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University of Michigan Law School

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2022

Orphan Drug Act

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Congressional Myopia In Biomedical Innovation Policy, W. Nicholson Price Ii Jan 2022

Congressional Myopia In Biomedical Innovation Policy, W. Nicholson Price Ii

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Innovation policy is hard. Getting it right requires balancing incentives for developers, consumer access, rewards for later innovators, safety concerns, and other factors. This balance is vitally important and wickedly difficult—even when it’s the focus of concerted, careful, informed effort. How well should we expect it to go when innovation policy is made by accident? Enter The Accidental Innovation Policymakers, an illuminating new project by Professor Rachel Sachs. Sachs persuasively shows how Congress has repeatedly made substantial changes to innovation policy, seemingly without talking about, seriously considering, or even recognizing that it is doing so. There’s an asymmetry to this …