Recent ​Faculty Scholarship

​Committed to the pursuit of academic excellence, the University of San Diego School of Law's faculty is recognized nationally for their scholarly impact.

USD's community of scholars author leading casebooks and treatises, scholarly monographs published by the finest university presses and influential articles in the nation's leading law reviews. Faculty members come from diverse personal, professional and academic backgrounds and include numerous former judicial clerks, practitioners from the private and public sectors as well as both sitting and former judges.

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Kelly, Michael

Books

  • Contract Law in Focus (with Ponte) (Wolters Kluwer, 2017)
  • Principles of Remedies Law, no. 3 (with Weaver, and Shoben) (West Academic Publishing, 2017)
  • Remedies: A Contemporary Approach, no. 4 (with Weaver, Partlett, and Cardi) (West Academic Publishing, 2016)
  • Remedies: Cases, Practical Problems & Exercises, no. 3rd (with Weaver, Partlett, and Cardi) (West Academic Publishing, 2014)
  • Principles of Remedies Law, no. 2nd (West Academic Publishing, 2011)
  • Inside Contract Law: What Matters and Why (Wolters Kluwer, 2010)
  • Remedies (West Academic Publishing, 2005)
  • Contracts: Aspen Roadmap Law Course Outline (Aspen Law & Business, 1997)

Chapters of Books or Articles within Books

  • “Evaluating Medical Residents” in How to Evaluate Residents (with Rankin) (Langsley, and Lloyd, eds.) (American Board of Medical Specialties, 1986)

Journal Articles

  • “What Makes the collateral Source Rule Different?” in 39 Akron Law Review 1171 (2006)
  • “Who Knows?” in 42 San Diego Law Review 841 (2005)
  • “Do Punitive Damages Compensate Society?” in 40 San Diego Law Review 1429 (2004)
  • “It's Not My Job!” in 36 Loyola of Los Angeles Law Review 887 (2003)
  • “Reflections on Remedies” in 39 Brandeis Law Review 547 (2001)
  • The Phantom Reliance Interest in Tort Damages” in 38 San Diego Law Review 169 (2001)
  • “Reflections on Barnett's Contracts: Cases and Doctrine” in 20 University of Seattle Law Review 343 (1997)
  • “Defendant's Responsibility to Minimize Plaintiff's Loss: A Curious Exception to the Avoidable Consequences Doctrine” in 47 South Carolina Law Review 391 (1996)
  • “Living Without the Avoidable Consequences Doctrine in Contract Remedies” in 33 San Diego Law Review 175 (1996)
  • The Phantom Reliance Interest in Contract Damages” in 92 Wisconsin Law Review 1755 (1992)
  • “The Rightful Position in 'Wrongful Life' Actions” in 42 Hastings Law Journal 505 (1991)

Presentations and Conferences

  • "Arbitration and the Battle for Freedom of Contract" at Osher Institute for Lifelong Learning at University of California (2016)
  • "Performance Based Damages in the Restatment (Third) of Restitution and Unjust Enrichment" at Southeast Association of Law Schools Annual Meeting at (2010)
  • "First Thing We Do, Let's Kill Off Distance Learning!!" at Southeast Association of Law Schools Annual Meeting at (2009)
  • "Contract Remedies & the Bottom Line" at AALS Remedies Section at (2007)
  • "Incormporating Skills Training into Substantive Courses" at Teaching Skills Across the Curriculum at Southeast Association of Law Schools Annual Meeting (2006)
  • "Tort Reform" at AALS Remedies Section at (2006)
  • "Lawsuits Without Injury" at at American Institute (2003)
  • "Attorneys Fees After Buckhannon" at AALS Remedies Section at (2002)
  • "W(h)ither the Reliance Interest?" at AALS Remedies Section at (2000)

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