Economic Issues: Private Litigation

in Specializing the Courts

Published by University of Chicago Press

Published in print February 2011 | ISBN: 9780226039541
Published online March 2013 | e-ISBN: 9780226039565 | DOI:
Economic Issues: Private Litigation

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This chapter describes a different category of courts that deals with economic issues that primarily occur between private parties. This disparate set of courts includes the Federal Circuit in its patent jurisdiction, the Delaware courts in the field of corporate governance, federal bankruptcy courts, and state business courts. Specialized courts play major roles in three fields of private economic litigation: Patents, corporate governance, and bankruptcy. The Federal Circuit has a high level of case concentration in patent law and a moderate level of judge concentration. Delaware's standing as the leading home for large corporations gives automatic importance to its courts as interpreters of corporation law. The role of Delaware's courts in corporation law should be put in the context of state policy as a whole. These courts underline the potential for specialization to shape the content of judicial policy.

Keywords: private economic litigation; Federal Circuit; Delaware courts; federal bankruptcy courts; corporate governance; state business courts; specialized courts; patent law; judicial policy

Chapter.  13581 words. 

Subjects: US Politics

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