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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 ...
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 ...