Document Type

Article

Publication Title

Brooklyn Law Review

Abstract

This Article addresses substance-specific strategies by examining the trend toward adjudicating business disputes in a specialized tribunal. Part I briefly describes the Delaware Chancery Court and the court proposed in pending Pennsylvania legislation. Delaware's preeminence in corporate matters makes its court the standard by which to judge all other such courts and Pennsylvania is well enough along in the process of creating a new court to provide a concrete context within which to consider the issues that specialization raises for business law. Part II builds on the scholarly research in the area of specialized adjudication, as well as my own work on specialized courts established under Article III of the Constitution, to create a framework for analyzing the current trend. Part II then applies this framework to demonstrate why Delaware's special forum works so well. Part III proceeds to the actual analysis of the future for these forums, considering whether Delaware's success is transferrable-first, to other states, and second, to fields other than corporate governance. Part IV looks at the somewhat different question of the effect that interstate competition in specialized commercial adjudication will have on the substance of business law and on the ability of other states to mirror Delaware's success.

First Page

1

Volume

61

Publication Date

1995

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