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
Corporate Law
Corporations
Criminal Law
Criminal Procedure
Regulation

Bio

Richard Bierschbach’s primary research and teaching interests are in criminal law and procedure.  His work analyzes the interplay of criminal justice’s institutional and procedural structure with its substantive and regulatory aims.  His articles have been published in, among other places, the Yale Law Journal, Michigan Law Review, Virginia Law Review, University of Pennsylvania Law Review, Georgetown Law Journal, and Minnesota Law Review.  He also teaches courses in corporations and administrative law, and has twice—in 2013 and 2015—received the law school’s “best professor” award from Cardozo’s graduating class.  He joined the Cardozo faculty in 2005 and served as Vice Dean from 2015 to 2016.

 

Before coming to Cardozo, Bierschbach clerked for U.S. Supreme Court Justice Sandra Day O’Connor and D.C. Circuit Judge A. Raymond Randolph; served as an Attorney-Advisor in the U.S. Department of Justice’s Office of Legal Counsel and as a Bristow Fellow in its Office of the Solicitor General; and practiced law at a firm in New York.  He attended college and law school at the University of Michigan, first studying engineering as an undergrad before graduating summa cum laude with a B.A. in history.  He received his J.D. in 1997, winning the Daniel H. Grady Prize for graduating first in his class and the Henry M. Bates Award, the law school’s highest honor. 

Publications

What's Wrong With Sentencing Equality?, 102 Va. L. Rev. ___ (forthcoming 2016) (with Stephanos Bibas)

 

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)