Now showing items 1-10 of 120
An essay on predictability in choice-of-law doctrine and implications for a Third Conflicts Restatement
Patrick J. Borchers, An Essay on Predictability in Choice-of-Law Doctrine and Implications for a Third Conflicts Restatement, 49 Creighton L. Rev. 495 (2016).
Both Restatements of the Conflict of Laws have been controversial. The First, completed in 1934, enshrined territorial rules, such as the law of the place of the injury (lex loci delicti) governing tort cases. The First ...
Proposed property claims settlement mechanism for the United States and Cuba
Richard C. Witmer, Erika Moreno, Patrick J. Borchers & Michael J. Kelly, A Proposed Property Claims Settlement Mechanism for the United States and Cuba, Cuban Aff., Oct. 2007, at 1.
Report on the resolution of outstanding property claims between Cuba and the United States
Patrick J. Borchers, Michael J. Kelly, Richard C. Witmer, Erika Moreno, Arthur B. Pearlstein & James S. Wunsch, Report on the Resolution of Outstanding Property Claims Between Cuba & the United States (2007).
This report to USAID, in fulfillment of a federal grant, designs a model for the post-Castro resolution of property claims between the U.S. and Cuba. The model designs a bilateral tribunal to process claims by U.S. nationals ...
Jones v. Flowers: An essay on a unified theory of procedural due process
Patrick J. Borchers, Jones v. Flowers: An Essay on a Unified Theory of Procedural Due Process, 40 Creighton L. Rev. 343 (2007).
Procedural due process has always been seen as having at least three independent strands. One is the jurisdictional or minimum contacts strand. That strand, derived from the Supreme Court's decision in International Shoe ...
One step forward and two back: Missed opportunities in refining the United States minimum contacts test and the European Union Brussels I Regulation
Patrick J. Borchers, One Step Forward and Two Back: Missed Opportunities in Refining the United States Minimum Contacts Test and the European Union Brussels I Regulation, 31 Ariz. J. Int'l & Comp. L. 1 (2014).
In 2011, the U.S. Supreme Court decided two cases regarding the scope of the "minimum contacts" test for permissible exercises of personal jurisdiction. In one case, relying on ill-defined notions of sovereignty, a plurality ...
Twilight of the minimum contacts test
Patrick J. Borchers, The Twilight of the Minimum Contacts Test, 11 Seton Hall Cir. Rev. 1 (2014).
The minimum contacts test has set the limits on the long-arm jurisdictional reach of U.S. courts since 1945. Although the International Shoe case that ushered in the test is routinely hailed as having created a fairer and ...
Emergence of quasi rules in U.S. conflicts law
Patrick J. Borchers, The Emergence of Quasi Rules in U.S. Conflicts Law, in 12 Yearbook of Private International Law 93 (Andrea Bonomi & Gian Paolo eds., 2010).
McIntyre Machinery, Goodyear, and the incoherence of the minimum contacts test
Patrick J. Borchers, J. McIntyre Machinery, Goodyear, and the Incoherence of the Minimum Contacts Test, 44 Creighton L. Rev. 1245 (2011).
On June 27, 2011, when J. McIntyre Machinery Ltd. v. Nicastro and Goodyear Dunlop Tire Operations, S.A. v. Brown were handed down, it marked the first time in almost a quarter century that the United States Supreme Court ...
Conflict of laws and Boumediene v. Bush
Patrick J. Borchers, The Conflict of Laws and Boumediene v. Bush, 42 Creighton L. Rev. 1 (2008).
The Supreme Court's 2008 decision extending the constitutional right of habeas corpus to non-citizen detainees held at Guantanamo Bay is a remarkable decision on many levels. Although the Supreme Court had previously held ...
Problem with general jurisdiction
Patrick J. Borchers, The Problem with General Jurisdiction, 2001 U. Chi. Legal F. 119.
This article examines the U.S. phenomenon of so-called "general jurisdiction." General jurisdiction involves unrelated activities of a corporation or business entity that are so pervasive that they subject the corporation ...