Now showing items 1-10 of 68
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 ...
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).
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).
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 ...
Nebraska choice of law: A synthesis
Patrick J. Borchers, Nebraska Choice of Law: A Synthesis, 39 Creighton L. Rev. 1 (2005).
Although U.S. choice-of-law (or conflict-of-laws) principles have been notoriously unstable and have led to unpredictable results, matters may be settling down to the point where conflicts rules or near-rules are emerging. ...
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).
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).