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Drafting Committees

DRAFTING COMMITTEES

 

Uniform Law Commission (ULC) drafting committees consist of a chair, several ULC commissioners from various states, and a reporter (usually a law professor with expertise in the subject matter).   Every ULC drafting committee is also assigned an ABA advisor, who represents the ABA as a whole, and frequently one or more ABA section advisors, who represent particular ABA entities.   Other interested groups are also invited to send representatives, known as ‘observers”.   ULC drafting meetings are open to the public, everyone at a drafting meeting is encouraged to participate fully in the discussion, and all of our drafts are available on the internet (www.nccusl.org).  ULC drafting committees typically meet three times a year (two substantive drafting committee meetings and a presentation of the draft for line-by-line reading and debate at the ULC Annual Meeting) for at least two years.

 

Drafting Committee on Authentication and Preservation of State Electronic Legal Materials

Michele L. Timmons, Chair, Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. Dr. Martin Luther King, Jr., Blvd., St. Paul, MN 55155

Barbara A. Bintliff, Reporter, University of Colorado School of Law, 424 Wolf Law Building, 401 UCB, Boulder, CO, 80309-0401

Lucy Thompson, ABA Advisor, Science and Technology Section, 915 North Quaker Lane, Alexandria, VA 22302

Phyllis B. Pickett, ABA Section Advisor, Science and Technology Section, 301 N. Salisbury Street, Suite 401, Raleigh, NC 27603

 

This committee will prepare and act that provides guidance to states on authenticating and preserving state electronic legal materials.  The committee presented a draft for initial consideration at the July 2010 Annual Meeting and is expected to present its act for final approval in July 2011.

 

 

Drafting Committee on a Certificate of Title Act for Vessels

Esson Miller, Jr., Chair, Division of Legislative Services, 910 Capitol St., 2d Floor, Richmond, VA 23219

Stephen L. Sepinuck, Reporter, Gonzaga University School of Law, 721 N. Cincinnati, PO Box 3528, Spokane, WA 99220-3528

David McIntosh Williams, ABA Advisor, Business Law Section, Gorman & Williams, Ste 900, 36 S. Charles Street, Baltimore, MD 21201-3114

M. Michael Daly, ABA Section Advisor, Tort, Trial and Insurance Practice Section, Pierce Atwood LLP, 10 Weybosset St., Floor 4, Providence, RI  02903-2818

 

This committee will draft an act establishing a certificate of title system for boats.  Many states do not have certificate of title laws governing watercraft, and those that do have considerable differences in terms.  The committee will coordinate its work with the United States Coast Guard and developments concerning the Coast Guard’s vessel identification and documentation systems.  The committee presented a draft for initial consideration at the July 2010 Annual Meeting and is expected to present its act for final approval in July 2011.

 

Drafting Committee on the Uniform International Choice of Court Agreements Act

Rex Blackburn, Chair, P.O. Box 70 (83707), 1221 W. Idaho St., Boise, ID 83702

H. Kathleen Patchel, Co-Reporter, Indiana University School of Law – Indianapolis, 5715 E. 56th Street, Indianapolis, IN 46226

Louise Ellen Teitz, Co-Reporter, Roger Williams University School of Law, Ten Metacom Avenue, Bristol, RI 02809

Guy Stanford Lipe, ABA Advisor, International Law Section, 1001 Fannin Street, Suite 2500, Houston, TX 77002

 

This drafting committee, at the request of the U.S. State Department, will draft uniform state legislation and appropriate declarations and understandings to assist in the implementation and ratification of the Hague Convention on Choice of Court Agreements.   The committee presented drafts for consideration at the July 2009 and July 2010 Annual Meetings and is continuing its work.

