Richard A. Bierschbach

Professor of Law


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

Areas of Expertise

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


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.



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)


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)


Reviews, Commentary, and Shorter Works


Review of Richard Weisman, Showing Remorse: Law and the Social Control of Emotion, Criminal Law and Criminal Justice Books, Mar. 2015, available at


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


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)


Will An Apology Save You From Jail?, Legal Affairs (April 4-8, 2005), available at


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)