Now showing items 1-10 of 73
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 ...
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 ...
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 ...
Incredible shrinking Hague Evidence Convention
Patrick J. Borchers, The Incredible Shrinking Hague Evidence Convention, 38 Tex. Int'l L.J. 73 (2003).
Choice of law in federal courts: A reply
Patrick J. Borchers, Choice of Law in Federal Courts: A Reply, 38 Brandeis L.J. 159 (2000).
Conflict of laws: Cases and materials
Peter Hay, Russell J. Weintraub & Patrick J. Borchers, Conflict of Laws: Cases and Materials (13th ed. 2009) (also Teacher's Manual).
Look forward, a look back: Juenger's first major conflicts article
Patrick J. Borchers, A Look Forward, a Look Back: Juenger's First Major Conflicts Article, in International Conflict of Laws for the Third Millennium: Essays in Honor of Friedrich K. Juenger 3 (Patrick J. Borchers & Joachim Zekoll eds., 2001).
Jurisdiction to adjudicate revisited
Patrick J. Borchers, Jurisdiction to Adjudicate Revisited, in Law and Justice in a Multistate World: Essays in Honor of Arthur Von Mehren 3 (Symeon C. Symeonides & James A. R. Nafziger eds., 2002).