Mark S. Brodin

professor

 

brodin3

At a glance...
.
Professor
Law School

brodin@bc.edu

Office Location
Law School
EW324

617.552.4420

View resume

    BACKGROUND

Mark S. Brodin is Professor of Law 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.

Watch a video interview with Professor Brodin about his book

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.

 

EDUCATION

B.A., J.D., Columbia University.

RECENT ACTIVITIES

Presentations:

Presentation on William P. Homans Jr.: A Life In Court, Keynote Address at Half-Century Luncheon, Boston College Law School Reunion Weekend, October 16, 2010.

Presentation on William P. Homans Jr.: A Life In Court, to Senior Partners, Volunteer Lawyers Project, June 23, 2010.

Boston Bar Associations's Civil Rights & Civil Liberties Section: "The Supreme Court's Decision In Ricci v. DeStefano: A Step Back for Disparate Impact and Equal Protection?" With Atty. Rahsaan Hall of the Lawyers’ Committee For Civil Rights, a discussion on the Supreme Court’s decision in Ricci v. DeStefano and how it impacts equal opportunity in the workplace, particularly as it relates to firefighter and police hiring in Massachusetts, at BBA in Boston, May 6, 2010.

Book discussion on "William P. Homans Jr.: A Life In Court." at the National Lawyers Guild, April 14.

Book discussion on "William P. Homans Jr.: A Life In Court" at the Curtis Club (meeting at the Union Club), April 13.

Lecture at the Supreme Judicial Court Historical Society on "William P. Homans Jr.: A Life In Court." April 8.

Evidence and Proof,” at the annual conference of the Division of Industrial Accidents Judges, Lexington, Massachusetts, June 2004.

“Recent Developments in Scientific and Forensic Evidence,” to the Massachusetts Black Judges Conference at BC Law in April, 2004.

Member of the panel, "Dred Scott to Grutter: Civil Rights through the Years," for Black History Month at BC Law in February, 2005.

"Evidentiary Issues in Probate Court Proceedings," at the Judicial Conference of Probate Court Judges, May 2006.

Activities:

Member of the “Affirmative Action and Diversity” panel at BC Law in March 2006.

Observed war crimes proceedings at the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands, in November 2004.

Work in Progress:

"Bush v. Gore: The Worst (or at least second-to-the-worst) Supreme Court Decision Ever." Symposium, Nevada Law Journal (Forthcoming Summer, 2011).

Appointments:

Appointed by Massachusetts Supreme Judicial Court Chief Justice Margaret H. Marshall to the Advisory Committee on Massachusetts Evidence Law in July 2006.

COURSES

Fall 2011: Civil Procedure
Spring 2012: Civil Procedure; Employment Discrimination

