Patrick Joseph Borchers

Creighton University School of Law

Lillis Family Distinguished Professor of Law

2500 California Plaza

Omaha, NE 68178

United States

http://culaw2.creighton.edu

SCHOLARLY PAPERS

35

DOWNLOADS
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5,079

SSRN CITATIONS
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Top 49,366

in Total Papers Citations

6

CROSSREF CITATIONS

7

Scholarly Papers (35)

1.

The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate

Creighton Law Review, Vol. 38, p. 353, 2005
Number of pages: 12 Posted: 07 May 2006
Patrick Joseph Borchers
Creighton University School of Law
Downloads 488 (82,428)

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full faith and credit, same-sex marriage, conflict of laws

2.

Punitive Damages, Forum Shopping, and the Conflict of Laws

Louisianna Law Review, Vol. 70, No. 2, 2010
Number of pages: 28 Posted: 25 Mar 2010
Patrick Joseph Borchers
Creighton University School of Law
Downloads 441 (92,888)
Citation 1

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Categorical Exemptions in Party Autonomy in Private International Law

Number of pages: 18 Posted: 08 Oct 2008
Patrick Joseph Borchers
Creighton University School of Law
Downloads 409 (100,548)

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Categorical Exemptions in Party Autonomy in Private International Law

Posted: 15 Sep 2008
Patrick Joseph Borchers
Creighton University School of Law

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4.

Internet Libel: The Consequences of a Non-Rule Approach to Personal Jurisdiction

Number of pages: 20 Posted: 24 Apr 2005
Patrick Joseph Borchers
Creighton University School of Law
Downloads 336 (126,422)

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Internet, libel, minimum contacts, jurisdiction, Keeton v. Hustler, Calder v. Jones

5.

The Choice-of-Law Revolution: An Empirical Study

Number of pages: 28 Posted: 21 Apr 2005
Patrick Joseph Borchers
Creighton University School of Law
Downloads 300 (142,410)
Citation 1

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Conflict of laws, choice of law, interest analysis, vested rights

6.

Conflict of Laws: Review of New York Law

Syracuse Law Review, Vol. 49, p. 333, 1999
Number of pages: 24 Posted: 30 Apr 2007
Patrick Joseph Borchers
Creighton University School of Law
Downloads 285 (150,195)

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choice of law, conflict of law, New York Court of Appeals

7.

J. Mcintyre Machinery, Goodyear, and the Incoherence of the Minimum Contacts Test

Creighton Law Review, Vol. 44, No. 4, p. 1245, 2011
Number of pages: 32 Posted: 18 Oct 2011
Patrick Joseph Borchers
Creighton University School of Law
Downloads 218 (195,198)

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minimum contacts, jurisdiction, state-court jurisdiction, stream of commerce, sovereignty

8.

The Origins of Diversity Jurisdiction, the Rise of Legal Positivism, and a Brave New World for Erie and Klaxon

Texas Law Review, Vol. 72, p. 79, 1993
Number of pages: 55 Posted: 30 Apr 2007
Patrick Joseph Borchers
Creighton University School of Law
Downloads 215 (197,607)
Citation 2

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9.

The Death of the Constitutional Law of Personal Jurisdiction: From Pennoyer to Burnham and Back Again

UC Davis Law Review, Vol. 24, p. 19, 1990
Number of pages: 87 Posted: 30 Apr 2007
Patrick Joseph Borchers
Creighton University School of Law
Downloads 206 (205,653)

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jurisdiction, due process, minimum contacts, transient presence, Pennoyer v. Neff,Burnham v. Superior Court, state-court jurisdiction

10.

Nebraska Choice of Law: A Synthesis

Creighton Law Review, Vol. 39, No. 1, 2005
Number of pages: 25 Posted: 07 May 2006
Patrick Joseph Borchers
Creighton University School of Law
Downloads 184 (227,363)

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Nebraska, conflict of laws, choice of law

11.

