Associate Professor of Law
Office LocationRoom 3107
Degrees and Certifications
LL.M., Katholieke Universiteit
J.D., Harvard Law School
B.A., Yale College
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 State's Advisory Committee on Private International Law. He was 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)