Paper+the+Great+Gatsby.nq2

7/28/2019 Paper+the+Great+Gatsby.nq2

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Nick Car raway, the

Unreliable Guilty

Nar rator andCharacter

Noa Broshi

Martha Nussbaum in Poetic Justice points to the fact that narratives have the power to

provide readers with thick descriptions of concrete human situations, which stimulate emotional

and intellectual responses. These responses enable the readers to engage in ethical reasoning and

judgment of fictional situations in a safe arena. This private platform can further encourage

meta-evaluation of the moral self. James Phelan in Livingto Tell About it ties ethical response of

readers to techniques of narrative. In The Great Gatsby, Scott Fitzgerald uses the form of

unreliable character narration. Seemingly, it provides the implied author, likewise the readers,


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with a parallel safe arena to cognitively and emotionally explore ethical dilemmas concerned

with self. More specifically, the use of a guiltyunreliable character narrator can allow the author

to grapple with a sense of personal guilt while at the same time point an accusing finger toward

the implied readers.

The novel The Great Gatsbysupposedly sets to impart the enigmatic chronicle of the life

and death of the self-made man Jay Gatsby. As the story progresses, the mystery which shrouds

Gatsby gradually uncovers by means of a personal account delivered by an accidental neighbor,

a character in the plot, Mr. Nick Carraway. 1LFNV narration cleverly seduces the reader to set his

eye on the glamorous figure of Gatsby, all clad in pink, speeding across the American Dream in

a flashy yellow car, awaiting a princess in a golden castle. The blinding glare surrounding

Gatsby, which is intensified by the choice of narration technique, serves to obscure the UHDGHUV

ability to see the real ethical drama unraveling in the shadow, that of Nick Carraway as an

unreliable character. 1LFNVXQUHOLDEOHreport of his unreliability as persona, whether intentional

or unconscious, allows him to avoid dealing with the tragic outcome of his careless pursuit of the

green commodity and the extravagant power and lifestyle it can afford. NickV struggle with

guilt via unreliable narration illuminates a parallel and more subtle drama of an author grappling

with the same notion, similarly manipulating text to achieve absolution. Supporting evidence for

the existence of such a struggle can be found in FitzgeraldV repetitious dwelling on the seductive

and corruptive powers of Mammon in other literary works. Since the characters and setting, the

narrator and narratees, the implied author and the implied readers in this novel are all citizens of

the Jazz Age era, the author might be redirecting the finger of guilt to point at the readers, either

to share a privy burden or to extort their understanding.


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Character narration marks literary texts wherein the narrator is a participant in the story

event. According to James Phelan it signifies texts where the implied author is addressing the

LPSOLHGUHDGHUYLDDQ,QDUUDWRUZKRIXQFW ions as a character in the text, and is addressing a

narratee$VVXFKFKDUDFWHUQDUUDWLRQLVDQDUWRILQGLUHFWLRQ3KHODQ The narrator in this

type of literary structures solicits from the reader emotional responses as a character. These

responses in turn affect the UHDGHUVethical engagement with the narrative. Yet, any character

action in the text likewise has an ethical dimension and it is in the power of the narrator to affect

tKHUHDGHUVDWWLWXGHWRZDUGLW7KLVDOUHDG\PXOWL -layered subversive ethical composite is further

complicated when the character narration is unreliable.

At the opening ofThe Great GatsbyNick Carraway introduces himself to the narratees,

addressing them with a first person ,His voice is frank and informal, intimating a feel of an

oral direct conversation rather than a literary text. Nick commences with establishing his abilities

as a narrator. He claims to be DEOHWRJDWKHULQVLJKWLQWRPHQVprivate secrets, which they impart

to him often against his will, thanks WR KLV IDWKHUV DGYLFH to reserve all judgments and an

apparent innate decency. In addition, Nick asserts to possess literary skills which he acquired and

were acknowledged at the Yale University. A son of a prominent well-to-do Middle West family

Nick fought in the World War and has moved to the East, ready for hard labor, in order to pursue

a productive career as a bonds man. He describes his arrival at the setting, adjunct to *DWVE\V

mansion as accidental DPDWWHU RI FKDQFH which rules out the possibility of a biased

narration based on previous acquaintanceship. Nick discloses that he has lost interest in the East

and returned disappointed to the West, in need for a morally sound world. He imparts an

elaborate description of Gatsby and asserts that he has lost interest in all his Eastern associations


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except for Gatsby. In fact Nick titles his book after Gatsby decorated with The Great a choice

which designates Gatsby as its protagonist. NickV disclosure that Gatsby turned out all right at

the end, leads the Western narratees to expect their friendly and reliable narrator, based on

his qualifications as persona and firsthand experience as character, to provide them with a

reliable chronological account ofthe true story of the man and his legacy.

