I specialize in Evidence, Economics of Law Enforcement, Medical Malpractice, Torts,
Criminal Law, and Criminal Procedure. 

I have published two books and over fifty articles in these areas. For details, please
visit my website: http://www.professoralexstein.com/. 

Read my e-Journal, STEIN on Medical Malpractice: http://steinmedicalmalpractice.com.

Evidence

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EVIDENCE, PROBABILITY, AND THE BURDEN OF PROOF (with Ronald J. Allen), Arizona Law Review (2013)

This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that...

 

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Third party negligence in medical malpractice cases: the quiet demise of res inter alios acta (2013)

This post analyzes Martinez ex rel. Fielding v. The John Hopkins Hosp., --- A.3d ----,...

 

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Are People Probabilistically Challenged? Book Review of Daniel Kahneman, THINKING, FAST AND SLOW (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

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ARE PEOPLE PROBABILISTICALLY CHALLENGED? BOOK REVIEW OF DANIEL KAHNEMAN, "THINKING, FAST AND SLOW" (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

Criminal Law

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Corrupt Intentions: Bribery, Unlawful Gratuity, and Honest-Services Fraud, Law & Contemporary Problems (2012)

This Article develops an economic understanding of bribery, unlawful gratuity, and honest-services fraud offenses. Given...

 

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The Relational Contingency of Rights (with Gideon Parchomovsky), Virginia Law Review (2012)

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent....

 

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SELF-INCRIMINATION, Procedural Law and Economics (Chris W. Sanchirico, volume ed., 2011) (ENCYCLOPEDIA OF LAW AND ECONOMICS, Vol. X, Edward Elgar Publishing Limited, Cheltenham, UK, Gerrit De Geest, gen. ed., 2nd ed. 2009-2011) (2011)

This Chapter surveys the law & economics literature on self-incrimination and confessions.

 

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Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

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The Distortionary Effect of Evidence on Primary Behavior (with Gideon Parchomovsky), Harvard Law Review (2010)

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an...

 

Torts

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Recent Developments in Medical Malpractice, December 2013 (2013)

This article analyzes the most important court decisions in medical malpractice for December 2013.

 

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Recent Developments in Medical Malpractice, November 2013 (2013)

This article analyzes the most important court decisions in medical malpractice for November 2013.

 

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Medical Malpractice: Governmental immunity for EMTs (2013)

This post analyzes a new decision of the New York Court of Appeals that granted...

 

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Third party negligence in medical malpractice cases: the quiet demise of res inter alios acta (2013)

This post analyzes Martinez ex rel. Fielding v. The John Hopkins Hosp., --- A.3d ----,...

 

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Florida Supreme Court voids private arbitration agreement to adjudicate medical malpractice complaints (2013)

In a recent decision, Franks v. Bowers, --- So.3d --, 2013 WL 3064807 (Fla. 2013),...

 

Medical Malpractice

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Recent Developments in Medical Malpractice, February 2014 (2014)

This article analyzes the most important court decisions in medical malpractice for February 2014.

 

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Recent Developments in Medical Malpractice, January 2014 (2014)

This article analyzes the most important court decisions in medical malpractice for January 2014.

 

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Recent Developments in Medical Malpractice, December 2013 (2013)

This article analyzes the most important court decisions in medical malpractice for December 2013.

 

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Recent Developments in Medical Malpractice, November 2013 (2013)

This article analyzes the most important court decisions in medical malpractice for November 2013.

 

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Recent Developments in Medical Malpractice, October 2013 (2013)

This article analyzes the most important court decisions in medical malpractice for October 2013.

 

Procedure

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Intellectual Property Defenses (with Gideon Parchomovsky), Columbia Law Review (2013)

This Article demonstrates that all intellectual property defenses fit into three conceptual categories: general, individualized,...

 

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EVIDENCE, PROBABILITY, AND THE BURDEN OF PROOF (with Ronald J. Allen), Arizona Law Review (2013)

This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that...

 

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The Relational Contingency of Rights (with Gideon Parchomovsky), Virginia Law Review (2012)

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent....

 

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SELF-INCRIMINATION, Procedural Law and Economics (Chris W. Sanchirico, volume ed., 2011) (ENCYCLOPEDIA OF LAW AND ECONOMICS, Vol. X, Edward Elgar Publishing Limited, Cheltenham, UK, Gerrit De Geest, gen. ed., 2nd ed. 2009-2011) (2011)

This Chapter surveys the law & economics literature on self-incrimination and confessions.

 

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Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Law and Economics

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Intellectual Property Defenses (with Gideon Parchomovsky), Columbia Law Review (2013)

This Article demonstrates that all intellectual property defenses fit into three conceptual categories: general, individualized,...

 

PDF

EVIDENCE, PROBABILITY, AND THE BURDEN OF PROOF (with Ronald J. Allen), Arizona Law Review (2013)

This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that...

 

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Are People Probabilistically Challenged? Book Review of Daniel Kahneman, THINKING, FAST AND SLOW (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

ARE PEOPLE PROBABILISTICALLY CHALLENGED? BOOK REVIEW OF DANIEL KAHNEMAN, "THINKING, FAST AND SLOW" (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

Jurisprudence

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Intellectual Property Defenses (with Gideon Parchomovsky), Columbia Law Review (2013)

This Article demonstrates that all intellectual property defenses fit into three conceptual categories: general, individualized,...

 

PDF

Are People Probabilistically Challenged? Book Review of Daniel Kahneman, THINKING, FAST AND SLOW (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

ARE PEOPLE PROBABILISTICALLY CHALLENGED? BOOK REVIEW OF DANIEL KAHNEMAN, "THINKING, FAST AND SLOW" (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

The Relational Contingency of Rights (with Gideon Parchomovsky), Virginia Law Review (2012)

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent....

 

PDF

Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Courts