Board of Governors Distinguished Public Service Professor of Law, Alfred Clapp Scholar, and Associate Dean for Clinical Education & Access to Justice/Opportunity Programs
Jon Dubin
Rutgers Law School
454
S.I. Newhouse Center for Law and Justice
123 Washington Street
Newark, NJ 07102
973-353-3186

Jon C. Dubin is the Board of Governors Distinguished Service Professor of Law, Associate Dean for Clinical Education and Access to Justice/Opportunity Programs, and Alfred C. Clapp Scholar.  A Clinical Director and tenured, full Professor of Law for over 25 years, he has won multiple national awards for his scholarship, public interest lawyering and contributions to clinical legal education.

  • Biography
  • Publications
  • Expertise
Biography

Professor Dubin completed his A.B. from Dartmouth College in three years with distinction in government and J.D. from N.Y.U. Law School where he was an Arthur Garfield Hays Civil Rights-Civil Liberties Fellow. He served as law clerk to U.S. District Judge John L. Kane Jr.; assistant counsel for the NAACP Legal Defense and Educational Fund, Inc.; director of litigation and staff attorney for the Harlem Neighborhood Office of the Legal Aid Society, Civil Division; assistant attorney general in the Civil Rights Bureau of the N.Y. State Attorney General's Office; and Marvin M. Karpatkin Fellow on the American Civil Liberties Union’s national staff. Immediately prior to joining the Rutgers–Newark law faculty in 1999, he was a professor of law and director of clinical programs at St. Mary’s Law School, where he received the faculty award for teaching excellence, founded and directed the first in-house clinic, and served as the founding faculty advisor to the Black Allied Law Students Association (BALSA) and coach of the Frederick Douglass Moot Court Team.

In 2002, the National Equal Justice Library selected his article, Torquemada Meets Kafka: The Misapplication of the Issue Exhaustion Doctrine to Inquisitorial Administrative Proceedings, 97 Colum. L. Rev. 1289 (1997) (lead article), for the second biennial Edgar and Jean Cahn Award as one of three outstanding articles about equal justice for lower income persons published during the 20th century. The U.S. Supreme Court twice cited the article, followed its reasoning, and adopted its doctrinal label, “issue exhaustion,” in the text of Sims v. Apfel, 530 U.S. 103, 111-12 (2000). In Sims,  Professor Dubin also served as co-counsel, principal drafter of the Petitioner's brief and principal strategist of the Petitioner’s position in the U.S. Supreme Court in this successful challenge to application of the newly labelled "issue exhaustion" doctrine, to preserve access to justice in federal court and meaningful court review of SSA administrative law judge decisions. The U.S. Courts of Appeals for the Seventh and Eighth Circuits cited and followed the article’s reasoning a year earlier in Johnson v. Apfel, 189 F.3d 561, 562-64 (7th Cir. 1999) (Posner, C.J.) (reversing six earlier decisions based on the article’s position and inviting en banc consideration); and Harwood v. Apfel, 186 F.3d 1039, 1042-43 (8th Cir. 1999), which created the conflict with other circuits justifying certiorari review in Sims.

In 2019, the U.S. Supreme Court cited two more of Professor Dubin's writings in Biestek v. Berryhill, 139 S. Ct. 1148 (2019): his law review article, Overcoming Gridlock: Campbell after a Quarter-Century and Bureaucratically Rational Gap-Filling in Mass Justice Adjudication in the Social Security Administration's Disability Programs, 62 Admin. L. Rev. 937 (2010), in the text of the dissenting opinion; and the 2019 edition of his co-authored treatise, Social Security Disability Law and Procedure In Federal Court (co-authored with Carolyn A. Kubitschek, Thomson Reuters Publishing Co., 2019), in the text of the majority opinion.  

A much earlier article, “From Junkyards to Gentrification: Explicating a Right to Protective Zoning in Low-Income Communities of Color” (Minnesota Law Review), was peer-reviewed and selected for inclusion in an anthology issue of Clark-Boardman’s Land Use and Environment Law Review as one of the five best land-use articles of that year.

