School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
University of Arkansas
Fayetteville, AR 72701
Phone: (479) 575-5601
Senior Associate Dean of Academic Affairs, Arkansas Bar Foundation Professor of Law
Phone: (479) 575-2714
Carl Circo joined the faculty of the University of Arkansas School of Law in 2003. He teaches Real Estate Transactions, Construction Law, Land Use, Negotiations, and Wills, Trusts, and Estates. He also supervises students in the Corporate Counsel Externship. He received his B.A. in Philosophy (1971) and his J.D. from the University of Nebraska (1976), where he graduated first in his law school class. Following law school, he served as law clerk to Chief Judge Warren K. Urbom of the United States District Court for the District of Nebraska. He has served as an assistant professor at the Benjamin N. Cardozo School of Law in New York City, a visiting assistant professor at the University of Nebraska College of Law, and an adjunct professor at the University of Missouri-Kansas City School of Law.
He has been admitted to practice in Arkansas, Nebraska, Missouri, and Kansas. For over 20 years, he practiced with Stinson Morrison Hecker LLP, a Kansas City- based regional firm, where he devoted most of his time to real estate matters, business transactions, and construction law. He also established and directed the firm's professional development program for associates.
Professor Circo has been a fellow of the American College of Real Estate Lawyers since 1993, and he has held numerous leadership positions in sections and committees of the American Bar Association and state bar associations. His recent publications include articles on construction and design law, sustainable development, and real estate transactions. Several of his current scholarly articles are available on SSRN. When sufficiently provoked, Professor Circo has been known to play a mean accordion.
Law Review and Professional Journal Articles
"Allocating Green Building Risks in Construction and Design Contracts: What Do Green Building Contracts Have to Do with Theory, Policy, and Reform in Construction and Design Law?" (work in progress).
"An Educational Partnership Model for Establishing, Structuring, and Implementing a Successful Corporate Counsel Externship", 17 Clinical L. Rev. ___ (forthcoming, December, 2010).
"Real Estate Project Valuation and Underwriting — A Primer", 2010 Ark. L. Notes ___ (forthcoming).
"Real Estate Project Valuation and Underwriting Metrics — A Refresher", Am. C. Real Est. Law. News, April 2010, at 5.
"Does Sustainability Require a New Theory of Property Rights?," 58 Kan. L. Rev. 91 (2009).
"Should Owners and Developers of Low-Performance Buildings Pay Impact or Mitigation Fees to Finance Green Building Incentive Programs and Other Sustainable Development Initiatives?", 34 Wm & Mary Envtl L. & Pol'y Rev. 55 (2009).
"Using Mandates and Incentives to Promote Sustainable Construction and Green Building Projects in the Private Sector: A Call for More State Land Use Policy Initiatives", 112 Penn. St. L. Rev. 731 (2008).
"Put the Arkansas Construction Lien Notice Statute Out of Its Misery", 2008 Ark. L. Notes 3.
"Placing the Commercial and Economic Loss Problem in the Construction Industry Context" , 41 J. Marshall L. Rev. 39 (2007).
"How Does the Arkansas Trust Code Affect Real Estate Transactions?", 2007 Ark. L. Notes 45.
"Why Real Estate Lawyers Should Care About the Uniform Trust Code", Am. C. Real Est. Law. News, May 2007, at 3.
"Learning from Real Estate Lore", 2007 Ark. L. Notes 57.
"Contract Theory and Contract Practice: Allocating Design Responsibility in the Construction Industry", 58 Fla. L. Rev. 561 (2006).
"An Exchange of Collegial Memoranda on the Attachment of a udgment Lien to Real Property Subject to a Buy-Sell Agreement", 2006 Ark. L. Notes 93 (co-authored with Robert Laurence).
"When Specialty Designs Cause Building Disasters: Responsibility for Shared Architectural and Engineering Services", 84 Neb. L. Rev. 162 (2005).
"Why Is this Boilerplate in My Real Estate Contract?", 2005 Ark. L. Notes 1.
"Crafting a License to Use Architectural Plans", Am. C. Real Est. Law. News, May 2005, at 15 (co-authored with Penny Slicer).
"Building a Better Construction and Design Contract", Prac. Law., July 2000, at 21.
"Small Construction Contracts: Big Issues", Prob. & Prop., Nov. — Dec. 1997, at 32.
"The Role of Lender's Counsel in the Design and Construction Process: Contract Review, Conditional Assignments of Contracts, and Related Due Diligence", 24 Real Prop., Prob. & Tr. J. 557 (1990) (co-author and primary editor).
"Involuntary Psychiatric Treatment and Other Coercive Behavioral Interventions as Criminal Sanctions: Reflections on Vitek v. Jones", 59 Wash. U.L.Q. 81 (1981).
"Habeas Corpus Practice and Procedure: A Proposal for the Management of Section 2254 Cases in the Federal District Courts", 31 Okla. L. Rev. 914 (1978).
"Architect's Contract Administration," in Construction Law (William Allensworth et al., eds., 2009).
"Liability for Delegated or Shared Design in Standard Form Contracts" in Delegated and Shared Design in the Construction Industry (Michael T. Callahan, ed.) (in progress).
