Tom Baker, a preeminent scholar in insurance law, explores insurance, risk, and responsibility using methods and perspectives drawn from economics, sociology, psychology, and history. He is coauthor with Sean Griffith of Ensuring Corporate Misconduct (Chicago 2010), which examines relationships among liability insurance, corporate governance, and securities litigation. His latest article, “Do You Want Insurance with that? Protecting Consumers from Add-On Insurance Products,” employs behavioral economic analysis to support a more assertive approach to regulating such insurance products as collision damage waivers, extended warranties, and credit life insurance. His current research examines legal malpractice law in action and the implementation of the Affordable Care Act.
He is the Reporter for the American Law Institute’s Principles of Liability Insurance Project, a member of the Sloan/Sage Working Group on Behavioral Economics and Retail Financial Services, and the co-director of the Health Insurance Exchange Research Group of Penn’s Leonard Davis Institute of Health Economics. In August 2013 he received the Robert B. McKay award, a lifetime scholarly achievement award given by the Tort Trial and Insurance Practice Section of the American Bar Association.
- JD, Harvard, 1986
- BA, Harvard, 1982
William Maul Measey Professor of Law and Health Sciences
Leonard Davis Institute for Health Economics
Tom Baker, Kyle D. Logue (2017). In Defense of the Restatement of Liability Insurance Law, Faculty Scholarship, 1748.
David A. Asch, Tom Baker, Robert Town, et al. “The Experience of Young Adults on HealthCare.gov: Suggestions for Improvement”, Annals of Internal Medicine, 2014: 161 (3):231-232.
Baker, Tom, Allison Bajger, Ran Hassin, Eric J. Johnson, and Galen Treuer. “Can Consumers Make Affordable Care Affordable? The Value of Choice Architecture“, U of Penn, Inst for Law & Econ Research, 2013: Paper No. 13-28.
Baker, Tom. “Eugene McCann’s Mobile Urbanism: Cities and Policymaking in the Global Age“, Urban Affairs Review, 2012: Vol. 48, Pg. 288.
Baker, Tom. “Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act“, University of Pennsylvania Law Review, 2011: Vol. 159, Pg. 1577.
Baker, Tom, and Timothy D. Lytton. “Allowing Patients to Waive the Right to Sue for Medical Malpractice: A Response to Thaler and Sunstein“, Northwestern University Law Review, 2010: Vol. 104, Pg. 233.
Baker, Tom, and Peter Siegleman. “Tontines for the Invicibles: Enticing Low Risks Into the Health Insurance Pool With an Idea From Insurance History and Behavioral Economics“, Wisconsin Law Review, 2010: Vol. 2010, Pg. 79.
Baker, Tom, and David Moss. “Government as Risk Manager“, in Principles of Regulation. Ed. John Cisternino and David Moss. Tobin Project, 2009.
Baker, Tom, Patricia Born, and W. Kip Viscusi. “The Effects of Tort Reform on Medical Malpractice Insurers’ Ultimate Losses“, Journal of Risk and Insurance, 2009.
Baker, Tom. Bonded Import Safety Warranties, in Import Safety: Regulatory Governance In the Global Economy. Cary Coglianese, Adam Finkel & David Zaring, eds., University of Pannsylvania Press: 2009.
Baker, Tom. “Transparency Through Insurance: Mandates Dominate Discretion“, University of Pennsylvania, Institute for Law and Economics Research Paper No. 09-20.
Baker, Tom. The Medical Malpractice Myth. University of Chicago Press 2005. Paperback 2007.
Baker, Tom. Insurance Law and Policy: Cases, Materials, and Problems, 3rd edition. Aspen Publishing, 2003.