ABSTRACTIn Capitalism, Socialism and Democracy, Schumpeter contrasted his definition of democracy against what he called its “Classical Doctrine.” Received scholarly wisdom holds either that the classical doctrine had no real historical embodiments, or that it is a composite of historical arguments pieced together only so that Schumpeter could knock them down. Arguably, however, Schumpeter actually drew the classical doctrine from a very real source: Carl Schmitt.

U.S. law imposes strict recording and reporting requirements on all entities that manufacture and distribute controlled substances. As a result, the prescription opioid crisis has unfolded in a data-saturated environment. This article asks why the systematic documentation of opioid transactions failed to prevent or mitigate the crisis. Drawing on a recently disclosed trove of 1.4 million internal records from Mallinckrodt Pharmaceuticals, a leading manufacturer of prescription opioids, we highlight a phenomenon we propose to call data diversion, whereby data ostensibly generated (...) or collected for the purpose of regulating the distribution of controlled substances were repurposed by the industry for the opposite aim of increasing sales at all costs. Systematic data diversion, we argue, contributed substantially to the scale of drug diversion seen with opioids and should become a focus of policy intervention. (shrink)