Daniel Schwarcz
@danielschwarcz.bsky.social
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
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
Reposted by Daniel Schwarcz
Join us to discuss the ethics of using AI in health insurance coverage decisions.
📅Wed, Dec 10
⏰Noon-1:30pm CT
📍Zoom
👤 @danielschwarcz.bsky.social, @umnlawschool.bsky.social
👤 @jennoliva.bsky.social,
@iumaurerlaw.bsky.social
👤 Isaac Kohane,
@harvardmed.bsky.social
🔗 z.umn.edu/AIHealth
📅Wed, Dec 10
⏰Noon-1:30pm CT
📍Zoom
👤 @danielschwarcz.bsky.social, @umnlawschool.bsky.social
👤 @jennoliva.bsky.social,
@iumaurerlaw.bsky.social
👤 Isaac Kohane,
@harvardmed.bsky.social
🔗 z.umn.edu/AIHealth
November 19, 2025 at 3:51 PM
Join us to discuss the ethics of using AI in health insurance coverage decisions.
📅Wed, Dec 10
⏰Noon-1:30pm CT
📍Zoom
👤 @danielschwarcz.bsky.social, @umnlawschool.bsky.social
👤 @jennoliva.bsky.social,
@iumaurerlaw.bsky.social
👤 Isaac Kohane,
@harvardmed.bsky.social
🔗 z.umn.edu/AIHealth
📅Wed, Dec 10
⏰Noon-1:30pm CT
📍Zoom
👤 @danielschwarcz.bsky.social, @umnlawschool.bsky.social
👤 @jennoliva.bsky.social,
@iumaurerlaw.bsky.social
👤 Isaac Kohane,
@harvardmed.bsky.social
🔗 z.umn.edu/AIHealth
I enjoyed being part of this great panel on fixing Louisiana’s homeowners insurance crisis at Tulane Law School.
My main message: lawmakers should create a homeowners insurance exchange—so people can easily shop for coverage on an apples-to-apples basis. murphy.tulane.edu/events/cle-c...
My main message: lawmakers should create a homeowners insurance exchange—so people can easily shop for coverage on an apples-to-apples basis. murphy.tulane.edu/events/cle-c...
CLE Conference on Louisiana's Insurance Crisis: From Risk to Reform | The Murphy Institute
murphy.tulane.edu
November 5, 2025 at 4:23 PM
I enjoyed being part of this great panel on fixing Louisiana’s homeowners insurance crisis at Tulane Law School.
My main message: lawmakers should create a homeowners insurance exchange—so people can easily shop for coverage on an apples-to-apples basis. murphy.tulane.edu/events/cle-c...
My main message: lawmakers should create a homeowners insurance exchange—so people can easily shop for coverage on an apples-to-apples basis. murphy.tulane.edu/events/cle-c...
SSRN says I’m one of the top-10 most downloaded law authors of the year. Proof that AI and law is a hot topic—or that my mom has been busy refreshing the download button. hq.ssrn.com/rankings/Ran...
SSRN - SSRN Top 3,000 Law Authors
hq.ssrn.com
November 5, 2025 at 4:07 PM
SSRN says I’m one of the top-10 most downloaded law authors of the year. Proof that AI and law is a hot topic—or that my mom has been busy refreshing the download button. hq.ssrn.com/rankings/Ran...
Excited to share a new and improved draft of The Limits of Regulating AI Safety Through Liability and Insurance: Lessons From Cybersecurity, co-authored with the brilliant Josephine Wolff. 🧵 papers.ssrn.com/sol3/papers....
The Limits of Regulating AI Safety Through Liability and Insurance: Lessons From Cybersecurity
As Artificial Intelligence (AI) systems become increasingly embedded in decision-making, design, and development across public and private sectors, proposals to
papers.ssrn.com
November 5, 2025 at 3:35 PM
Excited to share a new and improved draft of The Limits of Regulating AI Safety Through Liability and Insurance: Lessons From Cybersecurity, co-authored with the brilliant Josephine Wolff. 🧵 papers.ssrn.com/sol3/papers....
