kaal:claim:2808132-002

Ex post facts-based, trial-and-error rulemaking combined with stable and presumptively optimal rules often produces suboptimal regulatory outcomes, and those outcomes are no longer sustainable in an environment of exponential disruptive innovation.

of these. The ex-post facts-based and trial-and-error-rulemaking with stable and presumptively optimal rules7 in the existing regulatory framework8 often produces suboptimal regulatory outcomes that are no longer sustainable in an environment of

Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016), I. Introduction, p. 5
https://ssrn.com/abstract=2808132 · source PDF

Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016). SSRN: https://ssrn.com/abstract=2808132

• existing regulatory framework relying on stable and presumptively optimal rules
• environment of exponential disruptive innovation

failuresupport: arguedfailure: Ex post trial-and-error rulemaking breakdownfamily: regulatory-lagdynamic-regulationregulatory-failureinnovation

• restates kaal:claim:2740477-001 Ex post trial and error rulemaking built on stable and presumptively optimal rules produces suboptimal regulat...
• restated_by kaal:claim:2957645-002 Facts-based, ex-post, trial-and-error rulemaking cannot anticipate the regulatory issues created by innovation...
• restates kaal:claim:2740477-016 Ex post trial and error rulemaking requires as a precondition that information about optimized rule requiremen...
• generalizes kaal:claim:3441904-029 Facts based, ex post, trial and error rulemaking with stable and presumptively optimal rules is incompatible w...
• supports kaal:claim:kaal-2014-dynamicregulationviagove-002 Anticipatory dynamic elements in regulation reduce the need for costly and suboptimal ex post trial and error ...
• restated_by kaal:claim:2831040-008 Rulemakers rely almost exclusively on stable and presumptively optimal rules meant to be permanent solutions, ...
• extended_by kaal:claim:2831040-007 Facts based, ex post, trial and error rulemaking cannot anticipate the regulatory issues created by innovation...
• restates kaal:claim:2740477-002 Under exponential disruptive innovation the information rulemakers need arrives too late for trial and error r...

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