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Opting out of liability: the forthcoming, near-total demise of the modern class action.
- Article from:
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Michigan Law Review
- Article date:
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December 1, 2005
- Author:
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Copyright informationCOPYRIGHT 2005 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
I. THE DEMISE OF MASS TORT CLASS ACTIONS
A. The Short Story of "Mass-Class"
B. The Lesson of Mass-Class
II. THE COLLECTIVE ACTION WAIVER
A. Arbitration Hegemony
B. The Birth of the Collective Action Waiver
1. The Clandestine Role of the Credit Card Industry
C. First-Wave Challenges
1. Unconscionability
a. California's Minority Position
b. The Future of Unconscionability
2. Facial Inconsistency of Arbitration with
Federal Statutory Rights
D. Second-Wave Challenges
E. The Chimera of Classwide Arbitration
III. THE REACH OF COLLECTIVE ...
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