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Louisiana's conflicts codification: Some empirical observations regarding decisional predictability
Patrick J. Borchers, Louisiana's Conflicts Codification: Some Empirical Observations Regarding Decisional Predictability, 60 La. L. Rev. 1061 (2000).
In 1992, Louisiana became the first (and still the only) state to codify its choice-of-law doctrine. The conflicts rules that it created in statutory form are far removed from the pre-conflicts-revolution rules such as the ...
Empiricism and theory in conflicts law
Patrick J. Borchers, Commentary, Empiricism and Theory in Conflicts Law, 75 Ind. L.J. 509 (2000).
Nebraska choice of law: A synthesis
Patrick J. Borchers, Nebraska Choice of Law: A Synthesis, 39 Creighton L. Rev. 1 (2005).
Although U.S. choice-of-law (or conflict-of-laws) principles have been notoriously unstable and have led to unpredictable results, matters may be settling down to the point where conflicts rules or near-rules are emerging. ...
Exporting and importing domestic partnerships: Some conflicts-of-law questions and concerns
Ralph U. Whitten, Exporting and Importing Domestic Partnerships: Some Conflicts-of-Law Questions and Concerns, 2001 BYU L. Rev. 1235.
This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed ...
U.S. conflict-of-laws doctrine and forum shopping, domestic and international (revisited)
Ralph U. Whitten, U.S. Conflict-of-Laws Doctrine and Forum Shopping, Domestic and International (Revisited), 37 Tex. Int'l L.J. 559 (2002).
This article discusses Professor Friedrich Juenger's contributions to the subject of conflict of laws and international forum shopping. The article describes Professor Juenger's assessment of the effect of conflict-of-laws ...
Choice of law, jurisdiction, and judgment issues in interstate adoption cases
Ralph U. Whitten, Choice of Law, Jurisdiction, and Judgment Issues in Interstate Adoption Cases, 31 Cap. U. L. Rev. 803 (2003).
The purpose of this article is to describe the choice-of-law, jurisdiction, and judgment problems in interstate adoption cases. The article points out that among all issues relating to domestic relations, adoption is one ...
Curing the deficiencies of the conflicts revolution: A proposal for national legislation on choice-of-law, jurisdiction, and judgments
Ralph U. Whitten, Curing the Deficiencies of the Conflicts Revolution: A Proposal for National Legislation on Choice-of-Law, Jurisdiction, and Judgments, 37 Willamette L. Rev. 259 (2001).
Choice-of-law revolution: An empirical study
Patrick J. Borchers, The Choice-of-Law Revolution: An Empirical Study, in 1 Economics of Conflict of Laws 84 (Erin A. O'Hara ed., 2007).
Categorical exceptions to party autonomy in private international law
Patrick J. Borchers, Categorical Exceptions to Party Autonomy in Private International Law, 82 Tul. L. Rev. 1645 (2008).
While history records resistance, choice-of-law and choice-of-forum clauses enjoy widespread enforcement in the United States and Europe today as a recognition of the value of party autonomy in transactions increases. Yet ...
Losing the battle, winning the war: Juenger's critique of interest analysis
Patrick J. Borchers, Video File: Losing the Battle, Winning the War: Juenger's Critique of Interest Analysis, in Juenger Colloquium (U.C. Davis School of Law 2004).
Patrick Borchers portion of the Juenger colloquium held on February 12, 2004, that was organized by the University of California at Davis School of Law. Participants of the colloquium discussed the influence of Friedrich ...