 

Drafting Committee on Harmonization of Unincorporated Business Entity Acts

Harry J. Haynsworth, IV, Chair, 2200 IDS Center, 80 S. 8th St., Minneapolis, MN  55402

Carter G. Bishop, Co-Reporter, Suffolk University Law School, 120 Tremont Street, Boston, MA 02108-4977

Daniel S. Kleinberger, Co-Reporter, William Mitchell College of Law, 875 Summit Avenue, St. Paul, MN 55105

Robert R. Keatinge, ABA Advisor, Real Property Trusts and Estate Law Section, 555 17th St., Suite 3200, Denver, CO  80202-3979

Allan G. Donn, ABA Section Advisor, Business Law Section, One Commercial Place, Suite 1800, Norfolk, VA 23510

William J. Callison, ABA Section Advisor, 3200 Wells Fargo Center, 1700 Lincoln Street, Denver, CO 80203

William S. Forsberg, ABA Section Advisor, Real Property Trusts and Estate Law Section, 150 S. Fifth Street, Suite 2300, Minneapolis, MN 55402-4238

Barry B. Nekritz, ABA Section Advisor, Real Property Trusts and Estate Law Section, 8000 Sears Tower, 233 S. Wacker Dr., Chicago, IL 60606

Jim Wheaton, ABA Section Advisor, Business Law Section, 222 Central Park Ave., Suite 2000, Virginia Beach, VA 23462

 

This Committee will work to harmonize provisions of the various unincorporated business entity acts already promulgated by the ULC, such as the Uniform Partnership Act, the Uniform Limited Partnership Act, the Limited Liability Company Act, the Limited Cooperative Association Act, the Uniform Unincorporated Nonprofit Association Act, and the soon to the promulgated Uniform Statutory Trust Entity Act.  The committee presented a draft for initial consideration at the July 2010 Annual Meeting and is expected to present its act for final approval in July 2011.

 

Drafting Committee on a Marital and Premarital Agreements Act

Barbara A. Atwood, Chair, University of Arizona- James E. Rogers College of Law, 1201 E. Speedway, P.O. Box 210176, Tucson, AZ 85721-0176

Brian Bix, Reporter, University of Minnesota Law School, 229 19th Avenue South, Minneapolis, MN 55455

Carlyn S. McCaffery, ABA Advisor, Weil, Gotshal & Manges, 767 Fifth Ave., New York, NY 10153

Linda J. Ravdin, ABA Advisor, Pasternak & Fidis, 7735 Old Georgetown Rd., Suite 1100, Bethesda, MD 20814-6193

 

This Committee will draft an act that provides standards and procedural requirements concerning the scope and enforceability of marital and premarital agreements between persons in legally recognized relationships.  This project was jointly recommended by the JEBs on Family Law and Trusts and Estates Law.  The committee expects to present a draft for initial consideration in July 2011 and to present a draft for final approval in July 2012.

 

Drafting Committee on a Manufactured Housing Act 

Carl H. Lisman, Chair, Lisman, Webster & Leckerling, P.C., 84 Pine St., P.O. Box 728, Burlington, VT 05402

 Ann Burkhart, Reporter, University of Minnesota Law School, 229 19th Avenue South, Minneapolis, MN  55455

Cheryl A. Kelly, ABA Advisor, Thompson Coburn LLp, One U.S. Bank Plaza, 505 N. 7th St., Suite 3500, St. Louis, MO  63101-1603

 

The uncertainty about whether a manufactured home is characterized as “personal” or “real” property creates significant impediments to the financing of manufactured homes, particularly upon resale or attempts to re-finance, and also makes it difficult to securitize debt secured by manufactured homes.  This Committee will draft an act on manufactured housing that will alleviate those problems and address at least the following issues:  the appropriate characterization of manufactured housing as either personal property or real property, including in particular the point in time at which an interest in manufactured housing converts from a personal property interest to a real property interest; whether the fact that manufactured housing is located on leased land affects that characterization; the continued priority and appropriate characterization of security interests in manufactured housing after conversion; and appropriate transition provisions. The committee expects to present a draft for initial consideration in July 2011 and to present a draft for final approval in July 2012.

