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Bennett L. Gershman

Bennett L. Gershman
Bennett L. Gershman

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

Contact:
bgershman@law.pace.edu
Tel: (914) 422-4255
Office: P305

Assistant:
Susanna Della Ruffa
Office: P312-314
(914) 422-4259

Office Hours:
Contact professor via email to schedule an appointment.

Links:
CV
SSRN

Professor Ben Gershman is one of the original faculty members at Pace Law School and has taught as a visiting professor at Cornell Law School and Syracuse Law School. While in private practice he specialized in criminal defense litigation. A former prosecutor with the Manhattan District Attorney’s office for six years, he is the author of numerous articles as well as two books on prosecutorial and judicial ethics. He served for four years with the Special State Prosecutor investigating corruption in the judicial system. He is one of the nation’s leading experts on prosecutorial misconduct. He is active on several Bar Association committees, and is a frequent pro bono litigator. Professor Gershman has taught in the London Law Program, and was named James D. Hopkins Professor for the 2007–2009 academic years.

Publications: 
Books

"The Law School Experience: Law, Legal Reasoning, and Lawyering," (with Lissa Griffin)(2000).

 

"Trial Error and Misconduct," 2d ed., (2007)(supplemented annually).

 

"Prosecutorial Misconduct," 2007 ed. (2006).

 

"Prosecutorial Misconduct," 2d ed. (1999)(supplemented annually).

 

"Trial Error and Misconduct," (1997)(supplemented annually).

 

"Prosecutorial Misconduct. New York: C. Boardman Co.," (1985).

 

 

Law Review Articles

"Prosecutorial Threats and Retaliation," Loyola Chicago Law Journal (forthcoming).

 

"Subverting Brady v. Maryland and Denying a Fair Trial: Studying the Schuelke Report,"  64 Mercer Law Review 683 (2013).

 

"Pre-Plea Disclosure of Impeachment Evidence," 65 Vanderbilt Law Review En Banc 141 (2012).

 

"Educating Prosecutors, and Supreme Court Justices, on Brady v. Maryland," 13 Loyola New Orleans Public Interest Law Journal 517 (2012). 

 

"Judicial Interference With Effective Assistance of Counsel," Pace Law Review (forthcoming).

 

"Prosecutorial Discretion and Decision-Making in the Charging Function," Hastings Law Journal (forthcoming).

 

"The Zealous Prosecutor as Minister of Justice,"  San Diego Law Review (forthcoming).

 

"'Hard Strikes and Foul Blows:' Berger v. United States 75 Years After," 42 Loyola University of Chicago Law Review 177 (2010).

 

"Bad Faith Exception to Prosecutorial Immunity for Brady Violations," Amicus, HarvardCivil Rights-Civil Liberties Law Review online (2010).

 

"Privacy Revisited: GPS Tracking as Search and Seizure," 30 Pace Law Review 927 (2010).

 

"Confronting Scientific Reports Under Crawford v. Washington," 29 Pace Law Review 479 (2009).         

 

"The Most Dangerous Power of the Prosecutor – James D. Hopkins Memorial Lecture," 29 Pace Law Review 1 (2008).

 

"Litigating Brady v. Maryland: Games Prosecutors Play," 57 Case Western Law Review 531 (2007).

 

"No Gatekeeper of Justice," National Law Journal, Feb. 19, 2007, at 22 (with Joel Cohen) (reprinted in New Jersey Law Journal, Feb. 23, 2007 at 659).

 

"Reflections on Brady v. Maryland,"  47South Texas Law Review 685 (2006).

 

"Hussein Trial Lessons," National Law Journal, Nov. 13, 2006, at 31 (with Joel Cohen).

 

"Contaminating the Verdict: The Problem of Juror Misconduct," 50 South Dakota Law Review 322 (2005).

 

"How Juries Get It Wrong - Anatomy of the Detroit Terror Case," 44 Washburn Law Journal 327 (2005).

 

"Prosecutorial Ethics and Victims' Rights: The Prosecutor's Duty of Neutrality," 9 Lewis & Clark Law Review 559 (2005).

