Litigation versus legislation: Forum shopping by rent seekers

To change the law, an interest group must choose between lobbying the legis lature and litigating for new precedent. Lobbying becomes more likely as th e relative benefits from rule change become greater, as the costs of lobbyi ng become smaller and as the voting strength of the interest groups becomes larger. Litigating becomes more likely as trial costs fall, as the relativ e benefits from rule change become greater, as the inclination of courts to change existing precedents increases, and as the interest group is involve d in more trials. Examples of using a litigating strategy include the NAACP is its battle for racial integration and attorneys seeking change in tort law. Business, in resisting changes to tort law, has used the judicial proc ess. The nature of equilibrium, if any, is not clear.