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Tom Baker

William Maul Measey Professor of Law and Health Sciences

Tom Baker

Tom Baker, a preeminent scholar in insurance law, explores insurance, risk, and responsibility using methods and perspectives drawn from economics, sociology, psychology, and history. His research on health insurance exchanges is informing the development of decision tools to improve consumer choice. Continue reading…


  • Insurance Law
  • Torts
  • Health Care Policy
  • Health Economics
  • Behavioral Economics
  • Law and Economics
  • Law and Society
  • Litigation
  • Medical Malpractice
  • Social Science and the Law
  • Contracts


[Available Here]

INSURANCE LAW AND POLICY: CASES, MATERIALS AND PROBLEMS (Aspen Publishing 2003; 2d ed. 2008; 3d ed. 2013).
[Available Here]

THE MEDICAL MALPRACTICE MYTH (University of Chicago Press 2005) (paperback 2007).
[Available Here]

EMBRACING RISK: THE CHANGING CULTURE OF INSURANCE AND RESPONSIBILITY (contributing editor, with Jonathan Simon, University of Chicago Press 2002).
[Available Here]

Articles and Book Chapters

Mandatory Rules and Default Rules in Insurance Contracts, in RESEARCH HANDBOOK ON THE ECONOMICS OF INSURANCE LAW (Daniel Schwarcz & Peter Siegelman eds., Elgar 2015) (with Kyle D. Logue).

Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis, in THE OXFORD HANDBOOK OF BEHAVIORAL ECONOMICS AND THE LAW (Eyal Zamir and Doron Teichman, eds., Oxford 2014) (with Peter Siegelman).

Can Consumers Make Affordable Care Affordable? The Value of Choice Architecture, 8(12) PLOS ONE (December 18, 2013) (with Eric J. Johnson, Ran Hassin, Allison T. Bajger, & Galen Treuer) (DOI: 10.1371/journal.pone.0081521).

“You Want Insurance with That?” Using Behavioral Economics to Protect Consumers from Add-on Insurance Products, 20 CONN. INS. L.J. 1 (2013) (with Peter Siegelman).

The Law and Economics of Liability Insurance: A Theoretical and Empirical Review, in RESEARCH HANDBOOK ON THE ECONOMICS OF TORTS 169 (Jennifer Arlen ed., Elgar 2013), reprinted in RESEARCH HANDBOOOK ON THE ECONOMICS OF INSURANCE LAW 488 (Daniel Schwarcz & Peter Siegelman eds., Elgar 2015) (with Peter Siegelman).

Regulation by Liability Insurance: From Auto to Lawyers Professional Liability, 60 UCLA L. REV. 1412 (2013) (with Rick Swedloff).

Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model of Federal Securities Class Action Lawsuits, 9 J. EMPIRICAL L. STUD. 482 (2012) (with Blakely McShane, Oliver Watson & Sean Griffith).

Transparency through Insurance: Mandates Dominate Discretion, in TRANSPARENCY IN THE CIVIL JUSTICE SYSTEM (Joseph Doherty, Robert T. Reville & Laura Zakaras eds., 2012).

The Shifting Terrain of Risk and Uncertainty on the Liability Insurance Field, 60 DEPAUL L. REV. 521 (2011).

Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act, 159 U. PA. L. REV. 1577 (2011).

Insurance in Sociolegal Research, 6 ANN. REV. L. & SOC. SCI. 433 (2010).

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).

Bonded Import Safety Warranties, in IMPORT SAFETY: REGULATORY GOVERNANCE IN THE GLOBAL ECONOMY (Cary Coglianese, Adam Finkel & David Zaring, eds., Univ. Pa. Press, 2009).

The Effects of Tort Reform on Medical Malpractice Insurers’ Ultimate Losses, 76 J. RISK & INS. 197 (2009) (with Patricia Born and Kip Viscusi)

How the Merits Matter: D&O Insurance and Securities Settlements, 157 U. PA. L. REV. 755 (2009) (with Sean Griffith).

The Missing Monitor in Corporate Governance: The Directors’ and Officers’ Liability Insurer, 95 GEO. L.J. 1795 (2007) (with Sean Griffith), reprinted in LAW AND ECONOMICS OF INSURANCE (Daniel Schwarcz ed., Elgar 2012).

Predicting Corporate Governance Risk: Evidence from the Directors’ and Officers’ Liability Insurance Market, 74 CHI. L. REV. 487 (2007) (with Sean Griffith).

Reconsidering the Harvard Medical Practice Study Conclusions about the Validity of Medical Malpractice Claims, 33 J.L. MED. & ETHICS 501 (2005).

Liability Insurance as Tort Regulation: Six Ways that Liability Insurance Shapes Tort Law in Action, 12 CONN. INS. L.J. 1 (2005).

Blood Money, New Money and the Moral Economy of Tort Law in Action, 35 L. & SOC’Y REV. 275 (2001).

On the Genealogy of Moral Hazard, 75 TEXAS L. REV. 237 (1996), reprinted in LAW AND ECONOMICS OF INSURANCE (Daniel Schwarcz ed., Elgar 2012).

More publications can be found here.

Working Papers

Liability Insurer Data as a Window on Lawyers’ Professional Liability (April 27, 2015), UC IRVINE L. REV., forthcoming; U of Penn, Inst for Law & Econ Research Paper No. 15-16 (with Rick Swedloff). (forthcoming)
[View Document]

Can Consumers Make Affordable Care Affordable? The Value of Choice Architecture, U. Pa. Inst. for Law & Econ., Research Paper No. 13-28 (with Eric J. Johnson, Ran Hassin, Allison T. Bajger, and Galen Treuer)
[View Document]

Jackpot Justice and the American Tort System: Thinking Beyond Junk Science (with Herbert M. Kritzer and Neil Vidmar) (SSRN: 2008).
[View Document]

Insurance Against Misinformation in the Securities Market (SSRN: 2007).
[View Document]

Research Areas

  • Health Insurance
  • Liability and Insurance
  • Insurance Regulation
  • Reinsurance
  • Risk Management


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)

Professional Activities

Society for Empirical Legal Studies.

American Law and Economics Association.

American Law Institute. Reporter, Principles of Liability Insurance Project (2010-).

Insurance and Society Study Group. Founder and facilitator (1997-2008).

New Appleman Advisory Board.

Professional Liability Underwriting Society.

Sloan and Russell Sage Foundations. Working group on Behavioral Economics and the Regulation of Retail Financial Markets.

Picwell, Inc. Co-founder.


  • Torts
  • Insurance Law and Policy
  • Regulation of Health Insurance Markets
  • Risk Management
  • Insurance Insolvency

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