I. INTRODUCTION Arti Rai's article in the Fall 1999 issue of the Northwestern University Law Review explores the proper use of both legal rules and prescriptive norms to shape behavior in the basic biological research community. 1 Rai's article builds upon the extensive work in this area by Rebecca Eisenberg, which first attained prominence through Eisenberg's article in the December 1987 issue of the Yale Law Journal. 2 Eisenberg concludes that the use of patents in the area of basic biological research may frustrate central * Visiting Assistant Professor, Northwestern University School of Law. I gratefully acknowledge the many questions and comments on prior drafts from participants in seminars at Northwestern University's graduate schools of management, biology, journalism, medicine, and law, as well as more extensive discussions with Michael Abramowicz,
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