Rubenstein discusses career, complex litigation, and class action at Harvard Law School

Professor William Rubenstein, having recently been appointed as the Bruce Bromley Professor of Law at Harvard Law School in 2018, was recognized for his outstanding contributions to various legal fields, including complex litigation, civil procedure, and sexual orientation and AIDS law. His journey began with a bold decision to work as a civil rights attorney specializing in LGBTQ rights and AIDS advocacy in the mid-1980s, during a time when these issues were met with skepticism and hostility. Despite dire warnings from others about the viability of his chosen career path, Rubenstein persevered and went on to become a respected figure in the legal community.

Acknowledging the often-dismissive attitude towards civil procedure, Rubenstein humorously remarked on the ubiquitous nature of the subject in legal education, having taught the course numerous times over the years. He emphasized the essential role of civil procedure in the legal system, especially in significant cases that impact society. Reflecting on his early experiences as a young ACLU lawyer working on a lawsuit involving AIDS representation at the national level, Rubenstein highlighted the complexities of representing a group with diverse and sometimes unknown interests. This experience prompted him to delve deeper into the fundamental question of who truly speaks for a group in court.

Rubenstein outlined the intricacies of class action lawsuits, delineating the three distinct phases that provide different answers to the question of group representation. The initiation phase involves identifying a representative for the class, while the certification phase requires meeting specific legal criteria to proceed as a class. Finally, the settlement or trial phase determines the outcome for the group members. Rubenstein’s extensive scholarship and legal practice center around this critical issue of group representation in class action suits.

His initial foray into AIDS advocacy and LGBTQ rights litigation catalyzed Rubenstein’s lifelong dedication to understanding and addressing the challenges of effectively representing diverse groups in legal settings. Despite the legal complexities and uncertainties surrounding class actions, Rubenstein’s work aims to ensure that groups’ interests are adequately represented in court. Through his teaching, writing, and legal work, Rubenstein continues to explore the complex dynamics of group representation, leaving a lasting impact on the legal profession.

Rubenstein’s career trajectory exemplifies a commitment to social justice and legal scholarship, underpinned by a genuine desire to amplify marginalized voices in the legal system. His journey from a fledgling attorney confronting daunting challenges to an esteemed law professor and scholar underscores the transformative power of advocacy and scholarship in shaping legal discourse. As a trusted advisor and influential figure in the legal community, Rubenstein’s work continues to inspire future generations of legal professionals to engage critically with issues of representation and justice in a complex legal landscape.