Professor Dubin received the 2003 Haywood Burns/Shanara Gilbert Award from the Northeast Regional People of Color Legal Scholarship Conference for "scholarship and action that advances the legal, social and economic position of people of color;" the 2007 Stanley Van Ness Leadership Award in Public Interest Law from the New Jersey Public Interest Law Center/New Jersey Appleseed for career contributions in public interest law; the 2010 Oliver Randolph Award from the Garden State Bar Association for contributions to the civil rights of African Americans; the 2014 Eileen P. Sweeney Award from the National Organization of Social Security Claimants' Representatives for "outstanding service to improve the quality and availability of advocacy for social security claimants and to improve the social security adjudicative process;" and the 2014 Clinical Legal Education Association's Award for outstanding contributions and accomplishments on behalf of clinical legal education and clinical law teachers. In 2016, he was elected into the National Academy of Social Insurance, a nonprofit organization comprised of “the nation’s leading experts on social insurance and social welfare policy” who have made "distinguished and continuing achievements in the field.”

He has been chair of the AALS Poverty Law Section, a member of the ABA Commission on Homelessness and Poverty and Administrative Conference of the United States (ACUS) Social Security Disability Adjudication Working Group; and a board member of the Clinical Law Review, Clinical Legal Education Association, National Center on Law and Economic Justice,  New Jersey Institute for Social Justice, and the San Antonio Fair Housing Council. He has provided testimony to Congress and the New Jersey Legislature on administrative adjudication and access to justice issues, and has served as a pro bono consultant for the NAACP Legal Defense and Educational Fund, Inc., on a variety of issues. 

He has taught in a Civil Justice Clinic for low income and homeless clients and supervised clinical student work and led clinic litigation in a dozen successful social security disability cases in the U.S. Courts of Appeals for the Third and Fifth Circuits, a successful appeal in the U.S. Supreme Court, major parts of a multi-decade housing discrimination and low-income public housing preservation class action in U.S. District Court in Newark, and over 200 evidentiary hearings for clinic clients. He has also taught several classroom courses including Administrative Law, Constitutional Law, Civil Rights Law, Poverty Law, and Social Security Law and seminars in Welfare Law and World Hunger and International Law.   

In 2019, the Rutgers University Board of Governors (BOG) bestowed one of its highest honors on Professor Dubin by designating him a BOG Distinguished Service Professor. This "university honor recognizes sustained and exceptional service of faculty members who, after having reached full professorial status, demonstrate service above and beyond what is expected and who have made a recognized exceptional impact bringing acclaim to them, the university, the broader community, the academic community, state or nation." Professor Dubin is one of only fourteen Rutgers Professors to ever receive this distinction, the third from the law school, and the first from the law school in the preceding fifteen years.

Publications

Recent Publications:

Recent Books

Social Security Disability and the American Labor Market: A Legal and Historical Analysis (New York University Press; Forthcoming 2020)

Social Security Disability Law and Procedure in Federal Court (2020 Edition; co-authored with Carolyn A. Kubitschek, Thomson Reuters Publishing Co.) (Forthcoming 2020)

2019 Update to Social Security Law, Policy and Practice: Cases and Materials (co-authored with Frank S. Bloch, West Academic Publishing  Co.) (2019)

Social Security Disability Law and Procedure In Federal Court (2019 edition; co-authored with Carolyn A. Kubitschek, Thomson Reuters Publishing Co.) (2019) (cited by the U.S. Supreme Court in Biestek v. Berryhill, 139 S.Ct. 1148, 1152 (2019))

2018 Update to Social Security Law, Policy and Practice: Cases and Materials (co-authored with Frank S. Bloch, West Academic Publishing  Co.) (2018)

Social Security Disability Law and Procedure in Federal Court (2018 Edition; co-authored with Carolyn A. Kubitschek, Thomson Reuters Publishing Co.) (2018)

2017 Update to Social Security Law, Policy and Practice: Cases and Materials (co-authored with Frank S. Bloch, West Academic Publishing  Co.) (2017)

Social Security Disability Law and Procedure in Federal Court (2017 Edition; co-authored with Carolyn A. Kubitschek, Thomson Reuters Publishing Co.) (cited in Lee v. Berryhill, 721 Fed. App'x 601, 606 (9th Cir. 2017))

Teacher’s Manual for Social Security Law,  Policy and Practice: Cases and Materials (co-authored with Frank S. Bloch, West Academic Publishing) (2016)

Social Security Disability Law and Procedure in Federal Court (2016 Edition; co-authored with Carolyn A. Kubitschek, Thomson Reuters Publishing Co.)

Social Security Law,  Policy and Practice: Cases and Materials (co-authored with Frank S. Bloch, West Academic Publishing) (2016)

Social Security Disability Law and Procedure in Federal Court (2015 edition; co-authored with Carolyn A. Kubitschek) (Thomson Reuters Publishing Co.) (cited in Yates v. Colvin, 606 Fed. App'x 225, 228 (5th Cir. 2015))  

Social Security Disability Law and Procedure in Federal Court (2014 edition; co-authored with Carolyn A. Kubitschek) (Thomson Reuters Publishing Co.) (cited in Copeland v. Colvin,  771 F.3d 920 ,925 (5th Cir. 2014))

Social Security Disability Law and Procedure in Federal Court (2013 edition; co-authored with Carolyn A. Kubitschek) (Thomson Reuters Publishing Co.)

