Second, even though indirect rules are subject to the same weaknesses as direct prescriptions – such as incompleteness and over- and under-inclusiveness – the consequences are often less severe. An executive may interpret the certification requirement technically and narrowly, or may use it as a “crutch,” for example, but it is difficult to see how his or her doing so will be any worse (and is likely to be better) than treating the disclosure rules themselves in such a legalisticfashion.
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