William Rubenstein

Last updated

William B. Rubenstein (born 1960) is an American legal scholar and the Bruce Bromley Professor of Law at Harvard Law School. Professionally, he specializes in complex litigation and civil rights advocacy. He has advocated widely for the rights of gay, lesbian, and HIV-positive individuals. He teaches civil procedure and complex litigation classes.

Contents

Early life and education

Rubenstein was born in 1960. He is originally from Pennsylvania, although he claims he never had an intent to stay. He attended Taylor Allderdice High School in Pittsburgh before receiving his B.A. magna cum laude from Yale College in New Haven in 1982. [1] In 1986, he received his J.D. magna cum laude from Harvard Law School. After law school, he clerked for the Hon. Stanley Sporkin in the U.S. District Court for the District of Columbia for one year. [1]

Civil Rights work

In 1986, Rubenstein was awarded a Harvard Fellowship in Public Interest Law to help start an AIDS Project at the national office of the American Civil Liberties Union. Rubenstein served as Staff Attorney with the ACLU's National LGBT and the newly created AIDS Project from 1987-1990 and Director of those Projects from 1990-1995. [1] [2]

During this time, Rubenstein challenged the Reagan administration's response to the AIDS crisis. [3] In 1987, he led the ACLU's lawsuit against the President's Commission on the HIV Epidemic's hearings, in which he defended the position that the commission's makeup was not representative of the group of people actually affected by AIDS. Rubenstein advocated for a larger and more inclusive commission and closer conformity with the terms of the Federal Advisory Committee Act. [4] [5] Rubenstein also litigated civil rights cases in state and federal courts throughout the country and oversaw the ACLU's national litigation docket on these issues. Rubenstein argued the landmark case, Braschi v. Stahl Associates, 544 N.E.2d 49 (N.Y. 1989), before New York's highest court, yielding the first decision in the United States recognizing an unmarried but cohabitating gay couple as a legal family. [1] [6] During the same years, Rubenstein also taught courses on sexual orientation and AIDS law at Harvard and Yale Law Schools. [1] In conjunction with those courses, he authored the first law school casebook in the area, now entitled, Cases and Materials on Sexual Orientation and The Law (now with Carlos Ball and Jane Schacter, 4th ed. 2011). [1]

Rubenstein has continued his work to further the rights of homosexual and HIV-positive people during his academic career. [2] While at UCLA (1997-2007), Rubenstein founded the Williams Institute on Sexual Orientation Law and Public Policy, a think tank "dedicated to conducting rigorous, independent research on sexual orientation and gender identity law and public policy" [1] [7] In 2000, he was chosen as that year's Honoring with Pride honoree by the American Foundation for AIDS Research. [3]

Complex litigation

Besides his work with civil rights, Rubenstein is also an expert on Class action and Complex Litigation. He has written about how institutional lead plaintiffs request proposals from law firms seeking to represent them in securities class actions. [8]

Teaching career

While practicing with the ACLU (1987-1995), Rubenstein also taught courses on sexual orientation and AIDS law at Harvard and Yale Law Schools. In conjunction with those courses, he authored the first law school casebook in the area, now entitled, Cases and Materials on Sexual Orientation and The Law (now with Carlos Ball and Jane Schacter, 4th ed. 2011). [1]

From 1995-1997, Rubenstein was a visiting professor from practice at Stanford Law School; he was awarded the 1996-1997 John Bingham Hurlbut Award for Excellence in Teaching at Stanford Law School. From 1997-2007, Rubenstein taught at UCLA School of Law; he was awarded the 2001-2002 Rutter Award for Excellence in Teaching at UCLA. [1]

William Rubenstein joined the Harvard faculty in 2007. [1] In 2012, he was awarded the 2012 Albert M. Sacks-Paul A. Freund Award for Teaching Excellence at Harvard Law School. [1] [9] He is rated by his students as an exceptionally clear and attractive professor. [10]

Other activities

Rubenstein currently serves as director and advisor for several boards. He was chosen to be one of the advisors to the Project on the Principles of the Law of Aggregate Litigation, the American Law Institute's 2009 effort to re-think class action law. [9] [11]

He is co-chair of the Class Action Subcommittee of the ABA's Mass Torts Committee, which addresses current and emerging issues in management aspects of mass tort litigation, including joinder of multiple parties and the use of Alternative Dispute Resolution. [9] [12] He regularly serves as an expert witness in class action lawsuits. [1]

He is a member of the Board of Directors of the ACLU of Southern California, the Board of Advisors of the HIV/AIDS Legal Services Alliance, and the Board of Advisors of the HIV Legal Check-Up Project, a Los Angeles-based program for people recently diagnosed with HIV/AIDS. [3]

Bar admissions

Selected works

Rubenstein's books about issues of sexuality and health include Cases and Materials on Sexual Orientation and the Law (1997); the co-authored work, The Rights of People Who Are HIV Positive (1996) (which received the 1997 American Bar Association Certificate of Merit); [9] Lesbians, Gay Men, and the Law (1993); and AIDS Agenda: Emerging Issues in Civil Rights (1992), co-edited with Nan D. Hunter. [3]

Since 2008, Rubenstein has been the sole author of Newberg on Class Actions and he is in the process of re-writing the entire eleven-volume treatise for its Fifth Edition. [1]

Related Research Articles

<span class="mw-page-title-main">American Civil Liberties Union</span> Legal advocacy organization in the United States

The American Civil Liberties Union (ACLU) is an American nonprofit human rights organization founded in 1920. The organization strives "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, Washington, D.C., and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.

