# Ex post rulemaking

`kaal:entity:ex-post-rulemaking`

**Status.** derived

This node is assembled mechanically from the 4 claims that carry the concept tag `ex-post-rulemaking`. 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

4 claims across 1 works, 2016 to 2016.

**2016**

- [2808132-002](https://wulfkaal.github.io/claims/2808132-002) [failure/argued] *(failure mode)* -- Ex post facts-based, trial-and-error rulemaking combined with stable and presumptively optimal rules often produces suboptimal regulatory outcomes, and those outcomes are no longer sustainable in an environment of exponential disruptive innovation.
  > of these. The ex-post facts-based and trial-and-error-rulemaking with stable and presumptively optimal rules7 in the existing regulatory framework8 often produces suboptimal regulatory outcomes that are no longer sustainable in an environment of
  Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016). SSRN: https://ssrn.com/abstract=2808132
- [2808132-016](https://wulfkaal.github.io/claims/2808132-016) [condition/argued] -- The ex post facts-based approach to rulemaking worked historically because the optimal requirements for rules only become clear once stable and presumptively optimal rules have already emerged as suboptimal; the availability of that information is therefore a prerequisite for rulemaking.
  > change. The ex-post facts-based approach to rulemaking has functioned in the existing regulatory framework because optimal requirements for rules do become clear when stable and presumptively optimal rules emerge as suboptimal. A prerequisite for
  Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016). SSRN: https://ssrn.com/abstract=2808132
- [2808132-017](https://wulfkaal.github.io/claims/2808132-017) [failure/argued] *(failure mode)* -- Because facts-based rulemaking does not anticipate the regulatory issues created by innovation, rulemakers may realize far too late, or never, what new regulatory demands a given innovation generates.
  > facts-based rulemaking did not anticipate regulatory issues created by innovation, rulemakers may not at all or much too late realize what new regulatory demands apply to a given innovation and associated regulatory issue.
  Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016). SSRN: https://ssrn.com/abstract=2808132
- [2808132-024](https://wulfkaal.github.io/claims/2808132-024) [mechanism/argued] *(failure mode)* -- Because it lacks anticipatory capabilities, the existing regulatory system only addresses regulatory issues ex post, and then only if core constituents are burdened enough to generate sufficient political pressure for lawmakers to act.
  > associated with disruptive innovation. Because it lacks anticipatory rulemaking capabilities, the existing regulatory system addresses regulatory issues only ex-post, if and when they materialize and if core constituents are sufficiently burdened to precipitate
  Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016). SSRN: https://ssrn.com/abstract=2808132

## 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/ex-post-rulemaking.md | sha256sum

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