In light of the coming tide of contract-related Covid-19 litigation, I thought I& #39;d summarize the predictions of political science& #39;s attitudinal model of judge behavior to predict the role of ideology in contract disputes.
Commercial litigation generally is terribly predicted by ideology. Some years ago, @TheCLBoyd and I found that more conservative judges were *more likely to pierce the veil* of small businesses.
I& #39;m not saying we didn& #39;t have a plausible post-hoc theory...but
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I& #39;m not saying we didn& #39;t have a plausible post-hoc theory...but
I have priors about how ideology should interact with insurance disputes, pre-paid deposit refund class actions, etc. But the empirical bases of those priors is extremely weak in the existing literature.
Saying that conservatives are "pro-business" is just the wrong level of generality to be useful in the highly consequential B2B disputes that are likely to swamp courts.