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commitments will be whether the FDA adopts them in practice and not just in theory: whether the Agency applies these con- cepts in case-specific drug
product are firms who want to sell a competing version of it. The defendant is then likely to refuse them all in order to protect its monopoly, so there
some preliminary answers to these questions through the lens of Native people and their advocacy strategies, histories, constitutional philosophies, and
maximizing the value of their interests. A. Theories of Control The classic and most prevalent theory of control is the private benefits the- ory, whereby
Against Func- tional and Global Solutions to the Boundary Problem in Democratic Theory, 8 DEMOCRATIC THE- ORY 23, 24, 26-31 (2021) (“If there is an
against the named plaintiff. Courts decide that classes may not be certified under these circumstances while candidly admitting that they do not and
them. The effect is to insulate themselves from any collective pressures exerted by their contracted workforce. With no countervailing power, firms can
Alvarez- Machain, it is unlikely to have brought the same finality to scholars.20 Though they differ in their understanding of original meaning
the courts. Their ultimate bundling decisions may vary depending on which overseer they are likely to face most often. To explore these dynamics