The collapse in the market for exotic financial instruments, the liquidity crisis in major financial institutions and the government bailouts in 2008-09 illustrate the massive social cost of financial risk taking. The credit crisis of 2008-2009 also convinced many observers that the level of...

The decisions of the European Court of Justice in Centros and then in Inspire Art open up the possibility of regulatory competition in European corporate law. Now that EU Member States have to recognize each other's charters, some Member States could enact and enforce corporate law preferred by...

Governance adjustments via stable rules in reaction to financial crises are inevitably followed by relaxation, revision, and retraction. The economic conditions and the corresponding requirements for optimal and stable rules are constantly evolving, suggesting that a different set of rules could...

The literature on New Institutional Economics (NIE) evaluates the relationship between public and private rulemaking in the evolution of law. This paper introduces the concept of dynamic regulation as an optimization process for the learning experience in the NIE framework. Dynamic regulation...

This Article is a rejoinder to a comment by Professor Romano on an earlier paper I coauthored with Christian Kirchner. Professor Romano suggests regulatory arbitrage, rather than the targeted regulation of bank lending to hedge funds under Basel III, as a hedge against systemic failure. I...

Chapter 10 highlights the need for the establishment and maintenance of unifying transcendental values of decentralized organizations. Unlike scientific laws, transcendental values cannot be stated formally and explicitly. The power of a decentralized organization derives from its ability to...

Chapter 2 highlights the transition from Web 2.0 companies, such as Google, Facebook, and Uber, among many others, which have disrupted much of the economy, to more decentralized solutions. Consumers around the globe are becoming increasingly accustomed to the advantages of decentralized...

This Preface summarizes the authors’ respective perspectives and precepts on the topic of decentralization that motivated the publication of their jointly au-thored book "DECENTRALIZATION - TECHNOLOGY'S IMPACT ON ORGANIZATIONAL AND SOCIETAL STRUCTURE", DEGRUYTER PUBLISHERS (2021). United by a...

Chapter 8 discusses the role of finance in the evolution of decentralized systems. In the 2020s, the market for DeFi has started to take off but fully decentralized DeFi solutions still have a long way to go. Because the decentralized economy is still missing the major institutions that society...

Chapter 6 underscores the importance of reputation systems for the decentralized economy. Reputation is the proper incentive, instead of money, for motivating the most efficient cooperation and long-term stability in business. Existing Web3 smart contract solutions often incentivize people to...