Kathryn Zeiler

Professor of Law

Nancy Barton Scholar

BS, Business, Indiana University
MS, Taxation, Golden Gate University
MS, Social Sciences, California Institute of Technology
JD, University of Southern California Law School
PhD, Economics, California Institute of Technology

Areas of Interest
Economics & Law, Health Law, Torts
Contact
Biography

Professor Kathryn Zeiler joined BU Law’s full-time faculty as Nancy Barton Scholar and Professor of Law in July 2015. Prior to joining the faculty, Professor Zeiler was Professor of Law at the Georgetown University Law Center (2003–2015). She has held visiting professorships at Harvard Law School, NYU School of Law, and Boston University School of Law.

Professor Zeiler’s scholarship applies economic theory and empirical methods to the study of legal issues and research questions. Her main scholarly interests include the importation of experimental economics results and behavioral economics theories into legal scholarship, the impact of state legislative tort damages caps on the price of medical malpractice insurance premiums, the impacts of communication and resolution programs implemented by hospitals to resolve medical malpractice claims, and the role of medical malpractice insurers in patient safety.

Professor Zeiler serves as a fellow and member of the board for the Society of Empirical Legal Studies (2015–present). She currently holds positions on the editorial board of the American Law and Economics Review and Behavioral Science and Policy. She is a member of the Max Planck Institute’s Scientific Review Board for Research on Collective Goods. She has served as a member of the board of directors of the American Law and Economics Association (2010–2012). She is a regular peer-reviewer for a number of economics journals and law and economics journals.

Her recent publications include “Against Endowment Theory: Experimental Economics and Legal Scholarship” (UCLA Law Review), “Do Damages Caps Reduce Medical Malpractice Insurance Premiums?: A Systematic Review of Estimates and the Methods Used to Produce Them” (Research Handbook on the Economics of Torts), “The Willingness to Pay-Willingness to Accept Gap, the “Endowment Effect,” Subject Misconceptions, and Experimental Procedures for Eliciting Valuations: Reply” (American Economic Review), “Cautions on the Use of Economics Experiments in Law” (Journal of Institutional and Theoretical Economics), and “Medical Malpractice Liability Crisis or Patient Compensation Crisis? (DePaul Law Review, Rising Stars Symposium).

Publications
  1. Kathryn Zeiler, "Mistaken About Mistakes," European Journal of Law and Economics (forthcoming).
    SSRN | Scholarly Commons
  2. Research Handbook on Behavioral Law and Economics, Kathryn Zeiler & Joshua Teitelbaum, eds., Edward Elgar Publishing (2018).
  3. Kathryn Zeiler, "What Explains Observed Reluctance to Trade? A Comprehensive Literature Review," in Research Handbook on Behavioral Law and Economics , Joshua Teitelbaum & Kathryn Zeiler, eds., Edward Elgar Publishing (2018). SSRN
  4. Kathryn Zeiler, "The Future of Empirical Legal Scholarship: Where Might We Go From Here?" 66 Journal of Legal Education 78 (2016).
    HeinOnline (BU) | HeinOnline | SSRN | Scholarly Commons
  5. Greg Klass & Kathryn Zeiler, "Against Endowment Theory: Experimental Economics and Legal Scholarship," 61 UCLA Law Review 2 (2013).
    SSRN | Scholarly Commons
  6. Kathryn Zeiler & Lorian Hardcastle, "Do Damages Caps Reduce Medical Malpractice Insurance Premiums?: A Systematic Review of Estimates and the Methods Used to Produce Them," in Research Handbook on the Economics of Torts 551, Jennifer Arlen, ed., Edward Elgar Publishing, Inc. (2013). SSRN | Scholarly Commons
  7. Kathryn Zeiler & Charles R. Plott, "The Willingness to Pay-Willingness to Accept Gap, the 'Endowment Effect,' Subject Misconceptions, and Experimental Procedures for Eliciting Valuations," 101 American Economic Review 1012 (2011). [Reply]
    SSRN
  8. Kathryn Zeiler, "Cautions on the Use of Economics Experiments in Law," 166 Journal of Institutional and Theoretical Economics 178 (2010).
    SSRN
  9. Kathryn Zeiler, "Medical Malpractice Liability Crisis or Patient Compensation Crisis?" in Symposium Rising Stars: A New Generation of Scholars Looks at Civil Justice: Fifteenth Annual Clifford Symposium on Tort Law and Social Policy, 59 DePaul Law Review 675 (2010).
    SSRN | HeinOnline (BU) | HeinOnline
  10. Kathryn Zeiler, "Empirical Health Law Scholarship: The State of the Field," in Symposium The O'Neill Institute for National and Global Health Law: Disease Prevention and Health Outcomes, 96 Georgetown Law Journal 649 (2007-08).
    SSRN | HeinOnline (BU) | HeinOnline
  11. Kathryn Zeiler, Charles Silver, Bernard S. Black, David A. Hyman & William M. Sage, "Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003," 33 The Geneva Paperson Risk Insurance: Issues and Practice 177 (2008).
    SSRN
  12. Kathryn Zeiler, David A. Hyman, Bernard S. Black, Charles Silver & William M. Sage, "Do Defendants Pay What Juries Award - Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003," in Symposium Medical Malpractice, 4 Journal of Empirical Legal Studies 3 (2007).
    SSRN | HeinOnline (BU) | HeinOnline
  13. Kathryn Zeiler & Charles R. Plott, "Exchange Asymmetries Incorrectly Interpreted as Evidence of Endowment Effect Theory and Prospect Theory?" 97 American Economic Review 1449 (2007).
    SSRN
  14. Kathryn Zeiler, Charles Silver, Bernard S. Black, David A. Hyman & William M. Sage, "Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003," in Symposium Current Research on Medical Malpractice Liability, 36 Journal of Legal Studies S9 (2007). Reprinted in Law and Economics of Insurance 683, Daniel Schwarcz, ed., Edward Elgar (2011)
    SSRN | HeinOnline (BU) | HeinOnline
  15. Kathryn Zeiler & Kimberly D. Krawiec, "Common-Law Disclosure Duties and the Sin of Omission: Testing the Meta-Theories," 91 Virginia Law Review 1795 (2005).
    SSRN | HeinOnline (BU) | HeinOnline
  16. Kathryn Zeiler, "Turning from Damage Caps to Information Disclosure: An Alternative to Tort Reform," 5 Yale Journal of Health Policy, Laww, and Ethics (2005). [Response to Case Study Question: How Can the Current State of Medical Malpractice Insurance Be Improved?]
    SSRN | HeinOnline (BU) | HeinOnline
  17. Kathryn Zeiler & Charles R. Plott, "The Willingness to Pay-Willingness to Accept Gap, the 'Endowment Effect,' Subject Misconceptions, and Experimental Procedures for Eliciting Valuations," 95 American Economic Review 530 (2005). Reprinted in New Developments in Experimental Economics 5, Enrica Carbone & Chris Starmer, eds., Edward Elgar (2007); Experimental Law and Economics, Jennifer Arlen & Eric Talley, eds., Edward Elgar (2008); Valuing Environment and Natural Resources 530, Kenneth G. Willis & Guy Garrod, eds., Edward Elgar (2012)
    SSRN
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