Social Security Disability Law and Procedure in Federal Court (2012 edition; co-authored with Carolyn A. Kubitschek) (Thomson Reuters Publishing Co.)

Social Security Disability Law and Procedure in Federal Court (2011 edition; co-authored with Carolyn A. Kubitschek) (Thomson Reuters Publishing Co.)

Clinical Education for This Millenium: The Third Wave (Ayumi Miche Kodama & Eri Osaka trans. 2005) (co–authored with Margaret M. Barry & Peter A. Joy)

Recent Articles

A Modest, Albeit Heavily Tested Social Security Disability Reform Proposal: Streamlining the Adjudicative Process By Eliminating Reconsideration and Enhancing Initial Stage Development,  23 Geo. J. of Poverty. L. & Pol'y  203 (2016) (lead article)

The Rutgers Cases and the State of the Law of State Law School Clinical Programs, 65 Rutgers L. Rev. 817 (2013)

Scapegoating Social Security Disability Claimants (and The Judges Who Evaluate Them), 6 Advance: J. ACS Issue Groups 109 (2012) (co-authored with Robert Rains). Selected by JOTWELL as “one of the best works of recent scholarship relating to Administrative Law” and reviewed by Professor William Funk, www.Jotwell.com  (May 21, 2012)

The Labor Market Side of Disability Benefits Policy and Law, 20 S. Cal. Rev. L. & Soc. Just. 1 (2011) (lead article) (cited by the New Jersey Supreme Court in Grande v. Saint Claire's Health System, 164 A.2d 1030, 1034 n.2 (N.J. 2017))

Overcoming Gridlock: Campbell after a Quarter-Century and Bureaucratically Rational Gap-Filling in Mass Justice Adjudication in the Social Security Administration’s Disability Programs, 62 Admin. L. Rev. 937 (2010) (lead article) (cited by the U.S. Supreme Court and in numerous U.S. Court of Appeals decisions including:  Biestek v. Berryhill, 139 S.Ct. 1148, 1162 (2019) (Gorsuch,J. joined, by Ginsburg, J., dissenting);  Forsythe v. Colvin, 813 F.3d 677, 680-81  (7th Cir. 2016); Hill v. Colvin, 807 F.3d 862, 870 (7th Cir. 2015) (Posner, J., concurring); Alaura v. Colvin, 797 F.3d 503, 507 (7th Cir. 2015); Voight v. Colvin, 781 F.3d 871, 879 (7th Cir. 2015); Herrmann v. Colvin, 772 F.3d 110, 1113-14 (7th Cir. 2014); Guiton v. Colvin, 546 Fed. Appx. 137, 145 (4th Cir. 2013) (Davis, J., concurring); Smith v. Shinseki,  647 F.3d 1380, 1383 (Fed. Cir. 2011))

Recent Book Chapters

Social Security Adjudicative Reform:  Ending the Reconsideration Stage of SSDI Adjudication After Sixteen Years of Testing and Enhancing Initial Stage Development, in SSDI Solutions: Ideas To Strengthen the Social Security Disability Insurance Program (Committee for a Responsible Federal Budget (CRFB) Ed. 2016) (selected as part of compiliation of 12 papers by the non-partisan CRFB to be presented to Congress to inform consideration of social security disability reform)

Legal Education “Best Practices” Report, United States (Public Interest Law Institute, August, 2010) (co-authored with Margaret M. Barry and Peter A. Joy) (Commissioned report, available at http://www.pilnet.org/public-interest-law-resources/11-the-development-o...)

Protecting Newark’s Public Housing from Elimination (Ch. 17), in “You Can Tell It to the Judge” and other True Tales of Law School Lawyering (F. Askin ed. Vandeplas Publishing, 2009)

Taking the Fight for Disability Benefits to the High Court(s) (Ch. 11), in “You Can Tell It to the Judge” and other True Tales of Law School Lawyering (F. Askin ed.  Vandeplas Publishing, 2009)

 

Expertise
  • Appellate Advocacy
  • Civil Rights
  • Constitutional Litigation
  • Administrative Law
  • Clinical Legal Education
  • Litigation
  • Poverty Law