Elizabeth P. Foley (Florida International University College of Law) has posted
Teaching the Elephant to Dance: Privatizing the FDA Review Process on SSRN. Here is the abstract:
Considers the implications of privatizing the Food and Drug Administration's (FDA) review of the safety and efficacy of medical devices and drugs. Concludes that the FDA's flaws - namely, a risk avoidance culture and autocratic style of regulation -- can only be accomplished by breaking the agency's monopolization of this review function.