Jean Sternlight’s Oregon Law Review article “Tsunami” is now available online here. It includes a thorough but accessible survey of the range of judicial responses to the Concepcion decision, along with an overview of some possible legislative and administrative responses. The article makes for really good reading, unless you pay careful attention to what these developments may mean for the future of access to justice, in which case the article is as disturbing as its author intends.
MM
Concepion is going to have some very long ranging consequences.