But nevertheless Nick Carraway is an unreliable narrator. Unreliable narration as

technique has occurred in Western literary text since the 18th

century, but has been prevalent in

literary theory only since the 1960s in account of Wayne Booth who coined the term and defined

the phenomenon (Heyd 217, KDYH FDOOHG DQDUUDWRU UHOLDEOHZKHQKHVSHDNV IRU RUDFWV LQ

DFFRUGDQFHZLWKWKHQRUPVRIWKHZRUNLHWKHLPSOLHGDXWKRUVQRUPVXQUHOLDEOHZKHQKHGRHV

QRW %RRWK -159). While BootKV FRQWULEXWLRQ to the field of unreliable narration is

immense, this initial definition is ODFNLQJLQFDVHVZKHUHWKHLPSOLHGDXWKRUVQRUPVDUHWKDWRI

unreliability. In these cases there is no breach of intention. In The Great Gatsby the implied

author does not appear to create an unreliable narrator in order to manipulate the readers

response to other characters and events which are narrated, there seems to be no voice of a

reliable implied author behind the character narrator. Rather, the epitome of the novel, its focus

of interest, is the unreliability of the narrator. Whereas the second time reader of 1LFNV VHOI

presentation and declaration of intent cannot fail to detect outright falsity, the first time reader as

well, experiences a sense of vagueness and inconsistency. *DWVE\WXUQHGRXWDOOULJKWDWWKHHQG

says Nick, does he refer to his personality or his well being? 1LFNVSURPLQHQW>DQG@ZHOO-to-

GRIDPLO\LVsomething RIDFODQ(8), are they a clan or are they not? They have a tradition

that they are descended from the Dukes of Buccleuch but they do not. In truth the former of their


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line LV1LFNVJUDQGIDWKHUVEURWKHUZKRnot only evaded the Civil War by sending a substitute,

but also made a profit out of it, starting a wholesale hardware business. In the following sentence

the same shrewd JUDQGIDWKHUV EURWKHU LV UHIHUUHG WR DV WKLV JUHDW-XQFOH DQG the deflated

attitude toward the Civil War is blown up pompously when Nick terms the war in which he took

part as WKDW GHOD\HG 7HXWRQLF PLJUDWLRQ NQRZQ DV WKH *UHDW :DU 1LFNV XQUHOLDELOLW\ DV

narrator stands out before he actually moves to claim the position RIREVHUYHUQDUUDWRU3KHODQ

198).

Phelan develops BoothV idea and suggests that the agreement between the narration and

implied author should be considered on three levels of narration activity, that of reporting,

interpreting and evaluating events which occur in the story. The narrator can either misperform

these activities, in which case the implied readers will reject his words and reconstruct an

alternative, or under-perform these same activities, asking for the implied readers to supplement

WKHQDUUDWRUVYLHZ(51) Nick misreports and under-reports, he misinterprets and under-interprets,

but his main fault, in which cDVH3KHODQVGLVWLQFWLRQIDlls short, is that he rarely engages at all on

the level of evaluation, neither of characters actions much less his own. This lack is what elicits

UHDGHUVUHVSRQVHPRUHWKDQ the reported actions that make the plot move on. Repeatedly, when

Nick describes a situation which demands an emotional or moral response he either abruptly

changes the subject or takes on a distant poetic point of view which both allow him to evade

taking a stand. 1LFNDWWHQGV7RPVSULYDWHSDUW\ZKHUHKHPeets with his mistress at their secret

apartment down town. Nick is among a vulgar and false crowd, lies, adultery, violence, pretense

and the public degradation of his cousin Daisy. He provides a meticulous description of the scene

down to the plucked eye brows and white makeup of Catherine to the VSRWRIGULHGODWKHURQ


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0U0F.HHVFKHHNZKLFKKDGZRUULHG>KLP@DOOWKHDIWHUQRRQ (38), yet Nick stays true to his

opening statement and does not pass any judgment. Rather he muses in a withdrawn voice,


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sentences and admissions, all useful as mechanisms of suppression. The semi conscious

unreliable narration offers a psychologically highly subtle means of displaying inner conflict.

