entity · derived
Dynamic regulation
Derived node: assembled mechanically from the claims carrying dynamic-regulation. A roster, not an adjudicated definition.
Every claim under this term
- 1998455-027 : Where jurisdictions are not compelled to agree on the same rule, some jurisdiction will try a different rule, and will do so more quickly, when changed economic circumstances make a different rule opt
- 2267560-001 : Dynamic regulation is an optimization process for the learning experience in the New Institutional Economics framework, describing intra- and inter-jurisdictional feedback effects between different pu
- 2267560-002 : Dynamic elements in the rulemaking process increase the availability of relevant information for rulemaking and thereby improve institutional design.
- 2267560-003 : Dynamic regulation as part of institutional design in the evolution of law has not been systematically analyzed, despite an existing economics literature applying dynamic regulation to telecommunicati
- 2267560-006 : Trial-and-error rulemaking is suboptimal because participating actors acquire the necessary information ex-post, only after rules have turned out to be suboptimal, rather than increasing the availabil
- 2267560-007 : The feedback effect between different public rulemakers and between private and public rulemakers reduces incomplete information, which in turn enables the rulemaker to modify the next action in the r
- 2267560-008 : Supplementing the rulemaking process with dynamic elements increases the public rulemaker's ability to adapt public rules to unknown future states, and thereby curtails public trial-and-error rulemaki
- 2267560-012 : Rules can be adaptable only if the institutions and rulemaking processes that produce them integrate dynamic elements that generate timely, relevant, and decentralized information for rulemaking.
- 2267560-013 : Dynamic regulation is a form of Popper's piecemeal social engineering rather than holistic or utopian social engineering, because it is a piecemeal optimization process for institutional design with a
- 2267560-015 : Under dynamic regulation a presumption of reform feasibility is unnecessary because the feedback effect makes ad-hoc decisions obsolete, curtailing centralized planning and minimizing unintended actio
- 2267560-021 : Opportunities for integrating dynamic elements into the rulemaking process include intra-jurisdictional feedback processes, feedback effects between private and public rulemakers, inter-jurisdictional
- 2267560-024 : Unlike ordinary private ordering, where formalization of informal rules can be a lengthy process that is never finalized, formalization of informal rules in the dynamic process happens sooner and is m
- 2267560-034 : Contractual incompleteness can be lowered through dynamic processes within the rulemaking process, because dynamic elements improve the availability, timeliness, and quality of information via the fee
- 2267560-039 : The collective action problem and the cyclical nature of rulemaking are likely to persist, which makes alternatives and supplements to existing institutional designs for rulemaking more relevant.
- 2267560-040 : Dynamic regulation should supplement existing institutional designs for rulemaking in order to counteract the negative consequences of cyclical rulemaking and improve corresponding institutional desig
- 2267560-041 : Contracting parties need to postpone the specification of obligations only if the feedback process in the dynamic framework did not generate sufficient information; where sufficient information is ava
- 2267560-042 : Assessing the sufficiency of information by rulemakers alone can lead to suboptimal results because path dependencies may lead decision-makers to believe they control sufficient information for rulema
- 2267560-043 : The availability of information generated through the dynamic feedback process cannot be optimized at any given point in time, because the feedback effect is intended to perpetually reinforce itself.
- 2267560-045 : Dynamic regulation takes issue with the broad scope of contractual incompleteness and delayed decision-making assumed by the incomplete contract model, contesting the view that such incompleteness and
- 2267560-046 : Dynamic regulation helps rulemakers anticipate how institutions will react to circumstances as they arise, because the feedback process provides decentralized, timely, and institution-specific informa
- 2267560-047 : The broad scope for contractual incompleteness and delayed decision-making stipulated by the incomplete contract model are necessary only if the feedback effect did not produce sufficient information
- 2267560-048 : The feedback process in dynamic regulation may be viewed as a focal point or principle for rulemaking, enabling rulemakers to provide for contingencies ex-ante and to adopt rules that are applicable a
- 2267560-049 : Because dynamic regulation supplies information ex-ante via a feedback process before rules are finalized, certainty for involved parties is not affected ex-post after rules become effective, so contr
- 2267560-051 : The combination of multiple feedback processes results in a sequence of mutually-reinforcing, information-enhancing events that minimizes ex-post trial-and-error experimentation with stable rules afte
- 2267560-052 : Under dynamic regulation, ex-ante experimentation before the enactment of rules becomes the focal point of rulemaking, and anticipation of and adaptability to future contingencies become part of the r
- 2273857-002 : Because economic conditions and the corresponding requirements for optimal and stable rules are constantly evolving, a rule set that is optimal at enactment ceases to be optimal over time.
