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Study Committees

STUDY COMMITTEES

 

ULC Study Committees review an assigned area of law in light of defined criteria and recommend whether ULC should proceed with a draft on that subject.   Study Committees typically do not meet in-person, but when appropriate Study Committees hold meetings with those interested in the area that the committee is exploring in order to assist in gauging the need for uniform state legislation in an area, the likely scope of any drafting project, and the potential support for a project.  ABA advisors are appointed to Study Committees when such an appointment appears particularly useful.

 

Study Committee on Model Tribal Legislation on Probate Transfer of Interests in Real Property

Dale G. Higer, Chair, 1302 Warm Springs Ave., Boise, ID 83712

 

This committee will investigate the need for and feasibility of drafting model tribal legislation that would better enable the probate transfer of interests in tribal and other property, and that would supplement the provisions of the federal American Indian Probate Reform Act.

 

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 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.

 

Study Committee on an Act on the Recovery of Stolen Cultural and Artistic Property 

Nathaniel Sterling, Chair, 4180 Oak Hill Ave., Palo Alto, CA 94306

Jessica L. Darraby, ABA Section Advisor, Art Law Firm, 12100 Wilshire Blvd., Suite 800, Los Angeles, CA  90025-7140

Richard L. Field, ABA Section Advisor, 755 Anderson Av., Suite #4A, Cliffside Park, NJ 07010

Herman F. Gierke, ABA Section Advisor, Florida A&M University, 201 Beggs Ave., Orlando, FL  32801-1733

Geoffrey Scott, ABA Section Advisor, Penn State Dickinson School of Law, 238 Lewis Katz Bldg., University Park, PA 168802-1017

Lee F. Tritt, ABA Section Advisor, University of Florida College of Law, P.O. Box 117625, Gainesville, FL 32611-7625

Gilbert F. Whittemore, ABA Section Advisor, 668 Upper Falls Rd., Perkinsville, VT 05151-9323

 

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 

W.G. Callow, Chair, William Grant Callow, 425 G. St., Suite 610, Anchorage, AK 99501

David P. Stewart, ABA Section Advisor, Georgetown University Law Center, 600 New Jersey Ave., N.W., Washington, DC 20001

 

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, and similar consular notification requirements contained in other treaties and conventions.

 

 

NEW STUDY COMMITTEES ESTABLISHED JULY 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 fall of 2010.

 

Study Committee on a Revision of the Uniform Residential Landlord and Tenant Act. This committee will consider and make recommendations concerning the need for and feasibility of revising the Uniform Residential Landlord and Tenant Act.  The committee will, in particular, consider whether to recommend that the Act be amended to include provisions on the handling and status of security deposits, and possible rights or remedies under a lease for a tenant who is a victim of domestic violence.  The committee also will consider the feasibility and enactability of a broader revision of the URLTA.

 

Study Committee on an Act on Prevention of and Remedies for Human Trafficking.  This committee will consider and make recommendations concerning the need for and feasibility of drafting a uniform act that provides sanctions against those who engage in human trafficking and that provides remedies for and assistance to victims of human trafficking.


 
 


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