(233-235)

1LFNVQDUUDWLRQ LQFOXGHV IDOVH VWDWHPHQWV such as when he refers to 7RPDQG'DLV\V

move from Chicago. He says: :K\ WKH\FDPH(DVW ,GRQWNQRZ7KH\ KDG VSHQWD\HDU LQ

France for no particular reason, and then drifted here and there unrestfully wherever people

played polo and were rich together. (11) Later Nick narrates -RUGDQ%DNHUVDFFRXQWZKHUHVKH

tells of7RPVFDUDFFLGHQWLQ&KLFDJRwhich gave away his affair with a chambermaid and was

made public via the Chicago newspapers. finally, after Tom admits to go off once in a

while on a spree, Daisy addresses Nick and asks 'R \RX NQRZZK\ ZH OHIW &KLFDJR" ,P

VXUSULVHGWKDWWKH\GLGQWWUHDW\RXWRWKHVWRU\RIWKDWOLWWOHVSUHH When Nick narrates

that he does not know why Tom and Daisy left Chicago he is not telling the truth. Had Nick

narrated using the past tense ,GLGQWNQRZUDWKHUWKDQthe present ,GRQWNQRZ, intentionality

was overruled. The falsity of his statement is especially discordant in light of the fact that on the

H[DFWVDPHSDJH1LFNZULWHV,WZDV*DWVE\VPDQVLRQ2UUDWKHUDV,GLGQWNQRZ0U . Gatsby,

LWZDVDPDQVLRQ LQKDELWHGE\DJHQWOHPDQRIWKDWQDPH This type of manipulative play

with fabula is abundant throughout the narrative.

Nick time and again intentionally omits information. On his opening statement he

elaborates on the reasons for which made him move to the East. He states that after returning

IURPZDUKHZDVUHVWOHVVDQG,QVWHDGRIEHLQJWKHZDUPFHQWUHRIWKHZRUOGWKH0LGGOH:HVW

now seemed like the ragged edge of the universH+HIDLOVWRPHQWLRQDIDFWZKLFKKHZLOO

enclose much later in the narrative, when Tom and Daisy will insist that they heard he was


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HQJDJHGWRDJLUORXW:HVWOf course I knew what they were referring to, bu W,ZDVQWHYHQ

vaguely engaged. The fact that gossip had published the banns was one of the reasons I had come

(DVW


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RQWKHZD\WRWKHDSDUWPHQWYLVLWLQJ:LOVRQVJDUDJHKHQDUUDWHV,WKDGRFFXUUHGWRPHWKDWWKLV

shadow of a garage must be a blind, and that sumptuous and romantic apartments were concealed

RYHUKHDG

1LFNVVHPL FRQVFLRXVXQUHOLDEOHQDUUDWLRQIXUWKHULQFOXGHV lapses in memory especially

evident in relation with Jordan. On their first meeting Nick narrates ,KDGKHDUGVRPHVWRU\RI

KHUWRRDFULWLFDOXQSOHDVDQWVWRU\EXWZKDWLWZDV,KDGIRUJRWWHQORQJDJR (23). Describing

her character he declares that Jordan Baker ZDV LQFXUDEO\ GLVKRQHVW but that ,WPDGH QR

difference [for him]. Dishonesty in a woman is a thing you never blame deeply I was casually

sorry, and then I forgot (58-59). On their final date Jordan asks Nick if he remembers a

conversation they once had about driving a car. Nick replies :K\QRWH[DFWO\ (168) which

cannot be credited since this conversation is what impressed him most about -RUGDQV character.

