Title

Making a Case for Business Courts: A Survey Of and Proposed Framework to Evaluate Business Courts

Publication Title

Georgia State University Law Review

Document Type

Article

Publication Date

1-1-2007

Abstract

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.

Comments

External Links
Westlaw
Lexis Advance
HeinOnline

Recommended Citation

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).

Volume

24

Issue

2

First Page

477

Last Page

532

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