Read on Twitter
In light of the coming tide of contract-related Covid-19 litigation, I thought I'd summarize the predictions of political science'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'm not saying we didn't have a plausible post-hoc theory...but
?
I'm not saying we didn'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.