- 2273857-003 : Dynamic regulation could dampen the volatility of both the cosine curve describing common elements of financial crises and the regulatory sine curve, by creating an anticipatory rather than reactive r
- 2273857-012 : Dynamic elements built into the regulatory structure would allow regulators to continually adapt to new market environments, to financial innovation, and to changes in financial markets that are thems
- 2273857-014 : The regulatory sine curve itself may be inevitable, but its costly and suboptimal regulatory effects can nonetheless be limited.
- 2273857-041 : Business and regulatory cycles will persist, but optimizing the relationship between indicators of financial crises and the regulatory sine curve, especially the timing of regulatory responses, could
- 2273857-042 : Increasing the availability of relevant information for rulemaking through a countercyclical and dynamic process is a starting point for improved rulemaking.
- 2273857-043 : Dynamic regulation is the antithesis of static, stable, and presumptively optimal regulation, and it is intended to counterbalance the effects of stable and presumptively optimal rules rather than rep
- 2273857-044 : The increasing volatility of financial markets combined with financial innovation parallels the pace of technological development in telecommunications, the industry where dynamic regulation has predo
- 2273857-045 : Although some regulators use the term dynamic regulation in the context of SEC exemptive powers, the literature on financial regulation mostly ignores dynamic elements for regulation.
- 2273857-046 : Regulatory cycles would benefit from supplementing, rather than replacing, the existing regulatory framework with dynamic elements.
- 2273857-047 : Dynamic financial regulation is the study of financial regulatory phenomena in relation to both preceding and succeeding events, by analogy to economic dynamics.
- 2273857-048 : In a dynamic framework rulemaking ceases to be a merely reactive process driven by the collective action problem, and instead increasingly uses institution specific and decentralized information that
- 2273857-049 : Rulemaking with dynamic elements increases the adaptive capabilities of financial regulation through the increasing use of institution specific information, including information on how financial inst
- 2273857-051 : Experimentation with different combinations of regulatory approaches is effective when several different approaches can be tried simultaneously in different jurisdictions.
- 2273857-052 : Dynamic elements can help anticipate and preempt financial crises by changing the timing of regulation, the availability and quality of information, and the emphasis of regulation.
- 2273857-055 : Including dynamic elements converts the sine curve of financial regulation into an anticipatory sine curve in relation to the phase-shifted first derivative, the cosine curve, that describes the commo
- 2273857-056 : Depending on their design, contingent capital securities can function as an early warning system that helps preempt financial crises.
- 2273857-058 : Managers are incentivized to manage their institutions so as to avoid contingent capital triggers, and that incentive itself can optimize the governance of financial institutions.
- 2273857-062 : The institution specific and decentralized information generated by deferred prosecution agreements allows regulators to better understand shortcomings in a particular market segment or industry, so t
- 2273857-067 : Adding dynamic elements to financial regulation would cause the sine curve of financial regulation to start its upward slope before the occurrence of financial crises, thereby dampening regulatory cyc
- kaal-2013-acomparativeperspectiveo-002 : Stable rules may not suffice to make directors' oversight role more robust, so contractual and quasi law forms of dynamic governance are a promising supplement for improving the duty of oversight.
- kaal-2013-acomparativeperspectiveo-031 : The shortcomings of stable rules, especially the perpetual need for rule enactment and revision, justify a supplemental dynamic approach to regulating the financial industry that enhances and extends
- kaal-2013-acomparativeperspectiveo-032 : Dynamic Regulation is defined as an adapting governance mechanism that is constantly evolving and adjusting to the given market environment, financial innovation, and regulatory environment.
- kaal-2013-acomparativeperspectiveo-033 : Dynamic Regulation could help avoid the regulatory sine curve and its negative and costly consequences, and could provide a self enforcement mechanism independent of the existing regulatory structure
- kaal-2013-acomparativeperspectiveo-034 : Dynamic Regulation may enable regulators to anticipate future changes and challenges and to adapt stable rules accordingly.
- 2486570-028 : Regulators can learn from the preemptive remedial measures corporate wrongdoers institute, because those measures reveal where governance concerns lie in a particular industry and where regulatory act
- 2486570-029 : Department of Justice investigations of particular corporate wrongdoers generate highly relevant, decentralized, and institution specific information that is usable for rulemaking.
- 2486570-033 : In the long run, increased regulation by prosecution may be able to offset many of the shortcomings of legislative governance reform, even though it is less predictable than legislation.
