|Present||Michael and Helen Lee Distinguished Scholar & Professor, Boston College Law School|
- Fall 2018: Civil Procedure, Evidence
- Spring 2019: Scientific Evidence Seminar
Mark S. Brodin
Professor of Law and
Lee Distinguished Scholar
Boston College Law School
885 Centre Street
Newton Center, MA 02459
East Wing 324
Discriminatory Job Knowledge Tests, Police Promotions, and What Title VII Can Learn from Tort Law Boston College Law Review (2018)
Nationally, the continued use of selection devices by police departments—such as multiple-choice examinations requiring memorization of police manuals—stifles advancement for a disproportionate number of otherwise qualified minority candidates, and hinders the desired diversification of the ...
The British Experience With Hearsay Reform: A Cautionary Tale Fordham Law Review (2016)
Among the proposals being considered by the Advisory Committee on the Federal Rules of Evidence (“the Committee”) is the scrapping of the categorical exception regime for hearsay, leaving questions of reliability and admissibility ad hoc ...
The Murder of Black Males in a World of Non-Accountability: The Surreal Trial of George Zimmerman for the Killing of Trayvon Martin Howard Law Journal (2016)
A critique of the "prosecution" of George Zimmerman for the murder of Trayvon Martin, concluding that the effort was botched from the beginning, tragically missing an early opportunity to hold killers of unarmed black youth ...
Screening Out Unwanted Calls: The Manipulation of Standing 'Doctrine' Nevada Law Journal (2015)
This article explores one dimension of the "closed courthouse door" approach of recent Supreme Court decisions, particularly Amnesty International v. Clapper, and contrasts its restrictive standing doctrine with the open door that has been shown ...
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 action and race preference. Beginning with Justice Lewis Powell’s influential opinion in Bakke v. U. Cal. Davis in 1978, leeway ...
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 the others for the simple reason that they precipitated actual fighting wars in their times. By holding that slaves, as ...
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 landmark enactments of the 1960s, Title VII of the Civil Rights Act of 1964. The decision, authored by Justice Anthony ...
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, and proceeds to critically measure this form of proof (particularly “syndrome” evidence) against both the reliability standards imposed by Daubert ...
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 have struggled to define the burdens of proof surrounding the central issue of an employer's alleged discriminatory intent. What evolved ...
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 Civil Rights Act of 1964, and employer self-interest in minimizing costs and maximizing profits. While precedent explicitly rejects a cost ...
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 scales, layoff, and relative entitlement to ancillary benefits. Seniority based decision making protects employees from arbitrary employer action, yet seniority's ...
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 jeopardy, applicable to the states through the fourteenth amendment, requires that a criminal defendant acquitted of a crime be able ...
Civil Procedure: Doctrine, Practice and Context, Fifth Edition (2017)
The fifth edition of Civil Procedure: Doctrine, Practice, and Context showcases rules and doctrine of civil procedure at work in the actual practice of law. The distinguished authorship by experienced educator-scholars ensures a breadth and depth of ...