I am indebted to the staff of the Cornel Law Reiew for its invaluable assistance in bringing this piece to publication. Particular thanks are owed to Leo R. Tsao for indispen- sable advice and encouragement during the initial drafts; to Nathan C. Thomas, StevenJ. Scott, and Samson M. Frankel for editorial oversight; and to Christine M. O'Reilly and Susan G. Pado for tireless administrative and clerical support on this.