Study Committee on the 1996 Hague Convention on the Protection of Children
Battle Robinson, Chair, 104 W. Market St., Georgetown, DE 19947
This committee will examine, at the request of the U.S. Department of State, whether becoming a party to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded in 1996 under the auspices of the Hague Conference on Private International Law, is in the best interests of the United States and possible mechanisms for its implementation, including amendments to the Uniform Child Custody Jurisdiction and Enforcement Act.
Study Committee on an Act on “Mareva Injunctions”
Michael B. Getty, Chair, 430 Cove Towers Dr., # 503
Naples, FL 34110
John L. Carroll, Reporter, Cumberland School of Law, Samford University, 800 Lakeshore Dr., Birmingham, AL 35229
Melissa Avery, ABA Section Advisor, Family Law Section, 1 N. Pennsylvania Street, Suite 405, Indianapolis, IN 46204-3135
Steven M. Richman, ABA Section Advisor, International Law Section, Duane Morris LLP, P.O. Box 5203, Princeton, NJ 08543-5203
This committee will consider and make recommendations concerning the need for and feasibility of drafting a uniform act that provides authority for Mareva Injunctions – freezing orders – entered in one jurisdiction that would prevent a defendant in litigation pending in another jurisdiction from dissipating assets located in the first jurisdiction during the pendency of the litigation.
Study Committee on Model Tribal Legislation on Collateralization and Probate Transfer of Interests in Real Property
Dale G. Higer, Chair, 1302 Warm Springs Ave., Boise, ID 83712
Rebecca Tsosie, Reporter, Arizona State University, Sandra Day O’Connor College of Law, P.O. Box 877906, Tempe, AZ 85287-7906
This committee will investigate the need for and feasibility of drafting model tribal legislation that would enhance the ability to collateralize interests in real property on tribal lands, and to better enable the probate transfer of such interests.
Study Committee on Model Tribal Legislation Concerning Child Custody and Domestic Violence
Candace Zierdt, Chair, Stetson University College of Law, 1401 61st Street South, Gulfport, FL 33707
This committee, with the advice of the Joint Editorial Board on Family Law, will investigate the need for and feasibility of drafting model tribal legislation concerning child custody and domestic violence issues affecting American Indians.
Study Committee on a Mortgage Subrogation Act
Carl H. Lisman, Chair, Lisman, Webster & Leckerling, P.C., 84 Pine Street, P.O. Box 728, Burlington, VT 05402
James M. Wilson, ABA Section Advisor, Real Property, Trust and Estate Law Section, Buist Moore Smythe McGee P.A., 5 Exchange Street, Charleston, SC 29401
This committee will consider and make recommendations concerning the need for and feasibility of drafting a uniform act that makes it clear that a mortgagee of a re-financed mortgage is subrogated to the rights and priority of the original mortgagee.
Study Committee on Payment Issues
Fred H. Miller, Chair, University of Oklahoma College of Law, 300 Timberdell Road, Norman, OK 73019
Linda J. Rusch, Reporter, Gonzaga University School of Law, 721 N. Cincinnati, P.O. Box 3528, Spokane, WA 99220
Jacqueline Parker, ABA Section Advisor, Business Law Section, 4068 Freed Ave., San Jose, CA 95117
Amelia H. Boss, ALI Advisor, Drexel University School of Law, 3320 Market Street, Philadelphia, PA 19104
This committee will monitor developments at the federal level, particularly with respect to the Federal Reserve Board, Treasury Department, and Congress, concerning payment systems, represent the Uniform Law Commission before those entities, present the advantages of maintaining a balance of state and federal regulation in this area, and make appropriate recommendations concerning possible ULC, or joint ULC/ALI, projects in this area.
NEW STUDY COMMITTEES ESTABLISHED JANUARY 2010
In January 2010, the ULC Scope and Program Committee and the Executive Committee approved the establishment of the following two new study committees. ULC President Robert Stein intends to complete appointment of the chair and members of these committees by early March, 2010, and the process of obtaining the appointment of ABA Advisors and ABA Section Advisors has begun. Those interested in becoming observers to any of these study committees should contact ULC Executive Director John Sebert [john.sebert@nccusl.org; 312-450-6600]. ULC study committees normally undertake their work by e-mail and conference calls, and these study committees probably will have one or more conference calls in the spring of 2010.
Study Committee on an Act on the Recovery of Stolen Cultural and Artistic Property
Most states do not have specific legislation directed to the recovery of stolen cultural or artistic property, but rather treat such matters under the state’s general property law. This Committee will consider and make recommendations concerning the need for and feasibility of drafting a uniform act that provides for private rights of action to recover stolen cultural or artistic property and illegally exported artifacts. In its study, the Committee also will consider the relationship between any uniform state legislation and existing federal laws and international treaties.
Study Committee on an Act to Implement the Consular Notification Requirements of Article 36 of the Vienna Convention on Consular Relations
Article 36 of the Vienna Convention on Consular Relations (1963), which the United States ratified in 1969, provides that when a national of a foreign country is arrested or detained on criminal or immigration charges, the detainee must be advised of the right to have the detainee’s consulate notified and that the detainee has the right to regular consultation with consular officials during detention and any trial. A number of states and law enforcement agencies implement these requirements through rules, regulations or policies, but only a small number of states have legislation on this matter. This Committee will consider and make recommendations concerning the need for and feasibility of drafting a uniform act that implements the consular notification requirements of Article 36 of the Vienna Convention.