Daniel Schwarcz

University of Minnesota Law School

Professor of Law

229 19th Avenue South

Minneapolis, MN 55455

United States

http://www.law.umn.edu/profiles/daniel-schwarcz

View CV
SCHOLARLY PAPERS

26

DOWNLOADS
Rank 3,201

SSRN RANKINGS

Top 3,201

in Total Papers Downloads

9,171

CITATIONS
Rank 18,662

SSRN RANKINGS

Top 18,662

in Total Papers Citations

17

Scholarly Papers (26)

1.

Reevaluating Standardized Insurance Policies

University of Chicago Law Review, Vol. 78, p. 1263, 2011, Minnesota Legal Studies Research Paper No. 10-65
Number of pages: 88 Posted: 06 Oct 2010 Last Revised: 29 Nov 2011
Daniel Schwarcz
University of Minnesota Law School
Downloads 1,739 (6,146)
Citation 1

Abstract:

Homeowners insurance, insurance, personal lines, transparency, state regulation, standard form contracts

2.

Will Employers Undermine Health Care Reform by Dumping Sick Employees?

Virginia Law Review, Vol. 97, p. 125, 2011, Minnesota Legal Studies Research Paper No. 10-37
Number of pages: 74 Posted: 02 Aug 2010 Last Revised: 04 May 2011
Amy Monahan and Daniel Schwarcz
University of Minnesota - Twin Cities - School of Law and University of Minnesota Law School
Downloads 1,199 (12,020)
Citation 2

Abstract:

health care reform, employer health insurance, health insurance markets

3.

Regulating Systemic Risk in Insurance

University of Chicago Law Review, Vol. 81, No. 4, 2014, Minnesota Legal Studies Research Paper No. 14-18
Number of pages: 72 Posted: 06 Mar 2014 Last Revised: 10 Jan 2015
Daniel Schwarcz and Steven L. Schwarcz
University of Minnesota Law School and Duke University School of Law
Downloads 739 (19,948)
Citation 1

Abstract:

4.

Redesigning Consumer Dispute Resolution: A Case Study of the British and American Approaches to Insurance Claims Conflict

Tulane Law Review, Vol. 83, No. 735, 2009, Minnesota Legal Studies Research Paper No. 08-52
Number of pages: 78 Posted: 28 Jul 2008 Last Revised: 28 Mar 2014
Daniel Schwarcz
University of Minnesota Law School
Downloads 518 (35,696)
Citation 4

Abstract:

Insurance, ADR, Consumer Financial Services, Innsurance Regulation

5.

Beyond Disclosure: The Case for Banning Contingent Commissions

Yale Law & Policy Review, Vol. 25, p. 289, 2007, Minnesota Legal Studies Research Paper No. 07-52
Number of pages: 48 Posted: 21 Dec 2006 Last Revised: 28 Mar 2014
Daniel Schwarcz
University of Minnesota Law School
Downloads 517 (37,890)
Citation 4

Abstract:

Insurance, Regulation, Contingent Commissions, Independent Intermediaries, Insurance Agents, Insurance Brokers

6.

A Products Liability Theory for the Judicial Regulation of Insurance Policies

William & Mary Law Review, Vol. 48, p. 1389, 2007, Minnesota Legal Studies Research Paper No. 06-70
Number of pages: 75 Posted: 10 Aug 2006 Last Revised: 28 Mar 2014
Daniel Schwarcz
University of Minnesota Law School
Downloads 357 (62,175)
Citation 1

Abstract:

Insurance, Products Liability Law, Judicial Regulation, Reasonable Expectations Doctrine

7.

Understanding Insurance Anti-Discrimination Laws

U of Michigan Law & Econ Research Paper No. 12-017, U of Michigan Public Law Research Paper No. 289, U of Texas Law, Law and Econ Research Paper No. 234, Minnesota Legal Studies Research Paper No. 12-45
Number of pages: 80 Posted: 25 Aug 2012 Last Revised: 02 Mar 2016
Ronen Avraham, Kyle D. Logue and Daniel Schwarcz
University of Texas at Austin - School of Law, University of Michigan Law School and University of Minnesota Law School
Downloads 355 (55,499)
Citation 1

Abstract:

Civil Rights and Discrimination, Economics, Insurance Law, Law and Economics

8.