 

Drafting Committee on an Oversight of Charitable Assets Act

K. King Burnett, Chair, P.O. Box 910, Salisbury, MD  21803-0910

Laura Brown Chisolm, Co-Reporter, Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, OH 44106

Susan N. Gary, Co-Reporter, University of Oregon School of Law, 1515 Agate Street, Eugene, OR 97403

Betsy Buchalter Adler, ABA Advisor, Section of Taxation, 235 Montgomery St., Ste. 1220, San Francisco, CA 94104

Lisa A. Runquist, ABA Section Advisor, Business Law Section, Runquist & Associates, 17554 Community Street, Northridge, CA 91325-3922

Cynthia Rowland, ABA Section Advisor, Business Law Section, One Ferry Building, Suite 200, San Francisco, CA  94111-4213

 

This committee will draft an act to address state oversight of charitable assets.  The committee will focus on state attorneys general authority with regard to the protection of charitable assets, notice requirements, remedies, and principles to guide attorneys general in interstate and multi-state cases.  The committee will present a draft for initial consideration at the July 2010 Annual Meeting and is expected to present its act for final approval in July 2011.

 

Drafting Committee on a Protection of Genetic Information in Insurance Act
D. Joe Willis, Chair, 549 SW Mill View Way, Suite 100, Bend, OR 97702

Ellen Deason, Reporter, Ohio State University Moritz College of Law, 55 W. 12th Ave., Columbus, OH  43210

Peter J. Gillespie, ABA Advisor, Baker & McKenzie, 130 E. Randolph Street, Suite 3500, One Prudential Plaza, Chicago, IL  60601

Robyn S. Shapiro, ABA Advisor, Individual Rights and Responsibilities Section, 777 East Wisconsin Ave, Suite 2000, Milwaukee, WI 53202

 

Having completed drafting uniform legislation on the use of genetic information in the context of employment, the committee will consider the need for and feasibility of drafting and enacting uniform legislation on the protection of genetic information in the context of life, disability and long-term care insurance. 

 

Drafting Committee on Visitation and Custody Issues Affecting Military Personnel and Their Families

Paul M. Kurtz, Chair, University of Georgia School of Law, Athens, GA, 30602-6012

Maxine Eichner, Reporter, University of North Carolina School of Law, Ridge Road, Van Hecke-Wettach Hall, CB #3380, Chapel Hill, NC 27599

James Higdon, ABA Advisor, Government and Public Sector Lawyers Division, Higdon, Hardy & Zuflacht, LLP, 1200 Huebner Road, Suite 200, San Antonio, TX 78230-1201

Jean Crowe, ABA Section Advisor, Government and Public Sector Lawyers Division, 300 Deaderick Street, Nashville, TN 37201

Mark Eugene Sullivan, ABA Section Advisor, Family Law Section, 2626 Glenwood Avenue, Suite 195, Raleigh, NC 27608

 

This committee will prepare an act that provides standards and procedures for resolving visitation and custody issues affecting military personnel and their families, which may include resolution of matters in intrastate, interstate, and international contexts.  The committee will have its first meeting in the spring of 2010 and is expected to present a draft for first reading at the 2011 Annual Meeting.

 

 

OTHER PROJECTS

 

Committee on the Hague Securities Convention

Carl S. Bjerre, University of Oregon School of Law, 1515 Agate Street, Eugene, OR 97403

Curtis R. Reitz, University of Pennsylvania Law School, 2401 Pennsylvania Ave., Unit 9c45, Philadelphia, PA 19130

 

This committee will work with the U.S. Department of State to assist in the implementation and ratification of the Hague Convention on Securities Held by Intermediaries and to ensure proper interface between the provisions of the Convention and of Articles 8 and 9 of the Uniform Commercial Code.

 

 

NEW DRAFTING COMMITTEES ESTABLISHED JULY 2010

 

In July 2010, the ULC Scope and Program Committee and the Executive Committee approved the establishment of the following two new drafting committees.  ULC President Robert Stein intends to complete appointment of the chair and members of these committees by early September, 2010, and the process of obtaining the appointment of ABA Advisors and ABA Section Advisors will soon begin.  Those interested in becoming observers to any of these drafting committees should contact ULC Executive Director John Sebert [john.sebert@nccusl.org; 312-450-6600].  These drafting committees may meet by conference call in the fall of 2010, but the first in-person meeting of these committees probably will not occur until the first half of 2011.

