Daniel B. Kelly

Associate Professor of Law

Office: 3166 Eck Hall of Law
Telephone: 574.631.7690
Email: daniel.kelly@nd.edu
Staff Assistant: Debi Jones

Dan Kelly joins the Notre Dame Law School faculty in the fall of 2009. Prior to joining the faculty, Professor Kelly was a Terence M. Considine Research Fellow in Law and Economics and Lecturer on Law at Harvard Law School. Previously, he clerked for the Honorable Richard C. Wesley of the U.S. Court of Appeals for the Second Circuit, worked as a litigation associate at Cravath, Swaine & Moore LLP, and was a John M. Olin Research Fellow at Yale Law School.

Professor Kelly’s research and teaching interests include property, land use, and natural resources law, as well as trusts and estates. His current projects explore the effectiveness of eminent domain, secret buying agents, and other mechanisms for overcoming holdouts and assembling land and the idea of “strategic spillovers,” the opportunistic use of property to harm others in order to extract payments in exchange for desisting.

Professor Kelly received his J.D., cum laude, in 2005 from Harvard Law School and his B.A., summa cum laude, in 2002 from the University of Notre Dame.

In the News

• NDLS Hosts Law & Economics Conference – October 01, 2009
• Featured Faculty on NDLS Home Page: Daniel B. Kelly – September 21, 2009

LAW73524, Property Theory Seminar
Property

Faculty Expertise Areas

• Property law (including zoning, takings, etc.)
• Land Use Planning and Regulation
• Law and Economics

Articles

“Strategic Spillovers” (in progress)

“Tradable Environmental Allowances: Property, Non-Property, or Quasi-Property?” (in progress)

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).