Copyright (c) 1999 Southern Methodist University
SMU Law Review
ARTICLE: A History and Perspective of Revised Article 2: The Never Ending Saga of a Search for Balance
52 SMU L. Rev. 1683
Linda J. Rusch*
THE road to revision of Article 2 of the Uniform Commercial Code (UCC) continues to be long and arduous. In 1988, a study group appointed by the Permanent Editorial Board (PEB) of the UCC started to consider whether Article 2 should be revised. That study group issued both a preliminary and a final report in 1991 recommending revision. 1 The PEB authorized the appointment of a drafting committee and a reporter 2 in 1991, and from that time until May 1999, the Drafting Committee met several times a year.
The drafting committee is composed of members of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI), partners in the revision of the UCC. Drafting committee meetings were open to the public. At the Article 2 meetings, advisors from the American Bar Association 3 (ABA) and various observers representing consumer interests and affected industries were present and able to speak freely about revisions proposed or make their own proposals for revisions in the drafts. 4 Unlike a legislative committee where testimony is taken in a formal process, the drafting committee meetings consisted of a free-flow discussion of issues raised. Drafting committee meetings throughout the process have been well attended. 5 In addition, people who were interested in the revision wrote letters expressing viewpoints and making suggestions for the draft. Along the way, the observers and advisors have made many comments that have improved the quality of Revised Article 2. The ...
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