Daniel Schwarcz

  • Professor of Law

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

Office: 320
Mondale Hall, 229 19th Avenue South
Minneapolis, MN 55455

Professor Daniel Schwarcz is an award-winning teacher and scholar. His research focuses on a broad range of issues in insurance law and regulation, spanning systemic risk, regulatory federalism, consumer protection, employer-sponsored health insurance, and insurance coverage litigation. In 2017, the American Law Institute awarded Schwarcz its highly selective Young Scholars Medal, which recognizes the scholarship of one or two outstanding early-career law professors whose work has the potential to influence improvements in the law. He has also been awarded the Liberty Mutual Prize, which is given annually for the most outstanding article on property and casualty insurance law.

Schwarcz’s scholarship has been published in a wide range of leading law reviews and journals, such as the University of Chicago Law Review, Virginia Law Review, and the Journal of Empirical Legal Studies. He is also a co-author of the leading insurance law casebook in the country, Insurance Law and Regulation (6th edition), which has been used as the principal text in courses on insurance law in more than 100 American law schools. Media outlets such as the New York Times, Wall Street Journal, and National Public Radio have covered Schwarcz’s scholarship. He regularly testifies to U.S. Congressional committees on insurance matters, and he has served as an expert witness in a wide range of insurance disputes. From 2007 to 2014, he served as a consumer representative at the National Association of Insurance Commissioners.

Schwarcz teaches courses on contract law, insurance law, the regulation of financial institutions, commercial law, health care regulation and finance, and judicial opinion writing. He has twice received teaching awards at the Law School, in 2008 and 2012.

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 of 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 PDF iconcurriculum vitae.

Courses

Financial Regulation

Introduction to American Law and Legal Reasoning

Judicial Writing

Publications

Books

  • Research Handbook on the Economics of Insurance Law (Edward Elgar Publishing, 2015) (co-editor) Peter Siegelman
  • Insurance Law and Regulation: Cases and Materials (Foundation Press, 6th ed., 2015) (co-editor) Kenneth S. Abraham
  • 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) Kenneth S. Abraham

Book Chapters

  • Law and Economics of Insurance, in II The Oxford Handbook of Law and Economics (Francesco Parisi, ed., Oxford University Press, 2017) Peter Siegelman
  • Anticipating New Sources of Systemic Risk in Insurance, in Systemic Risk and the Future of Insurance Regulation (Andromachi Georgosouli & Miriam Goldby, eds., Informa Law from Routledge, 2016) Steven L. Schwarcz
  • Insurance Agents in the Twenty-first Century: The Problem of Biased Advice, in Research Handbook on the Economics of Insurance Law (Daniel Schwarcz & Peter Siegelman, eds., Edward Elgar Publishing, 2015) Peter Siegelman
  • 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

  • Coverage Information in Insurance Law, 101 Minnesota Law Review 1457 (2017)
    | SSRN
  • Do Credit-Based Insurance Scores Proxy for Income in Predicting Auto Claim Risk?, 14 Journal of Empirical Legal Studies 397 (2017) Darcy Steeg Morris & Joshua C. Teitelbaum
  • The Impact of Individualized Feedback on Law Student Performance, 67 Journal of Legal Education 139 (2017) Dion Farganis
    | SSRN
  • Regulation by Threat: Dodd-Frank and the Nonbank Problem, 84 University of Chicago Law Review 1813 (2017) David Zaring
    | SSRN
  • A Critical Take on Group Regulation of Insurers in the United States, 5 UC Irvine Law Review 537 (2015)
    | SSRN
  • The Risks of Shadow Insurance, 50 Georgia Law Review 163 (2015)
    | SSRN
  • Regulating Systemic Risk in Insurance, 81 University of Chicago Law Review 1569 (2014) Steven L. Schwarcz
    | SSRN
  • Towards A Universal Framework For Insurance Anti-Discrimination Laws, 21 Connecticut Insurance Law Journal 1 (2014) Ronen Avraham & Kyle D. Logue
  • Transparently Opaque: Understanding the Lack of Transparency in Insurance Consumer Protection, 61 UCLA Law Review 394 (2014)
    | SSRN
  • Understanding Insurance Antidiscrimination Laws, 87 Southern California Law Review 195 (2014) Ronen Avraham & Kyle D. Logue
  • 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)) Amy B. Monahan
  • Monitoring, Reporting, and Recalling Defective Financial Products, 2013 University of Chicago Legal Forum 409 (2013)
    | SSRN
  • Saving Small-Employer Health Insurance, 98 Iowa Law Review 1935 (2013) Amy B. Monahan
  • 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)
    | SSRN
  • Regulatory Contrarians, 89 North Carolina Law Review 1629 (2011) Brett McDonnell
    | SSRN
  • Will Employers Undermine Health Care Reform by Dumping Sick Employees?, 97 Virginia Law Review 125 (2011) Amy B. Monahan
    | SSRN
  • Insurance Demand Anomalies and Regulation, 44 Journal of Consumer Affairs 557 (2010)
  • Regulating Consumer Demand in Insurance Markets, 3 Erasmus Law Review 23 (2010)
    | SSRN
  • Regulating Insurance Sales or Selling Insurance Regulation?: Against Regulatory Competition in Insurance, 94 Minnesota Law Review 1707 (2010)
    | SSRN
  • Differential Compensation and the “Race to the Bottom” in Consumer Insurance Markets, 15 Connecticut Insurance Law Journal 723 (2009)
    | SSRN
  • Redesigning Consumer Dispute Resolution: A Case Study of the British and American Approaches to Insurance Claims Conflict, 83 Tulane Law Review 735 (2009)
    | SSRN
  • Beyond Disclosure: The Case for Banning Contingent Commissions, 25 Yale Law & Policy Review 289 (2007)
    | SSRN
  • A Products Liability Theory for the Judicial Regulation of Insurance Policies, 48 William & Mary Law Review 1389 (2007)
    | SSRN
  • Shame, Stigma, and Crime: Evaluating the Efficacy of Shaming Sanctions in Criminal Law, 116 Harvard Law Review 2186 (2003) (note)

Editorials, Commentary & Letters

  • How to Fix America’s Broken Flood Insurance Scheme, Washington Post, Sept. 7, 2017 (op-ed)

Contact Information

University of Minnesota Law School

Walter F. Mondale Hall | 229 19th Avenue South | Minneapolis, MN 55455

P: 612-625-1000

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