Wayne State University
Paul R. Dubinsky
Paul R. Dubinsky
Director of Graduate Studies; Associate Professor of Law
Room 3107
(313) 577-3929

Education

LL.M., Katholieke Universiteit
J.D., Harvard Law School
B.A., Yale College

Biography

Among the themes explored in Professor Dubinsky's recent work is the extent to which domestic legal systems increasingly are under strain as they are pressed to adjudicate a range of international disputes for which they lack experience or the ideal design. His article, "Is Transnational Litigation a Distinct Field: The Persistence of Exceptionalism in American Procedural Law" (Stanford Journal of International Law), shows that American courts turn, often reflexively, to interstate frameworks as they attempt to adjudicate growing numbers of disputes that are transnational rather than interstate in scope. "Human Rights Law Meets Private Law Harmonization: The Coming Conflict" (Yale Journal of International Law) focuses on the extent to which human rights advocates seek to transform civil litigation systems around the world so as to make the law of civil jurisdiction and choice of law more responsive to the claims of victims of human rights atrocities. "Justice for the Collective: The Limits of the Human Rights Class Action" (Michigan Law Review) argues that existing American class action law is poorly suited to delivering the kind of collective remedies increasingly sought by human rights victims.

Before coming to Wayne in 2005, Professor Dubinsky was an associate professor at New York Law School and an adjunct professor at Georgetown University Law Center. From 1996-97, he served as associate director of the Allard K. Lowenstein International Human Rights Clinic and associate director of the Orville H. Schell, Jr. Center for International Human Rights. As an International Affairs Fellow of the Council on Foreign Relations, Professor Dubinsky served as a member of the U.S. delegation to the Hague Conference on Private International Law during negotiations that culminated in the Hague Choice-of-Court Convention. Before beginning his career in teaching and scholarship, he was an associate at Wilmer Cutler & Pickering and a law clerk to the Hon. Jon O. Newman of the U.S. Court of Appeals for the Second Circuit. He is a graduate of Yale College (summa cum laude), Harvard Law School (magna cum laude), and the Universiteit Katholieke of Leuven, Belgium (magna cum laude).

Professor Dubinsky serves on the Executive Committee of the American branch of the International Law Association, the Executive Editorial Board of the American Journal of Comparative Law, and the U.S. Secretary of States Advisory Committee on Private International Law. He was also a reporter for the 2010 International Congress of Comparative Law.


Selected Publications

Is Transnational Litigation a Distinct Field? The Persistence of American Exceptionalism in Procedural Law, 44 STANFORD JOURNAL OF INTERNATIONAL LAW 1 (2008)

Federal Common Law and the Finality of Judgments: A Response to Lenaerts and Gutman 55 AM. J. COMP.L. (forthcoming 2008)

Is Transnational Litigation a Distinct Field?  The Persistence of American Exceptionalism in Procedural Law (under submission)

The Debate About Our International Constitution: Lessons from the Full Faith and Credit Clause (work in progress)

The Future of Transnational Litigation in U.S. Courts: Distinct Field or Footnote? Proceedings AMERICAN SOC. LAW (forthcoming 2007)

Challenging the Assumption of Equality: The Due Process Rights of Foreign Litigants in U.S. Courts, 5 SANTA CLARA J. INTL L. 410 (2007)

Human Rights Law Meets Private Law Harmonization: The Coming Conflict, 30 YALE J. INTL L. 212 (2005)

Justice for the Collective: The Limits of the Human Rights Class Action, 102 MICH. L. REV.  1152 (2004)

States Rights v. International Trade: The Massachusetts Burma Law, 19 NEW YORK LAW SCHOOL J. INTL AND COMP. LAW 347 (2000)

The International Criminal Court: Contemporary Perspectives and Prospects for Ratification, 16 NEW YORK LAW SCHOOL J. HUM. RTS 505 (2000)

