About Mark S. Brodin
Mark S. Brodin is Professor of Law, Michael and Helen Lee Distinguished Scholar, and former Associate Dean for Academic Affairs at Boston College Law School. A graduate of Columbia College and Columbia Law School (where he served on the Law Review), Professor Brodin clerked for United States District Judge Joseph L. Tauro from 1972 to 1974. He was Staff Counsel with the Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association from 1974 to 1980, representing plaintiffs in civil rights actions including DeGrace v. Rumsfeld, 614 F. 2d 796 (1st Cir. 1980); N.A.A.C.P. Boston Chapter v. Harris, 607 F. 2d 514 (1st Cir. 1979); Harris v. White, 479 F. Supp. 996 (D. Mass. 1979); Cooke v. Sarni Original Dry Cleaners, 2 M.D.L.R. 1012 (1980), aff'd 388 Mass. 611 (1983) (trial counsel).
Professor Brodin has published extensively in the areas of employment discrimination, constitutional criminal procedure, evidence and litigation. He is the author of numerous law review articles and co-author of Handbook of Massachusetts Evidence (Sixth, Seventh, and Eighth Editions) with Hon. Paul J. Liacos and Michael Avery (Aspen, 2007), Criminal Procedure: Examples and Explanations (First, Second, Third, Fourth, Fifth and Sixth Editions) with Robert M. Bloom (Aspen, 2009) and Civil Procedure: Doctrine, Practice and Context (First, Second and Third Editions) (with Stephen Subrin, Martha Minow, and Thom Main) (Aspen 2008). Professor Brodin has served for brief periods as an appellate attorney with the Massachusetts Defenders Committee (now the Committee for Public Counsel) and as a special assistant district attorney with the Norfolk County District Attorney. His latest book, William P. Homans Jr.: A Life In Court, is a biography of the well-known Boston lawyer and activist.
Professor Brodin was named BC Law's 2002-2003 Faculty Member of the Year by the Law Students Association. The Black Law Students Association awarded him the Ruth Arlene Howe Award in both 2005 and 2006, and the Anthony P. Farley Excellence in Training Award in 2008-2009.
- Fall 2016: Civil Procedure
- Spring 2017: Scientific Evidence Seminar, Evidence
Mark S. Brodin
Professor of Law and
Lee Distinguished Scholar
Boston College Law School
885 Centre Street
Newton Center, MA 02459
East Wing 324
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 <i>Southern California Review of Law and Social Justice</i> (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 ...
Examples & Explanations: Criminal Procedure: The Constitution and the Police, Eighth Edition (2015)
Presenting police process in procedural order, Criminal Procedure: The Constitution and the Police gives students a sense of the theoretical flow and logic of law enforcement. Examples start out easy, to build confidence, and gradually ...
Civil Procedure: Doctrine, Practice, and Context, 4th Edition (2012)
The fourth edition, written by respected scholars and experienced educators, includes both classic and new materials. The book presents traditional topics in historical and empirical context, and it adds new and provocative materials as well ...