Daniel B. Kelly

Associate 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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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 research on eminent domain and other mechanisms for assembling land and promoting economic development 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. In a recent article in the Columbia Law Review, Kelly explores the idea of “Strategic Spillovers,” externalities in which parties purposely generate, or threaten to generate, harm in their use of property in order to extract payments in exchange for desisting. Currently, he is working on a series of papers relating to the optimal division of property rights and the distribution of property at death, including Toward Economic Analysis of the Uniform Probate Code, Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications, and The Divisibility of Possessory Rights. He has presented his scholarship at various conferences and workshops, such as the American Law and Economics Association, Canadian Law and Economics Association, European Law and Economics Association, International Society for New Institutional Economics, and the Harvard/Stanford/Yale Junior Faculty Forum.

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. The Program 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 legal scholars, economists, and other social scientists present their current research and ideas. The seminar and symposium provide students an opportunity to engage with scholarship by leading academics and help to facilitate intellectual exchange across multiple departments of the University.

Kelly has served as a referee for the American Law and Economics Review, 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.

Courses Taught

LAW60906, Property (Spring 2014, Spring 2013, Spring 2011, Spring 2010)
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 2013, Spring 2013, Spring 2012, Fall 2010)
LAW73524, Property Theory Seminar (Fall 2009)



“Allocating Property at Death: A Comparative Institutional Analysis of Succession Law” (in progress)

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

“Rules Versus Standards in Wills, Trusts, and Estates” (in progress)

“Dividing Possessory Rights” (forthcoming in The Law and Economics of Possession, Cambridge University Press)

“The Right to Include” (forthcoming Emory Law Journal)

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