Tom Baker

University of Pennsylvania Law School

Professor of Law

3501 Sansom Street

Philadelphia, PA 19104

United States

http://www.law.upenn.edu/cf/faculty/thbaker/

SCHOLARLY PAPERS

44

DOWNLOADS
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20,871

CITATIONS
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Top 6,059

in Total Papers Citations

83

Scholarly Papers (44)

1.

Predicting Corporate Governance Risk: Evidence from the Directors' and Officers' Liability Insurance Market

Chicago Law Review, Vol. 74, p. 487, 2007
Number of pages: 58 Posted: 19 Jun 2006 Last Revised: 26 Mar 2008
Tom Baker and Sean J. Griffith
University of Pennsylvania Law School and Fordham University School of Law
Downloads 2,309 (5,077)
Citation 10

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corporate governance, insurance, securities, empirical research, qualitative research

2.

Regulating Robo Advice Across the Financial Services Industry

Iowa Law Review, Vol. 103, P. 713, 2018, U of Penn, Inst for Law & Econ Research Paper No. 17-11
Number of pages: 39 Posted: 13 Mar 2017 Last Revised: 16 Feb 2018
Tom Baker and Benedict G. C. Dellaert
University of Pennsylvania Law School and Erasmus University Rotterdam (EUR) - Erasmus School of Economics (ESE)
Downloads 1,529 (10,172)

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Banking, insurance, securities, financial technology, fintech, financial product intermediary regulation, roboadvisor, roboadvisors, robo-advisor, robo-advisors, robo adviser, robo advisers, Financial Industry Regulatory Authority, FINRA, competence, honesty, suitability, digital investment advice

3.

How the Merits Matter: D&O Insurance and Securities Settlements

University of Pennsylvania Law Review, Vol. 157, pp. 755, 2009, 3rd Annual Conference on Empirical Legal Studies Papers, U of Penn, Inst for Law & Econ Research Paper No. 08-22, Fordham Law Legal Studies Research Paper No. 1101068
Number of pages: 78 Posted: 17 May 2008 Last Revised: 03 Jun 2009
Tom Baker and Sean J. Griffith
University of Pennsylvania Law School and Fordham University School of Law
Downloads 1,264 (13,732)
Citation 3

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Securities, class actions, settlement, insurance, litigation

4.

The Missing Monitor in Corporate Governance: The Directors' & Officers' Liability Insurer

Georgetown Law Journal, Vol. 95, p. 1795, 2007
Number of pages: 48 Posted: 23 Nov 2006 Last Revised: 17 Jun 2009
Tom Baker and Sean J. Griffith
University of Pennsylvania Law School and Fordham University School of Law
Downloads 1,264 (13,732)
Citation 8

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insurance, corporate governance, directors and officers

Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model of Federal Securities Class Action Lawsuits

Journal of Empirical Legal Studies, Vol. 9, Pg. 482, Sept. 2012, U of Penn, Inst for Law & Econ Research Paper No. 12-20
Number of pages: 30 Posted: 30 Apr 2012 Last Revised: 26 Jul 2012
Northwestern University - Kellogg School of Management, Tudor Investment Corporation, University of Pennsylvania Law School and Fordham University School of Law
Downloads 1,084 (17,096)
Citation 1

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class, action, securities, fraud, lawsuit, litigation, bayesian, hierarchical

Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model of Federal Securities Class Action Lawsuits

Journal of Empirical Legal Studies, Vol. 9, Issue 3, pp. 482-510, 2012
Number of pages: 29 Posted: 25 Jul 2012
Northwestern University - Kellogg School of Management, Tudor Investment Corporation, University of Pennsylvania Law School and Fordham University School of Law
Downloads 1 (628,718)
Citation 1
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6.

Medical Malpractice and the Insurance Underwriting Cycle

Depaul Law Review, Vol. 54, May 2005
Number of pages: 46 Posted: 09 Jun 2005
Tom Baker
University of Pennsylvania Law School
Downloads 931 (21,847)
Citation 10

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insurance, medical malpractice, torts, underwriting cycle

7.

