Stuart Green
Distinguished Professor of Law, and Nathan L. Jacobs Scholar
Stuart Green’s work seeks to explore the underlying moral content of the criminal law. He is especially concerned with the question of criminalization – what kinds of behavior are justifiably punished, and why. His books and articles have focused in particular on the moral limits of theft, white collar crime, homicide, and a wide range of sexual offenses.
Biography
Professor Green received a B.A. in philosophy from Tufts University and a J.D. from Yale Law School, where he was a notes editor of the Yale Law Journal. After law school, he clerked for Judge Pamela Ann Rymer of the U.S. District Court and U.S. Ninth Circuit Court of Appeals in Los Angeles and then served as an associate with the law firm of Wilmer, Cutler & Pickering in Washington, DC. Prior to joining the Rutgers faculty, Green taught at the Louisiana State University Law School.
Green’s work, which has been translated into six languages, includes Criminalizing Sex: A Unified Liberal Theory (OUP, 2020); Thirteen Ways to Steal a Bicycle: Theft Law in the Information Age (HUP, 2012); Philosophical Foundations of Criminal Law (co-edited with Antony Duff) (OUP, 2011); Lying, Cheating, and Stealing: A Moral Theory of White Collar Crime (OUP, 2006); and Defining Crimes: Essays on the Special Part of the Criminal Law (co-edited with Duff) (OUP, 2005).
He is currently working on two new books. One is an "advanced introduction" to criminal law theory. The other, on the law of homicide, will be the fourth (and likely final) volume of the series of books he has been writing on the conceptual and normative underpinnings of the criminal law’s special part.
The recipient of fellowships from the Leverhulme Trust, the U.S.-U.K. Fulbright Commission, Corpus Christi College, Oxford, and Exeter College, Oxford, Green has served as a visiting professor or visiting fellow at the Universities of Glasgow, Melbourne, Michigan, Oxford, and Tel Aviv, the Australian National University, the London School of Economics, and Reichman University (IDC Herzliya).
Professor Green serves on the editorial boards of several leading peer-reviewed journals. He is a former consultant to the Law Commission for England and Wales and to the Human Dignity Trust and a frequent media commentator on issues in criminal law and ethics.
Publications
Books
Criminalizing Sex: A Unified Liberal Theory (Oxford University Press, 2020)
Thirteen Ways to Steal a Bicycle: Theft Law in the Information Age (Harvard University Press, 2012)
Philosophical Foundations of Criminal Law (co-edited with R.A. Duff) (Oxford University Press, 2011; paperback edition, 2013)
Lying, Cheating, and Stealing: A Moral Theory of White Collar Crime (Oxford University Press, 2006; paperback edition, 2007)
Defining Crimes: Essays on the Special Part of the Criminal Law (co-edited with R.A. Duff) (Oxford University Press, 2005)
Op-ed and Opinion Pieces
“Should it be a Crime to Spread the Coronavirus?” N.Y. Daily News (May 19, 2020)
“Harvey Weinstein and the Decriminalization of Prostitution,” OUP blog (March 23, 2020)
“No, the Harvey Weinstein Verdict Isn’t a Judgment on #MeToo Itself,” New York Daily News (Feb. 19, 2020)
"The Looming Question in Rape Law After Harvey Weinstein," Wall Street Journal (Jan. 3, 2020)
“In College Admissions, Like Politics, the Scandal is What’s Legal” (with Deborah Hellman), Ozy.com (March 14, 2019)
“Bribery, Crowdfunding, and the Strange Case of Senator Susan Collins” (with Deborah Hellman), The Atlantic.com (Sept. 14, 2018)
“When a Bribe is Not a Bribe,” Newark Star-Ledger (Oct. 8, 2017)
“I’m Banning Laptops from My Classroom,” Wall Street Journal (July 11, 2016)
“The ‘Must-Steal’ Product of the Season,” New York Times Room for Debate (January 14, 2013)
“Everybody Lies, Especially to Themselves,” Haaretz (July 2012) (reviewing Dan Ariely, The (Honest) Truth About Dishonesty)
“When Stealing Isn’t Stealing,” New York Times (March 28, 2012)
“Why Do People Cheat on their Taxes?,” CNBC.com (April 8, 2011)
“Sestak, Clinton, and Obama: Was it a Bribe?,” Christian Science Monitor (May 28, 2010)
“iPhone, Gizmodo, and Moral Clarity about Crime,” Christian Science Monitor (May 4, 2010)
“Don’t Make My Day,” Haaretz (Israel) (March 14, 2008)
“Note to O.J.: Call the Dream Team,” Boston Globe (September 18, 2007)
“Divestment Dilemma: Shareholders Must Shoulder Some of the Blame for Corporate Malfeasance,” Worth (May 2007)
“The Coverup Paradox,” Boston Globe (March 8, 2007); also published as “Fair or Unfair? Some Defenders of I. Lewis Libby Say His Conviction Was No Big Deal. But the Evidence Suggests Otherwise,” Philadelphia Inquirer (March 8, 2007)
“Rideau and Killen Trials: When Justice Is Delayed,” National Law Journal (January 31, 2005)
“Guest Comment: Free Speech, Free Underwear,” Detroit Free Press (October 13, 2004)
