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Full-Text Articles in Law

Will Green Building Contracts Transform Construction And Design Law?, Carl J. Circo Dec 2010

Will Green Building Contracts Transform Construction And Design Law?, Carl J. Circo

Carl J. Circo

The sustainable construction movement may eventually transform construction law and practice. Alternatively, sustainability in the built environment may simply be absorbed into the existing fabric of construction contracting. Using the lens of design and construction law theory, this article examines selected project structures and contract provisions being used or proposed in the design and construction industry to allocate the special risks associated with green building standards and objectives. Green building contracts will inevitably reflect industry practices derived from theories of liability and risk allocation that have dominated construction and design law for decades. But established practices and legal theories do ...


Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo Dec 2010

Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo

Carl J. Circo

For several years, business and transactional lawyers have increased the pressure on law schools to produce more practice-ready graduates. This article explores the practical skills reform movement with two goals in mind. First, it seeks to articulate and reconcile some of the fundamental differences in the perspectives of the practicing bar and the legal academy. Second, it highlights the special challenges and opportunities involved in making legal education more effective for students who will practice business and transactional law. In addition to reviewing recent literature from the bar and the academy on the practical skills gap, the article also reports ...