'You Want Insurance with That?' Using Behavioral Economics to Protect Consumers from Add-on Insurance Products

Connecticut Insurance Law Journal, Vol. 20, Pg. 1, 2013, U of Penn, Inst for Law & Econ Research Paper No. 13-1
Number of pages: 61 Posted: 12 Jan 2013 Last Revised: 09 May 2014
Tom Baker and Peter Siegelman
University of Pennsylvania Law School and University of Connecticut - School of Law
Downloads 783 (28,058)

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Consumer Protection Law, After-Sales Service Warranty, Extended Warranties, Add-on Insurance, Insurance Pricing, Sale Ban, Price Regulation, Situational Monopoly, Shrouded Attributes

8.

Liability Insurance as Tort Regulation: Six Ways that Liability Insurance Shapes Tort Law in Action

Connecticut Insurance Law Journal, Vol. 12, No. 1, 2005
Number of pages: 16 Posted: 27 Jun 2006
Tom Baker
University of Pennsylvania Law School
Downloads 778 (28,290)
Citation 2

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torts, insurance, liability

9.

Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act

University of Pennsylvania Law Review, Vol. 159, pp. 1577, 2011, U of Penn, Inst for Law & Econ Research Paper No. 11-03
Number of pages: 47 Posted: 13 Feb 2011 Last Revised: 12 Sep 2011
Tom Baker
University of Pennsylvania Law School
Downloads 764 (28,967)
Citation 1

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Health law, health care, insurance, insurance law, Patient Protection and Affordable Care Act

10.

The Law and Economics of Liability Insurance: A Theoretical and Empirical Review

U of Penn, Inst for Law & Econ Research Paper No. 11-09
Number of pages: 50 Posted: 13 Mar 2011 Last Revised: 27 Jan 2012
Tom Baker and Peter Siegelman
University of Pennsylvania Law School and University of Connecticut - School of Law
Downloads 762 (29,055)

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Liability insurance contracts, ex ante and ex post moral hazard, risk, social welfare, canonical model of the interaction between insurance and tort liability

11.

Containing the Promise of Insurance: Adverse Selection and Risk Classification

Number of pages: 33 Posted: 14 Oct 2002
Tom Baker
University of Pennsylvania Law School
Downloads 626 (37,937)
Citation 3

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insurance, adverse selection, risk classification

12.

Blood Money, New Money and the Moral Economy of Tort Law in Action

Number of pages: 50 Posted: 30 Mar 2001
Tom Baker
University of Pennsylvania Law School
Downloads 610 (39,236)
Citation 10

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Tort law, insurance, subrogation, settlement, professional norms

13.

Reconsidering the Harvard Medical Practice Study Conclusions About the Validity of Medical Malpractice Claims

Number of pages: 36 Posted: 20 May 2005
Tom Baker
University of Pennsylvania Law School
Downloads 593 (40,772)
Citation 4

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malpractice, health care, liability

14.

Jackpot Justice and the American Tort System: Thinking Beyond Junk Science

Number of pages: 28 Posted: 02 Jul 2008
University of Pennsylvania Law School, University of Minnesota Law School and Duke University - School of Law
Downloads 559 (44,015)
Citation 1

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Torts

15.

Insurance and the Law

Number of pages: 14 Posted: 18 Oct 2000
Tom Baker
University of Pennsylvania Law School
Downloads 557 (44,232)
Citation 2

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16.

The Virtues of Uncertainty in Law: An Experimental Approach

Iowa Law Review, Vol. 89, p. 443, 2004
Number of pages: 45 Posted: 12 Mar 2003 Last Revised: 15 Apr 2015
Tom Baker, Alon Harel and Tamar Kugler
University of Pennsylvania Law School, Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Department of Psychology
Downloads 521 (48,125)
Citation 10

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17.

