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Daniel Schwarcz

Associate Professor of Law; Solly Robins Distinguished Research Fellow

Daniel Schwarcz

320 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-625-4272

schwarcz@umn.edu

Amherst College, A.B.
Harvard Law School, J.D.

Professor Daniel Schwarcz's research primarily focuses on consumer protection and regulation in property/casualty and health insurance markets. His articles have been published, or accepted for publication, in the University of Chicago Law Review, Virginia Law Review, Minnesota Law Review, North Carolina Law Review, William and Mary Law Review, and Tulane Law Review. Additionally, he is the editor of a book entitled, The Law and Economics of Insurance and recently joined the casebook, Abraham's Insurance Law and Regulation, which has been used as the principal text in courses on insurance law in more than 100 American law schools. In 2011, his article, "Reevaluating Standardized Insurance Policies," received the Liberty Mutual Prize for an exceptional article on insurance law and regulation.

Professor Schwarcz teaches insurance law, health care regulation and finance, contract law, and commercial law. He was named the Stanley V. Kinyon Overall Teacher of the Year for 2011-2012 and the Stanley V. Kinyon Tenure-Track Teacher of the Year for 2007-2008. Additionally, he serves as a Funded Consumer Representative to the National Association of Insurance Commissioners and has served as an expert witness in multiple insurance-related disputes.

Professor Schwarcz earned his A.B., magna cum laude, from Amherst College and his J.D., magna cum laude, from Harvard Law School. While in law school, he was an Articles Editor for the Harvard Law Review and a John M. Olin Fellow in Law and Economics. After law school, he clerked for Judge Sandra Lynch on the United States Court of Appeals for the First Circuit and practiced at the law firm Ropes & Gray, where he worked mainly on insurance law matters. He subsequently spent two years as a Climenko Fellow and Lecturer on Law at Harvard Law School.

For further information on Professor Schwarcz, please consult his résumé.


PUBLICATIONS

Books

Research Handbook on the Law and Economics of Insurance (Edward Elgar Publishing, forthcoming 2014) (co-editor with Peter Siegelman)

The Law and Economics of Insurance (Edward Elgar Publishing, 2012) (editor)

Healthcare Supplement to Abraham's Insurance Law and Regulation (Foundation Press, 5th ed., 2010) (co-editor with Kenneth S. Abraham)

Book Chapters

Preventing Capture Through Consumer Empowerment Programs: Some Evidence from Insurance Regulation, in Preventing Regulatory Capture: Special Interest Influence and How to Limit It (Daniel Carpenter & David A. Moss, eds., Cambridge University Press, 2013)

Journal Articles

Transparently Opaque: Understanding the Lack of Transparency in Insurance Consumer Protection, 61 UCLA Law Review 394 (2014)

Understanding Insurance Antidiscrimination Laws, 87 Southern California Law Review 195 (2014) (with Ronen Avraham & Kyle D. Logue)

Saving Small-Employer Health Insurance, 98 Iowa Law Review 1935 (2013) (with Amy B. Monahan)

Limiting the ACA's Threats to Small Group Health Insurance Markets, 16 Risk Management and Insurance Review 25 (2013) (abridged version of Saving Small-Employer Health Insurance, 98 Iowa Law Review 1935 (2013)) (with Amy B. Monahan)

Monitoring, Reporting, and Recalling Defective Financial Products, 2013 University of Chicago Legal Forum 409 (2013)

Transparency and Contrarian Experts in Financial Regulation: A Brief Response to Professor Bradley, 1 American University Business Law Review 33 (2011-2012)

Reevaluating Standardized Insurance Policies, 78 University of Chicago Law Review 1263 (2011)

Regulatory Contrarians, 89 North Carolina Law Review 1629 (2011) (with Brett McDonnell)

Will Employers Undermine Health Care Reform by Dumping Sick Employees?, 97 Virginia Law Review 125 (2011) (with Amy B. Monahan)

Insurance Demand Anomalies and Regulation, 44 Journal of Consumer Affairs 547 (2010)

Regulating Consumer Demand in Insurance Markets, 3 Erasmus Law Review 23 (2010)

Regulating Insurance Sales or Selling Insurance Regulation?: Against Regulatory Competition in Insurance, 94 Minnesota Law Review 1707 (2010)

Differential Compensation and the "Race to the Bottom" in Consumer Insurance Markets, 15 Connecticut Insurance Law Journal 723 (2009)

Redesigning Consumer Dispute Resolution: A Case Study of the British and American Approaches to Insurance Claims Conflict, 83 Tulane Law Review 735 (2009)

Beyond Disclosure: The Case for Banning Contingent Commissions, 25 Yale Law & Policy Review 289 (2007)

A Products Liability Theory for the Judicial Regulation of Insurance Policies, 48 William & Mary Law Review 1389 (2007)

Shame, Stigma, and Crime: Evaluating the Efficacy of Shaming Sanctions in Criminal Law, 116 Harvard Law Review 2186 (2003) (note)

COURSES

Contracts
Insurance
Financial Institutions