Now showing items 1-10 of 16
An essay on predictability in choice-of-law doctrine and implications for a Third Conflicts Restatement
Patrick J. Borchers, An Essay on Predictability in Choice-of-Law Doctrine and Implications for a Third Conflicts Restatement, 49 Creighton L. Rev. 495 (2016).
Both Restatements of the Conflict of Laws have been controversial. The First, completed in 1934, enshrined territorial rules, such as the law of the place of the injury (lex loci delicti) governing tort cases. The First ...
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 ...
Jurisdiction and private international law
Jurisdiction and Private International Law (Patrick J. Borchers ed., 2014).
Conflict of laws: Cases and materials
Peter Hay, Russell J. Weintraub & Patrick J. Borchers, Conflict of Laws: Cases and Materials (14th ed. 2013 & Supp. 2016).
Conflict-of-laws considerations in state court human rights actions
Patrick J. Borchers, Conflict-of-Laws Considerations in State Court Human Rights Actions, 3 U.C. Irvine L. Rev. 45 (2013).
As U.S. Supreme Court decisions have curtailed the availability of civil redress for human rights violations under the Alien Tort Statute, victims of human rights abuses are beginning to consider U.S. state courts as a ...
Personal jurisdiction over foreign companies
Patrick J. Borchers, Personal Jurisdiction over Foreign Companies, 3 Int'l J. Proc. L. 5 (2013).
Conflicts in a nutshell
Patrick J. Borchers, Conflicts in a Nutshell (4th ed. 2016).
Topics covered include issues involving domicile; jurisdiction; adjudication; statute of limitations; foreign law; contract and business cases; torts; "renvoi"; Erie Doctrine; judgments; and family (marriage, dissolution ...
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 ...
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).