Curriculum Vitae
Ms. Arti K. Rai,
Elvin R. Latty Professor of Law
Duke Law School
Box 90360
Corner of Science & Towerview
Durham, NC 27705
(919) 613-7276
rai@law.duke.edu
Education
Harvard Law School, J.D., Cum Laude, 1991
- Best Brief and Team, Harvard (Ames) Moot Court Competition
- Research Assistant, Professor Paul Weiler
- Instructor, First-Year Legal Methods Course
- Executive Editor, Harvard Civil Rights-Civil Liberties Law Review
Harvard Medical School, student for 1987-88 academic year
- Recipient of health policy research award
Harvard College, A.B., Magna Cum Laude, in Biochemistry and History (History and Science), 1987
- John Harvard Scholarship for highest academic achievement
National Merit Scholar
Teaching & Research Interests:
- Intellectual Property (focus on Patent Law)
- Law and the Biopharmaceutical Industry
- Science and Technology Policy
- Health Care Regulation
- Administrative Law
Employment
2003-Present, Duke Law School, Professor
January 2007, Harvard Law School, Hieken Visiting Professor in Patent Law
Fall 2004, Yale Law School, Visiting Professor
2001-2003, University of Pennsylvania Law School, Assistant Professor
1997-2001, University of San Diego School of Law, Associate Professor
1996-1997, Program in Ethics and the Professions, Harvard University, Faculty Fellow
1995-1996, Lecturer in Law, University of Chicago Law School, Medical School, and Graduate School of Public Policy
Taught health law course at law school as well as medical ethics and health policy course at medical and public policy schools.
1995-1996, MacLean Fellow, University of Chicago Center for Clinical Medical Ethics
Advised physicians on ethical and legal issues that arose in medical cases at University of Chicago Hospitals. Took year-long seminar in moral philosophy.
1994-1995, United States Department of Justice, Civil Division, Federal Programs Branch: Trial Attorney
Focused on health law. Briefed and argued cases involving Medicare, Medicaid, and President's Task Force on National Health Care Reform.
1992-1994, Jenner & Block, Washington D.C.: Associate
Wrote briefs in U.S. Supreme Court cases as well as federal appellate and district court cases. Focused on intellectual property.
1991-1992, Judge Marilyn Hall Patel, United States District Court for the Northern District of California, San Francisco, CA: Law Clerk.
Drafted opinions on cases, including numerous intellectual property cases.
Books
- Law and the Mental Health System, 4th edition (West Group Publishing) (2004) (with Professors Ralph Reisner and Chris Slobogin)
Articles
- University Software Ownership: Technology Transfer or Business As Usual? (with John Allison, Bhaven Sampat, and Colin Crossman) (under submission at Journal of Legal Studies)
- Synthetic Biology: Caught Between Property Rights, the Public Domain, and the Commons, PloS Biology (forthcoming March 2007) (with James Boyle)
- Synthetic Biology: The Intellectual Property Puzzle, 85 Texas Law Review __ (forthcoming 2007) (with James Boyle)
- Who’s Afraid of the APA: What the Patent System Can Learn from Administrative Law 95 Georgetown Law Journal 269 (2007) (with Stuart Benjamin)
- Open and Collaborative Research: A New Model for Biomedicine? in Intellectual Property Rights in Frontier Industries: Software and Biotech (AEI-Brookings Press 2005)
- Proprietary Rights and Collective Action: The Case of Biotechnology Research with Low Commercial Value, in Jerome Reichman and Keith Maskus, eds., Inter-national Public Goods and Technology Transfer in a Globalized Intellectual Property Regime (Cambridge University Press 2005)
- Finding Cures for Tropical Diseases: Is Open Source an Answer?, Public Library of Science, Medicine, December 2004(with Stephen Maurer and Andrej Sali) (also reprinted in 6 Minnesota Journal of Law, Science, & Technology 169 (2004)
