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Opting out of liability: the forthcoming, near-total demise of the modern class action.

 
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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