Bennett L. Gershman

University Distinguished Professor Bennett Gershman has been a professor of law at the Elisabeth Haub School of Law since its founding as the Pace Law School in 1976. He has also taught as a visiting professor at Cornell Law School and Syracuse Law School. Prior to coming to Pace, Gershman was a prosecutor in the New York State Anti-Corruption Office, where he argued cases in state and federal courts involving public and political officials charged with corruption.

Gershman has written four books, more than 75 articles in law journals, and hundreds of book reviews, essays, and op-ed pieces. His treatise, Prosecutorial Misconduct, initially published in 1985 and now in its 2nd edition, has become a preeminent resource for scholars and practitioners seeking guidance on wrongful convictions.

As a leading authority in the country on prosecutorial misconduct, Gershman is continuously called upon by the news media for his expertise. He is routinely quoted by the New York Times, the Washington Post, the Los Angeles Times, and The Wall Street Journal, as well as by a host of local publications. He has served as an expert witness on prosecutorial misconduct in numerous criminal cases. He also has devoted much of his time to training prosecutors and judges.

Professor Gershman was named a Pace University Distinguished Professor in 2020, the highest honor the University bestows upon faculty. His lifetime work was recognized in a special edition of the Ohio State Journal of Criminal law dedicated to and “In Honor of Prof. Bennett L. Gershman” in 2019. In 2022, he was honored with a Lifetime Achievement Award by the New York Law Journal for his impact on the legal community and the practice of law over his entire career.

Attesting to his teaching effectiveness, Gershman has received the Outstanding Professor of the Year award from graduating students eight times in the past 20 years. His sensitivity to the student experience is evidenced by his book, The Law School Experience: Law, Legal Reasoning and Lawyering (2000; co-authored with Lissa Griffin), which seeks to demystify the experience of being a law student. Registration for his classes often closes quickly.

• BA, Princeton University
• JD, New York University School of Law

• Constitutional Law Law 646
• Criminal Procedure-Investigation LAW 675
• Evidence LAW 649

View all of Professor Gershman’s publications on SSRN, Digital Commons or download his CV (PDF).

Books:

• Prosecution Stories (2017)
• The Law School Experience: Law, Legal Reasoning, and Lawyering (with Lissa Griffin) (2000)
• Trial Error and Misconduct (2d ed. 2007) (supplemented annually)
• Prosecutorial Misconduct (2d ed. 1999) (supplemented annually)
• Trial Error and Misconduct (1997) (supplemented annually)
• Prosecutorial Misconduct (1985)

Some Articles:

• Threats and Bullying by Prosecutors, 46 Loy. L. Rev. 327 (2014)
• Subverting Brady v. Maryland and Denying a Fair Trial: Studying the Schuelke Report, 64 Mercer L. Rev. 683 (2013)
• Pre-Plea Disclosure of Impeachment Evidence, 65 Vand. L. Rev. En Banc 141 (2012)
• Educating Prosecutors, and Supreme Court Justices, on Brady v. Maryland, 13 Loy. U. N.O. Pub. Int. L.J. 517 (2012)
• Judicial Interference with Effective Assistance of Counsel, 31 Pace L. Rev. 560 (2011)
• Prosecutorial Decision-Making and Discretion in Charging Decision, 62 Hastings L.J. 1259 (2011)
• The Zealous Prosecutor as Minister of Justice, 48 San Diego L. Rev. 151 (2011)

• Lifetime Achievement Award, New York Law Journal (2022)
• Sanford D. Levy Professional Ethics Award, New York State Bar Association (2021)
• Ohio State Journal of Criminal Law – Symposium in Honor of Prof. Bennett Gershman (2019)
• It Could Happen to You, Servant of Justice Award (2016)
• Pace Law School Outstanding Professor of the Year Award (2004)
• Pace Law School Outstanding Professor of the Year Award (2003)
• Pace Law School Outstanding Professor of the Year Award (2002)
• Pace Law School Outstanding Professor of the Year Award (2001)
• Pace Law School Outstanding Professor of the Year Award (2000)
• Pace Law School Outstanding Professor of the Year Award (1998)
• New York State Bar Association, Criminal Justice Section Award for Outstanding Work in
• Criminal Law Education (1991)

Criminal Procedure, Constitutional Law, Evidence, Prosecutorial Ethics and Misconduct