Can Consumers Make Affordable Care Affordable? The Value of Choice Architecture

U of Penn, Inst for Law & Econ Research Paper No. 13-28, Columbia Business School Research Paper No. 13-56
Number of pages: 6 Posted: 11 Jul 2013 Last Revised: 24 Jan 2014
Columbia Business School - Marketing, Hebrew University of Jerusalem, University of Pennsylvania Law School, Columbia University - Department of Psychology and University of Miami
Downloads 489 (52,136)
Citation 1

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Choice Architecture, healthcare, decision making, Affordable Care Act, Insurance Decisions

The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses

Vanderbilt Law and Economics Research Paper No. 08-03
Number of pages: 29 Posted: 31 Jul 2006 Last Revised: 27 Nov 2012
Patricia Born, W. Kip Viscusi and Tom Baker
Florida State University - College of Business, Vanderbilt University - Law School and University of Pennsylvania Law School
Downloads 291 (95,489)
Citation 5

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medical malpractice, tort reform, insurance

The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses

Journal of Risk and Insurance, 2009, Vanderbilt Law and Economics Research Paper No. 08-30, FSU College of Law, Law, Business & Economics Paper No. 09-26
Number of pages: 36 Posted: 27 Dec 2008 Last Revised: 16 Oct 2009
Patricia Born, W. Kip Viscusi and Tom Baker
Florida State University - College of Business, Vanderbilt University - Law School and University of Pennsylvania Law School
Downloads 136 (196,401)
Citation 5
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tort reform, medical malpractice, insurance, insurance losses, insurers' losses

The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses

NBER Working Paper No. w12086
Number of pages: 24 Posted: 11 May 2006 Last Revised: 27 Nov 2012
Florida State University, Vanderbilt University - Law School, Florida State University - College of Business and University of Pennsylvania Law School
Downloads 51 (363,456)
Citation 5

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The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses

Journal of Risk and Insurance, Vol. 76, Issue 1, pp. 197-219, March 2009
Number of pages: 23 Posted: 27 Apr 2009
Patricia Born, W. Kip Viscusi and Tom Baker
Florida State University, Vanderbilt University - Law School and University of Pennsylvania Law School
Downloads 5 (593,514)
Citation 5
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19.

Allowing Patients to Waive the Right to Sue for Medical Malpractice: A Response to Thaler and Sunstein

Northwestern University Law Review, Vol. 104, Pg. 233, 2010, U of Penn, Inst for Law & Econ Research Paper No. 09-06, Albany Law School Research Paper No. 09-07
Number of pages: 20 Posted: 26 Feb 2009 Last Revised: 02 Oct 2010
Tom Baker and Timothy D. Lytton
University of Pennsylvania Law School and Georgia State University College of Law
Downloads 422 (62,560)

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Nudge, liberty, health care, waiver, cost-benefit analysis, behavioral economics, professional negligence, torts, liability insurance, healthcare costs, bias perception, tort compensation

20.

Liability Insurance at the Tort-Crime Boundary

U of Penn, Inst for Law & Econ Research Paper No. 08-32, U of Penn Law School, Public Law Research Paper No. 08-52
Number of pages: 19 Posted: 10 Dec 2008
Tom Baker
University of Pennsylvania Law School
Downloads 422 (62,560)
Citation 2

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Liability insurance, tort, torts, criminal law, crime torts, economic incentives, morals, moral reasoning, consequentialism, price setting, loss spreading

21.
Downloads 367 ( 73,825)

Insurance in Sociolegal Research

U of Penn, Inst for Law & Econ Research Paper No. 10-07
Number of pages: 25 Posted: 11 May 2010
Tom Baker
University of Pennsylvania Law School
Downloads 367 (73,187)

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Tort law in action, accident compensation, liability insurance as governance, decision-making, governance in other fields of law, governance in economics, risk, law and society

Insurance in Sociolegal Research

Annual Review of Law and Social Science, Vol. 6, pp. 433-447, 2010
Posted: 14 Nov 2010
Tom Baker
University of Pennsylvania Law School

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22.

Liability Insurance, Moral Luck, and Auto Accidents

Number of pages: 18 Posted: 05 Jul 2007
Tom Baker
University of Pennsylvania Law School
Downloads 362 (75,028)
Citation 1

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insurance, moral luck, philosophy, automobile, torts

23.

