I may be misremembering here, but I am pretty sure that after Prof. Moglen dismissed the pursuit of happiness as an American phenomenon/fetish he went into a discussion about how we need to figure out how to live fulfilling/happy lives. I did not catch a distinction, if there was one, between the happiness-driven lifestyle that he dismissed and the happiness-driven life that he wants us to seek. Maybe he was using the "American pursuit of happiness" phrase to stand in for "getting rich," but it seemed to me that he meant more than that. In any case, I agree with you, Justin, that "happiness" can be achieved even if the person desires a life far different from the one inspired by the American Dream.