 

"Misuse of Scientific Evidence by Prosecutors," 28 Oklahoma City University Law Review 17 (2003).

 

"Witness Coaching By Prosecutors," at 23 Cardozo Law Review 829 (2002).

 

"The Prosecutor's Duty to Truth," 14 Georgetown Journal of Legal Ethics 309 (2001))(reprinted in Chengchi Law Review, No. 116, August 2010).

 

"Child Witnesses and Procedural Fairness," 24 American Journal of Trial Advocacy 585 (2001).

 

"Burdening Constitutional Rights: The Supreme Court's License to Prosecutors," 8 Criminal Justice Journal 51 (2001)

 

"Mental Culpability and Prosecutorial Misconduct," 26 American Journal of Criminal Law 121 (1998) .

 

"Tribute to Barbara Salken," 17 Pace Law Review 23 (1997).

 

"The Term Limits Case. (The Supreme Court and Local Government Law: 1994-95 Term)," 12 Touro Law Review 373 (1996).

 

"Supervisory Power of the New York Courts," 14 Pace Law Review 41 (1994).

 

"The Gate is Open But the Door is Locked: Habeas Corpus and Harmless Error," 51 Washington & Lee Law Review 115 (1994).

 

"The New Prosecutors," 53 Pittsburgh Law Review 393 (1992) [reprinted in Criminal Practice Law Review (Michie Company, 1993)].

 

"A Moral Standard for the Prosecutor's Exercise of the Charging Discretion," 20 Fordham Urban Law Journal 513 (1993).

 

"A Tribute to Thurgood Marshall," 13 Pace Law Review 297 (1993).

 

"The New Prosecutors," 53 University of Pittsburgh Law Review 393 (1992).

 

"Justice William J. Brennan, Jr.: The Moral Force of His Language," 11 Pace Law Review 509 (1991).

 

"The Thin Blue Line: Art or Trial in the Fact-Finding Process," 9 Pace Law Review 275 (1989).

 

"Attorney Loyalty and Client Perjury - A Postscript to Nix v. Whiteside," 14 American Journal of Criminal Law 97 (1987).

 

"Proving the Defendant’s Bad Character," 11 American Journal of Trial Advocacy 477 (1988)[reprinted in Criminal Practice Law Review, Michie Company (1989)].

 

"The New Seditious Libel," 69 Cornell Law Review 816 (1984).

 

"ABSCAM Ethics: Moral Issues and Deception in Law Enforcement," 52 George Washington Law Review 166 (1983).

 

"Abscam, the Judiciary and the Ethics of Entrapment," 91 Yale Law Journal 1565 (1982).

 

"Entrapment, Shocked Consciences and the Staged Arrest," 66 Minnesota Law Review 567 (1982).

 

"The 'Perjury Trap," 129 University of Pennsylvania Law Review 624 (1981).

 

 

Book Reviews

Clarence Darrow, The Story of My Life, Trial, p. 80 (April 1997).

 

Wendy Kaminer, It’s All the Rage, Trial, p. 85 (September 1995).

 

David Von Drehle, Among the Lowest of the Dead: The Culture of Death Row, New York Law Journal, p. 2 (May 16, 1995).

 

Martin Friedland, The Death of Old Man Rice, Trial, p. 90 (March 1995).

 

Hans Zeisel, The Limits of Law Enforcement, 33 Journal of Legal Education 745 (1983).

 

Abscam Ethics: Moral Issues and Deception in Law Enforcement (M. Caplan ed.), 52 George Washington Law Review 166 (1983).

 

 

Other Published Articles

"The Eyewitness Conundrum," 81 New York State Bar Journal 24 (2009).

 

"The Most Dangerous Power of the Prosecutor," 29 Pace Law Review 1 (2008).

 

"Justices Go Hollywood," National Law Journal, p. 27 (August 1, 2007).

 

"The AG and the Death Penalty: Challenges to Justice," Broward Daily Business Review , June 25, 2007, at 5 (with Joel Cohen) (reprinted in Miami Daily Business Review, p. 5 (June 25, 2007) and Palm Beach Daily Business Review, p. 5 (June 25, 2007).