In a new piece for the Institute for Law and AI, Josephine Wolff & I explain why California was right to prioritize transparency over liability in S.B. 53, which was just signed into law and requires large AI companies to report risks and safeguards for their systems. law-ai.org/the-limits-o...
The limits of regulating AI safety through liability and insurance
Any opinions expressed in this post are those of the authors and do not reflect the views of the Institute for Law...
law-ai.org
October 21, 2025 at 4:05 PM
In a new piece for the Institute for Law and AI, Josephine Wolff & I explain why California was right to prioritize transparency over liability in S.B. 53, which was just signed into law and requires large AI companies to report risks and safeguards for their systems. law-ai.org/the-limits-o...
One silver lining of the government shutdown: it’s showing that private flood insurers can operate without a federally subsidized NFIP that props up risky development and costs taxpayers billions. Maybe it’s time to let the NFIP stay non-renewed.
October 17, 2025 at 3:02 PM
One silver lining of the government shutdown: it’s showing that private flood insurers can operate without a federally subsidized NFIP that props up risky development and costs taxpayers billions. Maybe it’s time to let the NFIP stay non-renewed.
Reposted by Daniel Schwarcz
If any junior scholars want to chat about the supportive environment that @umnlawschool.bsky.social has built, I'm more than happy to do so. Incredible institution. Great mentorship from a faculty that reads your work. Great city with a phenomenal food scene, fantastic parks, and a ton to do.
Minnesota Law is looking to hire a visiting assistant professor — more details here:
hr.myu.umn.edu/psc/hrprd/EM...
hr.myu.umn.edu/psc/hrprd/EM...
hr.myu.umn.edu
October 13, 2025 at 9:30 PM
If any junior scholars want to chat about the supportive environment that @umnlawschool.bsky.social has built, I'm more than happy to do so. Incredible institution. Great mentorship from a faculty that reads your work. Great city with a phenomenal food scene, fantastic parks, and a ton to do.
I’m excited to announce the publication of Regulating Robo-Advisors in an Age of Generative Artificial Intelligence in Volume 82 of the Washington & Lee Law Review . The article is co-authored with @notthattombaker.bsky.social & Kyle Logue. lawreview.wlulaw.wlu.edu/regulating-r...
Regulating Robo-Advisors in an Age of Generative Artificial Intelligence – Washington and Lee Law Review
lawreview.wlulaw.wlu.edu
September 25, 2025 at 1:56 PM
I’m excited to announce the publication of Regulating Robo-Advisors in an Age of Generative Artificial Intelligence in Volume 82 of the Washington & Lee Law Review . The article is co-authored with @notthattombaker.bsky.social & Kyle Logue. lawreview.wlulaw.wlu.edu/regulating-r...
Reposted by Daniel Schwarcz
@danielschwarcz.bsky.social’s article, "Obamacare for Homeowners Insurance: Fixing America's Broken Insurance Markets in a Time of Climate Change," 49 Harvard Environmental Law Review (2025), is now available on @ssrn.bsky.social.
z.umn.edu/aq4n.
z.umn.edu/aq4n.
September 22, 2025 at 5:28 PM
@danielschwarcz.bsky.social’s article, "Obamacare for Homeowners Insurance: Fixing America's Broken Insurance Markets in a Time of Climate Change," 49 Harvard Environmental Law Review (2025), is now available on @ssrn.bsky.social.
z.umn.edu/aq4n.
z.umn.edu/aq4n.
🚨 New on @lawfaremedia.org -- Josephine Wolff & I argue that the push to impose liability on AI companies won’t make AI safer—because insurers, not courts, will shape how liability plays out. And history from cyber insurance shows insurers don’t incentivize real safety.
Pulling on lessons from the ineffectiveness of cyber insurance in mitigating cyber risks,
@danielschwarcz.bsky.social and Josephine Wolff argue that liability will not effectively promote AI safety.
@danielschwarcz.bsky.social and Josephine Wolff argue that liability will not effectively promote AI safety.
