Patrick Borchers

Last updated
Patrick Borchers
Personal details
BornSeptember 1961 (age 62)
Madison, Wisconsin, U.S.
Political party Democratic
Alma mater University of Notre Dame
University of California, Davis

Patrick J. Borchers (born 1961) is a lawyer, university administrator and politician from the state of Nebraska in the Midwestern United States. He is a member of the faculty of the Creighton University School of Law in the city of Omaha. In 2016, he ran unsuccessfully for a seat in the Nebraska legislature. Borchers is a member of the Democratic Party.

Contents

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. [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

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. [4] He stepped down in 2013 and was appointed director of the Werner Institute for Negotiation and Dispute Resolution. [5] In August 2015, Borchers stepped down as director and returned to full-time law faculty duties. [6] 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. [7]

Borchers's affidavits have been cited in conflict-of-laws cases in both the U.S. and Ontario. [8] His works have been cited by the United States Supreme Court [9] and U.S. Courts of Appeal. [10] State appellate courts have also cited his writings, including New York, [11] 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]

Politics

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 (then a Republican) 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. [20] [21] Linehan went on to win the seat, winning 55% of the vote in the general election to Armbrust's 45%. [22]

On March 22, 2020, Borchers changed registration to the Democratic Party. [23]

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References

  1. 1 2 "Creighton University : Borchers". Creighton.edu. Retrieved November 21, 2013.
  2. ↑ Sacramento supervisors ca.gov [ dead link ]
  3. ↑ Board of Supervisors v. Local Agency Formation Com., 3 Cal. 4th at 924
  4. ↑ "Creighton News Law School Dean Named Vice President for Academic Affairs at Creighton". Creighton.edu. Retrieved November 21, 2013.
  5. ↑ Jack Martin, "Werner Institute and Director Borchers Tackle Growing Need: Calming Conflicts", Omaha Daily Record, December 19, 2013. Accessed December 20, 2013.
  6. ↑ "August 2015 Newsletter". 25 August 2015.
  7. ↑ "Creighton University : Faculty Publications". Creighton.edu. Retrieved November 21, 2013.
  8. ↑ 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.[ failed verification ] 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)
  9. ↑ Daimler AG v. Bauman, https://www.supremecourt.gov/opinions/13pdf/11-965_1qm2.pdf
  10. ↑ 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)
  11. ↑ "IN THE MATTER OF JOSE LUIS ARROCHA, RESPONDENT, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, ET AL., APPELLANTS".
  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. ↑ Creighton University Claims Study american.edu [ dead link ]
  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. ↑ 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.
  21. ↑ Official Report of the Board of State Canvassers: Primary Election, May 10, 2016. p. 22. Nebraska Secretary of State. Retrieved October 30, 2016.
  22. ↑ Revised Official Report of the Board of State Canvassers: General Election, November 8, 2016 Archived December 20, 2016, at the Wayback Machine . Nebraska Secretary of State. p. 17. Retrieved May 1, 2017.
  23. ↑ "Patrick J. Borchers on Facebook". Facebook . Archived from the original on 2022-04-30.[ user-generated source ]
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