Paul R. Dubinsky
Office: Room 3107
Telephone: (313) 577-3929
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B.A., Yale College
LL.M., Katholieke Universiteit
J.D., Harvard Law School
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 Honorable 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 State’s Advisory Committee on Private International Law. He is also a reporter for the 2010 International Congress of Comparative Law.
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. INT’L L. 410 (2007)
Human Rights Law Meets Private Law Harmonization: The Coming Conflict, 30 YALE J. INT’L 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. INT’L 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. INT’L 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.INT’L 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)
- February 28, 2012
Paul 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 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 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.
- December 21, 2011
Paul 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.
- July 19, 2010
Paul Dubinsky is teaching Comparative National Security Law at Bar Ilan University in Ramat Gan, Israel. The course considers similarities and differences in the approaches of the U.S., Israeli and EU legal systems to a range of security issues, including nuclear nonproliferation and terrorism.
- July 19, 2010
Paul Dubinsky visited Al Quds University in the Palestinian territories during summer 2010.
- July 19, 2010
Paul Dubinsky is representing Wayne State University at the 2010 World Congress of Comparative Law in Washington, D.C. Professor Dubinsky's report for the Congress was published in the American Journal of Comparative Law.
- July 19, 2010
Paul Dubinsky presented a paper at "Civil Litigation in a Globalizing World," a conference that took place at Erasmus University in the Netherlands in June. Professor Dubinsky's paper will be published as a chapter in a forthcoming book to be published by Asser Press.
- March 17, 2010
Paul Dubinsky spoke on national security law issues in a series of lectures in India during spring break. The first of these was the prestigious K.T. Desai Lecture at the Bombay High Court in Mumbai where Professor Dubinsky delivered "Human Rights Law Confronts National Security Law: The Battle for the Future of Procedural Norms." The lecture will be published in India. Subsequent venues included the Supreme Court Bar Association, the International Institute of Human Rights, and the Government Law College. While in India, Professor Dubinsky met with law student organizations to promote Wayne Law's LL.M. programs. He also met with non-governmental organizations to explore potential externship opportunities for Wayne Law students in India.
- March 8, 2010
Paul Dubinsky will speak in the Justice KT Desai Memorial Lecture on "The Human Rights Law Confronts National Security Law: The Battle for Procedural Norms" in Bombay on March 11, 2010.
- December 18, 2009
Paul Dubinsky will deliver the Justice K. T. Desai Memorial Lecture at the Bombay High Court in Mumbai, India on March 11, 2010. The annual Desai Lecture is named after the late Justice K.T. Desai, who served as a judge of the Bombay High Court and later as Chief Justice of Gujarat. Justice Desai's extraordinary career also included service as vice chairman of the State Bank of India and president of the Asiatic Society of Bombay. Professor Dubinsky will also visit several law schools in India during this trip.
- March 11, 2009
Paul Dubinsky spoke at two conferences during the week of March 2, 2009. At Yale Law's Arthur Liman Conference, he participated in a roundtable discussion on the "Globalization of Clinical Legal Education," and at the International Law Association's West Coast Conference, he gave a presentation on lis pendens and forum non conveniens in the European Union.
- March 11, 2009
Paul Dubinsky will serve as moot court judge in the international rounds of the Jessup Moot Court Competition at the upcoming annual conference of the American Society of International Law in Washington, D.C.
- December 23, 2008
Paul Dubinsky spoke at the University of Amsterdam's December 2008 conference on "Interactions Between Mass Claim Processes and Cases in Domestic Courts." The conference was organized by the Amsterdam Center for International Law.
- October 15, 2008
Paul Dubinsky has been selected as a national reporter for the 2010 conference of the International Association of Comparative Law. The conference will bring together comparative law scholars from around the world for a full week of meetings and presentations in Washington, D.C. to be held in July 2010 and hosted by a consortium of three U.S. law schools: American University, Georgetown, and George Washington. Professor Dubinsky's report will appear in the conference proceedings and in a supplement to the American Journal of Comparative Law. IACL conferences are held every four years. The 2010 conference is the first to meet in the United States in several decades.
- April 21, 2008
Paul Dubinsky served as a judge in the international rounds of the Jessup Moot Court Competition in Washington, D.C.
In March, his op-ed "What the Fall of Eliot Spitzer Says About Us," appeared in the Christian Science Monitor.
In April, he was awarded a University Research Grant to pursue a project on the intellectual influence of the U.S. Supreme Court on the constitutional courts of young democracies.
- April 4, 2007
Paul Dubinsky was a moderator at International Law Weekend West, Santa Clara University School of Law, where he presented "Challenging the Assumption of Equality: The Due Process Rights of Alien Litigants in U.S. Courts."
Professor Dubinsky served as a final round judge for the Southwest Regional Jessup International Moot Court Competition with Justice Andrew Hurwitz of the Arizona Supreme Court.
He was a moderator at the Annual Conference of the American Society of International Law, and presented "The Future of Transnational Litigation in U.S. Courts: Distinct Field or Footnote?"
He was a discussant at "The ‘New' New Haven School: International Law - Past, Present and Future," held at Yale Law School.
- October 30, 2006
Paul Dubinsky had "On International Law," published in Commentary (June 2006)
Professor Dubinsky also gave three presentations:
"What Did the Framers Know and When Did they Know It?" International Law Weekend, Association of the Bar of the City of New York (October 2006)
"The Role of International Law in U.S. Courts," Wayne State Law School, Federalist Society
"Using Foreign and International Law to Interpret the U.S. Constitution: Lessons from the Full Faith and Credit Clause," Iowa Law School Faculty Workshop (November 2006)
- September 18, 2006
Paul Dubinsky became Book Review Editor of the American Journal of Comparative Law.
In October he expects to be named to the Executive Committee of the International Law Association, American Branch.
- Paul Dubinsky was quoted in a News-Herald Newspaper story titled "Anti-Shaira proposals about culture, not courts."
- Paul Dubinsky wrote an op-ed in the Detroit Legal News titled "What the demise of Eliot Spitzer reveals about us" on July 16, 2009.
- Paul Dubinsky wrote an op-ed piece that was featured in The Christian Science Monitor on March 20, 2008. It was titled "What Spitzer's Fall Says About Us."