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Tom Baker
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William Maul Measey Professor of Law
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William Maul Measey Professor of Law,
University of Pennsylvania Carey Law School
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Health Law and Policy
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Insurance Law
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Books
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Media Appearances
Books
(5)
Book
Restatement of the Law, Liability Insurance
(2019)
Tom Baker
Book
Ensuring Corporate Misconduct: How Liability Insurance Undermines Shareholder Litigation
All Faculty Scholarship (2010)
Tom Baker and Sean J. Griffith
Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and ...
Book
The Medical Malpractice Myth
All Faculty Scholarship (2005)
Tom Baker
American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are ...
Book
Insurance Law and Policy: Cases, Materials and Problems
(2003)
Tom Baker
Subsequent editions: 2008, 2013 (with co-author Kyle Logue), and 2017 (with co-author Kyle Logue).
Book
Embracing Risk: The Changing Culture of Insurance and Responsibility
All Faculty Scholarship (2002)
Tom Baker and Jonathan Simon
For much of the twentieth century, industrialized nations addressed social problems, such as workers' compensation benefits and social welfare programs, ...
Articles
(46)
Article
What History Can Tell Us About the Future of Insurance ...
DePaul Law Review (2022)
Kenneth S. Abraham and Tom Baker
This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in ...
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Article
Uncertainty > Risk: Lessons for Legal Thought from the Insurance ...
Boston College Law Review (2021)
Tom Baker
Insurance ideas inform legal thought: from tort law, to health law and financial services regulation, to theories of distributive justice. ...
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Article
Choice Architecture for Healthier Insurance Choices: Ordering and Partitioning Can ...
All Faculty Scholarship (2019)
Benedict G.C. Dellaert, Eric J. Johnson and Tom Baker
Health insurance decisions are a challenge for many consumers and influence welfare, health outcomes, and longevity. Two choice architecture tools ...
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Article
How Liability Insurers Protect Patients and Improve Safety
DePaul Law Review (2019)
Tom Baker and Charles Silver
Forty years after the publication of the first systematic study of adverse medical events, there is greater access to information ...
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Article
Partitioning Sorted Sets: Overcoming Choice Overload While Maintaining Decision Quality
All Faculty Scholarship (2017)
Benedict C.G. Dellaert, Tom Baker and Eric J. Johnson
We investigate the joint use of partitioning and sorting as a choice architecture to overcome consumer choice overload in large ...
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Article
The Forfeiture of Coverage Defenses Rule: An Economic Analysis
All Faculty Scholarship (2017)
Tom Baker, Ezra Friedman and Kyle D. Logue
In liability insurance, the duty to defend is broader than the duty to cover. Thus it is possible that an ...
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Article
In Defense of the Restatement of Liability Insurance Law
George Mason Law Review (2017)
Tom Baker and Kyle D. Logue
For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability ...
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Article
Mutually Assured Protection Among Large U.S. Law Firms
Connecticut Insurance Law Journal (2017)
Tom Baker and Rick Swedloff
Top law firms are notoriously competitive, fighting for prime clients and matters. But some of the most elite firms are ...
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Article
Everything’s Bigger in Texas: Except the Medmal Settlements
Connecticut Insurance Law Journal (2016)
Tom Baker, Eric Helland and Jonathan Klick
Recent work using Texas closed claim data finds that physicians are rarely required to use personal assets in medical malpractice ...
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Article
Making Sense of Healthcare Exchanges, and Their Future (with transcript)
Case In Point Podcasts (2015)
Tom Baker and Joel Ario
Tom Baker and Joel Ario look at what’s working and what needs to be fixed in healthcare, what may change ...
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Article
Liability Insurer Data as a Window on Lawyers’ Professional Liability
U.C. Irvine Law Review (2015)
Tom Baker and Rick Swedloff
Using the best publicly available data on lawyers’ liability claims and insurance – from the largest insurer of large law ...
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Article
Putting the Health Back in Health Insurance
Medical Care Research and Review (2014)
Pavel Atanasov and Tom Baker
What are the barriers to voluntary take-up of high-deductible plans? We address this question using a large-scale employer survey conducted ...
Article
Can Consumers Make Affordable Care Affordable? The Value of Choice ...
PLOS ONE (2013)
Eric J. Johnson, Ran Hassin, Tom Baker, Allison T. Bajger, et al.
Starting this October, tens of millions will be choosing health coverage on a state or federal health insurance exchange as ...
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Article
Regulation by Liability Insurance: From Auto to Lawyers Professional Liability
UCLA Law Review (2013)
Tom Baker and Rick Swedloff
Liability insurers use a variety of tools to address adverse selection and moral hazard in insurance relationships. These tools can ...
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Article
“You Want Insurance with That?” Using Behavioral Economics to Protect ...
Connecticut Insurance Law Journal (2013)
Tom Baker and Peter Siegelman
Persistently high profits on “insurance” for small value losses sold as an add-on to other products or services (such as ...
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Article
Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model ...
Journal of Empirical Legal Studies (2012)
Blakeley B McShane, Oliver P Watson, Tom Baker and Sean J Griffith
This paper develops models that predict the incidence and amount of settlements for federal class action securities fraud litigation in ...
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Article
Eugene McCann's
Mobile Urbanism: Cities and Policymaking in the ...
Urban Affairs Review (2012)
Tom Baker
Article
The Shifting Terrain of Risk and Uncertainty on the Liability ...
DePaul Law Review (2011)
Tom Baker
Recent sociological and historical work suggests that insurance risks often are not reliably calculable, except in hindsight. Insurance is “an ...
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Article
Health Insurance, Risk, and Responsibility after the Patient Protection and ...
University of Pennsylvania Law Review (2011)
Tom Baker
This essay explores the new social contract of healthcare solidarity through private ownership, markets, choice, and individual responsibility embodied in ...
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Article
Insurance in Sociolegal Research
Annual Review of Law and Social Science (2010)
Tom Baker
Insurance has a long history in sociolegal research, most prominently as a window on accident compensation and related tort law ...
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