"Drafting Deeds of Trust" in Missouri Practice Methods of Practice Transaction Guide 319 (2001) (co-author).
"Introduction to Construction Contracts" in Kansas Construction Law ch.1 (Harold A. Houck ed., 2000) (co-author).
"Deeds" in Kansas Real Estate Practice and Procedure Handbook ch.10 (Carl J. Circo & Lewis A. Heaven, Jr. eds., 4th Ed. 1999).
"Kansas Construction and Design Law" in A State-by-State Guide to Construction & Design Law: Current Statutes and Practices 287 (Carl J. Circo & Christopher H. Little eds., 1998) (co-author).
Loan Documentation, in Troubled Construction Loans: Law and Practice 13 (Stanley P. Sklar ed., 1991).
A State-by-State Guide to Construction & Design Law: Current Statutes and Practices (Carl J. Circo & Christopher H. Little eds., 2d ed., 2009).
Kansas Real Estate Practice and Procedure Handbook (Carl J. Circo & Lewis A. Heaven, Jr. eds., 4th Ed. 1999).
A State-by-State Guide to Construction & Design Law: Current Statutes and Practices (Carl J. Circo & Christopher H. Little eds., 1998).
Conference Papers and Presentations (from 1990)
"Allocating Green Building Risks in Construction and Design Contracts," upcoming Association of American Law Schools 2011 Annual Meeting.
"The University of Arkansas Corporate Counsel Externship: Using Experiential Learning to Help Law Students Develop the Specialized Skills of Corporate and In-House Counsel," at Externships 5: Responding to Changing Times, University of Miami, March 2010.
"Managing the Swell of Conflicting Regulation in the Construction Industry," at the Fall Meeting of the American Bar Association's Forum on the Construction Industry, October 2009.
"Recent Developments," presented at the Benton County Bar Association CLE, May 2009.
"Using Economic Instruments to Promote Sustainable Construction Practices: The Role of Incentives and Developer Fees in Green Building Programs," at the International Municipal Lawyers Association Mid-Year Seminar, April 2009.
"Should Owners and Developers of Low-Performance Buildings Pay Impact or Mitigation Fees to Finance Green Building Programs?," presented at the William and Mary Environmental Law and Policy Review Symposium, It's Not Easy Building Green, January 2009.
"An Update on Sustainable Construction Programs Around the Nation: Trends and Developments in Green Building Incentives," presented at the University of Arkansas School of Law 2009 Winter CLE.
"Land Grab? Legal and Jurisprudential Responses to Kelo v. London," presented at The Arkansas Bar Association's 9th Annual Government Practice Institute, October 2007.
"Using Mandates and Incentives to Promote Sustainable Construction and Green Building Projects in the Private Sector," presented at the University of Houston Law Center, March 2007.
"Planning Your Estate in Retirement," presented at the University of Arkansas Countdown to Retirement program, March, 2007.
"Food, Water, Religion, and Death," presented at the University of Arkansas School of Law 2007 Winter CLE.
"Planning Your Estate in Retirement," presented at the University of Arkansas Countdown to Retirement program, April, 2006.
"Selected Issues under the New Arkansas Trust Code," presented at the University of Arkansas School of Law 2006 Winter CLE.
A"llocating Design Responsibility in the Construction Industry," presented at Faculty Colloquium, University of Nebraska College of Law, Fall 2005.
"Using the Internet to Bring Guest Lecturers into the Classroom," presented at the Workshop on Technology and Pedagogy at the Association of American Law Schools 2004 Annual Meeting.
Speaker for Education Committee Workshop, New Tricks: Enhancing Teaching Effectiveness, American College of Real Estate Lawyers 2003 Fall Meeting.
"Post-Closing: Malpractice Risk, Management Nightmare and Mundane Details," presented at Kansas Bar Association's Fall 2003 seminar, The Anatomy of a Real Estate Transaction.
"Liability for Design in Design/Build Subcontracts," presented at American Bar Association Section of Real Property, Probate and Trust Law 2001 Annual Real Property Symposium.
Speaker for American Bar Association Section of Real Property, Probate and Trust Law 1999 Annual Real Property Symposium, Noah's Ark to Arcturus (mock negotiation session among members of project team for a proposed urban, mixed-use development project).
"Construction and Design Contracts: The Construction Lender's Perspective," presented at American College of Mortgag Attorneys 1997 Annual Meeting.
Speaker for Construction Documentation workshop at the 1996 Mid-year meeting of the American College of Real Estate Lawyers.
Speaker for the Missouri Municipal Attorneys Association 1995 Seminar, Construction Contracts: Pitfalls to Avoid.
Speaker for the Missouri Bar Association's 1995 Seminar, Drafting and Negotiating Construction Contracts for Small Projects.
Speaker for the 1993 Kansas Bankers Association/Kansas Bar Association, Annual Bank Counsel Update.
Program coordinator and speaker for the 1992 Kansas Bar Association Seminar, Real Estate Finance in Troubled Times.
Speaker for 1990 American Bar Association Forum on the Construction Industry and TIPS Fidelity and Surety Law Committee program, Liens and Other Security Interests — Money, Money, Money, Who Gets The Money?