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Published online by Cambridge University Press: 01 March 2021
Thanks to Professor Dreyfuss for this invitation and to Professor Rutschman for her thought-provoking paper. Professor Rutschman is deeply engaged with the law of pharmaceutical innovation. And she is also deeply committed to a public health perspective. For many reasons, the two domains often speak past each other. Her paper provides a basis for shared vocabulary if not a common language.
1 As opposed to property rules, as per the Calabresi-Melamed distinction. See Guido Calabresi & A. Douglas Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral, 85 Harv. L. Rev. 1089 (1972).