Now showing items 1-10 of 16
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 ...
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 ...
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).
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 ...