Regulating Consumer Demand in Insurance Markets

Erasmus Law Review, Vol. 3, No. 1, p. 23, 2010, Minnesota Legal Studies Research Paper No. 10-24
Number of pages: 25 Posted: 23 Mar 2010 Last Revised: 13 Sep 2010
Daniel Schwarcz
University of Minnesota Law School
Downloads 296 (79,719)
Citation 1

Abstract:

Insurance, Demand Anomalies, Libertarian Paternalism, Expected Utility Theory

9.

Transparently Opaque: Understanding the Lack of Transparency in Insurance Consumer Protection

61 UCLA Law Review 394 (2014), Minnesota Legal Studies Research Paper No. 12-35
Number of pages: 69 Posted: 17 Aug 2012 Last Revised: 21 Mar 2014
Daniel Schwarcz
University of Minnesota Law School
Downloads 254 (83,250)

Abstract:

Insurance, Consumer Protection, Transparency, Financial Regulation

10.

Saving Small Employer Health Insurance

Minnesota Legal Studies Research Paper No. 12-36
Number of pages: 47 Posted: 30 Aug 2012
Amy Monahan and Daniel Schwarcz
University of Minnesota - Twin Cities - School of Law and University of Minnesota Law School
Downloads 231 (101,784)

Abstract:

Health care reform, small employer health insurance, self-insurance

11.

Regulating Insurance Sales or Selling Insurance Regulation?: Against Regulatory Competition in Insurance

Minnesota Law Review, Vol. 94, p. 1707, 2010, Minnesota Legal Studies Research Paper No. 09-53
Number of pages: 82 Posted: 09 Nov 2009 Last Revised: 27 May 2010
Daniel Schwarcz
University of Minnesota Law School
Downloads 226 (98,372)
Citation 2

Abstract:

Insurance, Financial Regulation, Optional Federal Charter, Regulatory Competition

12.

Regulatory Contrarians

North Carolina Law Review, Vol. 88, 2011, Minnesota Legal Studies Research Paper No. 10-64
Number of pages: 52 Posted: 20 Nov 2010 Last Revised: 25 Jun 2011
Brett McDonnell and Daniel Schwarcz
University of Minnesota Law School and University of Minnesota Law School
Downloads 183 (124,503)

Abstract:

financial regulation, contrarians, Dodd-Frank

13.

Differential Compensation and the 'Race to the Bottom' in Consumer Insurance Markets

Connecticut Insurance Law Journal, Vol. 15, p. 723, 2009, Minnesota Legal Studies Research Paper No. 09-55
Number of pages: 32 Posted: 26 Jan 2009 Last Revised: 27 Mar 2014
Daniel Schwarcz
University of Minnesota Law School
Downloads 152 (141,481)

Abstract:

Insurance, Commissions, Contingent Commissions, Agents, Brokers, Intermediaries

14.

Insurance Agents in the 21st Century: The Problem of Biased Advice

Forthcoming. in D. Schwarcz & P. Siegelman (eds), Handbook on the Economics of Insurance Law(Edw. Elgar, 2015)
Number of pages: 31 Posted: 25 Aug 2014 Last Revised: 22 Aug 2015
Daniel Schwarcz and Peter Siegelman
University of Minnesota Law School and University of Connecticut - School of Law
Downloads 134 (104,977)

Abstract:

insurance, agent

15.

Preventing Capture Through Consumer Empowerment Programs: Some Evidence from Insurance Regulation

Minnesota Legal Studies Research Paper No. 12-06
Number of pages: 48 Posted: 12 Jan 2012
Daniel Schwarcz
University of Minnesota Law School
Downloads 131 (147,630)

Abstract:

Regulatory Capture, Insurance Regulation, Tripartism, Proxy Advocacy,

16.

Monitoring, Reporting, and Recalling Defective Financial Products

2013 University of Chicago Legal Forum 409, Minnesota Legal Studies Research Paper 13-26
Number of pages: 24 Posted: 08 May 2013 Last Revised: 03 Nov 2015
Daniel Schwarcz
University of Minnesota Law School
Downloads 100 (192,717)

Abstract:

Product Recall, Ability to Repay, Suitability, Consumer Protection, Consumer Financial Protection Bureau

17.

