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To: Article 2B Drafting Committee and Observers

 

From: Carlyle C. Ring, Jr., Chair

 

Subject: Agenda - Meeting in San Diego

March 27-29, 1998

 

Date: March 9, 1998

 

We will begin where we left off in Dallas, namely with Section 2B-203 and continue to the end. In order to efficiently use the time, we will follow the rules:

 

1. Unless there are substantive concerns, we will quickly move to the next section:

 

(a) A number of sections follow almost exactly the established language of Article 2 and should require little or no discussion.

 

(b) Similarly, other sections have been thoroughly discussed before. ... So come prepared to speak up promptly if you have concerns on any sections.

 

2. Other sections will need discussion in some depth; however, I will ask promptly for suggested language that can be reflected in a motion... so come with specific language suggestions in the areas where you have concerns.

 

3. If an issue has been discussed in depth several times, I will entertain discussion on the same policy issue and motions, only if a member on the prevailing side before wishes to change the outcome, and makes the motion.

 

When we complete the remaining sections (hopefully Saturday afternoon), we will return to the first part of the draft and those sections that have been redrafted by Ray, based on the discussion at Dallas.

 

Draft. With this memo, you will receive a revised draft, which is redlined to show the changes since the Dallas draft. The changes in the first part reflect the Dallas discussion and style and organizational suggestions. The changes in the second part reflect both style and organizational suggestions, as well as the continuing effort to better implement the policy discussions and directions in the prior deliberations.

 

Next Meeting. NCCUSL has authorized a meeting May 1-3, 1998 (probably in St. Louis), to enable us to sandpaper and polish the draft, and to review the implementation of the policy decisions made. Please get that date on your calendars.

 

On May 14, 1998, Article 2B will be before the ALI membership at its Annual Meeting (Thursday, 2:00 p.m.).

 

At the NCCUSL Annual Meeting, the last week of July, Article 2B will be up for a final reading and promulgation by the Conference.

 

As we approach the conclusion of our mutual efforts, I again commend all of you for the commitment each of you has made in a genuine effort to advance the public interest. We have made real progress and hopefully all of us can support the final product, even though it may not be perfect in anyone's perspective.

 

Group Dinner. Attached is a reservation form for the Group Dinner on Friday evening, March 27. Please join the fellowship. I do need your response in advance by March 20, 1998.

 

Materials for Meeting. In addition to the Draft, enclosed are the following communications I have received in time to accompany the draft. If you have other materials you want to distribute, you can obtain mailing labels from NCCUSL to mail them out on your own, or bring to the meeting enough copies for the Committee and Observers (60-90).

 

 

 

 

 

List of Materials Enclosed

 

 

 

1. Draft dated, March 10, 1998

 

2. Memo on 2B-201 (Statute of Fraud), dated March 5, 1998 from "Gang of Four".

 

3. Consumer Union comments on February draft, dated February 26, 1998.

 

4. Letter from Paul Sleven on 2B-109(b), dated February 25, 1998

 

5. Letter from Ad Hoc Copyright Coalition dated February 20, 1998.

 

6. Letter from George Graf, ABA Advisor, dated February 16, 1998.

 

7. Letter of Elaine McDonald, dated November 24, 1997 (2B-716)

 

8. Letter of Silicon Valley Software Industry Coalition, dated December 21, 1998 (2B-716)

 

9. Letter of CSPP dated November 19, 1997.

 

10. Letter of IIA dated February 18, 1998

 

 

 

NOTE: I have included some previous memos, which are relevant to the sections we will be discussing at the San Diego Meeting, since you might not have a copy with you for the discussion.

 

RESERVATION FOR GROUP DINNER

Friday Evening, March 27, 1998

 

 

I would like to be included in the Group Dinner at the Article 2B Drafting Committee Meeting in San Diego, CA:

 

Place: Westin Horton Plaza

 

Time: 7:00 p.m.

 

Date: Friday, March 27, 1998

 

Address: Same as Meeting address

 

Menu: Entree Choices:

Chicken Oscar (topped with crab, asparagus

and served with Béarnaise sauce)

New York Strip Steak (Port sauce and

roasted shallots)

 

Wine

 

Approximate per person price $45-$55

 

Please include me as follows:

 

_____ myself

_____ number of guests

 

Entree Choice(s)

 

______ Chicken Oscar

______ New York Strip Steak

 

 

_____________________________

Signature

 

Printed Name: _____________________

 

Fax Reservation to Connie Ring (703-754-5077) on or before March 20, 1998