Why Liability and Insurance Won’t Save AI: Lessons From Cyber Insurance
Holding AI developers responsible for any harm their systems cause may not be the most effective path to promoting AI safety.
www.lawfaremedia.org
September 9, 2025 at 3:44 PM
🚨 New on @lawfaremedia.org -- Josephine Wolff & I argue that the push to impose liability on AI companies won’t make AI safer—because insurers, not courts, will shape how liability plays out. And history from cyber insurance shows insurers don’t incentivize real safety.
1/ Just published in the Harvard Environmental Law Review: “Obamacare for Homeowners Insurance: Fixing America’s Broken Insurance Markets in a Time of Climate Change.” journals.law.harvard.edu/elr/wp-conte...
journals.law.harvard.edu
September 5, 2025 at 1:45 PM
1/ Just published in the Harvard Environmental Law Review: “Obamacare for Homeowners Insurance: Fixing America’s Broken Insurance Markets in a Time of Climate Change.” journals.law.harvard.edu/elr/wp-conte...
🚨 New paper alert! Josephine Wolff & I argue that efforts to regulate AI safety through liability and insurance are likely to fail—just as they largely did with cybersecurity. Download The Limits of Regulating AI Safety Through Liability & Insurance: papers.ssrn.com/sol3/papers....
The Limits of Regulating AI Safety Through Liability and Insurance: Lessons From Cybersecurity
As Artificial Intelligence (AI) systems become increasingly embedded in decision-making, design, and development across public and private sectors, proposals to
papers.ssrn.com
August 28, 2025 at 6:40 PM
🚨 New paper alert! Josephine Wolff & I argue that efforts to regulate AI safety through liability and insurance are likely to fail—just as they largely did with cybersecurity. Download The Limits of Regulating AI Safety Through Liability & Insurance: papers.ssrn.com/sol3/papers....
Had a great time presenting at the Law-Following AI Workshop at Cambridge. Drawing on the track record of cyber insurers, the project argues that liability insurance is likely to limit the effectiveness of liability as an AI regulatory tool. Will share the paper publicly soon!
August 7, 2025 at 12:45 PM
Had a great time presenting at the Law-Following AI Workshop at Cambridge. Drawing on the track record of cyber insurers, the project argues that liability insurance is likely to limit the effectiveness of liability as an AI regulatory tool. Will share the paper publicly soon!
Can someone please explain to me how loss ratios in the NH homeowners insurance market have consistently hovered between 30-40% in recent years? Doesn't that seem like clear evidence that homeowners insurance markets are broken? www.insurance.nh.gov/sites/g/file...
www.insurance.nh.gov
July 18, 2025 at 5:18 PM
Can someone please explain to me how loss ratios in the NH homeowners insurance market have consistently hovered between 30-40% in recent years? Doesn't that seem like clear evidence that homeowners insurance markets are broken? www.insurance.nh.gov/sites/g/file...
The Eighth Edition of Insurance Law and Regulation (Abraham & Schwarcz) is now available. Updates address key recent issues in insurance, such as the COVID-19 pandemic, opioid crisis, and gen AI. faculty.westacademic.com/Book/Detail?...
July 8, 2025 at 2:30 PM
The Eighth Edition of Insurance Law and Regulation (Abraham & Schwarcz) is now available. Updates address key recent issues in insurance, such as the COVID-19 pandemic, opioid crisis, and gen AI. faculty.westacademic.com/Book/Detail?...
A new essay, arxiv.org/abs/2506.08872, presents evidence that using AI can impair users’ cognitive understanding of the underlying material.
Your Brain on ChatGPT: Accumulation of Cognitive Debt when Using an AI Assistant for Essay Writing Task
This study explores the neural and behavioral consequences of LLM-assisted essay writing. Participants were divided into three groups: LLM, Search Engine, and Brain-only (no tools). Each completed thr...
arxiv.org
June 16, 2025 at 5:46 PM
A new essay, arxiv.org/abs/2506.08872, presents evidence that using AI can impair users’ cognitive understanding of the underlying material.