- Proprietary Considerations, in Robert Lanza, ed., Handbook of Stem Cells, vol.2: Embryonic Stem Cells (Elsevier Press 2004) (with Rebecca Eisenberg)
- Allocating Power over Fact-Finding in the Patent System, in Symposium Issue on Ideas Into Action: Implementing Reform of the Patent System, 19 (3) Berkeley Technology Law Journal 907 (2004)
- “Patenting Organisms and Basic Research” and “Private Ownership of Inventions” entries in Encyclopedia of Bioethics (3rd ed., 2004)
- The Increasingly Proprietary Nature of Publicly Funded Biomedical Research: Benefits and Threats, in Donald G. Stein, ed., Buying in or Selling Out? The Commercialization of the American University (Rutgers University Press 2004)
- Engaging Facts and Policy: A Multi-Institutional Approach to Patent System Reform, 103 Columbia Law Review 1035 (2003)
- Bayh-Dole Reform and the Progress of Biomedicine, 66 Law and Contemporary Problems 289 (Winter/Spring 2003) (with Rebecca Eisenberg)
- Patenting Human Organisms: An Ethical and Legal Analysis (working draft of paper prepared for President’s Council on Bioethics)
- Gene Patenting: A Case Study in Patenting Research Tools, 77 Academic Medicine 1368 (2002)
- Genetic Interventions: (Yet) Another Challenge to Allocating Health Care, 39 San Diego Law Review 657 (2002)
- Specialized Trial Courts: Concentrating Expertise on Fact, 17 Berkeley Tech-nology Law Journal 258 (2002)
- Locating Gene Patents Within the Patent System, 2(3) American Journal of Bioethics 18 (2002)
- Health Care Fraud and Abuse: A Tale of Behavior Induced by Payment Structure, 30 Journal of Legal Studies 579 (2002)
- Pharmacogenetic Interventions, Orphan Groups, and Distributive Justice: The Role of Cost-Benefit Analysis, 19(2) Social Philosophy & Policy 246 (2002)
- Fostering Cumulative Innovation in the Biopharmaceutical Industry: The Role of Patents and Antitrust in Symposium Issue, Beyond Microsoft:Antitrust, Technology, and Intellectual Property 16 Berkeley Technology Law Journal 813 (2001)
- The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, and Access in the Post-Genomics Era in Symposium Issue, Intellectual Property Challenges in the Next Century, 2001 University of Illinois Law Review 173
- Evolving Research Norms and the Public Domain: A Reply to Professor Kieff, 95 Northwestern University Law Review 707 (2001)
- Addressing the Patent Gold Rush: The Role of Deference to PTO Patent Denials, in Symposium Issue, Re-engineering Patent Law: The Challenge of New Technologies, 2 Washington University Journal of Law & Policy 199 (2000)
- Regulating Scientific Research: Intellectual Property Rights and the Norms of Science, 94 Northwestern University Law Review 77 (1999)
- Intellectual Property Rights in Biotechnology: Addressing New Technology in Symposium Issue, Genetic Technology: Social Values and Personal Autonomy in the 21st Century, 34 Wake Forest Law Review 827 (1999)
- The Physician as a Health Care Proxy, 29 Hastings Center Report 14 (September/October 1999) (with Drs. Mark Siegler and John Lantos)
- Reflective Choice in Health Care: Using Information Technology to Present Allocation Options, in Symposium Issue, Electronic Medical Information: Privacy, Liability, & Quality Issues, 25 American Journal of Law & Medicine 387(1999)
- Rationing Through Choice: A New Approach to Cost-Effectiveness Analysis in Health Care, 72 Indiana Law Journal 1015 (1997)
- Cost-Effectiveness and Cost-Benefit Analyses in the Medical Literature, 116(3) Annals of Internal Medicine 338 (1992) (co-authored)
Selected Honors
- Principal Investigator, 5-year NHGRI/DOE grant on “open genomics”
- Advisory Board, Science Commons
- Research Advisor, ELSI, National Human Genome Resource Institute
- Advisory Board, American Association for the Advancement of Science
- Finalist, World Technology Award (Law Category), 2005