Rutgers University Law Review

The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.

"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--

Engaging and largely untold, From the Closet to the Courtroom explores how five pivotal lawsuits have altered LGBT history. Beginning each case narrative at the center-with the litigants and their lawyers-law professor Carlos Ball follows the stories behind each crucial lawsuit. He traces the parties from their communities to the courtroom, while deftly weaving in rich sociohistorical context and analyzing the lasting legal and political impact of each judicial outcome.

Why do we know every gory crime scene detail about such victims as Matthew Shepard and James Byrd Jr. and yet almost nothing about the vast majority of other hate crime victims? Now that federal anti-hate-crimes laws have been passed, why has the number of these crimes not declined significantly? To answer such questions, Clara S. Lewis challenges us to reconsider our understanding of hate crimes. In doing so, she raises startling issues about the trajectory of civil and minority rights. Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources—including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches—the book calls attention to a disturbing irony: the sympathetic attention paid to certain shocking hate crime murders further legitimizes an already pervasive unwillingness to act on the urgent civil rights issues of our time. Worse still, it reveals the widespread acceptance of ideas about difference, tolerance, and crime that work against future progress on behalf of historically marginalized communities.

"Do not underestimate the power of the book you are holding in your hands." —Michelle Alexander More than 2 million people are now imprisoned in the United States, producing the highest rate of incarceration in the world. How did this happen? As the director of The Sentencing Project, Marc Mauer has long been one of the country's foremost experts on sentencing policy, race, and the criminal justice system. His book Race to Incarcerate has become the essential text for understanding the exponential growth of the U.S. prison system; Michelle Alexander, author of the bestselling The New Jim Crow, calls it "utterly indispensable." Now, Sabrina Jones, a member of the World War 3 Illustrated collective and an acclaimed author of politically engaged comics, has collaborated with Mauer to adapt and update the original book into a vivid and compelling comics narrative. Jones's dramatic artwork adds passion and compassion to the complex story of the penal system's shift from rehabilitation to punishment and the ensuing four decades of prison expansion, its interplay with the devastating "War on Drugs," and its corrosive effect on generations of Americans. With a preface by Mauer and a foreword by Alexander, Race to Incarcerate: A Graphic Retelling presents a compelling argument about mass incarceration's tragic impact on communities of color—if current trends continue, one of every three black males and one of every six Latino males born today can expect to do time in prison. The race to incarcerate is not only a failed social policy, but also one that prevents a just, diverse society from flourishing.

Founded in 1908 as New Jersey Law School, Rutgers School of Law, Newark possesses a distinctive spirit of excellence, opportunity and innovation. From the beginning, the school welcomed women and the children of immigrants. For the past forty years, its student body has embraced racial, ethnic and socioeconomic diversity, literally changing the face of the legal profession. Rutgers Law has pioneered clinical legal education, instilled in its students a commitment to social justice and public service and counted numerous top scholars and practitioners among its faculty. Not infrequently in its first one hundred years, Rutgers Law has overcome societal, governmental and economic upheavals. Now, new challenges confront it. Distinguished professor of law Paul Tractenberg chronicles the first century and looks with optimism to the future.