Boom or Bust: Ensuring the Georgia State-wide Business Court Fulfills Its Constitutional Promise

The United States judiciary includes specialized court systems within its baseline civil and criminal justice structure that provide more efficient and expert adjudication in a wide variety of areas. Since the creation of the Delaware Court of Chancery in 1792, many states have established specialized business courts with jurisdiction over commercial and corporate disputes. Today, many states have business court models, all choosing to employ some version of a specialized forum for corporate and commercial issues for the sake of judicial efficiency. The Georgia State-wide Business Court was established in 2019 with limited jurisdiction over narrow categories of commercial disputes. This Note explores the issues that business courts are intended to resolve and ultimately argues that the Georgia General Assembly should amend the Georgia State-wide Business Court’s enabling statute to allow courts to decide sua sponte whether a case should be assigned to the business court, as opposed to a general state or superior court