This paper investigates the determinants of legal change in a public c
hoice framework. An empirical model explaining the timing and probabil
ity of decisions to adopt state-operated lotteries is developed. Emplo
ying a Tobit estimator and explicitly considering the effects of state
-specific constitutional and political structures, spending and tax po
licies, and federal revenue importation, evidence is presented showing
that legal change is much like economic change: Lotteries are more li
kely to be adopted and to be adopted earlier where the costs are lowes
t relative to expected benefits. State legislatures appear to be the m
ain beneficiaries of this public choice process.