- kaal-2014-dynamicregulationviagove-001 : Dynamic regulation is a supplemental regulatory tool, not a replacement for existing rulemaking: it increases the availability of relevant, institution specific, and decentralized information for rule
- kaal-2014-dynamicregulationviagove-002 : Anticipatory dynamic elements in regulation reduce the need for costly and suboptimal ex post trial and error experimentation with stable and presumptively optimal rules.
- kaal-2014-dynamicregulationviagove-003 : Rulemaking in a dynamic framework postpones the enactment of rules until rulemakers hold sufficient relevant and institution specific information, instead of proceeding by trial and error under incomp
- kaal-2014-dynamicregulationviagove-018 : Costly regulatory cycles become less likely if the regulatory framework integrates dynamically adapting elements, because rule revisions, revocations, and reenactments become less necessary.
- kaal-2014-dynamicregulationviagove-019 : Trial and error rulemaking could become obsolete if dynamic elements in rulemaking processes systematically anticipated future contingencies and the corresponding regulatory needs.
- kaal-2014-dynamicregulationviagove-020 : Contrary to the dominant view of corporate governance as a forward looking endeavor, dynamic governance structures are properly categorized as backward looking ex ante forms of corporate governance.
- kaal-2014-dynamicregulationviagove-040 : Dynamic governance structures involving governmental contracts are backward looking because the multilevel feedback effects they generate require an exchange of information about past events in order
- 2740477-001 : Ex post trial and error rulemaking built on stable and presumptively optimal rules produces suboptimal regulatory outcomes that are no longer sustainable once disruptive innovation grows exponentially
- 2740477-003 : Exponential disruptive innovation has the potential to overwhelm the existing regulatory process outright, not merely to strain it.
- 2740477-004 : Dynamic regulation is defined as the study of regulatory phenomena in relation to both preceding and succeeding events, using institution specific and decentralized information to generate feedback ef
- 2740477-005 : Venture capital can function as a dynamic regulatory supplement for disruptive innovation because venture capitalists' financial allocations to innovative projects generate feedback that regulators ca
- 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 m
- 2740477-017 : The existing regulatory infrastructure, including Congress, agencies, self regulatory bodies, and the regulation literature itself, relies almost exclusively on stable and presumptively optimal rules.
- 2740477-028 : Adaptive rulemaking reduces the collective action problem because with fewer stable rules, latent majority groups and dominant minority groups have fewer opportunities to influence a continuously and
- 2740477-029 : Dynamic regulatory tools let rulemakers adapt to regulatory contingencies as they arise, because feedback effects deliver relevant, timely, decentralized, and institution specific information ex ante.
- 2740477-033 : Dynamic regulatory supplements do not violate the procedural protections mandated by the Administrative Procedure Act, because the full lawmaking process still applies and dynamic regulation only supp
- 2740477-034 : The data analysis shows that venture capitalists' finance allocation, and the implicit assessment of innovative products and businesses it embodies, generates highly relevant institution specific and
- 2740477-037 : By identifying possible contingencies and necessary rule revisions from venture capital investment data ex ante, before disruptive innovation creates problems, regulators could anticipate regulatory n
- 2740477-039 : Venture capital has outrun regulation and regulation is now too slow to react, and that lag itself damages the process.
- 2808132-001 : Regulation is usually reactive because it responds to facts, but the current environment is one of data rather than settled facts; regulation must therefore become proactive and dynamically responsive
- 2808132-005 : Dynamic regulation is defined as conceptualizing regulatory phenomena in relation to both preceding and succeeding events, using institution-specific and decentralized information to generate feedback
- 2808132-006 : Data derived from venture capital investments can function as a dynamic regulatory supplement for disruptive innovation, because venture capital's financial allocations to innovative projects supply f
- 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
- 2808132-029 : Adaptive rulemaking helps overcome the collective action problem of rulemaking because when there are fewer stable rules, latent majority groups and dominant minority groups have fewer opportunities t
- 2808132-030 : Regulatory cycles and trial-and-error rulemaking become less prevalent under adaptive rulemaking because adaptive capabilities supplement stable rules, making rule revisions less frequent.
- 2808132-031 : Unrestricted exchange of information between public and private rulemakers creates regulatory synergies that increase the availability of relevant, decentralized, and timely information for rulemaking
- 2808132-032 : Through feedback effects, rulemakers in a dynamic regulatory framework can adopt rules that are adaptable to future states of the world rather than fixed to current conditions.
