kaal:claim:2831040-007

Facts based, ex post, trial and error rulemaking cannot anticipate the regulatory issues created by innovation, so rulemakers may never recognize, or may recognize only much too late, which new regulatory demands apply to a given innovation.

Because facts-based, ex-post, trial-and-error-rulemaking cannot anticipate regulatory issues created by innovation, rulemakers may not at all–or

Wulf A. Kaal, Dynamic Regulation for Innovation (2016), II. Law's Diminishing Capacity to React to Innovation, p. 9
https://ssrn.com/abstract=2831040 · source PDF

Wulf A. Kaal, Dynamic Regulation for Innovation (2016). SSRN: https://ssrn.com/abstract=2831040

• ex post trial and error rulemaking in the existing regulatory framework

failuresupport: arguedfailure: ex post rulemaking blindnessfamily: regulatory-lagdynamic-regulation

• 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:2808132-017 Because facts-based rulemaking does not anticipate the regulatory issues created by innovation, rulemakers may...
• generalizes kaal:claim:3441904-029 Facts based, ex post, trial and error rulemaking with stable and presumptively optimal rules is incompatible w...
• restates kaal:claim:2740477-016 Ex post trial and error rulemaking requires as a precondition that information about optimized rule requiremen...
• extends kaal:claim:2808132-002 Ex post facts-based, trial-and-error rulemaking combined with stable and presumptively optimal rules often pro...

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