In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court's decisions in Concepcion and American Express. These decisions permitted corporations to opt out of class action liability through the use of arbitration clauses, and many...

In this essay, I review Justice Scalia's class action jurisprudence. Although the Justice was not a consistent vote against class actions, two of his opinions -- interpreting the Federal Arbitration Act -- have done more to hinder class action lawsuits than any Supreme Court opinions before or...