Document Type


Publication Date



Center for Contract and Economic Organization


Program in the Law and Economics of Capital Markets


In August 13,2001 the National Conference of Commissioners on Uniform State Laws voted eighty-nine to fifty-three to reject the Amendments to Article 2 of the Uniform Commercial Code that had just been approved in May by the American Law Institute. The vote followed a last minute effort by the Article 2 drafting committee to amend the scope provisions of Article 2 in response to continuing criticism from representatives of the software and information industries. Several months later, at the request of the NCCUSL leadership, amended Article 2 with its revised scope provision was withdrawn from the agenda of the ALI Council in order to avoid its certain defeat. In the months that followed, the Article 2 drafting committee approved a new version that did not amend the basic scope section of Article 2 but did amend the definition of "goods" to exclude "information." The Amendments, as revised, were then approved by NCCUSL at its annual meeting in August 2002. The Article 2 Amendments thus return yet again to the ALI Council and, in the event of its approval, to the ALI membership in May 2003.