Forthcoming Articles


Screening Out Unwanted Calls: The Manipulation of Standing 'Doctrine', Nevada Law Journal, Forthcoming (2015)

This article explores one dimension of the "closed courthouse door" approach of recent Supreme Court...




The Slow Demise of Race Preference, NYU Review of Law & Social Change (2015)

This article traces the origins of affirmative action, its initial success, and the Reagan Administration's...



The Fraudulent Case Against Affirmative Action: The Untold Story Behind Fisher v. University of Texas, Buffalo Law Review (2014)

For over thirty-five years, the Supreme Court has grappled with the controversial issue of affirmative...



Bush v. Gore: The Worst (or at Least Second-to-the-Worst) Supreme Court Decision Ever, Nevada Law Journal (2012)

In the stiff competition for worst Supreme Court decision ever, two candidates stand heads above...



Ricci v. DeStefano: The New Haven Firefighters Case and the Triumph of White Privilege, Southern California Review of Law and Social Justice (2011)

Ricci v. DeStefano is the most important recent Supreme Court pronouncement on one of the...



Behavioral Science Evidence in the Age of Daubert: Reflections of a Skeptic, University of Cincinnati Law Review (2005)

The piece briefly traces the history of the use of social science in the courtroom,...



The Demise of Circumstantial Proof in Employment Discrimination Litigation: St. Mary's Honor Center v. Hicks, Pretext, and the 'Personality' Excuse, Berkeley Journal of Employment and Labor Law (1997)

Since the enactment of Title VII of the Civil Rights Act of 1964 the courts...



Costs, Profits, and Equal Employment Opportunity, Notre Dame Law Review (1987)

Professor Brodin explores the clash between the antidiscrimination principle embodied in Title VII of the...



The Role of Fault and Motive in Defining Discrimination: The Seniority Question Under Title VII, North Carolina Law Review (1984)

Seniority systems play an important role in American industry, often governing rights to promotion, pay...



Case Note: Ashe v. Swenson: Collateral Estoppel, Double Jeopardy, and Inconsistent Verdicts, Columbia Law Review (1971)

The Supreme Court in Ashe v. Swenson held that the fifth amendment's guarantee against double...



Handbook of Massachusetts Evidence, 2015 Edition (with Michael Avery) (2015)
Civil Procedure: Doctrine, Practice, and Context, 4th Edition (with Stephen Subrin, Martha Minow, Thom Main, and Alexandra LaHav) (2012)

The fourth edition, written by respected scholars and experienced educators, includes both classic and new...



Criminal Procedure: The Constitution and the Police, 6th (with Robert M. Bloom) (2010)

Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method...



William P. Homans Jr.: A Life in Court (2010)

Boston lawyer William P. Homans Jr. devoted his fifty-year career to the defense of the...



Civil Procedure: Doctrine, Practice, and Context, 3rd (with Stephen N. Subrin, Martha L. Minow, and Thomas O. Main) (2008)


Handbook of Massachusetts Evidence, 8th (with Michael Avery and Paul J. Liacos) (2007)

Sixth, Seventh, and Eighth Editions and Annual Supplements through 2010



Criminal Procedure: Examples and Expanations, 4th (with Robert M. Bloom) (2004)

Third and Fourth editions


Contributions to Books


Foreword (with Benjamin J. Cantor), Courtroom Guide for Non-Lawyers: Including Glossary of 448 Legal Terms and 81 Suggestions for (2001)


Contributor, Jury Trial Innovations (1997)


Foreword (with Benjamin J. Cantor), The Role of the Expert Witness in a Court Trial (1996)


Panelist, The Shape of Judicial Power, Through a Glass Starkly: Civil Procedure Reassessed, Northeastern Law School (2014)
Panelist, Affirmative Action in Education: How It Began and Where We Are Today, 2014 Symposium: The Future of Affirmative Action, New York University School of Law (2014)
Political Repression Now and Then: The Persistence of Paranoia in American Politics, Supreme Judicial Court Historical Society, William P. Homans Jr. Endowment Program (2012)

Discussion of a comparison between the McCarthy period and the Islamophobia of today

Discussion of William P. Homans Jr.: A Life in Court, Flaschner Institute Author Series (2011)
William P. Homans Jr.: A Life in Court, Keynote Address at Half-Century Luncheon, Boston College Law School Reunion Weekend (2010)
William P. Homans Jr.: A Life in Court, to Senior Partners, Volunteer Lawyers Project (2010)
The Supreme Court's Decision in Ricci v. DeStefano: A Step Back for Disparate Impact and Equal Protection? (with Rahsaan Hall), Boston Bar Association Committee for Civil Rights Colloquium (2010)
Book discussion on "William P. Homans Jr.: A Life in Court", the Curtis Club (meeting at the Union Club) (2010)
Evidentiary Issues in Probate Court Proceedings, Judicial Conference of Probate Court Judges (2006)
"Dred Scott to Grutter: Civil Rights through the Years", Boston College Law School (2005)
Evidence and Proof, at the annual conference of the Division of Industrial Accidents Judges (2004)
Recent Developments in Scientific and Forensic Evidence, Massachusetts Black Judges Conference (2004)

Popular Press

Court Dodged Affirmative Action Hot Potato - Or Did It?, Massachusetts Lawyers Weekly (2013)

Selected Professional Activities

The Death Penalty in Massachusetts: Past, Present, and Future (2014)

Lecture delivered at the Social Law Library in Boston, MA.

The Fraudulent Case Against Affirmative Action: The Untold Story Behind Fisher v. University of Texas (2013)

Paper presented at the Interdisciplinary Center, Herzliya, Israel. Commentators included Aharon Barak, former Justice and...



Interview with Professor Mark Brodin about his book "William P. Homans Jr.: A Life In Court", Boston College Law School Webcast Archive (2010)

Boston lawyer William P. Homans Jr. devoted his fifty-year career to the defense of the...

On The Stand: Testifying in Court (with Peter A. Donovan) (1991)