 

Drafting Committee on Asset Freezing Orders.  This committee will prepare an act that provides authority for the granting of in personam orders that prevent a defendant in an action pending in one jurisdiction from dissipating assets that the defendant holds in another jurisdiction and that are necessary to ensure that assets are available to ensure payment of a judgment granted in the other jurisdiction.  The committee will, among other matters, consider provisions that should be included in the act to provide appropriate protection for the interests of defendants in such actions.  The act shall exclude coverage of asset freezing orders against consumer debtors or in domestic relations matters, and other similar matters.

 

Drafting Committee on Implementation of the Hague Convention on the Protection of Children.  This committee will draft uniform state legislation that will implement the recognition and enforcement provisions of the Hague Convention on the Protection of Children.  The committee will be appointed upon confirmation that the Secretary of State has authorized United States’ signature on the Convention.

 

 

RECENTLY COMPLETED DRAFTING PROJECTS

 

 

The projects listed below received final approval at the Uniform Law Commission Annual Meeting in July 2010.

 

Drafting Committee on a Uniform Electronic Recordation of Custodial Interrogations Act

David A. Gibson, Chair, P.O. Box 1767, Brattleboro, VT  05302

Andrew Taslitz, Reporter, Howard University School of Law, 2900 Van Ness Street, N.W., Washington, D.C. 20008

Paul Giannelli, ABA Advisor, Criminal Justice Section, Case Western Reserve University School of Law, 11075 East Blvd., Cleveland, OH 44106

Anne Swern, ABA Section Advisor, Criminal Justice Section, Kings County District Attorney Office, 350 Jay St., Floor 19, Brooklyn, NY  11201-2904

 

This committee has drafted an act addressing the issue of the use of audio and/or video electronic devices to record law enforcement officers’ interviews of criminal suspects who are in custody. 

 

Drafting Committee on a Uniform Faithful Presidential Electors Act

Susan Kelly Nichols, Chair, North Carolina Department of Justice, P.O. Box 629, Raleigh, NC  27602-0629

Robert Bennett, Reporter, Northwestern University School of Law, 357 East Chicago Avenue, Chicago, IL 60611

John Hardin Young, ABA Advisor, Administrative Law Section, 300 M Street, SE, Suite 1102, Washington, DC 20006

 

This committee has drafted an act providing a state statutory remedy in the event a state presidential elector fails to vote in accordance with the voters of his or her state. 

 

Drafting Committee on a Uniform Collaborative Law Act

Peter K. Munson, Chair, 123 S. Travis St., Sherman, TX  75090

Andrew Schepard, Reporter, Hofstra University School of Law, 121 Hofstra University, Hempstead, Long Island, NY  11549

Carlton D. Stansbury, ABA Advisor, 10850 W Park Pl, Ste. 530, Milwaukee, WI 53224

Lawrence R. Maxwell, Jr., ABA Section Advisor, Section of Dispute Resolution, Douglas Plaza, 8226 Douglas Avenue, Suite 550, Dallas, TX 75225

Charla Bizios Stevens, ABA Section Advisor, Litigation Section,  McLane, Graf, Raulerson, & Middleton, P.A., 900 Elm Street, PO Box 326, Manchester, NH 03105

Gretchen Walther, ABA Section Advisor, Family Law Section, 6501 Americas Pkwy NE, Ste. 620, Albuquerque, NM 87110

 

This committee has drafted an act on collaborative law, a new kind of alternative dispute resolution framework used in many states today, particularly in a family law context, i.e., divorce, custody, and support proceedings.  The core idea is that lawyers (and parties) to a dispute agree in advance that the lawyers will withdraw if the dispute goes to trial.  In the spring of 2010, revisions to this Act were approved that, inter alia, provide the ability for a state to adopt the provisions of the Act either as a court rule or legislation, and that provide the option to limit the scope of the Act to family law matters or to have the Act applicable to all types of disputes.

