Richard A. Bierschbach

Professor of Law

Education

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

Areas of Expertise

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

Bio

Professor Bierschbach’s scholarship focuses on the procedural and institutional structure of criminal justice and its relationship to the substantive and regulatory concerns of the criminal law. He teaches courses in administrative law, corporations, and criminal law, and his work often touches on points of overlap between those fields. His articles have been published in a number of top law reviews, including the flagship journals of Yale, Pennsylvania, Minnesota, Michigan, Georgetown, and Virginia.

 

Before joining Cardozo’s full-time faculty in 2005, Professor Bierschbach served as a Bristow Fellow in the U.S. Department of Justice’s Office of the Solicitor General, an Attorney-Advisor in its Office of Legal Counsel, and a law clerk to D.C. Circuit Judge A. Raymond Randolph and U.S. Supreme Court Justice Sandra Day O’Connor. He has also done multiple stints in private practice and has held various leadership roles in the ABA’s Criminal Justice and Administrative Law & Regulatory Practice Sections.

 

He received his J.D. from the University of Michigan Law School, where he was an articles editor of the Michigan Law Review and the winner of both the Daniel H. Grady Prize (for graduating first in his class) and the Henry M. Bates Award (the law school’s highest honor).

 

Cardozo students voted Professor Bierschbach “best professor” in 2013.

Publications

Articles and Essays

 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).

 

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).

 

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

 

 

Commentaries and Other Writing

 

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

 

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

 

Exchange, “Will An Apology Save You From Jail?,” Legal Affairs Debate Club, Apr. 4-8, 2005, available at http://www.legalaffairs.org.

 

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).