PUBLICATIONS

  • "What One Lawyer Can Do For Society: Lessons From The Remarkable Career of William P. Homans Jr.," New England Law Review 46, no.1 (2011): 37-63.
  • “Ricci v. DeStefano: The New Haven Firefighters Case and the Triumph of White Privilege.” Southern California Review of Law and Social Justice 20, no.2 (2011): 161-232.
  • William P. Homans Jr.: A Life in Court. Lake Mary, FL: Vandeplas Publishing, 2010.
  • With Robert M. Bloom. Criminal Procedure: The Constitution and the Police. 6th ed. New York: Aspen Publishers, 2010.
  • "An Iconic Social Activist." BC Law Magazine 18, no.1 (Fall/Winter 2009): 31, 53.
  • Committee member, Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law. "Massachusetts Guide to Evidence." 2008-2009 edition. Supreme Judicial Court, http://www.mass.gov/courts/sjc/guide-to-evidence/massguidetoevidence.pdf
  • With Stephen N. Subrin, Martha L. Minow and Thomas O. Main, editors. Federal Rules of Civil Procedure: With Resources for Study. 2009-2010 ed. Austin: Aspen Publishers, Wolters Kluwer Law & Business, 2009 (& earlier annual editions.)
  • With Stephen N. Subrin, Martha L. Minow and Thomas O. Main. Civil Procedure: Doctrine, Practice & Context. 3rd ed. New York: Aspen Publishers/Wolters Kluwer, 2008.
  • With Michael Avery. Handbook of Massachusetts Evidence. 8th ed. Austin: Aspen Publishers/Wolters Kluwer, 2007. (& annual supplements)
  • With Robert M. Bloom. Criminal Procedure: The Constitution and the Police: Examples and Explanations. 5th ed. New York, NY: Aspen Publishers, 2006.
  • "Behavioral Science Evidence in the Age of Daubert: Reflections of a Skeptic." University of Cincinnati Law Review 73  (2005): 867-943.
  • With Robert M. Bloom. Criminal Procedure: Examples and Explanations. 4th ed. New York: Aspen Publishers, 2004.
  • With Stephen N. Subrin, Martha L. Minow and Thomas O. Main. Civil Procedure: Doctrine, Practice & Context. 2nd ed. New York: Aspen Publishers, 2004.
  • Foreword to Courtroom Guide for Non-Lawyers: Including Glossary of 448 Legal Terms and 81 Suggestions for Being a Good Witness, by Benjamin J. Cantor. [United States]: Xlibris Corporation, 2001.
  • With Robert M. Bloom. Criminal Procedure: Examples and Explanations. 3rd ed. Gaithersburg, MD: Aspen Law & Business, 2000.
  • With Stephen N. Subrin, Martha L. Minow and Thomas O. Main. Civil Procedure: Doctrine, Practice and Context. Gaithersburg: Aspen Law & Business, 2000.
  • With Michael Avery and Paul J. Liacos. Handbook of Massachusetts Evidence. 7th ed. Gaithersburg: Aspen Law & Business, 1999 (& annual supplements) 
  • Contributor. Jury Trial Innovations, edited by Thomas Munsterman, Paula Hannaford and Marc Whitehead. Williamsburg, Va.: National Center for State Courts, 1997.
  • "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 18 (1997) 183-239.
  • "Justice is Served in the Au Pair Case." Newsday, November 11, 1997: p.A39.
  • With Robert M. Bloom. Criminal Procedure: Examples and Explanations. 2nd ed. Boston: Little, Brown and Co., 1996.
  • With Paul J. Liacos and Michael Avery. Handbook of Massachusetts Evidence. 6th ed. Boston: Little, Brown and Co., 1993 (& annual supplements)
  • Foreword to The Role of the Expert Witness in a Court Trial, by Benjamin J. Cantor. Belmont, MA: Civil Evidence Photography Seminars; LaMesa, CA: distributed by San Diego Book Distributors, 1996.
  • With Robert M. Bloom. Constitutional Criminal Procedure: Examples and Explanations. Boston: Little, Brown and Co., 1992.
  • Contribution with Peter A. Donovan to On The Stand: Testifying in Court by Webster Lithow. Video recording. Boston: Commonwealth Films, 1991.
  • "Accuracy, Efficiency, and Accountability in the Litigation Process - The Case for the Fact Verdict." University of Cincinnati Law Review 59 (1990): 15-111.
  • "Reflections on the Supreme Court's 1988 Term: The Employment Discrimination Decisions and the Abandonment of the Second Reconstruction." Boston College Law Review 31 (December 1989): 1-30.
  • "A History of the Lawyers' Committee for Civil Rights under Law of the Boston Bar Association." Boston Bar Journal 32, no. 3 (May-June 1988): 9-12.
  • "Costs, Profits, and Equal Employment Opportunity." Notre Dame Law Review 62 (1987): 318-365.
  • "The Role of Fault and Motive in Defining Discrimination: The Seniority Question Under Title VII." North Carolina Law Review 62 (1984): 943-997.
  • Review of A Constitutional History of Habeas Corpus, by William F. Duker. New England Journal on Prison Law 8 (Winter 1982): 325-330.
  • "The Standard of Causation in the Mixed-Motive Title VII Action -- A Social Policy Perspective." Columbia Law Review 82 (1982): 292-326.
  • "Case Note: Ashe v. Swenson: Collateral Estoppel, Double Jeopardy, and Inconsistent Verdicts." Columbia Law Review 71 (1971): 321-335.