Now showing items 1-10 of 120
Twilight of the minimum contacts test
Patrick J. Borchers, The Twilight of the Minimum Contacts Test, 11 Seton Hall Cir. Rev. 1 (2014).
The minimum contacts test has set the limits on the long-arm jurisdictional reach of U.S. courts since 1945. Although the International Shoe case that ushered in the test is routinely hailed as having created a fairer and ...
Real risk of forum shopping: A dissent from Shady Grove
Patrick J. Borchers, The Real Risk of Forum Shopping: A Dissent from Shady Grove, 44 Creighton L. Rev. 29 (2010).
This article is written as a hypothetical dissenting opinion from the U.S. Supreme Court's decision in Shady Grove Orthopedic Associates v. Allstate Insurance Co. In that case, the Court held that a federal court sitting ...
Foreword to the Shady Grove opinions
Patrick J. Borchers, Foreword to the Shady Grove Opinions, 44 Creighton L. Rev. 1 (2010).
Conflict of laws
Peter Hay, Patrick J. Borchers & Symeon C. Symeonides, Conflict of Laws (5th ed. 2010).
Punitive damages, forum shopping, and the conflict of laws
Patrick J. Borchers, Punitive Damages, Forum Shopping, and the Conflict of Laws, 70 La. L. Rev. 529 (2010).
Few issues have as profound an impact on civil litigation as the availability and dimensions of punitive damages. States, however, vary considerably on whether punitive damages are allowed, the quantum and burden of proof ...
Comparative conflict of laws: Conventions, regulations, and codes
Peter Hay, Russell J. Weintraub & Patrick J. Borchers, Comparative Conflict of Laws: Conventions, Regulations, and Codes (2009).
Report on the resolution of outstanding property claims between Cuba and the United States
Patrick J. Borchers, Michael J. Kelly, Richard C. Witmer, Erika Moreno, Arthur B. Pearlstein & James S. Wunsch, Report on the Resolution of Outstanding Property Claims Between Cuba & the United States (2007).
This report to USAID, in fulfillment of a federal grant, designs a model for the post-Castro resolution of property claims between the U.S. and Cuba. The model designs a bilateral tribunal to process claims by U.S. nationals ...
Proposed property claims settlement mechanism for the United States and Cuba
Richard C. Witmer, Erika Moreno, Patrick J. Borchers & Michael J. Kelly, A Proposed Property Claims Settlement Mechanism for the United States and Cuba, Cuban Aff., Oct. 2007, at 1.
Jones v. Flowers: An essay on a unified theory of procedural due process
Patrick J. Borchers, Jones v. Flowers: An Essay on a Unified Theory of Procedural Due Process, 40 Creighton L. Rev. 343 (2007).
Procedural due process has always been seen as having at least three independent strands. One is the jurisdictional or minimum contacts strand. That strand, derived from the Supreme Court's decision in International Shoe ...
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 ...