The Lambda Legal Defense and Education Fund, better known as Lambda Legal, is an American civil rights organization that focuses on lesbian, gay, bisexual, and transgender (LGBT) communities as well as people living with HIV/AIDS (PWAs) through impact litigation, societal education, and public policy work.

Dale Minami is a prominent Japanese American civil rights and personal injury lawyer based in San Francisco, California. He is best known for his work leading the legal team that overturned the conviction of Fred Korematsu, whose defiance of the incarceration of Japanese Americans during World War II led to Korematsu v. United States, which is widely considered one of the worst and most racist Supreme Court decisions in American history.

<span class="mw-page-title-main">Mari Matsuda</span> American lawyer

Mari J. Matsuda is an American lawyer, activist, and law professor at the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa. She was the first tenured female Asian American law professor in the United States, at University of California, Los Angeles (UCLA) School of Law in 1998 and one of the leading voices in critical race theory since its inception. Matsuda returned to Richardson in the fall of 2008. Prior to her return, Matsuda was a professor at the UCLA School of Law and Georgetown University Law Center, specializing in the fields of torts, constitutional law, legal history, feminist theory, critical race theory, and civil rights law.

<span class="mw-page-title-main">Marjorie Heins</span> American lawyer

Marjorie Heins (b.1946) is a First Amendment lawyer, writer and founder of the Free Expression Policy Project.

<span class="mw-page-title-main">Jim Toy</span> American LGBTQ activist (1930–2022)

James Willis Toy was a long-time American activist and a pioneer for LGBT rights in Michigan.

Gregory M. Herek is a researcher, author, and professor of psychology at the University of California at Davis (UCD). He has conducted extensive research on prejudice against sexual minorities, and coined the term sexual prejudice as a replacement for homophobia to describe this phenomenon. Herek argued that using the term homophobia incorrectly assumes that negative responses to lesbian, gay, and bisexual people are founded in pathological, irrational fear, whereas psychological research indicates they are more accurately regarded as a form of prejudice. Herek is an openly and prominent gay psychologist. Herek is considered one of the most influential scholars of sexual minorities.

<span class="mw-page-title-main">Kim McLane Wardlaw</span> American federal judge

Kim McLane Wardlaw is an American lawyer and jurist serving as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit since 1998. She is the first Hispanic American woman to be appointed to a federal appeals court. Wardlaw was considered as a possible candidate to be nominated by Barack Obama to the Supreme Court of the United States.

<i>Toonen v. Australia</i> Court case

Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).

Manjaagiin Ichinnorov is a Mongolian civil rights activist, born in the Khovd Province of Western Mongolia.

Paul Richard Abramson is a UCLA psychology professor, expert witness, author, and musician.

<span class="mw-page-title-main">American Civil Liberties Union of New Jersey</span>

The American Civil Liberties Union of New Jersey (ACLU-NJ) is a nonpartisan, not-for-profit civil rights organization in Newark, New Jersey, and an affiliate of the national American Civil Liberties Union. According to the ACLU-NJ's stated mission, the ACLU-NJ operates through litigation on behalf of individuals, lobbying in state and local legislatures, and community education.

<i>Braschi v. Stahl Associates Co.</i>

Braschi v. Stahl Associates Co. was a 1989 New York Court of Appeals case that decided that the surviving partner of a same-sex relationship counted as "family" under New York law and was thus able to continue living in a rent controlled apartment belonging to the deceased partner.

José Gómez was an American labor and civil rights activist and educator. He was most widely known for his work as executive assistant to president of the United Farm Workers Cesar Chavez, for founding the Committee on Gay Legal Issues (COGLI) at Harvard Law School, and for his law review article "The Public Expression of Lesbian/Gay Personhood as Protected Speech."

Jane S. Schacter is an American legal scholar who serves as the William Nelson Cromwell Professor of Law at Stanford Law School with an expertise in constitutional law, statutory interpretation, and sexual orientation law. As an expert on the topic of marriage equality, Schacter has been interviewed by numerous leading news publications, including The New York Times, The Washington Post, The Economist, The Guardian, Bloomberg Businessweek, and the San Francisco Chronicle.

