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About Daniel B Kelly

Daniel B. Kelly is a 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 distribution of property at death, including Toward Economic Analysis of the Uniform Probate Code, “Allocating Property at Death: A Comparative Institutional Analysis of Succession Law,” and “Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications.” 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. It also has 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.

Before joining the NDLS faculty Professor Kelly was a clerk on the U.S. Court of Appeals for the Second Circuit, an attorney at Cravath, Swaine & Moore, and a fellow at Yale and Harvard Law School.


Present Professor of Law, Notre Dame Law School

Curriculum Vitae

Research Interests

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2005 Juris Doctor, Harvard University ‐ Harvard Law School
2002 Bachelor of Arts, University of Notre Dame

Contact Information

Office: 3166 Eck Hall of Law
Phone: 574.631.7690


Articles (8)

Presentations (9)

Other (2)