Daniel B. Kelly

Professor of Law

Office: 3166 Eck Hall of Law
Phone: 574.631.7690
Fax: 574.631.0653
Email: daniel.kelly@nd.edu
Staff Assistant: Tracy Zielke
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SSRN: View

Dan Kelly teaches and writes in the areas of property law and wills, trusts, and estates. He is a member of the American Law Institute and serves as an Associate Reporter for the Restatement (Fourth) of Property.

Professor Kelly's research focuses on the economic analysis of property law, including the assembly of land for economic development, the divisibility of property among multiple parties, and the transfer of wealth at death. His research on eminent domain has appeared in the Cornell Law Review, Harvard Law Review Forum, Supreme Court Economic Review, and Research Handbook on the Economic Analysis of Property Law. He has presented two property articles at the Harvard/Stanford/Yale Junior Faculty Forum: “Strategic Spillovers,” published in Columbia Law Review, and “The Right to Include,” published in Emory Law Journal. In addition, he has written several articles on wills and trusts, including "Toward Economic Analysis of the Uniform Probate Code" and "Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications".

Professor Kelly is the co-director and co-founder (with Margaret Brinig) of the Notre Dame Law and Economics Program. Established in 2010, the Program features an interdisciplinary seminar and symposium in which students and faculty explore current research in the economic analysis of law. He also has served as a referee for the American Law and Economics Review, European Association of Law and Economics, Harvard Law Review, Journal of Law, Economics, and Organization, Journal of Legal Analysis, University of Chicago Law Review, University of Chicago Press, Yale Law Journal, and Yale University Press.

Before joining the law school faculty, Kelly was a clerk on the U.S. Court of Appeals for the Second Circuit, an attorney at Cravath, Swaine & Moore, and a research fellow at Yale and Harvard Law School. He is a graduate of Harvard Law School and the University of Notre Dame.

Courses Taught

LAW60906, Property (Spring 2015, Spring 2014, Spring 2013, Spring 2011, Spring 2010)
LAW70203, Remedies (Spring 2015)
LAW70507, Trusts and Estates (Spring 2014, Spring 2012, Fall 2010)
Trusts & Estates: US/UK Comparative Perspective (Fall 2011, in London)
LAW73145, Law and Economics Seminar (Fall 2014, Fall 2013, Spring 2013, Spring 2012, Fall 2010)
LAW73524, Property Theory Seminar (Fall 2009)
Law and Economics Colloquium (Fall 2014)



“Anti-Opportunism Rules in Succession Law” (in progress)

“How Real Estate Developers Assemble Land” (in progress)

“Categorical Versus Ad Hoc Fiduciaries" (in progress)

Economic Analysis of Fiduciary Law, in Research Handbook on Fiduciary Law (Andrew Gold & D. Gordon Smith, Edward Elgar Press 2016) (forthcoming).

The Law and Economics of Trust Term Extension, 67 Florida Law Review Forum __ (2015) (forthcoming).

Dividing Possessory Rights, in Law and Economics of Possession 175-206 (Yun-Chien Chang ed., Cambridge University Press 2015).

The Right to Include, 63 EMORY L.J. 857-924 (2014).

Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications, 82 Fordham Law Review 1125 (2013).

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 News

Professor Dan Kelly Elected to The American Law Institute - February 4, 2015
A Productive Partnership: Notre Dame’s new Law and Economics Program is much in demand – Notre Dame Lawyer (spring 2011), pg 12.
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