Tontines for the Invincibles: Enticing Low Risks Into the Health Insurance Pool With an Idea From Insurance History and Behavioral Economics

Wisconsin Law Review, Vol. 2010, Pg. 79, U of Penn, Inst for Law & Econ Research Paper No. 09-07
Number of pages: 42 Posted: 28 Feb 2009 Last Revised: 30 Sep 2010
Tom Baker and Peter Siegelman
University of Pennsylvania Law School and University of Connecticut - School of Law
Downloads 330 (83,470)

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Health law and policy, insuring healthy young adults, health coverage, risk, tontine, law and economics, cognitive bias, irrational insurance behavior

24.

Mutually Assured Protection Among Large U.S. Law Firms

Connecticut Insurance Law Journal, Vol. 24, p. 1, 2017, U of Penn, Inst for Law & Econ Research Paper No. 16-17
Number of pages: 62 Posted: 11 Aug 2016 Last Revised: 12 Feb 2018
Tom Baker and Rick Swedloff
University of Pennsylvania Law School and Rutgers Law School
Downloads 318 (86,957)

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Insurance Law, Legal Malpractice, Lawyers' Professional Liability Insurance, Professional Responsibility, Ethics, Damages, Large Firm Liability, Mutual Insurance, Stock Insurers, Reinsurance, Risk

25.

Regulation by Liability Insurance: From Auto to Lawyers Professional Liability

UCLA Law Review, vol. 60, p. 1412, 2013, U of Penn, Inst for Law & Econ Research Paper No. 13-4
Number of pages: 40 Posted: 09 Feb 2013 Last Revised: 04 Sep 2013
Tom Baker and Rick Swedloff
University of Pennsylvania Law School and Rutgers Law School
Downloads 305 (91,074)

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Liability insurance, administrative regulation, risk, behavior, directors and officers liability insurance, car insurance, insurance for guns, malpractice insurance

26.

Insuring Morality

Number of pages: 29 Posted: 04 Nov 2000
Tom Baker
University of Pennsylvania Law School
Downloads 257 (109,455)
Citation 1

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27.

Liability Insurer Data as a Window on Lawyers’ Professional Liability

UC Irvine Law Review, Vol. 5, P. 1273, 2015, U of Penn, Inst for Law & Econ Research Paper No. 15-16
Number of pages: 45 Posted: 03 May 2015 Last Revised: 28 Aug 2016
Tom Baker and Rick Swedloff
University of Pennsylvania Law School and Rutgers Law School
Downloads 256 (109,889)

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Torts, professional negligence, legal malpractice, professional responsibility, ethics, insurance, damages, empirical studies, quantitative analysis, liability insurance premia, large firm liability, small firm lawyer liability, lack of mandatory reporting

28.

Liability Insurance and the Regulation of Firearms

SUING THE FIREARMS INDUSTRY, T. Lytton, ed., University of Michigan Press, 2005
Number of pages: 40 Posted: 20 Nov 2004
Tom Baker and Thomas O. Farrish
University of Pennsylvania Law School and University of Connecticut - School of Law
Downloads 231 (122,018)

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Insurance, guns, regulation

The Shifting Terrain of Risk and Uncertainty on the Liability Insurance Field

DePaul Law Review, Vol. 60, P. 521, 2011, U of Penn, Inst for Law & Econ Research Paper No. 10-32
Number of pages: 18 Posted: 08 Dec 2010 Last Revised: 05 Aug 2013
Tom Baker
University of Pennsylvania Law School
Downloads 224 (125,361)
Citation 1

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torts, liability insurance, property insurance, relative premiums, empirical research, risk, uncertainty, premia, tort reform, insurance underwriting cycle

The Shifting Terrain of Risk and Uncertainty on the Liability Insurance Field

Journal of Financial Perspectives, Vol. 1, No. 3, 2013
Number of pages: 15 Posted: 29 Nov 2017
Tom Baker
University of Pennsylvania Law School
Downloads 5 (593,514)
Citation 1

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30.

