@danielschwarcz
Fredrikson & Byron Professor of Law, University of Minnesota Law School Interested in insurance law, regulation & policy and the impact of AI on lawyering. Access my research here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=499486
Excited that Grading Machines: Can AI Exam-Grading Replace Law Professors?, is forthcoming in Journal of Law & Empirical Analysis papers.ssrn.com/sol3/papers..... We find that AI can closely replicate law professor exam grading, a finding that has big implications for legal education.
I’m delighted that Wash. U. L. Rev. will be publishing Collective Coverage: papers.ssrn.com/sol3/papers..... The piece argues that allowing insurers to offer group property insurance to local communities could promote insurer-community partnerships to advance climate adaptation & resilience.
Enjoyed the opportunity to chat about how AI is impacting legal education and the legal profession more broadly on the ABA's Legal Rebel's Podcast. legaltalknetwork.com/podcasts/aba...
Excited that Fordham Law Review will publish my new paper w/ Josephine Wolff: “The Limits of Regulating AI Safety Through Liability & Insurance.” Drawing on 20 years of cyber risk, we argue insurers are unlikely to meaningfully drive AI safety. Draft here: papers.ssrn.com/sol3/papers....
The logic of this idea is that climate adaptation and resilience often require collective action at the community level. Group insurance could align insurers’ and property owners’ incentives to invest in, monitor, and enforce meaningful resilience measures.
As Trump pulls the federal government out of climate action, states & localities must step up. My new draft proposes a simple, politically viable, & costless reform: modernize state insurance laws to allow insures to provide group coverage to localities. papers.ssrn.com/sol3/papers....
Things have not improved. The government won't comply with court orders. Agents are behaving more aggressively. Schools are offering remote learning into April. The tapering of national media coverage has emboldened DHS.
www.mprnews.org/story/2026/0...
www.mprnews.org/story/2026/0...
As one of many submitting an AI focused law review article, I’m biased…But editors’ reluctance to accept too many articles on one topic shouldn’t apply to AI, which is going to fundamentally challenge innumerable areas of law, meaning now is the time we should be studying this.
At some point around page 175, the rule goes off the deep end and starts arguing about whether the civil service is constitutional. I have started writing a longer essay for @lawfaremedia.org on this topic. It's more than I can cover on Bluesky.
Looking forward to presenting The Limits of Regulating AI Safety Through Liability and Insurance: Lessons From Cybersecurity, papers.ssrn.com/sol3/papers...., at the first annual Wharton Accountable AI Research Conference today!
Are you interested in international issues in insurance law and regulation? Then come join us at the first annual 2026 Insurance Law Forum, taking place March 12-13 at Duke Law School. Additional details here: 2026insurancelawforumglobalperspec.netlify.app/2026_insuran...
I argue that these arrangements, which would parallel familiar models of group insurance in health and life, could foster long-term insurer–community partnerships that support climate resilience. Yet outdated state laws prohibit experimentation with this promising approach.
What if a simple legal fix could advance climate adaptation and resilience? My new draft makes argues that repealing outdated state rules barring homeowners insurers from offering group policies to geographically-defined communities, could do just that. papers.ssrn.com/sol3/papers....
The paper is still under construction, and I would very much welcome reactions, critiques, and conversations.
Yet “fictitious group” statutes & restrictive interpretations of unfair discrimination rules render group property insurance for local communities legally unworkable. Updating these laws could better align insurance with the urgent risks posed by climate change.
The Article argues that group property insurance issued to geographically defined communities could enable insurers and communities to better coordinate and finance climate adaptation and resilience strategies, while also producing more accurate and durable pricing signals.
This argument begins from a puzzle: property insurers are often described as natural leaders in responding to climate risk, yet premiums often fail to reflect climate risk, mitigation discounts are limited, & insurers are increasingly retreating from the most exposed regions.
Specifically, the paper argues that modernizing state insurance laws to allow insurers to offer group homeowners insurance to geographically defined communities could better allow insurers and communities to partner together in promoting climate adaptation and resilience.
Excited to share that my new paper is now available on SSRN: Collective Coverage: How Group Homeowners Insurance Could Promote Climate Adaptation and Resilience. papers.ssrn.com/sol3/papers.... 🧵
A group photo of people from different genders, races, and ethnicities smiling at the camera
A panel of two women and two men at a table
A panel of three women, the middle one is amid speech, sitting at a table
Great times @setonhallhealthlaw.bsky.social WIP retreat! Great presentations by @jennoliva.bsky.social @davidasimon.bsky.social Sonia Suter, Medha Maklouf, Gabe Scheffler & Elizabeth King. Comments by @danielschwarcz.bsky.social @rebouche.bsky.social Becky Wolitz, Charlotte Tschider & others!
Fascinating panel on @jennoliva.bsky.social’s new paper Regulating Healthcare Algorithms in the Shadow of ERISA with fantastic commentary by @danielschwarcz.bsky.social & Charlotte Tschider at @setonhallhealthlaw.bsky.social WIP retreat 🔥🔥🔥
A little surprised and very grateful to see that I’m ranked #1 on HeinOnline’s Scholarly Impact Rankings for insurance law. Appreciate the many colleagues, coauthors, and editors who made this possible.
heinonline.org/HOL/scholarl...
More broadly, my view is the University of Minnesota Law School values intellectual diversity and does not require ideological conformity. I disagree with colleagues on many issues, but I believe they are uniformly honest, thoughtful, and principled scholars.
I’m a proud signatory of this letter, joined by many UMN Law faculty, in response to recent events in Minneapolis. However, it is unfair to draw negative inferences about those who didn't sign; there are many reasons why some may have chosen not to do so. docs.google.com/document/d/1...
Standing with 65 of my UMN Law colleagues (and counting) to condemn ICE’s lawless conduct towards Minnesotans: docs.google.com/document/d/1...
Proud to be one of 65 University of Minnesota Law faculty who signed this open letter condemning the federal government’s ongoing and lawless campaign of fear, intimidation, and violence against Minnesotans. docs.google.com/document/d/1...
Guys if you see observers thank them. There’s real stress and burnout in the ranks right now. People understand they are waking up every day to chase and monitor federal thugs who can execute them. But they keep doing it nonstop to protect their neighbors
an administration staffed to the top with degenerate liars
Mood in minneapolis right now
There’s a rally going on in Boston rn and they’re chanting “we’re not cold, we’re not afraid, MN taught us to be brave!” and I might cry