kaal:claim:2957645-002

Facts-based, ex-post, trial-and-error rulemaking cannot anticipate the regulatory issues created by innovation, so rulemakers may not realize, or may realize far too late, what new regulatory demands a given innovation generates.

First, because facts-based, ex-post, trial-and-error rulemaking cannot anticipate regulatory issues created by innovation, rulemakers may not realize—or may realize much too late—what new regulatory demands apply to a given innovation and its associated regulatory issue.

Kaal, Dynamic Regulation via Contingent Capital (2017), I. Introduction, p. 5
https://ssrn.com/abstract=2957645 · source PDF

Kaal, Dynamic Regulation via Contingent Capital (2017). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2957645

• regulation of innovative products and markets
• existing regulatory framework built on stable rules

failuresupport: arguedfailure: Ex-post trial-and-error rulemaking cannot anticipate innovationfamily: regulatory-lagdynamic-regulationinnovation

• restates kaal:claim:2808132-017 Because facts-based rulemaking does not anticipate the regulatory issues created by innovation, rulemakers may...
• restates kaal:claim:2831040-007 Facts based, ex post, trial and error rulemaking cannot anticipate the regulatory issues created by innovation...
• extends kaal:claim:2740477-001 Ex post trial and error rulemaking built on stable and presumptively optimal rules produces suboptimal regulat...
• restates 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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