San Diego Law Review


Homer Kripke

Library of Congress Authority File


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In this Article, Professor Kripke takes the reader behind the prelegislative scene of the drafting of Article 9 of the Uniform Commercial Code. Professor Kripke has special knowledge of the drafting due to his role as Associate Reporter for the Review Committee on Article 9 between 1967-1971, and as the primary draftsman of the 1972 Revision of Article 9. This article highlights two situations faced by the committee responsible for the revision. In the first situation, the committee was trying to improve the rules for the selection of the governing state law in the event of interstate removal of goods. In the second situation, the committee was faced with the responsibility of cleaning up section 9-306(5) which refers to the return of collateral. The author voices some concerns with the current version of 9-306(5), but feels that it is not a vital part of Article 9 and any revision can wait till the next revision committee reopens the drafting process.

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