The Costs of Motive-Centered Inquiry

This commentary addresses why a motive-centered theory, such as the one proposed by Professor Simon, will damage the cause of racial justice in this country if the theory became entrenched as constitutional doctrine. The author claims that such a theory places a heavy burden on persuasion on the wrong side of the dispute and forces litigants in a race case into name-calling on one side and self-righteousness on the other side.