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...

@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.

🚨 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...

🚨 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!

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?...

A new essay, arxiv.org/abs/2506.08872, presents evidence that using AI can impair users’ cognitive understanding of the underlying material.

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...

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

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?

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

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...

🧵 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.

🚨 Now available for pre-order: 8th Ed. of Insurance Law & Regulation! Thoroughly updated to cover COVID-19 BI litigation, opioid claims, AI, & more. Includes 5 policies, revised cases, & hands-on statutory analysis. Used at 100+ law schools! Check it out! faculty.westacademic.com/Book/Detail?...

We’re now just one month away from the Conference on AI, Insurance Law, and Regulation at Uconn Law. With a standout group of speakers and over 200 registrants, the event is shaping up to be a key moment in the national dialogue around AI and insurance. ilc.law.uconn.edu/2025/03/17/c...

Professor @danielschwarcz.bsky.social was interviewed on IR Voice podcast about a new study he took part which provides the first empirical evidence that AI tools can consistently improve the quality of legal analysis across various tasks. z.umn.edu/adt9

Today, 4–5 PM ET: @columbiabiz.bsky.social Prof. Pari Sastry (@parisastry.bsky.social) on how insurer exits in climate-risk zones like Florida lead to fragile entrants, dubious ratings, and rising governmental risk exposure. 📋 Register & download the paper: ilc.law.uconn.edu/insurance-law-workshop/

Cool beans. AI Powered Lawyering, papers.ssrn.com/sol3/papers...., is the most downloaded paper on AI in Law for Q1 of 2025. blog.ssrn.com/2025/04/02/t...

An article in @minnesotalawyer.bsky.social discussed a new study conducted in part by Professors @danielschwarcz.bsky.social and David R. Cleveland which found reason to believe that AI tools will significantly enhance the quality and productivity of legal work. z.umn.edu/abb2

@danielschwarcz.bsky.social’s forthcoming article in the Harvard Environmental Law Review, “Obamacare for Homeowners Insurance: Fixing America’s Broken Insurance Markets in a Time of Climate Change,” looks to the ACA as a model for homeowners’ insurance: z.umn.edu/abg1

Apparently startups are already offering AI-powered judges to resolve disputes (e.g., www.arbitrus.ai). Curious whether this is the future of ADR—or just hype? #LegalTech #ADR #AI

📢 Exciting news! I'm thrilled to be part of the team organizing this cutting-edge conference on AI and Insurance Law at UConn Law School on May 30! The best part? Registration is completely FREE! 🔗 Register here: ilc.law.uconn.edu/2025/03/17/c... Hope to see you there!

Welcome to the future of higher education, at least for professors who still grade students on work completed under unsupervised conditions!

Looking forward to presenting Regulating Robo-Advisors in a time of Generative AI, papers.ssrn.com/sol3/papers...., today at the online Insurance Law Workshop. Feel free to join in; registering is free and easy!

Robo-advisors & AI: a glimpse of the future or a regulatory crisis? @danielschwarcz.bsky.social, @notthattombaker.bsky.social & Kyle D. Logue will discuss their forthcoming article at tomorrow’s Insurance Law Workshop online. ⏰ Join us at 4–5 PM ET 📋 Register & download article: ilc.law.uconn.edu

Happy to receive the coveted "highly recommended" for AI Powered Lawyering. papers.ssrn.com/sol3/papers.... In my view, the empirical evidence we provide makes plain that AI is poised to revolutionize the practice of law very soon.

Thrilled that Read but not Understood, papers.ssrn.com/sol3/papers...., is now forthcoming in the Virginia Law Review!

Happy to see this great media coverage of AI-Powered Lawyering! www.lawnext.com/2025/03/anot...

Excited to present AI-Powered Lawyering, papers.ssrn.com/sol3/papers.... to World Bank Digital Justice Working Group today! We show reasoning models & RAG can each boost lawyer productivity by over 100%, suggesting that AI can meaningfully lower the cost of legal services & expand access to justice.

Most AI-in-law studies, like the recent Vals AI study, ask how AI output compares to human output. But that’s the wrong question. What really matters is: How does AI impact human lawyers? That’s the question AI-Powered Lawyering tackles. papers.ssrn.com/sol3/papers....

New results on AI and lawyer productivity

Thrilled that Marginal Revolution is covering our new results showing productivity gains for lawyers using AI reasoning models and RAG tools in excess of 100% for many tasks. Check out the paper itself to learn more!: papers.ssrn.com/sol3/papers....

This is such important research. Must-read!

Really interesting new paper! The authors also argue (persuasively!) that this RCT approach is better for assessing legal AI than benchmarking. Quite timely in light of last week's vals AI benchmarking report!

Thanks @emollick.bsky.social for highlighting our work!

Happy to boost the latest study of AI & the legal profession by my @umnlawschool.bsky.social colleague @danielschwarcz.bsky.social, who has become a real expert on this topic. Now posted @ssrn.bsky.social, Dan's 🧵summarizing it is below along with a link to the paper.

🚨New Paper Alert!🚨 How will AI transform the legal profession? Our latest study – available at papers.ssrn.com/sol3/papers.... – offers the first randomized controlled trial of AI reasoning models & retrieval-augmented generation (RAG) in lawyering. The results are striking. 🧵👇

1/ 🚨 New paper alert! 🚨 "Narrowing the Frame: Consumer Insurance Contracts and the Limits of the Restatement of Consumer Contracts" papers.ssrn.com/sol3/papers.... forthcoming in Harvard Business Law Review. 🧵 on why the Restatement of Consumer Contracts (RCC) gets insurance law wrong. 👇

“If even sophisticated consumers struggle with clear contract language, what does that mean for consumer protection, contract doctrine, and regulation?” Big question with huge ramifications. Recommend @danielschwarcz.bsky.social’s latest paper!

Hmm. It's almost like our system of providing publicly-subsidized flood insurance at inadequate rates to homeowners, many of whom are reasonably high-income and choose to build in flood-prone areas, is not working out so well... www.fema.gov/press-releas...

1/ 🚨 New paper alert! 🚨 We explore a foundational assumption of modern contract law: that consumers meaningfully assent to the contracts they enter. But what if they don’t even understand them—even when they try? 🧵👇 papers.ssrn.com/sol3/papers....

If we don't fundamentally reform property insurance markets in the US, they will buckle under the pressure of climate change. Luckily, many of the needed reforms were crafted a decade ago w/ our last major overhaul of insurance markets: Obamacare. papers.ssrn.com/sol3/papers....

For all those wondering what it looks like to articulate a smart and substantive response to arguments that Trump's Birthright citizenship order is constitutional (rather than to launch ad hominem attacks), here is a great opinion article on the topic. www.nytimes.com/2025/01/25/o....

I now have a significantly updated & improved version of my proposal to fix homeowners insurance markets in a time of climate change: Obamacare For Homeowners Insurance: Fixing America's Broken Insurance Markets In A Time Of Climate Change, Harv. Env. L. Rev. (f'ing): papers.ssrn.com/sol3/papers....

To those skeptical of or upset by Ilan's claim that an "entire literature" supports the birthright citizenship order, the best response is to substantively engage w/ the claim & assume llan's good faith..While some have done this, I’m dismayed by the many ad hominem attacks on a respected colleague.