The Risks of Shadow Insurance

50 Georgia Law Review 163 (2015)
Number of pages: 50 Posted: 14 Jul 2015 Last Revised: 15 Jan 2016
Daniel Schwarcz
University of Minnesota Law School
Downloads 88 (103,114)

Abstract:

Shadow Insurance, Systemic Risk, Insurance Regulation, Captive Reinsurance

18.

Explaining Variation in Insurance Anti-Discrimination Laws

U of Texas Law, Law and Econ Research Paper No. 522, Minnesota Legal Studies Research Paper No. 13-54, U of Michigan Law & Econ Research Paper No. 13-018
Number of pages: 44 Posted: 27 Aug 2013 Last Revised: 30 Sep 2015
Ronen Avraham, Kyle D. Logue and Daniel Schwarcz
University of Texas at Austin - School of Law, University of Michigan Law School and University of Minnesota Law School
Downloads 73 (223,805)

Abstract:

19.

A Critical Take on Group Regulation of Insurers in the United States

U. Cal. Irv. L. Rev., 2015, Forthcoming, Minnesota Legal Studies Research Paper No. 15-12
Number of pages: 22 Posted: 16 Apr 2015 Last Revised: 25 Jul 2015
Daniel Schwarcz
University of Minnesota Law School
Downloads 52 (233,525)

Abstract:

Insurance, Regulation, Group Regulation, Consolidated Regulation, State Insurance Regulation, Solvency Regulation, Systemic Risk

20.

Amicus Brief of Scholars of Insurance Regulation in MetLife v. FSOC

Number of pages: 28 Posted: 30 May 2015
Deepak Gupta and Daniel Schwarcz
Gupta/Beck and University of Minnesota Law School
Downloads 38 (257,696)

Abstract:

State insurance regulation, systemic risk, MetLife, FSOC, SIFI

21.

Research Handbook on the Economics of Insurance Law: Introduction

Forthcoming in Research Handbook in the Economics of Insurance Law (Edw. Elgar: 2015)
Number of pages: 12 Posted: 31 Aug 2015
Daniel Schwarcz and Peter Siegelman
University of Minnesota Law School and University of Connecticut - School of Law
Downloads 22 (306,483)

Abstract:

insurance

22.

Limiting the ACA's Threats to Small Group Health Insurance Markets

Risk Management and Insurance Review, Vol. 16, Issue 1, pp. 25-34, 2013
Number of pages: 10 Posted: 27 Mar 2013
Amy Monahan and Daniel Schwarcz
University of Minnesota - Twin Cities - School of Law and University of Minnesota Law School
Downloads 1 (521,734)

Abstract:

23.

Regulation by Threat: Dodd-Frank and the Non-Bank Problem

Minnesota Legal Studies Research Paper No. 16-42
Number of pages: 61 Posted: 08 Nov 2016 Last Revised: 13 Feb 2017
Daniel Schwarcz and David T. Zaring
University of Minnesota Law School and University of Pennsylvania - Legal Studies Department
Downloads 0 (261,746)

Abstract:

FSOC, Dodd-Frank, SIFI, Designation, Systemic Risk

24.

Coverage Information in Insurance Law

Minnesota Law Review, Forthcoming, Minnesota Legal Studies Research Paper No. 16-30
Number of pages: 59 Posted: 01 Aug 2016 Last Revised: 03 Dec 2016
Daniel Schwarcz
University of Minnesota Law School
Downloads 0 (192,717)

Abstract:

Insurance, Coverage, Interpretation, Ambiguity Rule, Reasonable Expectations

25.

The Impact of Individualized Feedback on Law Student Performance

67 Journal of Legal Education (2017 Forthcoming), Minnesota Legal Studies Research Paper No. 16-13
Number of pages: 42 Posted: 01 May 2016 Last Revised: 02 Dec 2016
Daniel Schwarcz and Dion Farganis
University of Minnesota Law School and University of Minnesota - Twin Cities - School of Law
Downloads 0 (32,672)

Abstract:

Formative Feedback, Law School Education, Individualized Feedback

26.

Do Credit-Based Insurance Scores Proxy for Income in Predicting Auto Claim Risk?

J. Empirical Legal Stud., Forthcoming
Number of pages: 33 Posted: 03 Nov 2015 Last Revised: 16 Aug 2016
Government of the United States of America - Bureau of the Census, University of Minnesota Law School and Georgetown University Law Center
Downloads 0 (183,094)

Abstract:

auto insurance, income, insurance score, proxy