ALI and ULC Continue Work on Revisions to UCC Articles 1, 3, and 9

Since the national mortgage crisis began, there has been substantial interest in creating a more efficient system for tracking residential mortgage notes. A more efficient and effective system would serve the interests of both obligors and lenders. One of the difficulties that courts, and others, had in dealing with the mortgage crisis was understanding the relationship between a mortgage and the underlying note. This became especially important in situations of default when it was necessary to identify the holder with rights to enforce the mortgage.

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Internet of Medical Things Resilience Partnership Act of 2017

A new bill called the “Internet of Medical Things Resilience Partnership Act of 2017,” H.R. 3985, was recently introduced in the House of Representatives. If passed as drafted, the bill will establish a working group of public and private entities led by the Food and Drug Administration (FDA) and National Institute of Standards and Technology (NIST) to recommend voluntary frameworks and guidelines to increase the security and resilience of Internet of Medical Things devices.

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The American Law Institute and the U.S. Supreme Court

In an effort to show that the ALI’s influence is not confined to the states, in my last letter I focused on the impact of our work on the development of federal common law, both in the Supreme Court and the U.S. Courts of Appeals. In this letter, I look more specifically at the use of ALI materials by the Supreme Court during the 2013 to 2015 Terms.

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Why Re-Restate Property?

“Restatement Fourth of Property” sounds like an exercise in excess. It isn’t. It is true that there have been three rounds of previous Restatements of Property that have contributed greatly to the development of the law. And it is also the case that property law presents a large and seemingly disparate set of problems, doctrines, and institutions, making any attempt to restate the law in this area no small challenge.

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