This article addresses the issues related to specialized courts, specifically focusing on business courts, and provides a comprehensive overview of the evolution of non-Delaware business courts. After addressing the theoretical assumptions of and civil justice goals served by business courts, the article proposes a framework to evaluate and measure the success of business courts by focusing on efficiency, quality of decision-making, and the perception of due process. The article surveys existing business courts and undertakes a comparative analysis of their structural elements: case subject matter, jurisdiction, minimum damages thresholds, and transfer procedures. The article then analyzes the existing programs under the proposed framework by comparing program elements that demonstrate efficiency, such as case management programs, demonstrate quality, such as low reversal rates, and demonstrate due process, such as publication of opinions.
Article
Making a Case for Business Courts: A Survey Of and Proposed Framework to Evaluate Business Courts
Georgia State University Law Review
Document Type
Article
Publication Date
1-1-2007
Disciplines
Abstract
Citation Information
Anne Tucker Nees, Making a Case for Business Courts: A Survey Of and Proposed Framework to Evaluate Business Courts, 24 Ga. St. U. L. Rev. 477 (2007).
External Links
Westlaw
Lexis Advance
HeinOnline