Kathryn Zeiler

Kathryn Zeiler

Professor of Law

Nancy Barton Scholar
Co-Director of the Health Law Program

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


Biography

Professor Kathryn Zeiler is a Nancy Barton Scholar and Professor of Law. Prior to joining the BU Law faculty in 2015, Professor Zeiler was a Professor of Law at the Georgetown University Law Center (2003 to 2015). She has held visiting professorships at Boston College School of Law, Harvard Law School, NYU School of Law, Hebrew University Faculty of Law, and Heidelberg University Faculty of Law. Professor Zeiler teaches in the areas of tort law, health law and law and economics. She was nominated in 2021 for the Boston University Provost’s Scholar-Teacher of the Year award, and in 2025 for the Boston University Melton Teaching Award. 

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, metaresearch, importation of experimental economics results and behavioral economics theories into legal scholarship, the medical malpractice liability system, malpractice insurance markets, and patient safety. She is co-editor of the Research Handbook on Behavioral Law and Economics (2018) and has published numerous articles in journals including Connecticut Law Review, UCLA Law Review, Virginia Law Review, Georgetown Law Journal, American Economic Review, Journal of Legal Studies, Journal of Empirical Legal Studies, and Annual Review of Law and Social Science. She is currently working on a replication project to test the credibility of quantitative empirical studies relied on by the U.S. Supreme Court.

Professor Zeiler is a Fellow and past chair of the board of directors for the Society of Empirical Legal Studies. She was elected to serve as the 2020 to 2021 Secretary-Treasurer for the American Law and Economics Association, served as vice president in 2021 to 2022, and president and host of the association’s annual meeting in 2022 to 2023. She was elected in 2022 to a three-year term on the board of the Association for Interdisciplinary Meta-Research and Open Science and has served as vice president (2022). She was appointed in 2021 to the Advisory Board of ReplicationWiki and in 2023 to the Steering Committee of the Aumann-Fischer Center for Law, Economics, and Public Policy housed at Hebrew University Law Faculty. She holds positions on the editorial boards of Behavioral Science and Policy, an academic journal, and MetaROR, a publish-review-curate platform. She served as a member of the Max Planck Institute’s Scientific Review Board for Research on Collective Goods (2011 to 2018) and as a member of the board of directors of the American Law and Economics Association (2010 to 2012). She is a regular peer-reviewer for several economics, law and economics, health policy and medical journals.

View all of Professor Zeiler’s activities and engagements.

News

Publications

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  • Christopher Robertson, Elizabeth McCuskey, Aziza Ahmed, Dionne Lomax, Kathryn Zeiler, Dianne McCarthy, Laura Stephens, Michael Ulrich, Lawrence Vernaglia, Danielle Pelfrey Duryea, Nicole Huberfeld & Kevin Outterson, Celebrating 70 Years of Health Law at BU 50 American Journal of Law & Medicine (2025)
    Scholarly Commons
  • Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher & Ann Guo, Metaresearch, Psychology, and Law: A Case Study on Implicit Bias 56 Connecticut Law Review (2023)
    Scholarly Commons
  • Jason Chin & Kathryn Zeiler, Replicability in Empirical Legal Research 17 Annual Review of Law and Social Science (2021)
    Scholarly Commons
  • Jason Chin, Alexander DeHaven, Tobias Heycke, Alexander 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 (2021)
    Scholarly Commons
  • Kathryn Zeiler, Mistaken About Mistakes 48 European Journal of Law and Economics (2019)
    Scholarly Commons
  • Kathryn Zeiler & Gregory Hardy, Law, Technology and Patient Safety 68 Law, Technology, and Patient Safety (2019)
    Scholarly Commons
  • Kathryn Zeiler & Erica Puccetti, Crime, Punishment, and Legal Error: A Review of the Experimental Literature Boston University School of Law, Law and Economics Research Paper (2018)
    Scholarly Commons
  • Joshua Teitelbaum & Kathryn Zeiler, Research Handbook on Behavioral Law and Economics (2018)
    Scholarly Commons
  • Kathryn Zeiler, Investigating the Politics of Legal Empirics: Possible Next Steps 174 Journal of Institutional and Theoretical Economics (2018)
    Scholarly Commons
  • Kathryn Zeiler, What Explains Observed Reluctance to Trade? A Comprehensive Literature Review, in Research Handbook on Behavioral Law and Economics (Joshua Teitelbaum and Kathryn Zeiler,2018)
    Scholarly Commons
  • Kathryn Zeiler, The Future of Empirical Legal Scholarship: Where Might We Go From Here? 66 Journal of Legal Education (2016)
    Scholarly Commons
  • Greg Klass & Kathryn Zeiler, Against Endowment Theory: Experimental Economics and Legal Scholarship 61 UCLA Law Review (2013)
    Scholarly Commons
  • 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 No. 12-042 Georgetown Law and Economics Research Paper Series (2012)
    Scholarly Commons
  • Charles Plott & Kathryn Zeiler, The Willingness to Pay-Willingness to Accept Gap, the 'Endowment Effect,' Subject Misconceptions, and Experimental Procedures for Eliciting Valuations: Reply 101 American Economic Review (2011)
    Scholarly Commons
  • Kathryn Zeiler, Medical Malpractice Liability Crisis or Patient Compensation Crisis? 59 DePaul Law Review (2010)
    Scholarly Commons
  • Kathryn Zeiler, Cautions on the Use of Economics Experiments in Law 166 Journal of Institutional and Theoretical Economics (2010)
    Scholarly Commons
  • Kathryn Zeiler, Empirical Health Law Scholarship: The State of the Field 96 Georgetown Law Journal (2008)
    Scholarly Commons
  • Charles Silver, Kathryn Zeiler, Bernard Black, David Hyman & William Sage, Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003 33 The Geneva Paperson Risk Insurance: Issues and Practice (2008)
    Scholarly Commons
  • David A. Hyman, Bernard S. Black, Kathryn Zeiler, Charles Silver & William M. Sage, Do Defendants Pay What Juries Award - Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003 4 Journal of Empirical Legal Studies (2007)
    Scholarly Commons
  • Charles R. Plott & Kathryn Zeiler, Exchange Asymmetries Incorrectly Interpreted as Evidence of Endowment Effect Theory and Prospect Theory? 97 American Economic Review (2007)
    Scholarly Commons
  • Kathryn Zeiler, Charles Silver, Bernard Black, David Hyman & William Sage, Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003 36 Journal of Legal Studies (2007)
    Scholarly Commons
  • Kathryn Zeiler, Turning from Damage Caps to Information Disclosure: An Alternative to Tort Reform 5 Yale Journal of Health Policy, Law, and Ethics (2005)
    Scholarly Commons
  • Charles R. Plott & Kathryn Zeiler, The Willingness to Pay-Willingness to Accept Gap, the 'Endowment Effect,' Subject Misconceptions, and Experimental Procedures for Eliciting Valuations 95 American Economic Review (2005)
    Scholarly Commons
  • Kimberly Krawiec & Kathryn Zeiler, Common Law Disclosure Duties and the Sin of Omission: Testing the Meta-Theories 91 Virginia Law Review (2005)
    Scholarly Commons

