No More Tiers? Proportionality as an Alternative to Multiple Levels of Scrutiny in Individual Rights Cases.

The article explores how the explicit adoption of proportionality analysis as a single analytical tool might lead to a more coherent approach to individual rights cases. Topics discussed include history of the creation and application of the various tiers of analysis used by the U.S. Supreme Court; proportionality analysis used by other nations' courts in a wide range of individual rights cases; and the 1905 Supreme Court case of "Lochner v. New York."