CV (PDF)

“The economic analysis of law is significant because it is an analytically rigorous way of analyzing legal rules and legal decisions. Understanding how individuals and firms respond to incentives, whether it be a criminal penalty or a tax on pollution, is an important aspect of designing the best possible legal system and thereby promoting the common good.”

Daniel B. Kelly

Associate Professor of Law

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

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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 currently working on several projects relating to the economic analysis of trusts and estates, with a particular emphasis on the ex ante/ex post distinction and rules versus standards.

Professor Kelly is also the co-director and co-founder (with Margaret Brinig) of the Notre Dame Law and Economics Program, 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. The seminar provides students with an opportunity to research and discuss scholarship by leading academics while simultaneously earning course credit.

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In the News

• Professor 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

LAW60906, Property
     Spring 2011
     Spring 2010

LAW70507, Trusts and Estates
     Spring 2012
     Fall 2010

Trusts & Estates: US/UK Comparative Perspective

LAW73145, Law and Economics Seminar
     Spring 2012
     Fall 2010

LAW73524, Property Theory Seminar

Notre Dame Law and Economics (NDL&E) Program

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Faculty Expertise Areas

Teaching Interests:
Law & Economics Seminar
Property
Property Seminar
Trusts and Estates
Trust & Estates: US/UK Comparative Perspective

Research Interests:
Land Use Planning & Regulation
Law & Economics
Property Law
Trusts & Estates

Articles

“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 University of Michigan Journal of Law Reform __ (forthcoming 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).