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, Boston University School of Law, and Heidelberg University.

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 advancement of empirical legal studies, 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 current Chair of the board of directors for the Society of Empirical Legal Studies. She was elected to serve as the 2020-2021 Secretary-Treasurer for the American Law and Economics Association. She holds positions on the editorial board of the American Law and Economics Review and Behavioral Science and Policy. She has served as a member of the Max Planck Institute’s Scientific Review Board for Research on Collective Goods (2011–2018) and 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 RESEARCH HANDBOOK ON BEHAVIORAL LAW AND ECONOMICS (Edward Elgar Publishing), “What Explains Observed Reluctance to Trade?: A Comprehensive Literature Review” (in Research Handbook on Behavioral Law and Economics), “Mistaken About Mistakes” (European Journal of Law and Economics), “Law, Technology, and Patient Safety” (DePaul Law Review), and “The Future of Empirical Legal Scholarship: Where Might We Go From Here?” (Journal of Legal Education).

Publications
  1. Jason M. Chin, Tobias Heycke, Alexander C. DeHaven, Alex Holcombe, David Mellor, Justin Pickett, Crystal Steltenpohl, Simine Vazire & Kathryn Zeiler, "Improving the Credibility of Empirical Legal Research: Practical Suggestions for Researchers, Journals and Law Schools," 3 Law, Technology and Humans 1 (2021).
    Publisher | SSRN | Scholarly Commons
  2. Jason M. Chin & Kathryn Zeiler, "Replicability in Empirical Legal Research," Annual Review of Law and Social Science (forthcoming).
    SSRN | Scholarly Commons
  3. Kathryn Zeiler & Gregory Hardy, "Law, Technology, and Patient Safety," 68 DePaul Law Review 459 (2019).
    SSRN | Scholarly Commons
  4. Kathryn Zeiler, "Mistaken About Mistakes," 48 European Journal of Law and Economics 9 (2019).
    SSRN | Scholarly Commons
  5. Kathryn Zeiler, "Investigating the Politics of Legal Empirics: Possible Next Steps," 174 Journal of Institutional and Theoretical Economics 238 (2018).
    Publisher
  6. Research Handbook on Behavioral Law and Economics, Kathryn Zeiler & Joshua Teitelbaum, eds., Edward Elgar Publishing (2018).
  7. Kathryn Zeiler, "What Explains Observed Reluctance to Trade? A Comprehensive Literature Review," in Research Handbook on Behavioral Law and Economics 347, Joshua Teitelbaum & Kathryn Zeiler, eds., Edward Elgar Publishing (2018). SSRN | Scholarly Commons
  8. Kathryn Zeiler, "Communication-and-Resolution Programs: The Jury Is Still Out," 177 JAMA Internal Medicine 1603 (2017).
    Publisher
  9. 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
  10. Greg Klass & Kathryn Zeiler, "Against Endowment Theory: Experimental Economics and Legal Scholarship," 61 UCLA Law Review 2 (2013).
    SSRN | Scholarly Commons
  11. 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
  12. Kathryn Zeiler & Charles R. Plott, "The Willingness to Pay-Willingness to Accept Gap, the 'Endowment Effect,' Subject Misconceptions, and Experimental Procedures for Eliciting Valuations: Reply," 101 American Economic Review 1012 (2011).
    SSRN | Scholarly Commons
  13. Kathryn Zeiler, "Cautions on the Use of Economics Experiments in Law," 166 Journal of Institutional and Theoretical Economics 178 (2010).
    SSRN | Scholarly Commons
  14. 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 | Scholarly Commons
  15. 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 | Scholarly Commons
  16. 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 | Scholarly Commons
  17. 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 | Scholarly Commons
  18. 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 | Scholarly Commons
  19. 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 | Scholarly Commons
  20. 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 | Scholarly Commons
  21. 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 | Scholarly Commons
  22. 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 | Scholarly Commons
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