Now showing items 1-10 of 68
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 ...
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).
Jurisdiction and private international law
Jurisdiction and Private International Law (Patrick J. Borchers ed., 2014).
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
Paul E. McGreal, Conflict of Laws, 47 SMU L. Rev. 865 (1994).
Choice-of-law revolution: An empirical study
Patrick J. Borchers, The Choice-of-Law Revolution: An Empirical Study, in 1 Economics of Conflict of Laws 84 (Erin A. O'Hara ed., 2007).
Categorical exceptions to party autonomy in private international law
Patrick J. Borchers, Categorical Exceptions to Party Autonomy in Private International Law, 82 Tul. L. Rev. 1645 (2008).
While history records resistance, choice-of-law and choice-of-forum clauses enjoy widespread enforcement in the United States and Europe today as a recognition of the value of party autonomy in transactions increases. Yet ...
Conflict of laws
Paul E. McGreal, Conflict of Laws, 46 SMU L. Rev. 1123 (1993).