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.
An Interpretive History of Modern Equal Protection,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol90/iss2/2