|Born||September 1961 (age 54)
Madison, Wisconsin, U.S.
|Alma mater||University of Notre Dame
University of California, Davis
Patrick J. Borchers is an American lawyer, university administrator and politician.
Life and career
Borchers was born in Madison, Wisconsin. He graduated from Boulder High School in Boulder Colorado in 1979. He received a B.S. in physics with Honors from the University of Notre Dame in 1983. He is a 1986 graduate of the University of California, Davis School of Law where he was elected to the Order of the Coif. He was a law clerk to Anthony Kennedy from 1986 to 1987 when Kennedy was a judge on the U.S. Court of Appeals for the Ninth Circuit. Kennedy was later elevated to the U.S. Supreme Court.
Borchers practiced law in Sacramento, California. In Board of Supervisors v. Local Agency Formation Com., 3 Cal. 4th 903 (1992), he successfully represented before the California Supreme Court a citizens group attempting to form the new city of Citrus Heights, California, arguing that it did not violate the Equal Protection Clause to restrict voting to those within the proposed city's boundaries.
After starting his academic career at Albany Law School, he was appointed in 1999 Dean of Creighton University School of Law in Omaha, Nebraska, serving until 2007. While in that position, he founded the Werner Institute for Negotiation and Dispute Resolution. In 2007, Borchers was appointed Vice President for Academic Affairs at Creighton, the Chief Academic Officer of the university. He stepped down in 2013 and was appointed director of the Werner Institute for Negotiation and Dispute Resolution. In August 2015, Borchers stepped down as director and returned to full time law faculty duties. Borchers's academic specialties include private international law (conflict of laws), international arbitration and federal jurisdiction and procedure. He is the author, co-author or editor of seven books and about 60 law review articles.
Borchers's affidavits have been cited in conflict-of-laws cases in both the U.S. and Ontario. His works have been cited by the United States Supreme Court and U.S. Courts of Appeal. State appellate courts have also cited his writings, including Louisiana, Missouri) New Jersey, Tennessee, Illinois, and Michigan.
Borchers has written on the extraterritorial effect of same-sex marriages. In a Rhode Island case, Borchers's work was cited in an amicus brief filed by groups opposing the state's recognition of a same-sex marriage contracted in Massachusetts.
In 2007, Borchers and several other faculty members at Creighton University authored a report, funded by the United States Agency for International Development on a possible resolution of the outstanding expropriation claims against Cuba in the event of a shift in U.S.-Cuba relations. The report recommended the creation of a Cuba-U.S. Tribunal to resolve the claims and suggested that since Cuba lacked sufficient hard currency to resolve the claims, claimants accept other forms of compensation, e.g. tax-free zones or development rights.
Borchers is married to Judy Borchers, a 1987 graduate of the U.C. Davis School of Law, and is the father of five children.
Borchers is the author of a blog "The Way I See It." In a March 16, 2015 interview on Nebraska-politics blog "Leavenworth Street", he stated that he would run for the 39th Legislative District seat in Nebraska's Legislature, which will be vacant in 2016 because incumbent Beau McCoy is term-limited.
- "Creighton University : Borchers". Creighton.edu. Retrieved 2013-11-21.
- Board of Supervisors v. Local Agency Formation Com., 3 Cal. 4th at 924
- "Creighton News Law School Dean Named Vice President for Academic Affairs at Creighton". Creighton.edu. Retrieved 2013-11-21.
- Jack Martin, "Werner Institute and Director Borchers Tackle Growing Need: Calming Conflicts", Omaha Daily Record, December 19, 2013. Accessed December 20, 2013.
- "Creighton University : Faculty Publications". Creighton.edu. Retrieved 2013-11-21.
- In Silver v. IMAX Corp., 110 Or. (3d) 425 (2012) Borchers's testimony on U.S. law was cited by an Ontario court, in what was described by one commentator as a "landmark" case, Somerville, Christopher. "The Show Goes On For IMAX: Landmark Class Action", Litigator, 2012-09-14. Retrieved 2013-11-19.[not in citation given] a class action in a stock fraud case involving U.S. shareholders. In a U.S. case, Tolliver v. Naor, 115 F. Supp. 2d. 697 (E.D. La. 2000), a U.S. federal court cited his affidavit on the extra-territorial application of New York's vehicle owner liability statute. "Tolliver v. Naor, 115 F. Supp. 2d 697, 701 (E.D. La. 2000)
- Daimler AG v. Bauman, http://www.supremecourt.gov/opinions/13pdf/11-965_1qm2.pdf
- E.g., Licci v. Lebanese Canadian Bank, 673 F.3d 952 (2d Cir. 2012)(discussing whether the New York Courts had jurisdiction in a tort action brought by Israeli citizens against Hizballah); Tuazon v. R.J. Reynolds Tobacco Co., 433 F.3d 1163 (9th Cir. 2006)(discussing whether a Washington State resident plaintiff could obtain jurisdiction over out-of-state tobacco companies); 'Dresdner Bank AG v. M/V Olympia Voyager, 446 F.3d 1377 (11th Cir. 2006); New Moon Shipping Co. v. MAN B&W Diesel AG, 121 F.3d 24 (2d Cir. 1997); Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer, 29 F.3d 727 (1st Cir. 1994)
- IArabie v. CITGO Petroleum Corp., 89 So. 3d 307 (La. 2012)(discussing application of punitive damages to a multistate case)
- Baldwin v. Fischer-Smith, 315 S.W.3d 389 (Mo. App. 2010)( Internet libel case)Baldwin v. Fischer-Smith, 315 SW 3d 389 - Mo: Court of Appeals, Southern Dist., 2nd Div. 2010 at Google Scholar. Retrieved 2013-11-19.
- P.V. v. Camp Jaycee, 197 N.J. 132 (2008)(both the majority and dissenting opinions in the New Jersey Supreme Court cited his works in deciding whether to apply New Jersey's charitable immunity statutes to a case involving a sexual assault on a disabled adult at a camp in Pennsylvania)
- State v. NV Sumatra Tobacco Trading Co., 403 S.W.3d 726 (2013)(jurisdictional dispute regarding a tobacco re-seller)
- Townsend v. Sears, Roebuck and Co., 227 Ill. 2d 147 (2007)(citing an article he published in the Maryland Law Review Townsend v. Sears, Roebuck and Co., 879 NE 2d 893 - Ill: Supreme Court 2007 at Google Scholar. Retrieved 2013-11-19.)
- Sutherland v. Kennington Truck Serv., 454 Mich. 274 (1996) (citing Borchers's empirical study of over 800 conflicts decisions in deciding whether to apply an out-of-state statute of limitations
- Borchers, The Coming Collision: Romer and State Defense of Marriage Acts, B.Y.U. Law Review.
- "Brief of amici curiae United Families International, Family Watch International, and Family Leader Foundation, filed in Chambers v. Ormiston, Supreme Court of Rhode Island. Retrieved 2013-11-21. Position of amici on p. 1; Borchers cited pp. 45–47.
- Neyfakh, Leon. "Cuba, you owe us $7 billion". Boston Globe. 2014-04-18. Retrieved 2014-12-26. Archived 2014-04-18 at Wayback Machine.