Nick uses long winded and vague sentences which hardly make sense especially when

UHIHUULQJWR*DWVE\VSDVW

,ZRXOGKDYH DFFHSWHGZLWKRXW TXHVWLRQ WKH LQIRUPDWLRQ WKDW*DWVE\ VSUDQJ IURP WKH

swamps of Louisiana or from the lower East Side of New York. That was

FRPSUHKHQVLEOH%XW\RXQJPHQGLGQW at least in my provincial inexperience I believed

WKH\GLGQWGULIWFRROO\RXWRIQRZKHUHDQGEX\DSDODFHRQ/RQJ,VODQG6RXQG (50)

7KH WUXWK ZDs that Jay Gatsby of West Egg, Long Island, sprang from his Platonic

conception of himself. He was a son of God a phrase which, if it means anything,

means just that DQGKHPXVWEHDERXW+LV)DWKHUVEXVLQHVVWKHVHUYLFHRIDYDVWYXOJDU

and meretriciRXVEHDXW\

Finally, Heyd points at salient meta-discursive statements, presumably politeness

markers, which disclose unreliable narration. (237) Nick often addresses the readers directly to


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discuss the quality of his narration or to explain narration choices. These personal appeals

convey closeness and a sense of VLQFHUH FDUH IRU WKH UHDGHUV DELOLW\ WR DWWDLQ D WUXH

understanding of the events. 5HDGLQJRYHUZKDW ,KDYHZULWWHQVRIDU,VHH ,KDYHJLYHQWKH

impression that On the contrary (56) and +HWROGPHDOOWKLVYHU\PXFKODWHUEXW,YH

put it down here with the idea of exploding those first wild rumours about his antecedents, which

ZHUHQWHYHQIDLQWO\WUXH (97). 1RZ,ZDQWWRJREDFNDOLWWOHDQGWHOOZKDWKDSSHQHGDWWKH

gaUDJHDIWHUZHOHIWWKHUHWKHQLJKWEHIRUH (198)

How can Nick tell of events which happened at the garage after he had left it? How can

he provide detailed descriptions of GatsbyVSDVWZKLFK GR QRW VWDQG LQDFFRUGZLWK*DWVE\V

quality of perception or voice? Phelan claims that Fitzgerald takes the liberty to grant Nick the

powers of an authoritative non-character narrator to narrate the scene in WilsonVJDUDJHin order

to provide the readers with a more satisfying and full experience, and that the reader forgives

these slips in narration consistency for the sake of a better understanding (199). While it can be

claimed that these breaches in narration attest incongruity, an alternative explanation which

derives support from the text, denies intrusion by the implied author and points to NickV

inclination to rely on guessing and imagination. When Nick accidently meets Tom long after the

garage scene took place and he confidently had narrated it, he inquires :hat did you say to

Wilson that after-QRRQ" He stared at me without a word, and I knew I had guessed right about

those missing hours. (169) Visiting the %XFKDQDQV on a steaming hot day, Tom receives a

phone call which Nick imagines to be from his mistress. Nick narrates 7KHPDVWHUVERG\"

roared WKHEXWOHULQWRWKHPRXWKSLHFH,PVRUU\0DGDPHEXWZHFDQWIXUQLVKLWLWVIDUWRR

KRWWRWRXFKWKLVQRRQ":KDWKH[the butler] UHDOO\VDLGZDV


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admits to narrating his imagination, which he often does, although in more subtle ways. In the

same manner, Nick seems to enlist imagination when referring to image of self. He declares that

(YHU\RQHVXVSHFWVKLPVHOIRIDWOHDVWRQHRIWKHFDUGLQDOYLUWXHVDQGWKLVLVPLQH,DPRQHRI

the few honest people that I have eveUNQRZQ (59)

The fact that Nick Carraway is an unreliable character narrator can be further supported

by innumerable examples. Yet once the fact is established the implied reader interacting with the

text is called to question why? To what end does Nick choose to be deceitful? And what kind of

cognitive and emotional response does it stir? It is reasonable to claim that Nick at times tries

intentionally to conceal from the readers, and at others, tries semi-consciously to conceal from

himself, the fact that he is an unreliable persona. He deceives his women in the East and in the

West leading them to believe his feelings are sincere while they are not+HDSSURYHV7RPV

affair with Myrtle, and facilitates an affair between Gatsby and Daisy, simultaneously betraying

both his old time friends. He refuses *DWVE\Voffer to join his criminal business not based on a

moral objection but rather on politeness maxims, , UHDOL]H QRZ WKDW XQGHU GLIIHUHQW

circumstances that conversation [the job offer] might have been one of the crises of my life. But,

because the offer was obviously and tactlessly for a service to be rendered, I had no choice

except to cut him [Gatsby] VKRUW(80) Nick reminisces on his refusal at a point in time where he

is fully aware of the nature of *DWVE\V EXVLQHVV as it was already disclosed to him by Mr.

