Daniel B. Kelly

Professor of Law; Faculty Director, Fitzgerald Institute for Real Estate

Professor Dan Kelly teaches and writes in the areas of property law, real estate, remedies, and wills, trusts, and estates. Kelly has taught as a professor at Notre Dame since 2009, and he has been a Visiting Professor of Law at the University of Chicago Law School and the Louis D. Brandeis Visiting Professor of Law at Harvard Law School.  He currently serves as the director of the University of Notre Dame's Fitzgerald Institute for Real Estate and director of the Law School's Program on Law & Economics.  

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. His research on eminent domain and land assembly has appeared in the Cornell Law ReviewHarvard Law Review ForumSupreme Court Economic Review, and Research Handbook on the Economic Analysis of Property Law.  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 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 The New Private Law (2020), a volume he co-edited with Andrew Gold, John Goldberg, Emily Sherwin, and Henry Smith.

Kelly serves the Director of the Fitzgerald Institute for Real Estate, an interdisciplinary, University-wide initiative involving faculty, students, and alumni from Arts & Letters, Architecture, Business, Engineering, and Law. The Fitzgerald Institute fosters research on real estate investment, development, and law, housing and urban economics, real estate technology and construction, and Church properties.  The Institute also supports academic and industry programs, including a minor in Real Estate for undergraduate students, courses for graduate and professional students, and conferences, events, and networking opportunities for faculty, students, and industry partners. 

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 law at the Sponsors for Educational Opportunity Law Institute.  At the Law School, Kelly also serves as the faculty advisor for the Program of Study in Real Estate Law and the Real Estate Law Society.   

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. He is a graduate of Harvard Law School and the University of Notre Dame.