Reflections on Motive Review

Authors

Paul Brest

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Commentators

Abstract

In this commentary the author argues that motives should remain legally determinative even if the statute language or its effects are constitutional. The author discusses many areas of the law including crimes, intentional torts, and coerced wills, in which the motivation of the party is determinative. The author concludes that while not novel, Professor Simon's idea of a generic suspicion that racial classifications are unconstitutionally suggests the possibility that other substantive doctrines may also reflect concerns with administrative and legislative motives.

Recommended Citation

Paul Brest, Reflections on Motive Review, 15 San Diego L. Rev. 1141 (1978).
Available at: https://digital.sandiego.edu/sdlr/vol15/iss5/6