# Enforcement gap

`kaal:entity:enforcement-gap`

**Status.** derived

This node is assembled mechanically from the 3 claims that carry the concept tag `enforcement-gap`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

3 claims across 3 works, 2013 to 2021.

**2013**

- [2317580-002](https://wulfkaal.github.io/claims/2317580-002) [failure/evidenced] *(failure mode)* -- The liability standard for breach of fiduciary duty is set so high that courts rarely find directors in violation, because only a board's sustained or systematic failure to exercise oversight can produce liability.
  > The standard for liability is so high that it is hard for courts to find directors in violation of their fiduciary duties.2 Only a board's sustained or systematic failure to exercise oversight can result in liability.
  Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580

**2016**

- [2715083-012](https://wulfkaal.github.io/claims/2715083-012) [failure/argued] *(failure mode)* -- Hedge fund investors have almost no statutory remedy: the regime establishing a hedge fund investor's rights is severely limited, nearly to the point of nonexistence, in the United States and in the offshore jurisdictions where many hedge funds are chartered.
  > because the statutory regime establishing a hedge fund investor's right is severely limited,23 almost to the point of non-existence
  Kaal, Confluence of Mutual and Private Funds (2016). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2715083

**2021**

- [3799320-011](https://wulfkaal.github.io/claims/3799320-011) [failure/argued] *(failure mode)* -- Cybernetic systems change constantly and are less amenable to jurisdictional reach, which makes it nearly impossible to apply a common legal anchor and traditional jurisdictional principles to them.
  > Cybernetic systems are constantly changing and less amenable to jurisdictional reach, making it near impossible to apply a common legal anchor and traditional jurisdictional principles to cybernetic systems.
  Wulf A. Kaal, A Decentralized Autonomous Organization (DAO) of DAOs (2021). SSRN: https://ssrn.com/abstract=3799320

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/enforcement-gap.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.