In Defense of the Restatement of Liability Insurance Law

George Mason Law Review, Vol. 24, P. 767, 2017., U of Michigan Law & Econ Research Paper No. 17-001, U of Penn, Inst for Law & Econ Research Paper No. 17-15
Number of pages: 34 Posted: 14 Apr 2017 Last Revised: 06 Jun 2018
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School
Downloads 221 (127,512)

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Insurance law, Restatement of Law Liability Insurance, RLLI, common law, insurers' defense obligations & costs, bias, markets, risk, risks, contracts, doctrine of contra proferentem, misrepresentation, duty to defend or make reasonable settlement decisions, empirical & behavioral economics

31.

Mandatory Rules and Default Rules in Insurance Contracts

In The Law & Economics of Insurance (Elgar Publishing, Forthcoming), U of Michigan Law & Econ Research Paper No. 13-024, U of Michigan Public Law Research Paper No. 377, U of Penn, Inst for Law & Econ Research Paper No. 13-38
Number of pages: 43 Posted: 21 Dec 2013 Last Revised: 05 Sep 2014
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School
Downloads 218 (129,191)

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contract law, insurance, rules, default, mandatory

32.

Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis

Published in: Doron Teichman & Eyal Zamir (eds.), Oxford Handbook of Behavioral Economics and the Law (2014)
Number of pages: 28 Posted: 28 Jan 2014 Last Revised: 09 Nov 2015
Tom Baker and Peter Siegelman
University of Pennsylvania Law School and University of Connecticut - School of Law
Downloads 177 (156,725)

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Insurance, law & economics, rational behavior, informational asymmetry, equilibrium

33.

Transparency through Insurance: Mandates Dominate Discretion

U of Penn, Inst for Law & Econ Research Paper No. 09-20
Number of pages: 23 Posted: 28 May 2009
Tom Baker
University of Pennsylvania Law School
Downloads 166 (165,837)

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Liability insurance, civil justice system, empirical research, incomplete knowledge, bias, transparency, mandatory disclosure of liability insurance data, expansion of mandatory claims reporting

34.

Insurance Against Misinformation in the Securities Market

Number of pages: 55 Posted: 04 Sep 2007
Tom Baker
University of Pennsylvania Law School
Downloads 162 (169,365)

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insurance, securities, regulation, financial markets

35.

Defending the Restatement of the Law, Liability Insurance: 'Regulatory Considerations'

Number of pages: 18 Posted: 20 Apr 2017
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School
Downloads 136 (195,797)

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36.

Behavioral Finance, Decumulation and the Regulatory Strategy for Robo-Advice

U of Penn, Inst for Law & Econ Research Paper No. 18-19
Number of pages: 36 Posted: 26 Jul 2018
Tom Baker and Benedict G. C. Dellaert
University of Pennsylvania Law School and Erasmus University Rotterdam (EUR) - Erasmus School of Economics (ESE)
Downloads 79 (285,076)

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Investment advice, financial services, automated decumulation, retirement planning, robo advisers, robo-advisers, roboadvisers, longevity risk management, consumer protection, behavioral effects, regulatory requirements

37.

How Liability Insurers Protect Patients and Improve Safety

DePaul Law Review, Forthcoming, U of Penn, Inst for Law & Econ Research Paper No. 18-20, U of Texas Law, Law and Econ Research Paper No. 582
Number of pages: 38 Posted: 27 Jul 2018 Last Revised: 01 Aug 2018
Tom Baker and Charles Silver
University of Pennsylvania Law School and University of Texas at Austin - School of Law
Downloads 66 (315,362)

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Law and economics, torts, health care, healthcare providers, doctors, hospitals, medical malpractice, liability insurance, risk management, insurance as governance, incentives, moral hazard, patient safety organizations, PSOs

38.

