Daniel B. Kelly

Daniel B. Kelly

Professor of Law
Director, Fitzgerald Institute for Real Estate

Office: 3166 Eck Hall of Law
Phone: 574-631-7690
Fax: 574-631-0653
Email: daniel.kelly@nd.edu
Staff Assistant: Beth Smith
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Professor Dan Kelly teaches and writes in the areas of property law, real estate, remedies, and wills, trusts, and estates.  He serves as the Director of the Notre Dame Fitzgerald Institute for Real Estate and the Notre Dame Law and Economics Program.  

Kelly’s research focuses on the economic analysis of property rights, including the acquisition and assembly of land for development, the division and use of property through contracts, leases, and trusts, and the transfer of property at death. He has presented two articles at the Harvard/Stanford/Yale Junior Faculty Forum: “Strategic Spillovers,” published in the Columbia Law Review, and “The Right to Include,” published in the Emory Law Journal. 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.  His recent publications include “Fiduciary Principles in Fact-Based Fiduciary Relationships” in the Oxford Handbook of Fiduciary Law (2019) and “Law and Economics” in the Oxford Handbook of New Private Law (forthcoming 2020), a volume that he is co-editing with Andrew Gold, John Goldberg, Emily Sherwin, and Henry Smith.  

A member of the American Law Institute, Kelly is an Associate Reporter for the Restatement (Fourth) of Property.  He is a frequent lecturer on property at the Sponsors for Educational Opportunity Law Institute and is the current chair of the section on Trusts and Estates at the Association of American Law Schools. During spring 2016, he was a Visiting Professor of Law at the University of Chicago Law School.  At Notre Dame, he also serves as a faculty fellow at the Research Program on Law and Market Behavior, an instructor in the Philosophy, Politics, and Economics (PPE) program, and the faculty advisor for the Program of Study in Real Estate Law.  

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

Courses Taught

LAW60906, Property

LAW70203, Remedies

LAW70507, Trusts and Estates

LAW73145, Law and Economics Seminar

LAW73524, Property Theory Seminar

Scholarship

Law and Economics, in Oxford Handbook of New Private Law (Andrew S. Gold, John C.P. Goldberg, Daniel B. Kelly, Emily L. Sherwin, & Henry E. Smith eds., Oxford University Press, forthcoming 2020).

Fiduciary Principles in Fact-Based Fiduciary Relationships, in Oxford Handbook of Fiduciary Law 3-22 (Evan J. Criddle, Paul B. Miller, & Robert H. Sitkoff eds., Oxford University Press 2019).

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 Law Journal 857-924 (2014).

Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications, 82 Fordham Law Review 1125-1185 (2013).

Strategic Spillovers, 111 Columbia Law Review 1641-1721 (2011).

Acquiring Land Through Eminent Domain: Justifications, Limitations, and Alternatives, in Research Handbook on the Economic Analysis of Property Law 344-371 (Kenneth Ayotte & Henry E. Smith eds., Edward Elgar 2011).

Pretextual Takings: Of Private Developers, Local Governments, and Impermissible Favoritism, 17 Supreme Court Economic Review 173-235 (2009).

The Limitations of Majoritarian Land Assembly, 122 Harvard Law Review Forum 7-17 (2009).

The “Public Use” Requirement in Eminent Domain Law: A Rationale Based on Secret Purchases and Private Influence, 92 Cornell Law Review 1-65 (2006).

Areas of Expertise

  • Law & Economics
  • Property Law
  • Real Estate Law / Development
  • Trusts & Estates