<span class="mw-page-title-main">Equal Justice Under Law (civil rights organization)</span>

Equal Justice Under Law is an American civil rights impact litigation nonprofit based in Washington, D.C., which accepts cases on a national basis. The organization was founded in 2014 by Alec Karakatsanis and Phil Telfeyan, two 2008 Harvard Law School graduates. The mission of Equal Justice Under Law is to achieve equality in the criminal system and break cycles of poverty for those involved with the legal system. The organization works on a range of issues, including money bail, fees for expungement, and suspension of driver's licenses. Equal Justice Under Law and its small team of lawyers seek to drive change in the legal system through impact litigation and class action lawsuits. The firm's work has received national attention in news outlets including The New York Times, The Washington Post, National Public Radio, USA Today, the San Francisco Chronicle, the Detroit Free Press, in addition to strong local coverage of its lawsuits.

Sibongile Ndashe is a South African lawyer and human rights activist. She has been involved in public interest law since 1999 and has worked for several women's rights and human rights organisations. She founded the Initiative for Strategic Litigation in Africa (ISLA) in 2014 and has worked to help lawyers across Africa bring cases to court involving gender identity and sexual orientation. She supports the incremental decriminalisation of homosexuality. In October 2017 she was arrested in Tanzania on charges of "promoting homosexuality" whilst discussing ways to challenge a ban on HIV/AIDS treatment by private health clinics.

<span class="mw-page-title-main">Deepak Gupta (attorney)</span> American attorney

Deepak Gupta is an American attorney known for representing consumers, workers, and a broad range of clients in Supreme Court and appellate cases and constitutional, class action, and complex litigation. Gupta is the founding principal of the law firm Gupta Wessler LLP and a lecturer at Harvard Law School, where he is an instructor in the Harvard Supreme Court Litigation Clinic.

Sharon McGowan is an American lawyer and a partner at Katz Banks Kumin LLP, an employment and whistleblower firm based in Washington, D.C. Prior to joining KBK, she was the legal director and chief strategy officer for Lambda Legal. McGowan was an Obama administration appointee in the role of Acting General Counsel and Deputy General Counsel for Policy at the U.S. Office of Personnel Management. She also served as Principal Deputy Chief of the Appellate Section of the Civil Rights Division in the Department of Justice. In 2019, she was honored with the Stonewall Award, bestowed by the American Bar Association's Commission on Sexual Orientation and Gender Identity.

<span class="mw-page-title-main">Michael Adams (lawyer)</span> American attorney

Michael Adams is an attorney and LGBT+ civil rights advocate in the United States. He has been the CEO of Services & Advocacy for GLBT Elders in New York City since 2006.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 "William B. Rubenstein | Harvard Law School".
  2. 1 2 "Archived copy" (PDF). Archived from the original (PDF) on 2016-03-04. Retrieved 2015-11-28.{{cite web}}: CS1 maint: archived copy as title (link)
  3. 1 2 3 4 "AmfAR :: 2000 Honoring with Pride William B. Rubenstein, Esq. :: The Foundation for AIDS Research :: HIV / AIDS Research".
  4. Federal Advisory Committee Act and the President's AIDS Commission: Hearing before the Committee on Governmental Affairs, United States Senate, One Hundredth Congress, first session, December 3, 1987. S. HRG. ;100-538. 1988.
  5. Boodman, Sandra G. (April 17, 1988). "But Toughest Tasks Lie Ahead: AIDS Commission's New Chairman Earns High Marks for Leadership". Los Angeles Times.
  6. https://a.next.westlaw.com/Document/Ic7b860edd92f11d9bf60c1d57ebc853e/View/FullText.html?navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad7051d0000015144cb106a0cb44c64%3FNav%3DCASE%26fragmentIdentifier%3DIc7b860edd92f11d9bf60c1d57ebc853e%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=d71af3505078c3e9c9cb858c2dbbb359&list=ALL&rank=1&grading=na&sessionScopeId=0700fe8490b0d96cc61eb631d7f103de&originationContext=Smart%20Answer&transitionType=SearchItem&contextData=%28sc.Search%29
  7. "Who we are".
  8. Webber, David H. (2012). "The Plight of the Individual Investor". Northwestern University Law Review. 106: 167, n. 53. Retrieved 21 November 2019. (Citing William B. Rubenstein, What We Now Know About How Lead Plaintiffs Select Lead Counsel (And Hence Who Gets Attorneys Fees!) in Securities Cases, 3 Class Action Att'y Fee Dig. 219, 219 (2009)).
  9. 1 2 3 4 "William Rubenstein joins HLS faculty".
  10. "William Rubenstein at Harvard Law School | Rate My Professors".
  11. "American Law Institute releases book on aggregate litigation coauthored by Richard Nagareda".
  12. https://apps.americanbar.org/litigation/committees/masstorts/about.html
  13. "William B. Rubenstein | Harvard Law School".