Now showing items 1-10 of 68
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 ...
Emergence of quasi rules in U.S. conflicts law
Patrick J. Borchers, The Emergence of Quasi Rules in U.S. Conflicts Law, in 12 Yearbook of Private International Law 93 (Andrea Bonomi & Gian Paolo eds., 2010).
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).
One step forward and two back: Missed opportunities in refining the United States minimum contacts test and the European Union Brussels I Regulation
Patrick J. Borchers, One Step Forward and Two Back: Missed Opportunities in Refining the United States Minimum Contacts Test and the European Union Brussels I Regulation, 31 Ariz. J. Int'l & Comp. L. 1 (2014).
In 2011, the U.S. Supreme Court decided two cases regarding the scope of the "minimum contacts" test for permissible exercises of personal jurisdiction. In one case, relying on ill-defined notions of sovereignty, a plurality ...
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 ...
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).
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 ...
Foreword to the Shady Grove opinions
Patrick J. Borchers, Foreword to the Shady Grove Opinions, 44 Creighton L. Rev. 1 (2010).