“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23, everything looks like a class action, ready to be dismantled.”
Am. Express Co. v. Italian Colors Rest., 133 S. Ct. 2304, 2320 (2013) (Kagan, J., dissenting).
Stephen B. Burbank is the David Berger Professor for the Administration of Justice at the University of Pennsylvania Law School. Sean Farhang is Professor of Law and Associate Professor of Political Science and Public Policy at the University of California, Berkeley.