 

Drafting Committee on a Uniform Collateral Consequences of Conviction Act

Richard T. Cassidy, Chair, 100 Main St., P.O. Box 1124, Burlington, VT  05402

Jack Chin, Reporter, University of Arizona, 1201 Speedway, P.O. Box 210176, Tucson, AZ  85721

Margaret C. Love, ABA Advisor, Criminal Justice Section, 15 Seventh St., NE, Washington, DC 20002

Rodger Drew, ABA Section Advisor, Judicial Division, 1430 F St. NE, Washington, DC 20002

Thomas Earl Patton, ABA Section Advisor, Business Law, 1747 Pennsylvania Ave. N.W. Suite 300, Washington, DC 20006

Charles M. Ruchelman, ABA Section Advisor, Section of Taxation, 1 Thomas Circle NW, Suite 1100, Washington, DC 20005


This committee has drafted a statute addressing the various penalties and disqualifications that individuals face incidental to criminal sentencing, including disqualification from voting, prohibitions from running for office, exclusion from certain types of employment, etc.  The act is intended to be narrow in scope, applying only to the procedures surrounding collateral sanctions, not defining or limiting what those sanctions are.  At the July 2010 Annual Meeting, revisions of the Act intended to address issues raised by the Supreme Court’s 2010 decision in Padilla v. Kentucky were approved.

 

Drafting Committee on a Uniform Insurable Interests Relating to Trusts Act

Roger C. Henderson, Chair, 5861 N. Paseo Niquel, Tucson, AZ  85718

Robert H. Jerry, II, Reporter, Frederic G. Levin College of Law, S.W. 2nd Ave. at S.W. 25th St., Gainesville, FL 32611

David S. Neufeld, ABA Advisor, Real Property, Trust and Estate Law Section, 555 US Highway 1 South, Suite 230, Iselin, NJ 08830

Donald O. Jansen, ABA Section Advisor, Section of Taxation, 1301 McKinney St., Suite 5100, Houston, TX 77010

 

This committee drafted amendments to the Uniform Trust Code to address concerns regarding the purchase of life insurance trusts by trustees as it relates to insurable interest law.  Life insurance trusts are a standard estate planning tool because proceeds of an irrevocable life insurance trust are not subject to estate taxes. 

 

Drafting Committee on a Uniform Military and Overseas Voters Act

Steve Wilborn, Chair, 306 Tower Drive, Shelbyville, KY 40065

Steven F. Huefner, Reporter, Moritz College of Law, Ohio State University, 55 West 12th Avenue, Columbus, OH 43210

John Dewitt Altenburg, ABA Advisor, Greenberg Traurig LLP, 2101 L St. NW, Suite 1001, Washington, DC  20037-1526

John C. Keeney, ABA Advisor, Hogan & Hartson LLP, 555 13th St. NW, Suite 10w-206, Washington, DC  20004-1109

 

This committee drafted uniform state legislation that will simplify the process of absentee voting for United States military and overseas civilians by making the process more uniform, convenient, secure and efficient. 

 

Drafting Committee to Revise the Model State Administrative Procedure Act

Francis Pavetti, Chair, 18 The Strand, Goshen Point, Waterford, CT  06385

Greg Ogden, Reporter, Pepperdine University School of Law, 24255 Pacific Coast Highway, Malibu, CA 90263

Ronald M. Levin, ABA Advisor, Administrative Law Section, Washington University School of Law, Campus Box 1120, 1 Brookings Drive, St. Louis, MO 63130

Rose Mary Bailly, ABA Section Advisor, State and Local Government Section, 80 New Scotland Rd., Albany, NY 12208

Larry Craddock, ABA Section Advisor, Judicial Division, 2601 N Lamar Blvd, Austin, TX 78705

Edwin L Felter, Jr., ABA Section Advisor, Judicial Division, 633 17th Street, Suite 1300, Denver, CO 80202

Julian Mann, III, ABA Section Advisor, National Conference of Administrative Law Judges, 1711 New Hope Church, Raleigh, NC 27609

Edward J. Schoenbaum, ABA Section Advisor, National Conference of Administrative Law Judges, 1108 S. Grand Ave. W, Springfield, IL 62704


This committee has drafted a revision of the 1980 Model State Administrative Procedures Act, which provided procedures for promulgating administrative regulations and for adjudicating disputes before administrative bodies.  The revision updated the act to recognize electronic communications and other state procedural innovations since the act was originally promulgated. 

