CVSG solves uncertainty in IP law.
Black and Owens 10 [Ryan C.; Professor of Political Science at Michigan State University and a faculty affiliate with the MSU College of Law with research focusing on U.S. Supreme Court decision making; and Ryan J.; Professor of Political Science and Affiliate Faculty in University of Wisconsin Law School and Honorary Fellow in the Institute for Legal Studies; 3/11/2010; "Congressional Constraints and Tactical Supreme Court Maneuvers: Calling for the Views of the United States Solicitor General"; University of Wisconsin Madison Department of Political Science, Michigan State University Department of Political Science, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1568387 ;] s.low
We control for three additional SOP considerations. First, justices may be more likely to CVSG in cases that are highly salient, as such cases are likely to attract more political attention. That is, Congress may be more primed to override such cases. Similarly, we control for presidential approval, as popular presidents may be more able to battle Congress. Finally, we control for presidential tenure, as justices may be in more need of information when dealing with new and unknown presidents.
Of course, while we have theoretical reason to believe justices CVSG as a tool to pursue their policy preferences in a broader political environment, legal factors are also likely to influence the decision to CVSG. We begin by examining legal uncertainty. We posit that the SG’s information may be more useful to a justice when she is less certain about whether the likely merits outcome will be better for her than the status quo. That is, if a justice is perfectly indifferent about the policy outcome, any legal justification for granting or denying review may be dispositive. Justices also may CVSG to overcome uncertainty caused by their inexperience on the Court. Some scholars have argued that new justices require time to perfect their strategic calculations (Hagle 1993). During this learning period, justices may be more likely to CVSG to help them make better calculations. Finally, uncertainty can arise from the complexity of the case. Thompson and Watchell (2009), for example, find that the Court CVSGs in cases dealing with complex issues such as intellectual property. Accordingly, we control for all three versions of legal uncertainty.