kaal:claim:2740477-016

Ex post trial and error rulemaking requires as a precondition that information about optimized rule requirements becomes available, and in an age of exponential innovation that information may never materialize or may arrive too late for the method to work.

A prerequisite for ex-post trial-and- error rulemaking is thus the availability of the information on optimized rule requirements. In an age of exponential innovation, that information may not materialize at all or may not materialize in time for the trial-and-error rulemaking to be effective.

Wulf A. Kaal, Erik P.M. Vermeulen, Venture Capital as Dynamic Regulation of Disruptive Innovation (2016), IV.1. Ex Post Trial-and-Error Rulemaking, p. 19
https://ssrn.com/abstract=2740477 · source PDF

Wulf A. Kaal, Erik P.M. Vermeulen, Venture Capital as Dynamic Regulation of Disruptive Innovation (2016). SSRN: https://ssrn.com/abstract=2740477

• exponential rates of innovation

conditionsupport: arguedfailure: Missing precondition for trial and error rulemakingfamily: regulatory-lagdynamic-regulationregulatory-failure

• restated_by kaal:claim:2808132-002 Ex post facts-based, trial-and-error rulemaking combined with stable and presumptively optimal rules often pro...
• restated_by kaal:claim:2831040-007 Facts based, ex post, trial and error rulemaking cannot anticipate the regulatory issues created by innovation...
• extends kaal:claim:2267560-006 Trial-and-error rulemaking is suboptimal because participating actors acquire the necessary information ex-pos...

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