State University’s National Policy Research Center. Issues may arise from heirs property—co-owned land in which the name of the original, and now deceased, owner is still on the deed. Land loss due to heirs property issues affects groups disproportionately by race and class, and the policy protections against it are inconsistent across states. The ensuing legal hurdles mark a barrier that some families cannot overcome. One takeaway: Communicate with your family members!
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    30 min
  • Episode 65: Access vs. Efficiency—Supreme Court Weighs Frivolous Filings

    Episode 65: Access vs. Efficiency—Supreme Court Weighs Frivolous Filings
    Aug 10 2026
    "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.
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    21 min
  • Episode 64: Can AI Resolve Brazil's Judicial Backlog?

    Episode 64: Can AI Resolve Brazil's Judicial Backlog?
    Aug 6 2026
    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.
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    22 min
  • Episode 63: Texas Two-Step Bankruptcy--Corporate Restructuring or Legal Loophole?

    Episode 63: Texas Two-Step Bankruptcy--Corporate Restructuring or Legal Loophole?
    Aug 4 2026
    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.
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    28 min
  • Episode 62: Navigating Immigration Law Post-Trump v. CASA

    Episode 62: Navigating Immigration Law Post-Trump v. CASA
    Jul 27 2026
    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.
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    31 min