Proposals of the Hague Conference and their Effect on Efforts to Enforce International Human Rights Through Adjudication, 117 HAGUE CONF. PRIV. INTL LAW, WORKING DOC. SERIES (1998)

The Reach of Doing Business Jurisdiction and Transacting Business Jurisdiction Over Non-U.S. Individuals and Entities, 67 HAGUE CONF. PRIV.INTL LAW WORKING DOC. SERIES (1998)

The Essential Function of Federal Courts: The European Union and the United States Compared, 42 AM. J. COMP. L. 295 (1994)

Disparate Impact Challenges to Subjective Employment Decisions, 102 HARV. L. REV. 308 (1988)

Accomplishments

April 4, 2014
Paul R. Dubinsky and Professors Gregory Fox and Brad Roth prepared and presented "Treaties as Law of the Land? Change and Uncertainty in the Domestic Effects of International Agreements" during the April 4 Academic Symposium that was part of the two-day inauguration celebration for Wayne State University President M. Roy Wilson.


December 12, 2013
Paul R. Dubinsky presented a well-attended lecture on "The Impact of Terrorism on the U.S. Legal System" at Shandong University in Jinan, China. His presentation was part of a 10-day trip to China to promote Wayne Law's new master's degree in U.S. law to several universities there.


September 21, 2013
Paul R. Dubinsky spoke at Washington University School of Law in St. Louis on Sept. 20 on the subject of regional and international human rights courts and whether the technocratic nature of much of their current work dilutes their influence in terms of moral force. And on Sept. 21, Dubinsky served as moderator and commentator during a two-day conference, "Justice Beyond the State," held at the University of Windsor Law School, Ontario, Canada. The conference explored developments in private international law and theories of legal pluralism as applied to transnational regulatory problems.


February 28, 2012
Paul R. Dubinsky made a presentation to the Wayne Federalist Society on "National Security Legal Issues in the Struggle Against Terror" on Feb. 17.


February 17, 2012
Paul R. Dubinsky spoke at "Our Courts and the World," a conference organized by Southwestern Law School, the American Society of International Law and the state bar of California held earlier this month. He addressed the role of comity and judicial discretion in civil litigation that implicates the legal systems of two or more countries.


December 21, 2011
Paul R. Dubinsky contributed a chapter to Oxford University Press's recently published book International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion, edited by Dinah Shelton.


December 21, 2011
Paul R. Dubinsky was one of 10 invited scholars from across the U.S., Canada and France to present works in progress at the Whitney R. Harris World Law Institute's Faculty Colloquium on International Law and Theory at Washington University St. Louis School of Law in November 2011. Professor Dubinsky's paper, entitled "The Place of International Law in the U.S. Legal System: The Fragile Status of the Traditional Understanding in the Winter of our Discontent," is part of his ongoing research into relative changes in the way that the U.S. legal system receives treaties, customary international law, and other forms of international law.

 

In The News

April 4, 2014
Paul R. Dubinsky was quoted in a Legal News article titled "Classes for Wayne Law's new LL.M. degree in U.S. Law begin in fall semester."

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December 23, 2013
Paul R. Dubinsky was the focus of an article in the Legal News titled "Wayne Law prof visits China to promote master of laws program."

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October 9, 2013
Paul R. Dubinsky was the subject of an article in the Legal News titled "Wayne Law professor, alumnus, committee members to present international conference panel."

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September 11, 2013
Paul R. Dubinsky was quoted in a Symposium magazine article titled "From the ACLU to Spy World to Academia."

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August 30, 2013
Paul R. Dubinsky was quoted in a Radio Free Europe article titled "Iran's Plan To Sue U.S. Over 1953 Coup A Nonstarter, Experts Say."

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June 28, 2013
Paul R. Dubinsky was interviewed about whistleblower Edward Snowden and national security law for an "Asked & Answered" featured in the Legal News.

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June 13, 2013
Paul R. Dubinsky was part of a panel interviewed on national security law on WJBK-FOX 2 TV's "Let It Rip."

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