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Report 1

handle is hein.ali/pebeffct0001 and id is 1 raw text is: PERMANENT EDITORIAL BOARD FOR THE UNIFORM COMMERCIAL CODE REPORT EFFECT OF NON-UNIFORM SCOPE PROVISIONS IN REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE I. Introduction Revised Article 9 has now been enacted in all 50 states and in the District of Columbia. As has been the case with other Articles of the Uniform Commercial Code, the various state enactments contain a number of deviations from the Official Text of Revised Article 9. While some deviations from the Official Text reflect accommodation of uniquely local issues, others represent substantive policy choices by the enacting legislatures to differ from the national model provided by the Official Text of Revised Article 9. While non-uniformities in the latter category are inconsistent with the ideal of a truly Uniform Commercial Code, they are, of course, inevitable in a democratic system that entrusts enactment to 51 different legislatures. Moreover, it must be recognized that the Uniform Commercial Code has never been enacted in a truly uniform way. There have been local variations ever since the widespread enactment of the Code, including variations in Article 9. The substantive non-uniformities in the enactment of Revised Article 9 are well-catalogued in two articles by Penelope L. Christophorou, Kenneth C. Kettering, Lynn A. Soukup, and Steven 0. Weise: Under the Surface ofRevisedArticle 9: Selected Variations in State Enactments from the Official Text of Revised Article 91, and Analysis of State Variations2. Such non-uniformities have the potential to be problematic in our national economy, where transactions frequently cross state lines and where more than one jurisdiction can be the forum in which litigation establishing the rights of parties can be instituted. Nonetheless, most of the deviations from the Official Text of Revised Article 9 will not cause serious transactional difficulties so long as the parties involved educate themselves as to the applicable law. 134 Uniform Commercial Code Law Journal 331 (2002). 234 Uniform Commercial Code Law Journal 358 (2002) (hereinafter referred to as State Variations). 1

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