Why I Want a Business Court in my Jurisdiction

​By: Alexander Blank, 2L, Journal Staff Member
 
It is surprising that so many states are without Business Courts while such courts provide a variety of benefits. Joshua Halen’s article “Transforming Nevada into the Judicial Delaware of the West” sheds light on these benefits and why Nevada is pushing to develop their business court. Success in Nevada would likely lead to more state’s adoption of a Business Court, and as a Michigan resident, I would like to see Michigan begin to develop their own Business Court.
 
Quite a few states already have a Business Court, which Nevada is modelling after, such as Delaware, New York, and North Carolina.[1] One of the main identified purposes of the Business Court is to serve the administration of civil justice[2], which includes “access to judicial resources, timely action, ruling and operating with equality and integrity, maintaining judicial independence, and instilling public trust and confidence in the judicial branch.”[3] Any state could benefit from a court that effectively satisfies those purposes, so why not Michigan?
 
Creating a Business Court in Michigan would provide the same benefits to it as other state’s received. Part of the reasoning behind the creation of the Business Court in Nevada was to bring in more business, and more importantly retain business, because of the benefits and purposes of a Business Court.[4] The same results would be expected for generally any state created a Business Court. With so many benefits behind the development of Business Courts, it is surprising so few states have considered or taken steps to develop their own Business Court. Corporations need timely action and consistency in order to function at the highest level. It only makes sense to meet these needs by providing a means for corporations to handle disputes as effectively as they desire. Appealing to corporations and other big business can only lead them to establish in Michigan, which helps everything from new Michigan jobs to greater influence nationally. It seems it would be wise for Michigan to follow suit and develop a Business Court. There is no need to have a handful of states dominate the business market. The purposes and benefits of a Business Court will become apparent to other states, and Michigan will not want to be left behind.
 

[1] Why Nevada? Business Courts, Sliver Flume A Service by the Nev. Secretary of State, https://www.nvsilverflume.gov/whyNevada.

[2] Anne Tucker Nees, Making a Case for Business Courts: A survey of and Proposed Framework to Evaluate Business Courts, 24 Ga. St. U. L. Rev. 477, 482 (2007).
 
[3] Id. at 482-83.

[4] Implementation of Courts of Chancery: Hearing on Assemb. Con. Res. 35 Before Nev. Leg. Legis. Comm’n’s Subcomm. to Study the Benefits, Costs, and Feasibility of the Implementation of  Courts of Chancery, 74th Interim Sess., 3d meeting, 10 (Nev. 2008) (statement of J. Elizabeth Gonzalez, Eighth Jud. Dist. Ct. of Nev.), available at http://www.leg.state.nv.us/Session/74th2007/Interim_Agendas_Minutes_Exhi...