Bremer,
Incorporation by Reference in an Open-Government Age, 36 HARV.
The finding that an unclear electronic
incorporation by reference might be incorporated into the final contract represents a large step for a court, even given the time pressure exigencies of the modern age.
Since its enactment in 1966, FOIA has permitted the director of the Federal Register to approve an agency's "
incorporation by reference" of material published elsewhere into regulatory text without reprinting it in the Federal Register.
In this context,
incorporation by reference is a term of
Although some state constitutions expressly prohibit static as well as dynamic
incorporation by reference, (12) courts have been reluctant to approve dynamic incorporation even in states that do not generally prohibit
incorporation by reference.
Blue Cross, Denlow observes, applied FRCP 65(d) to forbid
incorporation by reference where the order constitutes an injunction that directs the parties to comply with the settlement's terms.
The bill also modifies provisions of the APA concerning the
incorporation by reference of materials into agency rules.
Other changes to OSHA's fall protection standard include
incorporation by reference of current American National Standards Institute standards, which represent industry best practices to protect employees from fall hazards.
These include
incorporation by reference, assumption, agency, veil piercing/alter ego and estoppel, all of which are explained below.
Disputes about the
incorporation by reference of arbitration clauses most frequently arise in the context of construction agreement.
Incorporation by reference has occurred in connection with the crime of piracy(77) and war crimes.(78) In both situations, the U.S.
Incorporation by reference has occurred in connection with the crime of piracy(45) and war crimes.(46) In both cases, the United States Supreme Court upheld the constitutionality of the statutes in the face of claims that federal statutes must identify the types of crimes proscribed and/or set forth detailed elements of offenses as well as punishments.(47) With respect to war crimes, the Supreme Court added: