One of the reasons why I haven't written an article on bias crimes or affirmative action is that I can't make up my mind about these issues. I am ashamed to admit this. But I am struggling to find a textual basis of support backed by sound public policy concerns about effectiveness and distributive justice that is not contravened by my belief in balancing liberty concerns and other egalitarian norms.
Sigh. I hate admitting this. But hey, this is why I do very narrowly focused work nowadays. I am not as flip-floppy about pregnancy discrimination or sexual harassment. Far from it. I wonder if one needs conviction or certainty in order to stake a scholarly claim, or if by staking a scholarly claim one acquires a sense of (justificatory?) conviction.