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Amicus Lobbying: Friends of the Court or Friends of the Industry?

Bunting, William and Stein, Tomer, Amicus Lobbying: Friends of the Court or Friends of the Industry? (January 29, 2024). Available at SSRN: or  – “This Article reveals that lobbying has a vast and outsized impact on the development of judge-made business law. Lobby groups have taken control of the amicus curiae filing process in state courts—a tactic we call “Amicus Lobbying”—and they have done so to shape business law as per their specifications. The first to address the prevalence and impact of Amicus Lobbying in business law, this Article makes three key contributions. First, the Article provides the only dataset of amicus curiae filings in business law. This comprehensive dataset was hand-collected to include virtually all of the business law amicus curiae filings in the business law hubs of New York, California, Delaware, Texas, and Nevada from 2005 to 2022. Second, the Article uncovers a novel empirical finding: it shows that lobby groups comprise a staggering 67% of all amicus curiae filings in our dataset, and that they are, more often than not, successful in convincing the courts of their position. Finally, the Article provides a normative assessment of Amicus Lobbying in business law and proposes policy recommendations designed to level the playing field for all stakeholders.”

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