For a famous jurist's expression of these concerns, see Antonin Scalia, The Rules of Law as a Law of Rules, 56 U. Chi. L. Rev. 1175, 1175-81 (1989). For a recent account by a legal scholar, see Richard H. Fallon, Jr., "The Rule of Law" as a Concept in Constitutional Discourse, 97 Colum. L. Rev. 1, 7-10 (1997).