In the Media

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  • Harvard Law School January 21, 2025

    Promoting Reliability and Replicability in Empirical Legal Research

    Kathryn Zeiler's work is mentioned.
    read more

  • IMDiversity November 25, 2024

    The Peer Review System No Longer Works to Guarantee Academic Rigour – a Different Approach Is Needed

    Kathryn Zeiler pens an opinion.
    read more

  • AIMOS December 2, 2021

    Kathryn Zeiler Elected to the Board of the Association for Interdisciplinary Meta-Research and Open Science

    Kathryn Zeiler is mentioned.
    read more

  • April 10, 2020

    Triage Complications Resulting from COVID-19

    Kathryn Zeiler quoted in <em>Physicians Practice</em>.
    read more

  • August 26, 2019

    GW Hospital Faces Uptick in Medical Malpractice Lawsuits

    Kathryn Zeiler is quoted in the <em>GW Hatchet</em>.
    read more

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Stories from The Record

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Activities & Engagements

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Courses

Health Care Finance: LAW JD 867

3 credits

This 3-credit course will cover the legal structures governing public and private health care finance. Topics will include an overview of health care and health care insurance markets, the economics of health care insurance, the Affordable Care Act (federal and state health care insurance exchanges, Accountable Care Organizations, design and administration of health plans, benefits design including Essential Health Benefits, appeals and remedies) and related litigation, ERISA preemption, determination of medical appropriateness and related ERISA provisions, provider reimbursement, Medicare and Medicaid regulation including Medicaid expansion. Grades will be based primarily on a 3-hour, in-class final examination. Student participation is required and will affect course grades. No prerequisites.

FALL 2025: LAW JD 867 A1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:40 am 12:05 pm 3 Kathryn Zeiler

Law & Economics Workshop: LAW JD 940

3 credits

The Law and Economics Seminar is a research workshop. Class sessions will alternate between (1) lectures on selected topics in microeconomic theory and empirical methods, including methodology commonly used in law and economics scholarship, and (2) presentations of working papers by outside speakers (typically faculty members from other institutions). The specific legal topics considered will vary depending on the interests of the speakers, but all paper presentations will focus on application of economics concepts and tools to legal and regulatory issues. Students are responsible for preparing short memoranda that respond to the presented papers. Final grades depend on attendance and participation. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

SPRG 2026: LAW JD 940 A1 , Jan 12th to May 8th 2026
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Kathryn Zeiler

Torts: LAW JD 892

4 credits

Principles of civil recovery for injury, including strict liability, negligence, and the intentional torts, with emphasis on the social, economic, and moral underpinnings of the doctrines.

FALL 2025: LAW JD 892 A1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Andrew Elmore
FALL 2025: LAW JD 892 B1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Mon,Tue,Wed 9:15 am 10:30 am 4 James E. Fleming
FALL 2025: LAW JD 892 C1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 11:45 am 4
Wed,Thu 9:15 am 10:30 am 4
FALL 2025: LAW JD 892 D1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Kathryn Zeiler
FALL 2025: LAW JD 892 E1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Tue,Thu 8:30 am 10:30 am 4 Jed Handelsman Shugerman