Gauguin, Darwin, & Design Thinking: A Solution to the Impasse between Innovation & Regulation
University of California Hastings College of the Law
December 15, 2016
UC Hastings Research Paper No. 235
We live in a time of fast-paced change and societal upheaval. Whether it’s choosing whom to vote for, documenting personal stories, finding friends and spouses, commercializing personal assets, or creating innovative products and services, traditional behaviors have given way to new opportunities and methods of accomplishing these activities. Moreover, these goals can be accomplished much more quickly than was ever possible previously. As a result, the existing structure of laws and rules that benefit society by ensuring, inter alia, public safety, competitive markets, environmental health, and access to justice for all have come under increased pressure. The clash is most visible in the public confrontations between companies in the sharing economy and the state and local governments that have been on the front lines as entire industries have been disrupted.
This essay examines the conflict between innovators and regulators, exploring the reasons behind it and analyzing the problems from a multi-disciplinary perspective. Although this chapter is intended as a thought piece, and not an exhaustive look at the issues, I do propose a possible path forward that I hope will stimulate further research and analysis, leading ultimately to a solution that all stakeholders will embrace.
Number of Pages in PDF File: 42
Keywords: Technology, Regulation, Innovation, Sharing Economy, New Governance, Design Thinking
Date posted: December 16, 2016 ; Last revised: February 7, 2017