Patrick Borchers

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Patrick Borchers
Personal details
Born September 1961 (age 55)
Madison, Wisconsin, U.S.
Political party Republican
Alma mater University of Notre Dame
University of California, Davis

Patrick J. Borchers is an American lawyer, university administrator and politician.

Life and career[edit]

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.[1] 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),[2] 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.[3]

Academic career[edit]

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.[4] In 2007, Borchers was appointed Vice President for Academic Affairs at Creighton, the Chief Academic Officer of the university.[5] He stepped down in 2013 and was appointed director of the Werner Institute for Negotiation and Dispute Resolution.[6] In August 2015, Borchers stepped down as director and returned to full time law faculty duties.[7] Borchers's academic specialties include private international law (conflict of laws), international arbitration and federal jurisdiction and procedure.[1] He is the author, co-author or editor of seven books and about 60 law review articles.[8]

Borchers's affidavits have been cited in conflict-of-laws cases in both the U.S. and Ontario.[9] His works have been cited by the United States Supreme Court[10] and U.S. Courts of Appeal.[11] State appellate courts have also cited his writings, including Louisiana,[12] Missouri)[13] New Jersey,[14] Tennessee,[15] Illinois,[16] and Michigan.[17]

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.[18] 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.[19]

Personal life[edit]

Borchers is married to Judy Borchers, a 1987 graduate of the U.C. Davis School of Law, and is the father of five children.[20]

Politics[edit]

In 2016, Borchers ran for the Nebraska legislature from the 39th District, a heavily Republican district consisting of the western portion of Douglas County. Under Nebraska's term-limits law, the incumbent, Republican Beau McCoy, was ineligible to run for a third consecutive term. In the non-partisan primary, Borchers faced fellow Republican Lou Ann Linehan, who had been an aide for former U.S. senator Chuck Hagel, and Democrat Bill Armbrust, a farmer who described himself as a "compassionate conservative" with libertarian elements. When the primary was held, Borchers came in third, with 1862 of the 6169 votes cast, or 30.2%. Armbrust received 1971 votes, or 32.0%; Linehan won 2336 votes, or 37.9%. As the top two vote-getters, Armbrust and Linehan moved on to the general election, while Borchers was eliminated.[21][22]

References[edit]

  1. ^ a b "Creighton University : Borchers". Creighton.edu. Retrieved November 21, 2013. 
  2. ^ http://resources.ca.gov/ceqa/cases/1992/sacramento_supervisors_110992.html
  3. ^ Board of Supervisors v. Local Agency Formation Com., 3 Cal. 4th at 924
  4. ^ http://www.lawcrossing.com/article/754/New-Institute-at-Creighton-University-Law-School-Will-Broaden-Dispute-Resolution-Options-for-Students-Community/#
  5. ^ "Creighton News Law School Dean Named Vice President for Academic Affairs at Creighton". Creighton.edu. Retrieved November 21, 2013. 
  6. ^ Jack Martin, "Werner Institute and Director Borchers Tackle Growing Need: Calming Conflicts", Omaha Daily Record, December 19, 2013. Accessed December 20, 2013.
  7. ^ http://law.creighton.edu/werner-institute/news-events/newsletter/august-2015-newsletter
  8. ^ "Creighton University : Faculty Publications". Creighton.edu. Retrieved November 21, 2013. 
  9. ^ 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 November 19, 2013.[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)
  10. ^ Daimler AG v. Bauman, http://www.supremecourt.gov/opinions/13pdf/11-965_1qm2.pdf
  11. ^ 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)
  12. ^ IArabie v. CITGO Petroleum Corp., 89 So. 3d 307 (La. 2012)(discussing application of punitive damages to a multistate case)
  13. ^ 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 Archived January 31, 2014, at the Wayback Machine.. Retrieved November 19, 2013.
  14. ^ 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)
  15. ^ State v. NV Sumatra Tobacco Trading Co., 403 S.W.3d 726 (2013)(jurisdictional dispute regarding a tobacco re-seller)
  16. ^ 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 Archived January 31, 2014, at the Wayback Machine.. Retrieved November 19, 2013.)
  17. ^ 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
  18. ^ https://www.american.edu/clals/upload/Creighton-University-Claims-Study.pdf
  19. ^ Neyfakh, Leon. "Cuba, you owe us $7 billion". Boston Globe. April 18, 2014. Retrieved December 26, 2014. Archived April 18, 2014 at Wayback Machine.
  20. ^ http://onlineministries.creighton.edu/CollaborativeMinistry/borchers.html
  21. ^ Moring, Roseann. "2 Republicans have financial edge on Democrat in race for District 39's Legislature seat". Omaha World-Herald. April 20, 2016. Retrieved October 30, 2016.
  22. ^ Official Report of the Board of State Canvassers: Primary Election, May 10, 2016. p. 22. Nebraska Secretary of State. Retrieved October 30, 2016.