Discourse.net

The book on Fuller sounds very interesting, Michael. Would you consider posting the table of contents? Amazon doesn't allow "look inside" for it and though it gives a partial listing of the contents doesn't give the whole thing. It's too expensive for me to buy now and I have only limited library access right now so I doubt I'll get it soon but it sounds interesting enough that I'd like to know all of what's in it. I, at least, would certainly apprecaite that, if it's not trouble.

TABLE OF CONTENTS

Philip Selznick
Preface to Rediscovering Fuller

Acknowledgments

List of abbreviated publications by Lon L. Fuller

List of contributors

Willem J. Witteveen
Rediscovering Fuller: An Introduction

I. Beyond the Fuller-Hart Debate

Kenneth I. Winston
Three Models for the Study of Law

David Dyzenhaus
Fuller's Novelty

Paul Cliteur
Fuller's Faith

Frederick Schauer
Fuller on the Ontological Status of Law

II. Moralities of Law

Pauline Westerman
Means and Ends

Wibran van der Burg
The Morality of Aspiration: A Neglected Dimension of Law and Morality

David Luban
Rediscovering Fuller's Legal Ethics

III. Implicit Law

Peter R. Teachout
"Uncreated Conscience": The Civilizing Force of Fuller's Jurisprudence

Gerald J. Postema
Implicit Law

IV. The Art of Institutional Design

Roderick A. Macdonald
Legislation and Governance

Willem J. Witteveen
Laws of Lawmaking

John W. F. Allison
Legal Culture in Fuller's Analysis of Adjudication

Marc Hertogh
The Conscientious Watermaster: Rediscovering the Interactional Concept of Law

Karol Soltan
A Social Science That Does Not Exist

V. Law's Dialogue

James Allan
Lon Fuller's "The Case of the Speluncean Explorers"

Francis J. Mootz III
Natural Law and the Cultivation of Legal Rhetoric

Joseph Vining
Fuller and Language

Significant chunks appear to be online at Google Books

Thanks! (Since the closest book to me is 148 F.3d I decided not to take part in the game.)

I reached for the closest book (Merriam-Webster's Dictionary of English Usage), and the results weren't that interesting. The second-closest book was Adrian Vermeule's Mechanisms of Democracy; ditto. But the *third*-closest book was Aleinikoff et al.'s Immigration Law casebook, and the excerpt there is timely. Speaking of a person involuntarily deprived of citizenship, Chief Justice Warren writes (in dissent, but later vindicated):

His very existence is at the sufferance of the state within whose borders he happens to be. In this country the expatriate would presumably enjoy, at most, only the limited rights and privileges of aliens, and like the alien he might even be subject to deportation and thereby deprived of the right to assert any rights. The government was not established with power to decree this fate.

And a smidge further down the page:

But the citizens themselves are sovereign, and their citizenship is not subject to the general powers of their government. Whatever may be the scope of its powers to regulate the conduct and affairs of all persons within its jurisdiction, a government *of* the people cannot take away their citizenship simply because one branch of that government can be said to have a conceivably rational basis for wanting to do so.

Matt- you missed a golden opportunity. It just so happens that page 123 of 148 F.3d is the key holding of a decision by Judge Calabresi in DIAMONDSTONE v. MACALUSO, 148 F.3d 113 (CA2 1998).

The headnote says:

Motorist who was subject of 12 traffic stops by same state trooper over 16 month period, most of which were for suspicion of lack of insurance, sued trooper, his supervisors, and state of Vermont. Motorist alleged claims under § 1983, as well as various state law claims. After defendants were granted summary judgment on § 1983 claim, the United States District Court for the District of Vermont, J. Garvan Murtha, Chief District Judge, entered judgment on jury verdict finding for trooper on all state law claims except defamation claim, with respect to which jury awarded motorist no damages. Motorist appealed. The Court of Appeals, Calabresi, Circuit Judge, held that: (1) trial judge was not required to recuse himself; (2) state of Vermont may require motorists to provide proof of insurance and may draw adverse inference from motorist's refusal to do so, without infringing Fifth Amendment; (3) motorist's refusal to provide proof of insurance first two times he was stopped by state trooper did not give that trooper probable cause or reasonable suspicion to believe that motorist thereafter drove without insurance; (4) jury instruction on malicious prosecution was reversible error; and (5) defendants were not entitled to summary judgment on qualified immunity grounds.

Affirmed in part, reversed in part, vacated and remanded in part.

And here's the quote from p. 123:

The fact that Vermont may order citizens to provide proof of insurance in conjunction with a valid traffic stop or when they apply for their annual state inspection sticker does not, however, mean that the state police may pull motorists over without probable cause for the sole purpose of asking them to provide proof of insurance. See Delaware v. Prouse, 440 U.S. 648, 663, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979) (police may not stop motorists simply to ask for license and registration). In terms of the impact on liberty, there is a fundamental difference between being asked to answer questions in certain well-defined settings and being subjected to random detentions by government officials seeking information. See id. at 657, 99 S.Ct. 1391 (contrasting stops of individual motorists, which generally entail “an unsettling show of authority,” “interfere with freedom of movement, are inconvenient, and consume time,” and which “may create substantial anxiety” for the driver with traffic checkpoints where every motorist is stopped and individuals are “much less likely to be frightened or annoyed by the intrusion”).

From "A Conrad Argosy" (collection) p. 123 - "The Nigger of the 'Narcissus'"

Mr. Baker could not speak, but found his voice to shout; and under the goad of his objurations, men looked to the lashings, dragged out new sails; and thinking themselves unable to move, carried heavy blocks aloft - overhauled the gear. They went up the rigging with faltering and desperate efforts. Their heads swam as they shifted their hold, stepped blindly on the yards like men in the dark; or trusted themselves to the first rope at hand with the negligence of exhausted strength.

The nearest book just had a map of Somaliland on page 123 so I grabbed the next one.
"By October, the Soviet defenses had been split into four shallow bridgeheads, with the front lines only 600 feet from the riverfront. The 187th Rifle Division moved into a riverfront factory with orders to hold it at all costs. Within three days, 90 percent of the division was dead or missing, a gruesome achievement for which it was redesignated as a Guards unit."

When Titans Clashed by Glantz and House
(Just at the point when the whole war turned around)

Find another non-response here.

Bruce - I can't get that link to work, it seems to be asking for your personal login?

last year

this year the two dictionaries have been joined by ---

- a phone book
[pg 123, names start with g],

- the audubon society field guide to north american birds, eastern region
[page 123 falls in the un-numbered pages of color plates, approximately in the duck-like birds; plate 123 is the lesser scaup], and

- step-by-step tai chi
[page 123 has only 6 sentences on it, describing the moves for the 'bring the tiger and return to the mountain' section of the small circle form]