Lobbying by Brief: Unveiling the Dominance of Amicus Lobbying in the Development of Business Law

55 Pages Posted: 12 Feb 2024 Last revised: 6 Dec 2024

See all articles by W.C. Bunting

W.C. Bunting

Stetson University College of Law

Tomer Stein

University of Tennessee College of Law

Date Written: January 29, 2024

Abstract

This Article uncovers the pervasive and significant impact of business law Amicus Lobbying, a strategic tactic whereby lobby groups have commandeered the amicus curiae filing process in state courts to shape business law according to their interests.

The Article makes three primary contributions to the literature. First, it presents the only comprehensive dataset of amicus curiae filings in business law cases. This hand-collected dataset encompasses nearly all business law amicus curiae filings from 2005 to 2022 in the key jurisdictions of New York, California, Delaware, Texas, and Nevada. Second, it reveals a striking empirical finding: lobby groups account for 67% of all amicus curiae filings in the dataset, with a high rate of success in persuading courts to adopt their positions. Finally, the Article provides a normative assessment of Amicus Lobbying in business law and proposes policy recommendations designed to ensure a more balanced representation of stakeholder interests.

By shedding light on this understudied phenomenon, this Article aims to stimulate critical discourse on the intersection of lobbying, judicial decision-making, and business law formation. It offers valuable insights for scholars, practitioners, and policymakers engaged in the ongoing debate over the appropriate role and influence of interest groups in shaping legal doctrine.

Keywords: Amicus Curiae, Lobbying, Litigation, Business Law

JEL Classification: K40, K41

Suggested Citation

Bunting, William and Stein, Tomer, Lobbying by Brief: Unveiling the Dominance of Amicus Lobbying in the Development of Business Law (January 29, 2024). University of Tennessee Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=4708986 or http://dx.doi.org/10.2139/ssrn.4708986

William Bunting (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

HOME PAGE: http://www.stetson.edu/law/faculty/home/will-bunting.php

Tomer Stein

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

HOME PAGE: http://https://law.utk.edu/directory/tomer-s-stein/

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