- 2808132-033 : Dynamic regulatory tools lower unforeseen contingencies in rulemaking because the feedback effect supplies relevant, timely, decentralized, and institution-specific information ex ante, allowing rulem
- 2808132-035 : By identifying possible contingencies and necessary rule revisions with optimized ex ante information, dynamic regulatory supplements make adaptive rulemaking rather than stable rulemaking the focal p
- 2808132-036 : Dynamic regulatory supplements would not violate the procedural mandates of the Administrative Procedure Act, because the full lawmaking process still applies; dynamic regulation supplements rather th
- 2808132-042 : Venture capitalists' finance allocation and their implicit assessment of innovative products, businesses, and initiatives generate highly relevant institution-specific and industry-specific decentrali
- 2808132-044 : Feedback effects from venture capitalists' finance allocations toward innovative products give rulemakers timely, decentralized, industry-specific and entity-specific information that allows them to a
- 2831040-012 : The existing regulatory framework is sub optimally equipped to remedy both existing and future regulatory challenges associated with exponential innovation, which is the first premise for integrating
- 2831040-014 : Dynamic elements in the regulation of innovation are a supplement to the existing regulatory framework rather than a replacement for it, and their intent is to optimize that framework.
- 2831040-015 : The three core law and technology proposals for the pacing problem, regulation via the judiciary, early stage regulation of innovation, and principles based regulation, all have practical limitations
- 2831040-019 : Dynamic regulatory mechanisms are already replacing litigation and will continue to replace it.
- 2831040-020 : Deferred prosecution agreements produce relevant, real time, decentralized, high quality information for regulation in most industries and are used as a preferred alternative to litigation by both pro
- 2831040-021 : Deferred prosecution agreements produce superior feedback effects for regulation because the prosecutor's investigation and the negotiation and execution of the agreement signal regulatory needs in re
- 2831040-025 : Early regulatory intervention becomes unnecessary in a dynamic regulatory framework, because the regulatory challenges associated with innovation would become transparent in real time through improved
- 2831040-026 : In the dynamic regulatory framework, feedback effects and real time information permit regulatory intervention if and only when it is needed, which avoids stunting innovation through negative early si
- 2831040-028 : Because dynamic regulation operates as a supplement inside the existing rulemaking framework, it does not require the costly implementation that a shift to principles based regulation would require.
- 2831040-034 : Dynamic regulatory tools lower unforeseen contingencies in innovation related rulemaking because their feedback effects supply relevant, timely, decentralized, and institution specific information ex
- 2831040-038 : Dynamic regulation optimizes anticipatory governance for innovation by emphasizing adaptation to and anticipation of the unforeseen contingencies associated with innovation.
- 2831040-039 : Rulemaking in the dynamic framework is an integral part of innovation that both supports innovation and curtails it, for innovation's own sake and for the maximization of societal welfare.
- 2831040-040 : Regulation of innovation in a dynamic framework is triggered only as a supplement to the existing rulemaking framework, and only if and when feedback effects anticipate otherwise unforeseen contingenc
- 2834531-010 : The current regulatory framework contains no mechanism that informs rulemakers of beneficial innovative ideas succinctly and in advance, so regulators learn about innovation only after the fact.
- 2834531-031 : Lawmaking and regulatory design need to become more proactive, dynamic, and responsive.
- 2834531-032 : Data on investment in new technology can be used as an index or proxy for the necessity of regulation, supplying the signal that fact based regulation cannot generate in time.
- 2834531-038 : Regulators must abandon their fixation on finality and legal certainty and instead treat regulatory decisions as contingent and open ended stages in a longer process.
- 2834531-045 : The flexible, data based, sandbox style regulatory approach already adopted in the financial industry is expected to expand into other areas of innovation and technology.
- 2957645-001 : Contingent capital securities are a largely overlooked dynamic regulatory mechanism, and their regulatory value lies in their capacity to generate feedback effects, optimized timing, and improved info
- 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
- 2957645-004 : The existing regulatory infrastructure, resting on stable and presumptively optimal rules, is largely incapable of addressing the unknown future contingencies associated with disruptive innovation.
- 2957645-006 : The issuance of contingent capital securities is a promising dynamic regulatory mechanism that can help address the suboptimal regulatory outcomes associated with disruptive innovation.
