Disruptive innovation creates increasing regulatory challenges. Venture capital’s assessment of innovative products, businesses, and initiatives generates highly relevant institution -- and industry -- specific decentralized information on innovation trends. Using a dataset comprising over...

Contingent capital securities are a largely overlooked dynamic regulatory mechanism. This essay evaluates the use of contingent capital securities in a dynamic regulatory context, including the use of feedback effects for optimized timing and information for regulation and anticipatory regulation

Disruptive innovation creates increasing regulatory challenges. The reason for this is simple: Regulation is usually reactive, responding to facts. However, we currently live in a world of data, not facts. Regulation must therefore be proactive and dynamically responsive to data and trends. This...

Dynamic elements can be included in the rulemaking process through intra- and inter-jurisdictional feedback effects that improve the availability and quality of information for rulemaking. Key features associated with governmental contracts, such as the corporate wrongdoers' self-reporting,...

The hedge fund industry in the United States evolved from a niche market participant in the early 1950s to a major industry operating in international financial markets. Hedge funds in the United States were originally privately-held, privately-managed investment funds, unregistered and exempt...

In an age of constant, complex and disruptive technological innovation, knowing what, when, and how to structure regulatory interventions has become more difficult. Regulators find themselves in a situation where they believe they must opt for either reckless action (regulation without...

Private investment fund regulation in the United States evolved substantially in the last two decades. Tracing the main regulatory developments, this article summarizes the author's theoretical and empirical findings on the effects of changes in private investment fund regulation from 2006 to...

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...