Now showing items 1-10 of 12
Interjurisdictional issues in adoption: Where is this child not my child?
Catherine M. Brooks, Interjurisdictional Issues in Adoption: Where Is This Child Not My Child?, in Conference on Interjurisdictional Marriage Recognition (Creighton Univ. Sch. of Law ed., 1998).
Improving the "better law" system: Some impudent suggestions for reordering and reformulating Leflar's choice-influencing considerations
Ralph U. Whitten, Improving the "Better Law" System: Some Impudent Suggestions for Reordering and Reformulating Leflar's Choice-Influencing Considerations, 52 Ark. L. Rev. 177 (1999).
This article is about Professor Robert Leflar's Better Law System, in which five choice-influencing considerations are used in choice-of-law cases. This article discusses the strengths and weaknesses of the system and ...
Developments in the Erie Doctrine: 1991
Ralph U. Whitten, Developments in the Erie Doctrine: 1991, 40 Am. J. Comp. L. 967 (1992).
This article is about the court's development in the Erie Doctrine as of 1991. The article discusses several cases about how the court has handled conflicts between federal and state law. Through the discussion, the article ...
Back to the past: Anti-pragmatism in American conflicts law
Patrick J. Borchers, Back to the Past: Anti-Pragmatism in American Conflicts Law, 48 Mercer L. Rev. 721 (1997).
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 A 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 ...
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 ...
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).
Death of the constituional 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 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 ...
Pennoyer's limited legacy: A reply to Professor Oakley
Patrick J. Borchers, Pennoyer’s Limited Legacy: A Reply to Professor Oakley, 29 U.C. Davis L. Rev. 115 (1995).
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).