 

"Challenges to Justice," National Law Journal , p.23 (June 18, 2007)(with Joel Cohen).

 

"Goal of Innocence Commission to Prevent Unlawful Imprisonment,"  Journal News (Westchester County), p. 4B (June 10, 2007).

 

"Anti-Immigrant Hysteria is Not a New Phenomenon," Journal News (Westchester County, N.Y.), p. 4B (May 5, 2007).

 

"DA in Duke Case Violated Rules," Broward Daily Business Review, p. 5 (February 26, 2007) (with Joel Cohen) (reprinted in Miami Daily Business Review, p. 5 (February 26, 2007) and Palm Beach Daily Business Review, p. 5 (February 26, 2007).

 

"Latest Exoneration Proves Experts' Lack of Credibility," Journal News (Westchester County, N.Y.), p. 6B (January 31, 2007).

 

"Independent Labs Are Best," National Law Journal, June 14, 2004.

 

"Bush Will Lose ‘Presidential Power’ Cases," Gannett Journal News, June 13, 2004.

 

"Prosecutors Tell Lies, Too," National Law Journal, March 22, 2004.

 

"The Spin, Confidentially," National Law Journal, July 21, 2003.

 

"Prosecutorial' Turf War," the National Law Journal, p. A36 (November 18, 2002).

 

"Now You See It, Now You Don’t: Depublication and Nonpublication of Opinions Raise Motive Questions," 73 New York State Bar Journal 36 (2001)[reprinted in The Champion, p. 20 (June 2002)].

 

"Misconduct By Prosecutors," Criminal Defense Online Weekly (May 17, 2002).

 

"The Election and the Supreme Court," The Reporter Dispatch (October 15, 2000).

 

"Burdening Constitutional Rights," Criminal Justice Journal, p. 51 (Summer, 2000).

 

"Use of Race in “Stop-and-Frisk”, 72 New York State Bar Journal 42 (2000).

 

"Busing and Desegregation," National Law Journal, p. A24 (October 18, 1999).

 

"Race and Justice in Great Britain," New York Law Journal, p. 2 (March 11, 1999).

 

"Lie Detection: The Supreme Court’s Polygraph Decision," 70 New York State Bar Journal 34 (1998).

 

"Defining Perjury Can Be Very Complex," The Reporter Dispatch (October 4, 1998).

 

"Prosecutorial Interference with Judicial Independence," New York Law Journal, p.2 (April 8, 1998).

 

"Perverting the First Amendment," New York Law Journal, p. 2 (January 8, 1998).

 

"Judicial Interference with Effective Advocacy by the Defense," 33 Criminal Law Bulletin 424 (1997).

 

"When Enough Is Enough," New York Law Journal, p. 2 (November 6, 1997).

 

"Jurors Who Nullify," New York Law Journal, p. 2 (June 12, 1997).

 

"Charging Crime: A Postscript," New York Law Journal, p.2 (May 22, 1997).

 

"Prosecuting Prosecutors," New York Law Journal, p. 2 (December 20, 1996).

 

"Race, Crime and Punishment in New York," New York Law Journal, p. 2 (April 24, 1996).

 

"The Governor's Misguided Attempt to Change the Exclusionary Rule," New York Law Journal, p.2 (February 5, 1996).

 

"It's All the Rage: Crime and Culture," 31 Trial 85 (September 1995).

 

"Judicial Conservatism," New York Law Journal, p. 2 (June 21, 1995).

 

"Prosecutorial Misconduct in Presenting Evidence – Backdooring Hearsay," 31 Criminal Law Bulletin 99 (1995).

 

"Forfeiture and the Constitution," New York Law Journal, p. 1 (January 11, 1994).

 

"Federal-State Debate Put in Perspective," The Reporter Dispatch (February 2, 1995).

 

"Second Circuit Evidentiary Ruling Includes a Caution to Prosecutors," New York Law Journal, p. 1 (April 1, 1994).