Wolfsheim.

Nick claims that his father is responsible for his reluctance to pass a judgment, that his

extended family approved his PRYHWRWKH(DVWWKDWKHGLGQWSODQWROLYHRQ the West Egg but

ZDVGHFR\HGE\DFROOHDJXHDWZRUNWKDW7RP%XFKDQDQFRPSHOOHG>KLP@ as though he were


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the implied readers expect the reason to be that these were his final departing words, Nick

provides a twisted explanation ,W ZDV WKH RQO\ FRPSOLPHQW , HYHU JDYH KLP EHFDXVH ,

disapproved of him from beginning to end (146). At work, noon time, the phone rings. Nick

relates that although Jordan calls daily at this hour he started up with sweat breaking on his

forehead (147), connoting he was expecting bad news. He tries to call Gatsby several times but

the phone is busy. He sees to speak with an operator and GUDZVDFLUFOH on the three-thirty train

(148).1LFNVQDUUDWLRQUHVHPEOHVDQDOLEL

Nick goes back to describe what happened at :LOVRQVJDUDJHDOWKRXJKKHZDVQWWKHUH

He does not make an effort to explain the implied readers where he had attained the information.

1DUUDWLQJ:LOVRQVtormented suffering and whereabouts it seems as if Nick is narrating his guilt

ridden nightmares, a detailed minute by minute YLVLRQRI:LOVRQVGHDGO\MRXUQH\DQG*DWVE\V

last breaths. Nick narrates, ,GURYHIURPWKHVWDWLRQGLUHFWO\WR*DWVE\VKRXVHDQGP\UXVKLQJ

anxiously up the front steps was the first thing that alarmed anyone. But they knew then, I firmly

believe I hurried down to the pool.,WLVFOHDUWKDW1LFNVDZ the murder coming, felt it,

feared it, but still did nothing. When he deals with the authorities and arranges for the funeral,

Nick takes on an over-righteous stand, ,IRXQGP\VHOIRQ*DWVE\VVLGHDQGDORQH ... it grew

upon me that I was responsible, because no one else was interested interested, I mean, with that

LQWHQVH SHUVRQDO LQWHUHVW WR ZKLFK HYHU\RQH KDV VRPH YDJXH ULJKW DW WKH HQG (156) Nick

uQGRXEWHGO\ KDV D SHUVRQDO LQWHQVH LQWHUHVW LQ *DWVE\V GHDWK aroused by guilt. Wolfsheim

preaches the painful truth OHWXVOHDUQWRVKRZRXUIULHQGVKLSIRUDPDQZKHQKHLVDOLYHDQGQRW

DIWHUKHLVGHDG (163). On the conclusion of his narration Nick stDWHV$IWHU*DWVE\VGHDWKWKH

East was haunted for me GLVWRUWHGEH\RQGP\H\HVSRZHURIFRUUHFWLRQ (167)


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In The Great Gatsby the readers are engaged in an unreliable narration by an unreliable

character that uses the text to grapple with guilt arising mostly from observing rather than acting,

reporting rather than evaluating. Nick is culpable for taking on the passive position of a voyeur

while neglecting his obligations as character. This moral position is embedded in the narration

technique dictated by the implied author. Phelan defines the implied author as WKHVWUHDPOLQHG

YHUVLRQRIWKHUHDODXWKRUDQDFWXDORUSXUSRUWHGVXEVHWRIWKHUHDODXWKRUVWUDLWVDQGDELOLWLHV

The implied author is responsible for the choices that create the narrative text as these words in

this order DQG WKDW LPEXH WKH WH[WZLWK KLV YDOXHV (45) Scott Fitzgerald is not the implied

author and the implied author is not the character narrator Nick, albeit the substantial similarities

in their biographical circumstances. What they have in common are psychological sensitivities.

The implied author creates the fictional Nick to examine and put to test his personal values, to

grapple with his similar sense of guilt, in their mutual historical context. In terms of Phelan the

distance, i.e. the relation between the norms of the implied author and those of the unreliable

narrator, is very short. (215)

Fitzgerald wrote a cluster of short stories The Diamond as Big as the Ritz (June 1922),

Winter Dreams (December 1922), Dice, Brassknuckles & Guitar (May 1923) and

Absolution (June1923) (Jeffrey Meyers 1994)) where he explores themes later to be developed

in the novel The Great Gatsby.In all, to a varying extent, he exposes the corruptive power of the

desire for wealth, the blinding force of glamour and beauty, the carelessness of the rich, the

impossibility of happiness and the pain following the irrecoverable loss of hopes and dreams.

