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.
Reflections on Motive Review,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol15/iss5/6