Abstract

http://ssrn.com/abstract=1542062
 
 

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


Anne M. Tucker


Georgia State University College of Law

2007

Georgia State University Law Review, Vol. 24, No. 477, 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.

Number of Pages in PDF File: 56

Keywords: Business Courts, Specialized Courts, Civil justice administration

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Date posted: January 30, 2010  

Suggested Citation

Tucker, Anne M., Making a Case for Business Courts: a Survey of and Proposed Framework to Evaluate Business Courts (2007). Georgia State University Law Review, Vol. 24, No. 477, 2007. Available at SSRN: http://ssrn.com/abstract=1542062

Contact Information

Anne M. Tucker (Contact Author)
Georgia State University College of Law ( email )
P.O. Box 4037
Atlanta, GA 30302-4037
United States
(404) 413- 9179 (Phone)
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