An Essay on Predictability in Choice-of-Law Doctrine and Implications for a Third Conflicts Restatement

Creighton Law Review, Vol. 49, No. 3, 2016
Number of pages: 12 Posted: 11 Jun 2016
Patrick Joseph Borchers
Creighton University School of Law
Downloads 162 (253,317)

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conflict of laws, choice of law, Third Restatement of the Conflict of Laws, predictability, codification

12.

Jones v. Flowers: An Essay on a Unified Theory of Procedural Due Process

Creighton Law Review, Vol. 40, p. 343, 2007
Number of pages: 10 Posted: 26 Apr 2007
Patrick Joseph Borchers
Creighton University School of Law
Downloads 150 (269,723)

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jurisdiction, due process, civil procedure, cost-benefit, notice

13.

Louisiana's Conflicts Codification: Some Empirical Observations Regarding Decisional Predictability

Louisiana Law Review, Vol. 60, p. 1061, 2000
Number of pages: 10 Posted: 08 May 2006
Patrick Joseph Borchers
Creighton University School of Law
Downloads 136 (291,383)
Citation 1

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conflict of laws, choice of law, Louisiana, codification

14.

Brief of Thirty-Four Law Professors as Amici Curiae in Support of Appellants in Altera Corp. v. Papst Licensing GMBH

Southwestern Law School Research Paper No. 2015-25
Number of pages: 28 Posted: 22 Dec 2015 Last Revised: 06 Jan 2021
Southwestern Law School, University at Buffalo Law School, Tulane University Law School, Creighton University School of Law, Yeshiva University - Benjamin N. Cardozo School of Law, Rutgers Law School, University of Denver Sturm College of Law, Santa Clara University - School of Law, University of Utah - S.J. Quinney College of Law, UC Hastings Law, University of Kentucky - College of Law, Elon University School of Law, University of California, Davis, University of New Hampshire Franklin Pierce School of Law, Suffolk University Law School, Temple University - James E. Beasley School of Law, Emory University, University of Baltimore - School of Law, University of Houston Law Center, Catholic University of America (CUA) - Columbus School of Law, Stanford Law School, UC Hastings Law, University of Georgia School of Law, St. Thomas University College of Law, St. Thomas University School of Law, Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation, Michigan State University College of Law, South Texas College of Law, Case Western Reserve University School of Law, Washington and Lee University School of Law, University of St. Thomas School of Law (Minnesota), Florida International University (FIU) - College of Law, Simpson Thacher & Bartlett LLP and University of Pennsylvania Carey Law School - Student/Alumni/Adjunct
Downloads 134 (294,631)

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patent, declaratory judgment, jurisdiction, personal jurisdiction, patent assertion entity, minimum contacts

15.

Conflict-of-Laws Considerations in State Court Human Rights Actions

3 U.C. Irvine Law Review 45 (2013)
Number of pages: 17 Posted: 24 Mar 2013
Patrick Joseph Borchers
Creighton University School of Law
Downloads 124 (312,236)

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choice of law, conflict of laws, personal jurisdiction, human rights, alien tort statute, state courts

16.

The Problem with General Jurisdiction

University of Chicago Legal Forum, p. 119, 2001
Number of pages: 22 Posted: 19 Jan 2014
Patrick Joseph Borchers
Creighton University School of Law
Downloads 123 (314,146)

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general jurisdiction, minimum contacts, Daimler AG

17.

The Conflict of Laws and Boumediene V. Bush

Creighton Law Review, Vol. 42, No. 1, 2008
Number of pages: 27 Posted: 24 Apr 2009
Patrick Joseph Borchers
Creighton University School of Law
Downloads 123 (314,146)

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Guantanamo Bay, Cuba, habeas corpus, conflict of laws, extraterritoriality, interbushnational law, constitutional law, war on terror, boumediene

18.

