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

56 Pages Posted: 30 Jan 2010

See all articles by Anne M. Tucker

Anne M. Tucker

Georgia State University College of Law

Date Written: 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.

Keywords: Business Courts, Specialized Courts, Civil justice administration

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: https://ssrn.com/abstract=1542062

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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