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* Professor, Northwestern University School of Law; Faculty Fellow, Institute for Policy Research, Northwestern University. I presented a draft of this Foreword at a faculty workshop at Washington University School of Law and thank the participants for their very helpful comments and suggestions. I owe special thanks to Stephen Schulhofer for his engaging discussion and written comments on an earlier draft. I am also grateful to Paul Butler, Bernardine Dohrn, Steven Drizin, Harvey Grossman, Bernard Harcourt, Maurice Lipson, Jeffrey Sharer, and Benjamin Wolf for generously sharing their insights and information about the Morales case, Monica Neuman for her dedicated research assistance, and Lesliediana Jones and Lynn Kincade for expeditious library services.