Daniel B. Kelly
Robert and Marion Short Scholar and Associate Professor of Law
Daniel B. Kelly is a promising scholar in property law and trusts and estates and has assisted in developing the University’s law-and-economics curriculum.
Professor Kelly’s teaching and research interests include property, land use planning, and trusts and estates. His scholarly work has focused on the economic analysis of property law, especially the use of eminent domain, secret buying agents, and other mechanisms for circumventing holdouts and promoting economic development. To this end, he has published articles in the Cornell Law Review, Harvard Law Review Forum, and Supreme Court Economic Review and has a chapter in the Research Handbook on the Economic Analysis of Property Law. His latest article, published in the Columbia Law Review, explores the problem of “Strategic Spillovers,” situations in which parties may purposely generate harm (or threaten to generate harm) in their use of property in order to extract payments in exchange for desisting. He is also working on several papers relating to the economic analysis of trusts and estates, with a particular emphasis on the ex ante/ex post distinction and rules versus standards, including a recent article, Toward Economic Analysis of the Uniform Probate Code, which he presented at the 2011 American College of Trust & Estate Counsel Symposium.
Professor Kelly is also the co-director and co-founder (with Margaret Brinig) of the Notre Dame Law and Economics Program (NDL&E), an interdisciplinary program that was launched in fall 2010. NDL&E features a Law and Economics seminar, a workshop-style class in which students and faculty investigate issues at the intersection of law and economics, law and the social sciences, and law and business, and a Law and Economics symposium, an annual event in which eminent legal scholars, economists, and other social scientists present their work on topics of current interest. The seminar and symposium provide students with an opportunity to engage with scholarship by leading academics and help to facilitate intellectual exchange across multiple departments of the University.
Courses TaughtLAW60906, Property
LAW70507, Trusts and Estates
Trusts & Estates: US/UK Comparative Perspective
LAW73145, Law and Economics Seminar
LAW73524, Property Theory Seminar
"Ex Ante Versus Ex Post Considerations in Wills, Trusts, and Estates" (in progress).
"Rules Versus Standards in Wills, Trusts, and Estates" (in progress).
Toward Economic Analysis of the Uniform Probate Code, 45 U. Mich. J.L. Reform 855-98 (2012).
Strategic Spillovers, 111 Columbia Law Review 1641 (2011).
Acquiring Land Through Eminent Domain: Justifications, Limitations, and Alternatives, in Research Handbook on the Economic Analysis of Property Law (Kenneth Ayotte & Henry E. Smith, eds., Edward Elgar 2011).
Pretextual Takings: Of Private Developers, Local Governments, and Impermissible Favoritism, 17 Supreme Court Economic Review 173 (2009).
The Limitations of Majoritarian Land Assembly, 122 Harvard Law Review Forum 7 (2009).
The 'Public Use' Requirement in Eminent Domain Law: A Rationale Based on Secret Purchases and Private Influence, 92 Cornell Law Review 1 (2006).
Areas of Expertise
- Law & Economics
- Property Law
- Trusts & Estates
In the NewsProfessor Brinig and Kelly Launch New Program in Law & Economics – September 15, 2010
NDLS Hosts Law & Economics Conference – October 01, 2009
Featured Faculty on NDLS Home Page: Daniel B. Kelly – September 21, 2009