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A Liberal Challenge To Behavioral Economics: The Case Of Probability, Alex Stein
A Liberal Challenge To Behavioral Economics: The Case Of Probability, Alex Stein
Alex Stein
THE "BLUE CAB" EXPERIMENT: ARE LAY FACT-FINDERS "PROBABILISTICALLY CHALLENGED"? No, they are not. The experiment is methodologically deficient, as is the behavioral economics' assumption that one needs to conceptualize probabilities in the Pascalian way in order to be rational.
Mediating Rules In Criminal Law, Alex Stein, Richard A. Bierschbach
Mediating Rules In Criminal Law, Alex Stein, Richard A. Bierschbach
Alex Stein
This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law’s deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself. The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law’s dominant animating theories—deterrence and …