An Interpretive History of Modern Equal Protection
Klarman, Michael
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- 1999Rothe Development Corp. v. United States Department of Defense W.D. Tex.
- 1997Soto v. Carrasquillo 1st Cir.
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Abstract
My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, for lack of a better term, label this enterprise "conceptual" history.