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84 Tul. L. Rev. 781 (2009-2010)

handle is hein.journals/tulr84 and id is 789 raw text is: TULANE LAW REVIEW VOL. 84 MARCH2010 No. 4 Combating Antimicrobial Resistance: Regulatory Strategies and Institutional Capacity William M. Sage* David A. Hymant Amnesia is a common, important, but rarely noted side effect of antibiotics. Apart from medical histonans, few recall the severe morbidity and mortality once associated with acute bacterial infection. However, decades of anibiotic overuse and misuse have compromised the long-tenn availability and efficacy of these life-saving therapies. If designed and implemented appropnately regulation can reduce the risk of bacterial infection, reserve antibiotics for cirumstances where they are necessar, and rationalize the use of the most powerful agents Regulation ofantibiotic resistance can bejustifie4 and should be guidetj by both efficiency and fairness A range ofregulatory options air available-some information-based some incentive- based some command-and-control--each of which has indications, s&engths, and wealesses. A desired set of regulatory stategies must then be matched with the appropiate legal and regulatory institutions. A renewed focus on regulatory and institutional design has significant potential to reduce antibiotic-resistant bacterial infections and increase the effective life of existing and new antibiotics. © 2010 William M. Sage and David A. Hyman. * Vice Provost for Health Affairs and James R. Dougherty Chair for Faculty Excellence in Law, The University of Texas at Austin. t Richard & Marie Corman Professor of Law and Professor of Medicine, University of Illinois. This Article was commissioned by the Center for Disease Dynamics, Economics and Policy at Resources for the Future for the Extending the Cure initiative and was funded in part by the Robert Wood Johnson Foundation. We thank UT law student Peenesh Shah for research assistance. We appreciate the helpful comments of three anonymous referees, comments received when the Article was presented at the University of Michigan, Washington & Lee, and Georgetown University law schools, and written comments from Kevin Outterson, Richard Saver, and Doug Rendelman. Of course, all errors of omission and commission are ours alone.

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