Faculty Scholarship

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click to view scholarship for this faculty Kelly, Michael B.


  • Contract Law in Focus (with Ponte) (Wolters Kluwer, 2017)
  • Principles of Remedies Law, 3 Ed. (with Weaver, and Shoben) (West Academic Publishing, 2017)
  • Remedies: A Contemporary Approach, 4 Ed. (with Weaver, Partlett, and Cardi) (West Academic Publishing, 2016)
  • Remedies: Cases, Practical Problems & Exercises, 3rd Ed. (with Weaver, Partlett, and Cardi) (West Academic Publishing, 2014)
  • Principles of Remedies Law, 2nd Ed. (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 (December 2016)
  • "Performance Based Damages in the Restatment (Third) of Restitution and Unjust Enrichment" at Southeast Association of Law Schools Annual Meeting (August 2010)
  • "First Thing We Do, Let's Kill Off Distance Learning!!" at Southeast Association of Law Schools Annual Meeting (August 2009)
  • "Contract Remedies & the Bottom Line" at AALS Remedies Section (January 2007)
  • "Incormporating Skills Training into Substantive Courses" at Teaching Skills Across the Curriculum at Southeast Association of Law Schools Annual Meeting (July 2006)
  • "Tort Reform" at AALS Remedies Section (January 2006)
  • "Lawsuits Without Injury" at American Institute (January 2003)
  • "Attorneys Fees After Buckhannon" at AALS Remedies Section (January 2002)
  • "W(h)ither the Reliance Interest?" at AALS Remedies Section (January 2000)


Office of the Dean
Warren Hall, Room 201
Phone: (619) 260-4527