Richard A. Bierschbach

Vice Dean and Professor of Law

Education

B.A. 1994; J.D. 1997, University of Michigan

Areas of Expertise

Administrative Law
Corporate & White-Collar Crime
Corporate Law
Corporations
Criminal Law
Criminal Procedure
Regulation

Bio

Richard Bierschbach’s scholarship focuses on criminal law and procedure, with an emphasis on the procedural and institutional structure of criminal justice and how it intersects with criminal law’s substantive and regulatory aims.  His work in that vein has explored a range of topics, including the link between the constitutionality of punishment and sentencing design; how evidentiary rules interact with criminal law’s deterrent and retributivist goals; the relationship of procedural rules to penalty-setting in light of criminal law’s expressive and definitional constraints; and how criminal procedure treats remorse and apology and the values that underlie them.  His articles have appeared in a number of top law journals, including the Virginia Law Review, Michigan Law Review, Yale Law Journal, University of Pennsylvania Law Review, Minnesota Law Review, and Georgetown Law Journal.  

 

Before joining Cardozo’s full-time faculty in 2005, Professor Bierschbach served as an Attorney-Advisor in the U.S. Department of Justice’s Office of Legal Counsel, a Bristow Fellow in its Office of the Solicitor General, and a law clerk to D.C. Circuit Judge A. Raymond Randolph and U.S. Supreme Court Justice Sandra Day O’Connor.  He has done multiple stints in private practice, where he focused on appeals and legal and strategic counseling, and has held various leadership roles in the ABA’s Criminal Justice and Administrative Law & Regulatory Practice Sections.  He received his J.D. in 1997 from the University of Michigan Law School, where he won both the Daniel H. Grady Prize for graduating first in his class and the Henry M. Bates Award, the law school’s highest honor.

 

Professor Bierschbach teaches courses in criminal law, administrative law, and corporations. Cardozo’s graduating class voted him best professor in 2013 and 2015.

Publications

Review of Richard Weisman, Showing Remorse: Law and the Social Control of Emotion, Criminal Law and Criminal Justice Books, Mar. 2015, available at http://clcjbooks.rutgers.edu/books/showing-remorse.html

 

Justice of the People, by the People, for the People, National Review, Vol. 66, No. 24, at 36 (2014) (with Stephanos Bibas)

 

Constitutionally Tailoring Punishment, 112 Mich. L. Rev. 397 (2013) (with Stephanos Bibas)

 

Notice-and-Comment Sentencing, 97 Minn. L. Rev. 1 (2012) (with Stephanos Bibas)

 

Proportionality and Parole, 160 U. Pa. L. Rev. 1745 (2012)

 

U.S. Supreme Court Extends Time to File Federal Securities Fraud Suits, 24 Insights 28 (June 2010) (with Jonathan Li & Gregory Shill)

 

Second Circuit Leaves Door Open For Foreign Plaintiffs’ Securities Actions Against Foreign Issuers, 22 Insights 34 (December 2008) (with Alex Southwell & Joshua Wilkenfeld)

 

Deterrence, Retributivism, and the Law of Evidence, 93 Va. L. Rev. In Brief 189 (2007) (with Alex Stein)

 

Mediating Rules in Criminal Law, 93 Va. L. Rev. 1197 (2007) (with Alex Stein)

 

Allocution and the Purposes of Victim Participation under the CVRA, 19 Fed. Sent. Rep. 44 (2006)

 

Overenforcement, 93 Geo. L.J. 1743 (2005) (with Alex Stein)

 

Will An Apology Save You From Jail?, Legal Affairs (April 4-8, 2005), available at http://www.legalaffairs.org/webexclusive/debateclub_apology0405.msp

 

Integrating Remorse and Apology into Criminal Procedure, 114 Yale L.J. 85 (2004) (with Stephanos Bibas)

 

Note, One Bite at the Apple: Reversals of Convictions Tainted by Prosecutorial Misconduct and the Ban on Double Jeopardy, 94 Mich. L. Rev. 1346 (1996)