Ford Motor Company v. Montana Eighth Judicial District Court: Lots of Questions, Some Answers

Emory Law Journal Online, Vol. 71, No. 1, 2021
Number of pages: 29 Posted: 24 Sep 2021
Patrick Joseph Borchers, Richard D. Freer and Thomas C. Arthur
Creighton University School of Law, Emory University School of Law and Emory University School of Law
Downloads 122 (315,963)

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personal jurisdiction, minimum contacts, related contacts, Ford, products liability

19.

One Step Forward and Two Back: Missed Opportunities in Refining the United States Minimum Contacts Test and the European Union Brussels I Regulation

Arizona Journal of International and Comparative Law, Vol. 3, No. 1, 2014
Number of pages: 20 Posted: 20 May 2014
Patrick Joseph Borchers
Creighton University School of Law
Downloads 92 (381,590)

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Brussels I Regulation, minimum contacts, personal jurisdiction, U.S. Supreme Court, J. McIntyre,Nicastro, Goodyear, general jurisdiction, specific jurisdiction

20.

Forum Selection Agreements in the Federal Courts After Carnival Cruise: A Proposal for Congressional Reform

Washington Law Review, Vol. 65, p. 55, 1992
Number of pages: 57 Posted: 01 May 2007
Patrick Joseph Borchers
Creighton University School of Law
Downloads 87 (394,910)

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forum selection clause, The Bremen, Carnival Cruise Lines, derogation, prorogation

21.

Baker V. General Motors: Implications for Interjurisdictional Recognition of Nontraditional Marriages

Number of pages: 39 Posted: 20 Apr 2005
Patrick Joseph Borchers
Creighton University School of Law
Downloads 81 (411,896)
Citation 1

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Full faith and credit, defense of marriage act, same-sex marriage

22.

The Real Risk of Forum Shopping: A Dissent from Shady Grove

Creighton Law Review, Vol. 44, p. 29, 2010
Number of pages: 13 Posted: 18 Oct 2011
Patrick Joseph Borchers
Creighton University School of Law
Downloads 75 (430,331)

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23.

How ‘International’ Should a Third Conflicts Restatement Be in Tort and Contract

Duke Journal of Comparative & International Law, Vol. 27, No. 3, 2017
Number of pages: 23 Posted: 23 May 2017 Last Revised: 24 May 2017
Patrick Joseph Borchers
Creighton University School of Law
Downloads 74 (433,560)

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Minimum Contacts, Choice of Law, Conflict of Laws, Private International Law, Restatement (Third) Conflict of Laws, Personal Jurisdiction, Judicial Jurisdiction

24.

The Twilight of the Minimum Contacts Test

Seton Hall Circuit Review Vol. 11, No. 1, 2014
Number of pages: 40 Posted: 20 Dec 2014
Patrick Joseph Borchers
Creighton University School of Law
Downloads 70 (446,663)

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International Shoe, minimum contacts, personal jurisdiction, long-arm jurisdiction, Due Process Clause, litigation, fairness, stream of commerce jurisdiction, essentially at home

25.

Extending Federal Rule of Civil Procedure 4(K)(2): A Way to (Partially) Clean Up the Personal Jurisdiction Mess

American University Law Review, Vol. 67, No. 2, 2017
Number of pages: 45 Posted: 18 Jan 2018
Patrick Joseph Borchers
Creighton University School of Law
Downloads 69 (450,057)

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Minimum Contacts, Personal Jurisdiction, Stream of Commerce, Specific Jurisdiction, General Jurisdiction, Federal Rules of Civil Procedure, Products Liability

26.

Is the Supreme Court Really Going to Regulate Choice of Law Involving States?

Creighton Law Review, Vol. 50, No. 7, 2016
Number of pages: 12 Posted: 09 Jan 2017
Patrick Joseph Borchers
Creighton University School of Law
Downloads 67 (457,007)

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Full Faith and Credit, comity, Hall v. Nevada, Hyatt, conflict of laws, choice of law

27.

