Now showing items 61-68 of 68
Forum selection agreements in the federal courts after Carnival Cruise: A proposal for congressional reform
Patrick J. Borchers, Forum Selection Agreements in the Federal Courts After Carnival Cruise: A Proposal for Congressional Reform, 67 Wash. L. Rev. 55 (1992).
After decades of hostility to exclusive forum selection agreements (i.e., agreements that require parties to litigate only in a particular court), the Supreme Court embraced them in 1973 in The Bremen v. Zapata Offshore ...
Patrick J. Borchers, Conflicts Pragmatism, 56 Alb. L. Rev. 883 (1993), reprinted in part in A Conflict-of-Laws Anthology 148 (Gene R. Shreve ed., 1997).
New York choice of law: Weaving the tangled strands
Patrick J. Borchers, New York Choice of Law: Weaving the Tangled Strands, 57 Alb. L. Rev. 93 (1993).
Choice-of-law revolution: An empirical study
Patrick J. Borchers, The Choice-of-Law Revolution: An Empirical Study, 49 Wash. & Lee L. Rev. 357 (1992), reprinted in 1 Economics of Conflict of Laws 84 (Erin A. O'Hara ed., 2007).
Beginning in 1963, U.S. conflict-of-laws principles began to alter drastically. On its way out was the vested rights theory that produced fairly certain rules, such as the place-of-the-injury rule for tort cases, and on ...
Conflict of laws: Private international law cases and materials
Peter Hay, Patrick J. Borchers & Richard D. Freer, Conflict of Laws: Private International Law Cases and Materials (15th ed. 2017).
Tort and contract jurisdiction via the Internet: The “minimum contacts” test and the Brussels regulation compared
Patrick J. Borchers, Tort and Contract Jurisdiction via the Internet: The “Minimum Contacts” Test and the Brussels Regulation Compared, 50 Neth. Int'l L. REV. 401 (2003).
Conflict of laws
Peter Hay, Patrick J. Borchers & Symeon C. Symeonides, Christopher A. Whytock, Conflict of Laws (6th ed. 2018).
Is the Supreme Court really going to regulate choice of law involving states?
Patrick J. Borchers, Is the Supreme Court Really Going to Regulate Choice of Law Involving States?, 50 Creighton L. Rev. 7 (2016).
In its 1973 decision in Hall v. Nevada, the U.S. Supreme Court held that an individual injured in his home state by the agents of another state may sue that other state and that the forum-state (the location of the litigation, ...