January 12, 2006
Corporate Law Courts
Posted by Christine Hurt

Courtesy of the WSJ Blog:  Fulton County (Atlanta) has created a new court designed to hear corporate law disputes.  I had not heard this news, but upon hearing it, my first reaction was "why doesn't this happen everywhere?"  In BA, we always talk about the popularity of Delaware as a state of incorporation because of various factors, including the fact that the judges in Delaware are experts in corporate law.  In the Fulton County system, both parties have to agree to move the case into the courts, and apparently some litigants don't want a speedier or more expert system; they are satisfied using the slowness and the ambiguity of state trial courts to their settlement advantage.  That's a shame.  The article does not say whether the corporate law court utilizes juries or if all voluntary trials are bench trials.

Surely subject-matter courts are a more efficient way to resolve disputes than litigation in all-purpose civil courts.  We already have experience with family courts, juvenile courts, tax courts, and others, so I would think the evidence would be there.  In Texas, the highest court in the land is split into a criminal court and a civil court.  Again, I only wonder why there aren't more experiments with subject-matter courts.

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