• Publications
  • Influence
How to Sue a Robot
We are entering the age of robots where autonomous robots will drive our cars, milk cows, drill for oil, invest in stock, mine coal, build houses, pick strawberries, and work as surgeons. Robots, inExpand
MDL Immunity: Lessons from the National Prescription Opiate Litigation
  • R. Michalski
  • Political Science
  • SSRN Electronic Journal
  • 3 November 2019
Federal multi-district litigation (“MDL”) suffers from a massive blind spot that has largely escaped notice: it only selects cases based on “convenience,” “efficiency,” and the preservation ofExpand
Twombly and Iqbal at the State Level
This article contributes to the empirical literature on pleading standards by studying the effect of Twombly and Iqbal at the state level. States account for the majority of civil litigation, yetExpand
The Clash of Procedural Values
Should civil litigation be fast, inexpensive or accurate? When these goals clash, which one should prevail? These questions are the subject of countless court opinions, policy arguments, academicExpand
Pleading and Proving Foreign Law in the Age of Plausibility Pleading
Economic and social globalization has increased the volume of globalized litigation, with courts in the United States increasingly called upon to determine questions of foreign law. At best, pleadingExpand
Police Executive Opinions of Legal Regulation
By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation. At various times, policymakers have decried external policeExpand
Democracy on a Shoestring
Democracy is expensive. Voters must be registered, voting rolls updated, election dates advertised, voting technology purchased and tested, poll workers trained, ballots designed, votes counted andExpand
The Million Dollar Diversity Docket
What would happen if Congress raised the jurisdictional amount in the diversity jurisdiction statute? Given that it has been almost 25 years since the last increase, we are probably overdue forExpand