Contract scholarship has given little attention to the production process for contracts. The usual assumption is that the parties will construct the contract ex nihilo, choosing all the terms so that they will maximize the surplus from the contract.
In his recent article in National Affairs, “Changing the FDA’s Culture,” Dr. Scott Gottlieb rightly takes the FDA to task for its retrograde attitudes on the approval of new drugs for sale in the United States market. But he is far too kind to the FDA.
In the run up to the Supreme Court’s decision on health care, few people will pay any attention to the Court’s most recent constitutional failure of intellectual nerve in Armour v. Indianapolis. But they should.