 

Drafting Committee to Revise the Uniform Law on Notarial Acts

Patricia Brumfield Fry, Chair, 4102 Cedar Crest Dr., Columbia, MO  65203

Arthur Gaudio, Reporter, Western New England College School of Law, 1215 Wilbraham Road, Springfield, MA 01119

James C. Wine, ABA Advisor, Real Property Trust and Estate Law Section, 700 Walnut St., Ste. 1600, Des Moines, IA 50309

David Ewan, ABA Section Advisor, Science and Technology Section, New Jersey Title Insurance Company, 400 Lanidex  Plaza, 2nd Floor, Parsippany, NJ 07054

 

This committee has revised the 1982 Uniform Law on Notarial Acts. The revisions deal with matters such as notary responsibilities, electronic recording, interstate recognition, and remedies. 

 

Drafting Committee on a Uniform Partition of Heirs Property Act

Robert L. McCurley, Chair, Alabama Law Institute, P.O. Box 861425, Tuscaloosa, AL  35486 

Thomas W. Mitchell, Reporter, University of Wisconsin Law School, 975 Bascom Mall, Madison, WI 53706

Phyliss Craig-Taylor, ABA Advisor, Litigation Section, Charlotte School of Law, 1211 E. Moorehead St., Charlotte, NC 28204

Steven J. Eagle, ABA Section Advisor, Real Property Trust and Estate Law Section and State and Local Government Section,  George Mason University School of Law, 3301 Fairfax Dr., Arlington, VA 22201

 

This committee is drafted a uniform act that addresses the issue of tenancy-in-common land ownership.  Tenancy in common is a type of joint ownership without right of survivorship.  When there is no right of survivorship, the death of a tenant in common can trigger an action to partition the land to satisfy the deceased tenant’s heirs.  In a partition, the land is sold to satisfy tenant in common interests, often in a sale that does not meet market value.  This Act protects vulnerable landowners by providing a buy-out option; establishes factors for judges to consider when deciding how to partition real property; and provides rules for regulating the sale of partitioned property.

 

Drafting Committee on a Protection of Genetic Information in Employment Act
D. Joe Willis, Chair, 549 SW Mill View Way, Suite 100, Bend, OR 97702

Ellen Deason, Reporter, Ohio State University Moritz College of Law, 55 W. 12th Ave., Columbus, OH  43210

Peter J. Gillespie, ABA Advisor, Baker & McKenzie, 130 E. Randolph Street, Suite 3500, One Prudential Plaza, Chicago, IL  60601

Robyn S. Shapiro, ABA Advisor, Individual Rights and Responsibilities Section, 777 East Wisconsin Ave, Suite 2000, Milwaukee, WI 53202

 

This committee drafted uniform legislation on the use of genetic information in the context of employment.  The Act focuses in part on state law implementation of provisions similar to those in the federal Genetic Information Nondiscrimination Act. 

 

Joint Review Committee for UCC Article 9

Edwin E. Smith, Chair, Bingham McCuthchen LLP, 1 Federal Street, 30th Floor, Boston, MA 02110

Steven L. Harris, Reporter, Chicago-Kent College of Law, 565 West Adams Street, Chicago, IL 60661

Carolan E. Berkley, ALI Member, 2600 One Commerce Square, Philadelphia, PA 19103

Gail K. Hillebrand, ALI Member, Consumers Union, 1535 Mission Street, San Francisco, CA 94103

Charles W. Mooney, Jr., ALI Member, University of Pennsylvania Law School, 3400 Chestnut Street, Philadelphia, PA 19104

Harry C. Sigman, ALI Member, American College of Commercial Finance Lawyers, P.O. Box 67608, Los Angeles, CA 90067-0608

Steven O. Weise, ALI Member, Proskauer Rose LLP, 2049 Century Park East, Suite 3200, Los Angeles, CA 90067

Stephen L Sepinuck, ABA Advisor, Business Law Section, Gonzaga University School of Law, PO Box 3528,Spokane, WA 99220-3528

John Francis Hilson, ABA Section Advisor, Business Law Section, Paul Hastings, Floor 25, 515 S Flower St., Ste 2400, Los Angeles, CA 90071-2229

 

This joint ALI/ULC committee has drafted specific revisions of UCC Article 9 to address specific issues that a study committee has already identified as needing statutory revision.  The issues that the revisions address are those as to which ambiguities have been discovered in existing statutory language, where there have been substantial problems in practice in applying current statutory provisions, or as to which there have been significant judicial decisions or non-uniform amendments that suggest the need to consider statutory revisions.  The approved revisions were approved at the ALI Annual Meeting in May 2010, and at the ULC Annual Meeting in July 2010.

