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Litigation versus Legislation: Forum Shopping by Rent Seekers

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Author Info
 Rubin, Paul H
Curran, Christopher
Curran, John F

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Abstract

To change the law, an interest group must choose between lobbying the legislature and litigating for new precedent. Lobbying becomes more likely as the relative benefits from rule change become greater, as the costs of lobbying become smaller and as the voting strength of the interest groups becomes larger. Litigating becomes more likely as trial costs fall, as the relative benefits from rule change become greater, as the inclination of courts to change existing precedents increases, and as the interest group is involved 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 process. The nature of equilibrium, if any, is not clear. Copyright 2001 by Kluwer Academic Publishers

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Publisher Info
Article provided by Springer in its journal Public Choice.

Volume (Year): 107 (2001)
Issue (Month): 3-4 (June)
Pages: 295-310
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Handle: RePEc:kap:pubcho:v:107:y:2001:i:3-4:p:295-310

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  1. Richard Cornes & Roger Hartley, 2002. "Asymmetric Contests with General Technologies," Keele Economics Research Papers KERP 2002/22, Centre for Economic Research, Keele University. [Downloadable!]
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  2. Martina Eckardt, 2004. "Evolutionary Approaches to Legal Change," Thuenen-Series of Applied Economic Theory 47, University of Rostock, Institute of Economics, Germany. [Downloadable!]
  3. George Tridimas, 2004. "A Political Economy Perspective of Judicial Review in the European Union: Judicial Appointments Rule, Accessibility and Jurisdiction of the European Court of Justice," European Journal of Law and Economics, Springer, vol. 18(1), pages 99-116, July. [Downloadable!] (restricted)
  4. William Blomquist & Elinor Ostrom, 2008. "Deliberation, learning, and institutional change: the evolution of institutions in judicial settings," Constitutional Political Economy, Springer, vol. 19(3), pages 180-202, September. [Downloadable!] (restricted)
  5. Guiseppe Dari-Mattiacci & Bruno Deffains, 2006. "Uncertainty of Law and the Legal Process," Tinbergen Institute Discussion Papers 06-071/1, Tinbergen Institute. [Downloadable!]
  6. Giuseppe Dari-Mattiacci & Bruno Deffains, 2006. "Uncertainty of Law and the Legal Process," Working Papers of BETA 2006-11, Bureau d'Economie Théorique et Appliquée, ULP, Strasbourg. [Downloadable!]
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  7. De Figueiredo, John M. & De Figueiredo, Rui J. P. Jr., 2002. "The Allocation of Resources by Interest Groups: Lobbying, Litigation and Administrative Regulation," Working papers 4247-02, Massachusetts Institute of Technology (MIT), Sloan School of Management. [Downloadable!]
  8. John M. de Figueiredo & Rui J. P. de Figueiredo Jr, 2002. "The Allocation of Resources by Interest Groups: Lobbying, Litigation and Administrative Regulation," Business and Politics, Berkeley Electronic Press, vol. 4(2), pages 161-181. [Downloadable!] (restricted)
  9. Paul Rubin, 2005. "Public choice and tort reform," Public Choice, Springer, vol. 124(1), pages 223-236, July. [Downloadable!] (restricted)
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