A Few Little Issues for the Hague Judgments Negotiations

Number of pages: 10 Posted: 17 May 2005
Patrick Joseph Borchers
Creighton University School of Law
Downloads 67 (457,007)

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hague conference, jurisdiction, judgments, civil and commercial matters

28.

Executive Summary: Report on the Resolution of Outstanding Property Claims between Cuba & the United States

Creighton Law Review, Vol. 41, No. 2, 2008
Number of pages: 12 Posted: 10 Mar 2010
Creighton University School of Law, Creighton University, Creighton University, affiliation not provided to SSRN, Creighton University and Creighton University School of Law
Downloads 66 (460,399)

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Cuba, Castro, nationalization, property claims, real estate, sugar mill, embargo, Libertad Act, Helms-Burton, international trade, Iran-U.S. Claims Tribunal, The Hague, Spanish Civil Code, tribunal

29.

Ford Motor Co. V. Montana Eighth Judicial District Court and 'Corporate Tag Jurisdiction' in the Pennoyer Era

Case Western Reserve Law Review, Vol. 72, No. 1, 2021
Number of pages: 46 Posted: 17 Feb 2022
Patrick Joseph Borchers
Creighton University School of Law
Downloads 53 (510,818)

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personal jurisdiction, minimum contacts, related contacts, Ford, products liability, corporate registration, originalism, Due Process Clause, procedural due process, corporate jurisdiction, Supreme Court, Gorsuch, general jurisdiction, specific jurisdiction

30.

The Coming Collision: Romer and State Defense of Marriage Acts

Brigham Young University Law Review, p. 1635, 2008
Number of pages: 15 Posted: 24 Apr 2009 Last Revised: 27 Apr 2009
Patrick Joseph Borchers
Creighton University School of Law
Downloads 44 (551,750)

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31.

The Muddy-Booted, Disingenuous Revolution In Personal Jurisdiction

Florida Law Review, Vol. 70, No. 3, 2018
Number of pages: 10 Posted: 12 Mar 2019
Patrick Joseph Borchers
Creighton University School of Law
Downloads 38 (582,311)

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personal jurisdiction, minimum contacts, interstate federalism, sovereignty, forum choice

32.

Kiobel's 'Touch and Concern' Test in the Eleventh Circuit (and Elsewhere) and a New Paradigm for the Extraterritorial Application of U.S. Law.

50 Cumberland Law Review 259 (2020)
Number of pages: 25 Posted: 14 Feb 2021
Patrick Joseph Borchers
Creighton University School of Law
Downloads 20 (700,981)

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Alien Tort Statute, extraterritorial application of federal law, extraterritoriality, touch and concern, Kiobel, Morrison, RJR Nabisco, human rights litigation

33.

Nebraska Choice of Law: An Updated Synthesis

Creighton Law Review, 2020
Number of pages: 20 Posted: 19 Nov 2020
Patrick Joseph Borchers
Creighton University School of Law
Downloads 14 (751,246)

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conflict of laws, choice of law, Second Restatement of Conflict of Laws, Third Restatement of Conflict of Laws

34.

The Incredible Shrinking Hague Evidence Convention

Texas International Law Journal, Vol. 38, No. 1, 2003
Number of pages: 14 Posted: 10 Aug 2021
Patrick Joseph Borchers
Creighton University School of Law
Downloads 6 (828,761)

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Hague Evidence Convention, Hague Service Convention, Hague Conference on Private International law, private international law, international litigation, international discovery, conflict of laws

35.

Report on the Resolution of Outstanding Property Claims between Cuba and the United States

Final Report to USAID, Creighton University Press 2007
Posted: 23 Jun 2008
Creighton University School of Law, Creighton University School of Law, Creighton University, Creighton University, Creighton University and affiliation not provided to SSRN

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cuba, property, claims settlement, mediation, arbitration, uncitral, conflicts of law, usaid, creighton, international, havana, castro, miami, cuban-american, sugar mill, real property