Everything's Bigger in Texas: Except the Medmal Settlements

Connecticut Insurance Law Journal, Vol. 22, P. 1, 2016, Claremont McKenna College Robert Day School of Economics and Finance Research Paper No. 2865900, U of Penn, Inst for Law & Econ Research Paper No. 16-27
Number of pages: 47 Posted: 08 Nov 2016
Tom Baker, Eric Helland and Jonathan Klick
University of Pennsylvania Law School, Claremont McKenna College - Robert Day School of Economics and Finance and University of Pennsylvania Law School
Downloads 62 (325,743)

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Empirical Legal Studies, Blood Money, Tort Law, Medical Malpractice Litigation, Doctors, Insurance, Settlements, Incentives, Personal Bankruptcy, Homestead Exemption

39.

Tontines for the Young Invincibles

Regulation, pp. 20-26, Winter 2009-2010
Number of pages: 7 Posted: 12 Jan 2010
Tom Baker and Peter Siegelman
University of Pennsylvania Law School and University of Connecticut - School of Law
Downloads 61 (328,422)
Citation 1

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40.

The Forfeiture of Coverage Defenses Rule: An Economic Analysis

Northwestern Law & Econ Research Paper No. 17-10, U of Penn, Inst for Law & Econ Research Paper No. 17-32, U of Michigan Law & Econ Research Paper No. 17-013
Number of pages: 21 Posted: 02 Aug 2017 Last Revised: 08 Aug 2017
Tom Baker, Ezra Friedman and Kyle D. Logue
University of Pennsylvania Law School, Northwestern University - Pritzker School of Law and University of Michigan Law School
Downloads 44 (380,135)

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Insurance, Liability Insurance, Restatement of the Law: Liability Insurance, Moral Hazard, Duty to Defend, Forfeiture of Coverage Defenses

41.

Partitioning Sorted Sets: Overcoming Choice Overload While Maintaining Decision Quality

Columbia Business School Research Paper No. 18-2
Number of pages: 59 Posted: 05 Dec 2017
Erasmus University Rotterdam (EUR) - Erasmus School of Economics (ESE), University of Pennsylvania Law School and Columbia Business School - Marketing
Downloads 38 (401,714)

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Choice architecture, Partitioning, Sorting, Decision Making, Product Recommendations

42.

Offer-of-Judgment Rules and Civil Litigation: An Empirical Study of Automobile Insurance Litigation in the East

Vanderbilt Law Review, Vol. 59, No. 1, pp. 155-196, 2006
Number of pages: 42 Posted: 28 Jun 2013
Albert Yoon and Tom Baker
University of Toronto - Faculty of Law and University of Pennsylvania Law School
Downloads 35 (413,713)
Citation 6

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43.

The New Health Care Federalism: An Empirical and Theoretical Assessment of Federalism Dynamics in Health Care and Beyond

U of Penn Law School, Public Law Research Paper No. 14-34, Yale Law School, Public Law Research Paper No. 525
Posted: 16 Oct 2014 Last Revised: 09 Jan 2015
University of Pennsylvania Law School, Yale University - Law School, Boston University - School of Public Health and University of Pennsylvania Law School

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health law, constitutional law, legislation, health care federalism, empirical, insurance, Medicaid, ACA, Affordable Care Act, PPACA, Obamacare, healthcare reform, shared state-federal policymaking

44.

Putting Health Back into Health Insurance Choice

Medical Care Research and Review, Forthcoming
Posted: 04 Apr 2014
Pavel D. Atanasov and Tom Baker
University of Pennsylvania and University of Pennsylvania Law School

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Health Insurance Choice, Employer Health Plans, Consumer Choice

Other Papers (2)

Total Downloads: 260    Citations: 1
1.

Teaching Real Torts: Using Barry Werth's Damages in the Law School Classroom

Nevada Law Journal, Forthcoming
Number of pages: 19 Posted: 10 Oct 2005
Tom Baker
University of Pennsylvania Law School
Downloads 156

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Torts, damages, insurance, Sabia v. Norwalk Hospital

2.

Liability and Insurance after September 11: Embracing Risk Meets the Precautionary Principle

U. of Connecticut School of Law Working Paper No. 4
Number of pages: 18 Posted: 10 Oct 2005
Tom Baker
University of Pennsylvania Law School
Downloads 104 (311,825)
Citation 1

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Risk, insurance, liability, September 11, insurance regulations, assessment approach