Reposted by Daniel Schwarcz
Prof. @danielschwarcz.bsky.social, Ph.D. candidate Debrati Das (CSE); Prof. Dongyeop Kang (CSE); and Prof. Brett McDonnell published a new article now available on @ssrn.bsky.social: "Thinking Like A Lawyer In The Age Of Generative AI: Cognitive Limits On AI Adoption Among Lawyers". z.umn.edu/ahqp
June 4, 2025 at 4:15 PM
Prof. @danielschwarcz.bsky.social, Ph.D. candidate Debrati Das (CSE); Prof. Dongyeop Kang (CSE); and Prof. Brett McDonnell published a new article now available on @ssrn.bsky.social: "Thinking Like A Lawyer In The Age Of Generative AI: Cognitive Limits On AI Adoption Among Lawyers". z.umn.edu/ahqp
🚨 🚨The AI, Insurance Law & Regulation conference kicks off tomorrow (Friday, May 30)! Hundreds are already signed up — register now to join us virtually. ilc.law.uconn.edu/2025/03/17/c...
Conference: AI, Insurance Law, and Regulation | Insurance Law Center
A Conference Presented by the Insurance Law Center at UConn Law & the University of Minnesota Law School AI, Insurance Law, and Regulation Friday, May 3 ...
ilc.law.uconn.edu
May 29, 2025 at 2:19 PM
🚨 🚨The AI, Insurance Law & Regulation conference kicks off tomorrow (Friday, May 30)! Hundreds are already signed up — register now to join us virtually. ilc.law.uconn.edu/2025/03/17/c...
Reposted by Daniel Schwarcz
Thinking Like A Lawyer In The Age Of Generative AI: Cognitive Limits On AI Adoption Among Lawyers. This article explores why AI has not been more widely adopted in legal markets.
http://spkl.io/63327f2LpN
@danielschwarcz.bsky.social #LawSky
http://spkl.io/63327f2LpN
@danielschwarcz.bsky.social #LawSky
May 27, 2025 at 3:00 PM
Thinking Like A Lawyer In The Age Of Generative AI: Cognitive Limits On AI Adoption Among Lawyers. This article explores why AI has not been more widely adopted in legal markets.
http://spkl.io/63327f2LpN
@danielschwarcz.bsky.social #LawSky
http://spkl.io/63327f2LpN
@danielschwarcz.bsky.social #LawSky
his question -- why hasn’t AI had a more transformative impact on legal practice, despite compelling experimental evidence of its potential -- animates my new essay, Thinking Like a Lawyer in the Age of AI.
Individuals keep self-reporting huge gains in productivity from AI & controlled experiments in many industries keep finding these boosts are real, yet most firms are not seeing big effects. Why?
Because gaining from AI requires organizational innovation. www.oneusefulthing.org/p/making-ai-...
Because gaining from AI requires organizational innovation. www.oneusefulthing.org/p/making-ai-...
Making AI Work: Leadership, Lab, and Crowd
A formula for AI in companies
www.oneusefulthing.org
May 22, 2025 at 3:13 PM
his question -- why hasn’t AI had a more transformative impact on legal practice, despite compelling experimental evidence of its potential -- animates my new essay, Thinking Like a Lawyer in the Age of AI.
Insurers often use AI to grant benefits—like faster underwriting or claims—assuming any model flaws won’t harm people relative to a non-AI baseline. But shouldn’t we also worry about unfair or inaccurate distribution of benefits? Has this been written about?
May 21, 2025 at 3:22 PM
Insurers often use AI to grant benefits—like faster underwriting or claims—assuming any model flaws won’t harm people relative to a non-AI baseline. But shouldn’t we also worry about unfair or inaccurate distribution of benefits? Has this been written about?