Yet, albeit the similarities on the thematic level, the unique choice of narration technique

provides The Great Gatsbywith an altogether different quality. The literary arena created by the


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text seems less safe, both for the implied author and the implied readers. The unreliable character

narrator as opposed to the all knowing disembodied voice calls for a distinctive intellectual and

moral engagement in the text. While Meyers claims WKDW)LW]JHUDOGVPRVWSRZHUIXOZRUNVDUH

searingly confessional and that his only material was his own life (79), the unreliable character

narrator confesses not only to actions and motivations but also to a failure to reliably perceive

and evaluate them. In the case of The Great Gatsby this formal technique foregrounds the

LPSOLHGDXWKRUVVWUXJJOHZLWKJXLOW. Rudolph, the protagonist ofAbsolutionabsorbed with guilt

confesses for two sins, imagination and deceit. At confession he had stated with conviction that

he never lies, a lie within a lie. The rational he uses to appease guilt can serve for Nick as well.

He no longer thought God was angry with him about the original lie, because He must

have understood that Rudolph had done it to make things finer in the confessional,

brightening up the dinginess of his admissions by saying a thing radiant and proud.

(Bruccoli ed. 271)

The Great Gatsbyis more than a personal narrative. It is a culture narrative of the post-

ZDUURDULQJVLQ$PHULFD . Meyers writes that The Great Gatsbycaptures not only the lavish

house parties of Long Island but alsothe gang wars, the multimillionaire booze barons, the

murders anGDVVDVVLQDWLRQWKHQDWLRQDOEUHDNGRZQRIPRUDOVDQGPDQQHUV Juxtaposing

culture, text and narration technique can spill over the sense of guilt from the fictional character

narrator to the implied author, flow on to the implied readers of the time and trickle down to the

readers of present. The popular American contemporary television series Seinfeldends with the

main characterVLFRQLFVWDWHPHQW


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stranger in peril. This law derives from The Declaration of Independence which states the

superiority of personal rights, personal autonomy and the individual right of freedom of action,

over the moral obligation to stretch a helping hand (Romohr). As such The Great Gatsbydoes

not exempt the contemporary American implied readers from facing a relevant and complex

ethical dilemma. (YDOXDWLQJ1LFNDQG*DWVE\VFRQGXFWDWDPRPHQWRISHULO, the implied reader

is forced out of the position of bystander by the text and the narration technique, to actively

engage in reevaluating a cultural anxiety for individual freedom over compassion for fellowman.

IQ)LW]JHUDOGVZRUGV, ILFWLRQPXVWDSSHDOWRWKHOLQJHULQJDIWHU-HIIHFWVLQWKHUHDGHUVPLQG

(Meyers 124).

Work Cited

Booth, Wayne C. TheRhetoricofF ictionsecond edition. Chicago: University Chicago Press,

1979:149-240

Fitzgerald, Scott F. The Great Gatsby. New York: Penguin Classics, 2000.

---. TheShortStoriesofF.Scott F itzgerald. Ed. Matthew J. Bruccoli. New York: Charles

6FULEQHUV6RQV

*ULFH3DXO+/RJLFDQG&RQYHUVDWLRQSyntax andSemantics,vol. 3: Speech Acts. Ed. Peter

Cole and Jerry Morgan. New York: Academic Press, 1975.


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Heyd, TherHVD8QGHUVWDQGLQJDQGHandling Unreliable Narratives: A Pragmatic Model and

MHWKRGSemiotica162/1, 2006. 217-243.

Meyers, Jeffrey. Scott F itzgerald, a Biography. New York: Harper Collins Publishers, 1994.

Nussabaum, Martha. PoeticJustice. Boston: Beacon Press, 1995.

Phelan, James. Livingto Tell About it. New York: Cornell University Press, 2005.

Romohr, Philip W. A Right/Duty Perspective on the Legal and Philosophical Foundation of the

No-Duty-to Rescue RuleDuke Law Journalvol. 55, 2006. 1025-1058

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