kaal:claim:2808132-028

The collective action problem of rulemaking, the problems of trial-and-error rulemaking, and the problems of regulatory cycles derive largely from the nature of stable and presumptively optimal rules themselves, not from unrelated institutional defects.

problems associated with trial-and-error rulemaking, and problems associated with regulatory cycles derive largely from the nature of stable and presumptively optimal rules.108 Rulemaking with dynamic elements increases the use of institution-specific,

Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016), IV. Dynamic Regulation as a Regulatory Supplement, p. 23
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

• regulatory regimes whose outcomes are stable rather than adaptive

mechanismsupport: arguedfailure: Stable rules as root causefamily: rule-obsolescence-and-ossificationinstitutional-designdynamic-regulation

• restates kaal:claim:2740477-027 The collective action problem of rulemaking, the problems of trial and error rulemaking, and regulatory cycles...
• extends kaal:claim:kaal-2014-dynamicregulationviagove-008 Because rulemaking is subject to regulatory cycles and to a classic collective action problem, rules are gener...
• extends kaal:claim:2267560-039 The collective action problem and the cyclical nature of rulemaking are likely to persist, which makes alterna...
• extends kaal:claim:2740477-001 Ex post trial and error rulemaking built on stable and presumptively optimal rules produces suboptimal regulat...
• extends kaal:claim:2267560-037 A classic collective action problem controls rulemaking: smaller and better organized special interest groups ...

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