- 2957645-008 : Supplementing the existing regulatory infrastructure with dynamic elements can reduce suboptimal regulatory outcomes, because dynamic regulation as a supplement addresses the shortcomings of the exist
- 2957645-009 : Increased availability of relevant, decentralized, and timely information for rulemaking is what makes anticipatory action possible, because such information facilitates rulemakers' predictions and an
- 2957645-010 : Feedback effects, defined as informational exchange processes between public and private rulemakers, between outcomes and institutions, between rules and rulemaking processes, and across jurisdictions
- 2957645-011 : Feedback effects change the timing of regulatory information: instead of acquiring necessary information only after rules have already proven suboptimal, they increase the availability of relevant inf
- 2957645-012 : Anticipatory regulation, which uses institution-specific and timely information together with feedback effects to create new rules, can minimize costly and suboptimal ex-post trial-and-error experimen
- 2957645-013 : Deferred prosecution agreements and venture capital investment decisions function as dynamic regulatory tools because they increase the availability of relevant, decentralized, and timely information
- 2957645-025 : Contingent capital qualifies as a dynamic regulatory mechanism because capital injection is available only if and when needed and because the conversion of contingent capital securities into near wort
- 2957645-026 : Contingent capital securities optimize information for rulemaking because, when issued and triggered, they produce highly valuable, real time, decentralized information on the financial wellbeing of a
- 2998097-019 : Rules become adaptable when institutions and rulemaking processes integrate feedback effects, including feedback between industry and regulators, that generate timely, relevant, and decentralized info
- 3441904-007 : Traditional limited liability entities can only partially benefit from blockchain based governance, because the dynamic regulatory features it offers are partially incompatible with the rule based leg
- 3441904-029 : Facts based, ex post, trial and error rulemaking with stable and presumptively optimal rules is incompatible with the needs of decentralized systems, because knowledge filters in at the edges of such
- 3441904-034 : Feedback effects in decentralized systems raise the availability of relevant information for governance rules ex ante and allow necessary revisions to be anticipated before rules emerge as suboptimal,
- 4796714-001 : Traditional AI governance frameworks fail because they rely on static, predefined rules that cannot adapt quickly enough to the pace of AI development or to the nuanced challenges AI presents.
- 4941807-002 : Governing AI requires toolsets that simultaneously handle ex-ante governance of models still evolving and ex-post management of deployed solutions, and Kaal asserts that as of publication no legacy sy
- 4941807-004 : Technology has historically outpaced regulation, and the exponential trends in AI development will continue to widen the mismatch between regulation and AI development.
- 4957318-034 : Because weights adjust continuously with use, the WDAG system eliminates the need for periodic external review altogether; the system evolves toward the most relevant and effective legal norms without
- 4957318-040 : A shift toward WDAG based dynamic solutions is not merely attractive but necessary for a legal system that is both efficient and equitable in addressing the complexities of contemporary governance.
- 5245185-040 : The feedback loop mechanism that makes the proposed DAO centric web3 governance system adaptive to AI agent evolution and ubiquity is the same mechanism the author has advocated for almost a decade.
- 5886442-028 : The author concedes that the institutions he previously advocated, including dynamic regulation, contingent capital, agile sandboxes and Web3 reputation systems, become at best transitional bridges fo
- 5886442-030 : Dynamic regulation is defined as an optimization process for the learning experience in the New Institutional Economics framework, operating through intra jurisdictional and inter jurisdictional feedb
- 5886442-031 : The AI-to-AI economy amplifies and potentially fulfills dynamic regulation by embedding its principles endogenously within system architecture, which renders many NIE inspired restraints against human
- 6192998-003 : The tension between the need for regulation and the desire for decentralization produces what the author terms the pacing problem: regulatory frameworks cannot keep pace with technological innovation,
- 6244278-023 : High-reputation agents that govern protocol evolution act as stewards not because they were programmed to be, but because the institutional architecture makes stewardship the rational strategy for age
- 6269518-005 : No static citation protocol can eliminate all arbitrage opportunities for sufficiently patient and powerful actors, a conclusion the author draws from Arrow's Impossibility Theorem, the Folk Theorems
- 6269518-017 : Any solution to the citation honesty problem must incorporate dynamic enforcement mechanisms that can evolve in response to gaming strategies, which is the type of evolutionary governance the WDAG fra
- 6269518-030 : Citation accuracy standards should be treated as an evolving body of soft protocols rather than a fixed set of rules, consistent with the dynamic regulation framework.
- 6607458-031 : Static regulatory frameworks calibrated to legislative timescales cannot govern technologies evolving on exponential timescales, so dynamic regulation that self-adjusts through built-in feedback mecha
- 6607458-032 : The delegated-acts and code-of-practice mechanisms in recent artificial-intelligence statutes are only partial steps toward dynamic regulation because they remain tethered to legislative revision cycl