“We Should Consider Prosecuting the Catholic Church,” Houston Chronicle (April 19, 2002)
“Historian Broke the Rules, But Is That So Bad?,” Los Angeles Times (January 14, 2002)
Scholarly Articles and Book Chapters
“Presuming Nonconsent to Sex in Cases of Incapacity and Abuse of Position,” forthcoming in Tatjana Hörnle (ed.), Sexual Assault and Rape -- What Can We Learn from and for Law Reform? (Oxford University Press)
“Sexual Offenses,” forthcoming in Valsamis Mitsilegas, et al. (eds.), Encyclopaedia of Criminal Law and Criminal Justice (Edgar Elgar Publishers)
“Legal Moralism, Overinclusive Offenses, and the Problem of Wrongfulness Conflation,” 14 Criminal Law and Philosophy 417-30 (2020)
“Incest,” in Larry Alexander and Kim Ferzan (eds.), Palgrave Handbook on Applied Ethics and the Criminal Law (Palgrave Macmillan, 2020), pp. 337-57
“The Legal Enforcement of Integrity,” in Christian B. Miller and Ryan West (eds.), Integrity, Honesty, and Truth-Seeking (Oxford University Press, 2020), pp.35-62
"To See and Be Seen: Reconstructing the Law of Voyeurism and Exhibitionism," 54 American Criminal Law Review 203 (2018)
“Lying and the Law,” in Jörg Meibauer (ed.), The Oxford Handbook of Lying (Oxford University Press, 2018)
“Tax Evasion as Crime,” in Monica Bhandari (ed.), Philosophical Foundations of Tax Law (Oxford University Press, 2017)
"What Counts as Prostitution?", 4 Bergen Journal of Criminal Law and Criminal Justice 65 (2016)
“The Conceptual Utility of Malum Prohibitum,” 55 Dialogue: the Canadian Philosophical Review 33 (2016)
"What are the Sexual Offences?,” in Chad Flanders and Zach Hoskins (eds.), The New Philosophy of Crimina Law (Rowman Littlefield, 2015)
“Lies, Rape, and Statutory Rape,” in Austin Sarat (ed.), Law and Lies: Deception and Truth-Telling in the American Legal System (Cambridge University Press, 2015)
“Offenses Against Property,” in Markus Dubber and Tatjana Hörnle (eds.), The Oxford Handbook of Criminal Law (Oxford University Press, 2014)
“Official Bribery and Commercial Bribery: Should They Be Distinguished?,” in Jeremy Horder and Peter Alldridge (eds.), Modern Bribery Law: Comparative Perspectives (Cambridge University Press, 2013)
“Vice Crimes and Preventive Justice,” 8 Criminal Law and Philosophy (2013)
Foreword to New England Law Review symposium on Thirteen Ways to Steal a Bicycle (2013)
Prefacio a la edicion en Castellano, Mentir, hacer trampas y apropiarse de lo ajeno (Marcel Pons Publishers, 2013) (preface to Spanish edition of Lying, Cheating, and Stealing: A Moral Theory of White Collar Crime)
Foreword to Symposium on Vice and the Criminal Law, 7 Criminal Law & Philosophy 3 (2013)
“Bribery,” in Lawrence M. Salinger (ed.), Encyclopedia of White-Collar and Corporate Crime (Sage Reference, 2d ed., 2013)
“When is it Wrong to Trade Stocks on the Basis of Non-Public Information? Public Views of the Morality of Insider Trading” (with Matthew Kugler), 39 Fordham Urban Law Journal 445 (2012) (symposium).
“Public Perceptions of White Collar Crime Seriousness: Bribery, Perjury, and Fraud” (with Matthew Kugler), 75 Law & Contemporary Problems 33 (2012) (symposium)
“Cheating,” “Strict Liability,” and “White Collar Crime,” in Hugh LaFollette (ed.), International Encyclopedia of Ethics (Wiley-Blackwell, forthcoming 2012)
“Thieving and Receiving: Overcriminalizing the Possession of Stolen Property,” 14 New Criminal Law Review 35 (2011)
"Taking it to the Streets," 89 Texas Law Review 61 (2011) (responding to Paul Robinson, Michael Cahill, and Daniel Bartels, “Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory”)
“Hard Times, Hard Time: Retributive Justice for Unjustly Disadvantaged Offenders,” in 2010 University of Chicago Legal Forum 21-48 (symposium), published in revised form as “Just Deserts in Unjust Societies: A Case-Specific Approach,” in Philosophical Foundations of Criminal Law, above
“Golden Rule Ethics and the Death of the Criminal Law’s Special Part,” 29 Criminal Justice Ethics 208 (2010) (reviewing Larry Alexander & Kim Ferzan, Crime and Culpability)
“Theft by Omission,” in James Chalmers, Lindsay Farmer, and Fiona Leverick (eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon (Edinburgh University Press, 2010)
“Community Perceptions of Theft Seriousness: A Challenge to Model Penal Code and English Theft Act Consolidation” (with Matthew Kugler), 7 Journal of Empirical Legal Studies 511 (2010)
“What is Wrong with Tax Evasion?,” 9 Houston Business and Tax Law Journal 221 (2009)
“Is There Too Much Criminal Law?,” 6 Ohio State Journal of Criminal Law 737 (2009) (reviewing Douglas Husak, Overcriminalization)
“Why Do Privately-Inflicted Criminal Sanctions Matter?” and “Sharing Wrongs Between Criminal and Civil Sanctions,” in Paul H. Robinson, Stephen Garvey, and Kimberly Ferzan (eds.), Criminal Law Conversations (Oxford University Press, 2009)
"Moral Ambiguity in White Collar Criminal Law," 18 Notre Dame J. Law, Ethics, and Public Policy 501 (2004)