Dynamic Regulation for Innovation


Wulf A. Kaal

University of St. Thomas, Minnesota – School of Law; European Corporate Governance Institute (ECGI)

August 27, 2016

Perspectives in Law, Business & Innovation (Mark Fenwick, Wulf A. Kaal, Toshiyuki Kono & Erik P.M. Vermeulen eds.), New York Springer (2016) 

A large consensus in the literature suggests that law has a diminishing capacity to react to innovation. After summarizing the commonalities between the law and technology literature and the literature on dynamic regulation in the analysis of the so-called pacing problem between regulation and innovation, the chapter evaluates proposed remedies for the pacing problem and distinguishes dynamic regulatory remedies.

Number of Pages in PDF File: 30

Keywords: Growth of Technology, Innovation, Regulation of Innovation, Pacing Problem, Dynamic Regulation, Feedback Effects, Optimized Information for Regulation, Anticipatory Regulation

JEL Classification: K20, K23, K32, L43, L5, O31, O32

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