Now showing items 1-10 of 42
Death of the constitutional law of personal jurisdiction: From Pennoyer to Burnham and back again
Patrick J. Borchers, The Death of the Constitutional Law of Personal Jurisdiction: From Pennoyer to Burnham and Back Again, 24 U.C. DAVIS L. REV. 19 (1990), reprinted in 1 JURISDICTION AND PRIVATE INTERNATIONAL LAW 188 (Patrick J. Borchers ed., 2014), and reprinted in part in CIVIL PROCEDURE ANTHOLOGY 69 (David I. Levine, Donald L. Doernberg & Melissa L. Nelkin eds., 1998).
In 1990, in Burnham v. Superior Court, the U.S. Supreme Court upheld the traditional rule that a civil defendant could be subjected to personal jurisdiction in a state simply by being physically served with the summons ...
Forum selection agreements in the federal courts after Carnival Cruise: A proposal for congressional reform
Patrick J. Borchers, Forum Selection Agreements in the Federal Courts After Carnival Cruise: A Proposal for Congressional Reform, 67 Wash. L. Rev. 55 (1992).
After decades of hostility to exclusive forum selection agreements (i.e., agreements that require parties to litigate only in a particular court), the Supreme Court embraced them in 1973 in The Bremen v. Zapata Offshore ...
Comparing personal jurisdiction in the United States and the European community: Lessons for American reform
Patrick J. Borchers, Comparing Personal Jurisdiction in the United States and the European Community: Lessons for American Reform, 40 Am. J. Comp. L. 121 (1992).
Patrick J. Borchers, Conflicts Pragmatism, 56 Alb. L. Rev. 883 (1993), reprinted in part in A Conflict-of-Laws Anthology 148 (Gene R. Shreve ed., 1997).
Choice-of-law revolution: An empirical study
Patrick J. Borchers, The Choice-of-Law Revolution: An Empirical Study, 49 Wash. & Lee L. Rev. 357 (1992), reprinted in 1 Economics of Conflict of Laws 84 (Erin A. O'Hara ed., 2007).
Beginning in 1963, U.S. conflict-of-laws principles began to alter drastically. On its way out was the vested rights theory that produced fairly certain rules, such as the place-of-the-injury rule for tort cases, and on ...
Making findings of fact and preparing a decision in New York administrative adjudication
Patrick J. Borchers, Making Findings of Fact and Preparing a Decision in New York Administrative Adjudication, 11 J. Nat'l Ass'n Admin. L. Judges 85 (1991).
MBE preference programs in public contracts: Richmond v. Croson revisited
Patrick J. Borchers, MBE Preference Programs in Public Contracts: Richmond v. Croson Revisited, Construction Bus. Rev., Mar./Apr. 1991, at 21.
Origins of diversity jurisdiction, the rise of legal positivism, and a brave new world for Erie and Klaxon
Patrick J. Borchers, The Origins of Diversity Jurisdiction, the Rise of Legal Positivism, and a Brave New World for Erie and Klaxon, 72 Tex. L. Rev. 79 (1993), reprinted in part in Civil Procedure Anthology 220 (David I. Levine, Donald L. Doernberg & Melissa L. Nelkin eds., 1998).
The conventional explanation for the inclusion the grant of diversity jurisdiction (i.e., federal court jurisdiction in cases between citizens of different states) in the Constitution and the first Judiciary Act is that ...
Internationalization of contractual conflicts law
Patrick J. Borchers, The Internationalization of Contractual Conflicts Law, 28 Vand. J. Transnat'l L. 421 (1995).
Conference on jurisdiction, justice, and choice of law for the twenty-first century
Patrick J. Borchers et al., Conference on Jurisdiction, Justice, and Choice of Law for the Twenty-First Century, 29 New Eng. L. Rev. 517 (1995) (panelist).