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Tel: 215.746.2185
Email: tombaker@law.upenn.edu
Expertise
- Torts
- Insurance Law
- Contracts
- Medical Malpractice
Bio
Tom Baker, a preeminent scholar in insurance law, explores insurance, risk, and responsibility using methods and perspectives drawn from economics, sociology, psychology, and history.
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Tom Baker, a preeminent scholar in insurance law, explores insurance, risk, and responsibility using methods and perspectives drawn from economics, sociology, psychology, and history. He is author of The Medical Malpractice Myth (Chicago, 2005), in which he proposes an evidence-based approach to medical liability reform. His latest book, Ensuring Corporate Misconduct (Chicago 2010), coauthored with Sean Griffith, examines relationships among liability insurance, corporate governance, and securities litigation. His latest article, “Health Insurance, Risk, and Responsibility after the Affordable Care Act” (Pennsylvania Law Review 2011), describes the new U.S. health care social contract as embodying a fair share approach to paying for health care and a responsibility to be as healthy as you can.
He is the Reporter for the American Law Institute’s Principles of Liability Insurance Project, a member of the Sloan/Sage Working Group on Behavioral Economics and Retail Financial Services, and a Senior Fellow at Penn’s Leonard Davis Institute of Health Economics.
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Representative Professional Positions
Penn Law - Deputy Dean (2010-12); William Maul Measey Professor of Law and Health Sciences (2009- ); Professor (2008-09)
University of Connecticut – Connecticut Mutual Professor of Law and Director, Insurance Law Center (1997-08)
Visiting Professor – Vanderbilt, Columbia, Hebrew University of Jerusalem
University of Miami – Associate Professor (1992-97)
Covington & Burling – Associate (1987-91)
Law Clerk to the Hon. Juan Torruella, U.S. Court of Appeals for the First Circuit (1986-87)
Representative Publications
The Law and Economics of Liability Insurance: A Theoretical and Empirical Review, in HANDBOOK ON THE ECONOMICS OF TORTS (Jennifer Arlen, ed.) (forthcoming)
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Transparency through Insurance: Mandates Dominate Discretion, in TRANSPARENCY IN THE CIVIL JUSTICE SYSTEM (Joseph Doherty & Robert T. Reville eds.). (forthcoming 2011)
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The Shifting Terrain of Risk and Uncertainty on the Liability Insurance Field, 60 DEPAUL L. REV. 521 (2011).
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Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act, 159 U. PA. L. REV. 1577 (2011).
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ENSURING CORPORATE MISCONDUCT: HOW LIABILITY INSURANCE UNDERMINES SHAREHOLDER LITIGATION (University of Chicago Press, 2010) (with Sean Griffith).
Insurance in Sociolegal Research, 6 ANN. REV. L. & SOC. SCI. 433 (2010).
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Liability Risks for After Hours Use of Public School Property to Reduce Obesity: A 50 State Survey, 80 J. SCH. HEALTH 508 (2010) (with Hania Masud).
Allowing Patients to Waive the Right to Sue for Malpractice: A Response to Thaler and Sunstein 104 Nw. U. L. REV. 233 (2010) (with Timothy Lytton).
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Tontines for the Invincibles: Enticing Low Risks Into the Health-Insurance Pool With an Idea From Insurance History and Behavioral Economics, 2010 WIS. L. REV. 79 (with Peter Siegelman).
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Bonded Import Safety Warranties, in IMPORT SAFETY: REGULATORY GOVERNANCE IN THE GLOBAL ECONOMY (Cary Coglianese, Adam Finkel & David Zaring, eds., Univ. Pa. Press, 2009).
International Association of Insurance Supervisors, in HANDBOOK OF TRANSNATIONAL ECONOMIC GOVERNANCE REGIMES (Christian Tietje and Alan Brouder, eds., 2009) (with Eryn Mathews).
Government as Risk Manager, in PRINCIPLES OF REGULATION (John Cisternino & David Moss, eds., Tobin Project, 2009) (with David Moss).
The Effects of Tort Reform on Medical Malpractice Insurers’ Ultimate Losses, 76 J. RISK & INS. 197 (2009) (with Patricia Born and Kip Viscusi)
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Liability Insurance at the Tort-Crime Boundary, in FAULT LINES: TORT LAW AND CULTURAL PRACTICE, (David M. Engel and Michael McCann, eds., Stanford Univ. Press 2009).
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How the Merits Matter: D&O Insurance and Securities Settlements, 157 U. PA. L. REV. 755 (2009) (with Sean Griffith).
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INSURANCE LAW AND POLICY: CASES, MATERIALS AND PROBLEMS (Aspen Publishing 2003; 2d ed. 2008).
Liability Insurance, Moral Luck, and Auto Accidents, 9 THEORETICAL INQUIRIES IN L. 165 (2008).
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THE MEDICAL MALPRACTICE MYTH (University of Chicago Press 2005) (paperback 2007).
The Missing Monitor in Corporate Governance: The Directors’ and Officers’ Liability Insurer, 95 GEO. L.J. 1795 (2007) (with Sean Griffith).
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Predicting Corporate Governance Risk: Evidence from the Directors’ and Officers’ Liability Insurance Market, 74 CHI. L. REV. 487 (2007) (with Sean Griffith).
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Offer of Judgment Rules and Civil Litigation: An Empirical Study of Automobile Insurance Litigation in the East, 59 VAND. L. REV. 155 (2006) (with Albert Yoon).
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Reconsidering the Harvard Medical Practice Study Conclusions about the Validity of Medical Malpractice Claims, 33 J.L. MED. & ETHICS 501 (2005).
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Liability Insurance as Tort Regulation: Six Ways that Liability Insurance Shapes Tort Law in Action, 12 CONN. INS. L.J. 1 (2005).
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The Virtues of Uncertainty in Law: An Experimental Approach, 89 IOWA L. REV. 443 (2004) (with Alon Harel and Tamar Kugler).
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On the Genealogy of Moral Hazard, 75 TEXAS L. REV. 237 (1996).
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For additional publications, please consult
Current & Recent Research
Current Working Papers
Jackpot Justice and the American Tort System: Thinking Beyond Junk Science (with Herbert M. Kritzer and Neil Vidmar) (SSRN: 2008).
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Insurance Against Misinformation in the Securities Market (SSRN: 2007).
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Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model of Federal Securities Class Action Lawsuits, __ J. EMPIRICAL L. STUD. __ (forthcoming) (with Blakely McShane, Oliver Watson & Sean Griffith). (forthcoming)
Representative Professional Activities
American Law and Economics Association. Member.
American Law Institute. Reporter, Principles of Liability Insurance Project (2010-). Preliminary Draft No.1 distributed February 17, 2011.
International Association for the Study of Insurance Economics (the Geneva Association). Scientific Committee (2003-).
Law and Society Review, Editorial Board Member (2006-)
Insurance and Society Study Group. Founder and facilitator (1997-).
New Appleman Advisory Board (2005-)
Professional Liability Underwriting Society. Academic member. Presenter in educational programs (2004, 2005, 2006, 2007, 2008, 2010).
Sloan and Russell Sage Foundations. Working group on Behavioral Economics and the Regulation of Retail Financial Markets (2008-).
Society for Empirical Legal Studies. Member.
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