 

Committee to Implement the UN E-Commerce Convention

Henry Deeb Gabriel, Jr., Chair, Elon University School of Law, 201 North Greene Street, Greensboro, NC 27401

D. Benjamin Beard, Reporter, University of Idaho College of Law, 6th & Rayburn, P.O. Box 442321, Moscow, ID 83844-2321

Thomas J Smedinghoff, ABA Advisor, Science and Technology Section, Wildman Harrold Allen & Dixon, Floor 26, 225 W Wacker Drive, Chicago, IL 60606-1349

Amelia H. Boss, ABA Section Advisor, Business Law Section, Drexel University School of Law, 3320 Market Street, Philadelphia, PA 19104

Behnam Dayanim, ABA Section Advisor, Section of International Law, 875 15th Street, NW, Washington, DC 20005

Richard L. Field, ABA Section Advisor, Section of Science and Technology, 755 Anderson Avenue, Suite #4A, Cliffside Park, NJ 07010

Howard Philip Walthall, Jr., ABA Section Advisor, Section of Intellectual Property Law, 420 20th Street N., Birmingham, AL 35203

 

The E-Commerce Convention impacts the Uniform Electronic Transactions Act and the federal E-Sign legislation.  This committee has developed draft federal legislation that provides notice of the terms of the Convention and states that the Convention is controlling law as to transactions to which the Convention applies, and the committee has also prepared draft memoranda explaining the Convention and transmitting the Convention to the Senate for advice and consent.  The Committee’s report was approved at the July 2010 Annual Meeting.

 

Joint Drafting Committee for Implementation of the UN Convention on Independent Guarantees and Stand-by Letters of Credit

Edwin E. Smith, Chair, 1 Federal St., 30th Floor, Boston, MA  02110-1726

Mireille France Blanchard, Canadian Chair, International Private Law Section, East Memorial Bldg., Room 5304, 284 Wellington, Ottawa, Ontario  K1A 0H8

Elias Mansur, Mexican Chair, Socrates 207, Polanco 11560 Mexico City, Mexico

James J. White, Reporter, University of Michigan Law School, 625 S. State St., Room 1035, Ann Arbor, MI 48109-1215

Peter Winship, ABA Advisor, International Law Section, Southern Methodist University School of Law, P.O. Box 750116, Dallas, TX 75275

Luis F. Moreno, ABA Section Advisor, Real Property Trust and Estate Law Section, Haynes and Boone S.C., Blv. Manuel Avila Camacho, #40-1801, Lomas de Chapulta, Mexico City, Mexico 11000

James E. Byrne, ABA Section Advisor, Business Law Section, 20405 Ryecroft Court, P.O. Box 2235, Gaithersburg, MD 20886

Rueben C. Casarez, ALI Representative, Wells Fargo Bank, 1500 Waugh Dr., Houston, TX 77019

George A. Hisert, ALI Representative, Bingham McCutchen LLP, Three Embarcadero Center, San Francisco, CA 94111

 

This committee worked with the American Law Institute, the Uniform Law Conference of Canada and the Mexican Center for Uniform Laws to draft federal statutory provisions to implement the UN Convention on Independent Guarantees and Stand-by Letters of Credit, and to assist Canada in developing letter-of-credit law consistent with UCC Article 5.  The draft legislation establishes choice of law rules that determine the law applicable when the Convention applies, and that provides that if the choice of law rules of UCC Article 5 indicate that the law of a state of the United States is controlling, and if the parties to the undertaking have not chosen applicable law, the provisions of the Official Text of UCC Article 5 are controlling law.  The Committee’s report was approved in January 2010.


 
 


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