entity · derived
Rulemaking
Derived node: assembled mechanically from the claims carrying rulemaking. A roster, not an adjudicated definition.
Every claim under this term
- 1806252-017 : The SEC would be better advised to interpret the rulemaking authority it received from Congress than to increase requirements on hedge funds in order to address concerns over potential systemic risk.
- 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.
- 2267560-004 : The institutional infrastructure for rulemaking was designed for a relatively stable society and stable economic and market environments, and it therefore fails to keep pace with rapidly evolving and
- 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
- 2267560-017 : Rules should be promulgated only after the particularized need for the rule has been identified and possible effects on society at large have been evaluated.
- 2267560-037 : A classic collective action problem controls rulemaking: smaller and better organized special interest groups usually dominate latent groups such as dispersed investors in the competition to shape rul
- 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
- 2273857-008 : Congress, financial regulators, and the financial regulation literature rely almost exclusively on rules presumed to be stable and optimal, which is the common denominator of regulatory responses to c
- 2273857-009 : Rulemakers discount or willingly accept unknown future contingencies and the inevitable need for later revision, amendment, and retraction, because they are pursuing certainty and predictability in th
- 2273857-015 : Financial rulemaking is most needed ex-ante before financial crises, not ex-post after crises have already imposed steep costs on the economy, markets, and financial institutions and have distorted th
- 2273857-017 : Post-crisis rulemaking occurs in an economic, political, and legal environment whose sense of urgency prevents a full evaluation of the consequences of new rules for all affected constituencies.
- 2273857-018 : The shock conditions that trigger calls for rulemaking have typically not been analyzed or absorbed systematically, so rulemaking under those conditions is associated with high levels of incomplete in
- 2273857-019 : The bounded rationality of public rulemakers aggravates shock conditions during rulemaking, because rulemakers satisfy their own constituencies rather than all affected parties and are therefore more
- 2273857-042 : Increasing the availability of relevant information for rulemaking through a countercyclical and dynamic process is a starting point for improved rulemaking.
- 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
- 2273857-054 : Financial rulemaking often relies on centralized rather than decentralized information, which is a further defect of the existing framework.
- 2348463-011 : The growing number of conflicting decisions under old Rule 2019, and the confusion and uncertainty they produced, is what precipitated the concerted effort by bankruptcy practitioners and the federal
- 2389423-011 : Based on these findings, adviser size may not matter as much for policy adjustments and SEC rule making as the hedge fund industry and its representatives have claimed.
- 2470008-016 : The quantitative measures used in systemic risk assessment are not codified in statute, so the FSOC can alter its thresholds and its analysis through rulemaking.
- 2486570-029 : Department of Justice investigations of particular corporate wrongdoers generate highly relevant, decentralized, and institution specific information that is usable for rulemaking.
- 2486570-032 : Regulation by prosecution denies corporations the channels of influence available under legislative and administrative rulemaking, since it offers no comment process and no opportunity to lobby regula
- 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-006 : Under incomplete contract theory the rulemaking process is itself a learning process, and incomplete contracts are the instrument that carries that learning.
- kaal-2014-dynamicregulationviagove-010 : In the current model of stable rulemaking, path dependencies lead rulemakers to act on a boundedly rational assumption that they already control sufficient information for rulemaking.
- kaal-2014-dynamicregulationviagove-015 : The trial and error approach to rulemaking structurally prevents rulemakers from obtaining relevant information ex ante, before rules are enacted.
- 2714974-006 : The SEC's 2004 hedge fund adviser registration rule failed in court because the agency lacked authority to define the term client, which the Investment Advisers Act had not otherwise defined, and the
- 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.
- 2808132-003 : In an environment of exponential disruptive innovation, the information rulemakers need is less likely to materialize soon enough for traditional rulemaking to be effective, regulatory issues become m
- 2831040-002 : Although the extent and causes of rulemaking ossification remain empirically uncertain, increased legal and evidentiary burdens on regulatory authorities are the consensus explanation for the slowdown
- 2831040-006 : The pacing problem is partly a byproduct of the goal of legal certainty: because regulation is designed to be a durable source of predictability, rulemaking driven by legal certainty cannot keep pace
- 2831040-008 : Rulemakers rely almost exclusively on stable and presumptively optimal rules meant to be permanent solutions, and that reliance ignores the ever changing rule environment driven by exponential growth
- 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.
- 2834531-005 : The time frame for rulemaking in the existing regulatory infrastructure is largely inadequate to address the regulatory challenges created by disruptive innovation.
- 2834531-007 : New regulations addressed to an innovative product can be obsolete before they are even finalized.
- 2834531-009 : Because technological transition is becoming a permanent state rather than an episode, rulemakers' inability to address the regulatory issues created by disruptive innovation will generate high levels
- 2957645-005 : Because the pace of innovation continues to accelerate, future contingencies in rulemaking are likely to grow substantially, which makes the dynamic anticipation of those contingencies increasingly im
- 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
- 2957645-010 : Feedback effects, defined as informational exchange processes between public and private rulemakers, between outcomes and institutions, between rules and rulemaking processes, and across jurisdictions
- 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
- 3441904-029 : 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
- 3441904-030 : The speed of smart contracting and associated DAO revisions will render regulations aimed at morphing decentralized systems obsolete before static centralized regulations are even finalized.
- 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