Under this principle, great AI prompts for lawyers include:
(i) Improve this paragraph
(ii) Find X in document Y
(iii) Suggest clauses to add to contract
(iv) Flag ambiguities
(v) Simplify a document I understand
(vi) Summarize a legal area I know
(vii) Adapt a familiar template to a new context
(i) Improve this paragraph
(ii) Find X in document Y
(iii) Suggest clauses to add to contract
(iv) Flag ambiguities
(v) Simplify a document I understand
(vi) Summarize a legal area I know
(vii) Adapt a familiar template to a new context
After years of studying AI & law here’s my rule of thumb: Lawyers should only use AI only when they can confidently assess, adapt & explain its output without engaging in deep, independent thinking about the core legal/factual issues. More in my new essay: papers.ssrn.com/sol3/papers....
<p><span>Thinking Like A Lawyer In The Age Of Generative AI: Cognitive Limits On AI Adoption Among Lawyers</span></p>
As of mid-2025, there is robust evidence that generative AI possesses the technological capability to significantly reshape legal practice. Yet legal markets an
papers.ssrn.com
May 21, 2025 at 2:42 PM
Under this principle, great AI prompts for lawyers include:
(i) Improve this paragraph
(ii) Find X in document Y
(iii) Suggest clauses to add to contract
(iv) Flag ambiguities
(v) Simplify a document I understand
(vi) Summarize a legal area I know
(vii) Adapt a familiar template to a new context
(i) Improve this paragraph
(ii) Find X in document Y
(iii) Suggest clauses to add to contract
(iv) Flag ambiguities
(v) Simplify a document I understand
(vi) Summarize a legal area I know
(vii) Adapt a familiar template to a new context
After years of studying AI & law here’s my rule of thumb: Lawyers should only use AI only when they can confidently assess, adapt & explain its output without engaging in deep, independent thinking about the core legal/factual issues. More in my new essay: papers.ssrn.com/sol3/papers....
<p><span>Thinking Like A Lawyer In The Age Of Generative AI: Cognitive Limits On AI Adoption Among Lawyers</span></p>
As of mid-2025, there is robust evidence that generative AI possesses the technological capability to significantly reshape legal practice. Yet legal markets an
papers.ssrn.com
May 21, 2025 at 2:21 PM
After years of studying AI & law here’s my rule of thumb: Lawyers should only use AI only when they can confidently assess, adapt & explain its output without engaging in deep, independent thinking about the core legal/factual issues. More in my new essay: papers.ssrn.com/sol3/papers....
🚨 Last chance to register! Tomorrow is the deadline to sign up (in-person or virtual) for this free conference on AI, Insurance Law & Regulation. Don’t miss our incredible speaker lineup—register now: ilc.law.uconn.edu/2025/03/17/c...
Conference: AI, Insurance Law, and Regulation | Insurance Law Center
A Conference Presented by the Insurance Law Center at UConn Law & the University of Minnesota Law School AI, Insurance Law, and Regulation Friday, May 3 ...
ilc.law.uconn.edu
May 20, 2025 at 8:47 PM
🚨 Last chance to register! Tomorrow is the deadline to sign up (in-person or virtual) for this free conference on AI, Insurance Law & Regulation. Don’t miss our incredible speaker lineup—register now: ilc.law.uconn.edu/2025/03/17/c...
🧵 New Essay: Thinking Like a Lawyer in the Age of Generative AI. papers.ssrn.com/sol3/papers.... Despite AI’s power to transform legal work, legal markets have barely budged. Why? Our answer: Lawyers—especially junior ones—struggle to deeply understand AI outputs in complex legal tasks.
<p><span>Thinking Like A Lawyer In The Age Of Generative AI: Cognitive Limits On AI Adoption Among Lawyers</span></p>
As of mid-2025, there is robust evidence that generative AI possesses the technological capability to significantly reshape legal practice. Yet legal markets an
papers.ssrn.com
May 20, 2025 at 3:29 PM
🧵 New Essay: Thinking Like a Lawyer in the Age of Generative AI. papers.ssrn.com/sol3/papers.... Despite AI’s power to transform legal work, legal markets have barely budged. Why? Our answer: Lawyers—especially junior ones—struggle to deeply understand AI outputs in complex legal tasks.