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.
55) Beyond this requirement, Office of the Federal Register regulations permit incorporation by reference
of a publication only if it "substantially reduces the volume of material published in the Federal Register.
These include incorporation by reference
, assumption, agency, veil piercing/alter ego and estoppel, all of which are explained below.
21) The concurring opinion found that a federal statute incorporating state crimes in terse "descriptive language" posed "no ambiguity," that it was sufficiently "clear" and "defined with specificity" (although incorporation by reference
was the mode chosen by the legislature), and that legislative history informed the meaning of certain terms.
First, they asserted that the Resource Conservation and Recovery Act exemption for household hazardous waste from certain regulatory requirements extends, through incorporation by reference
, to the definition of hazardous substance under CERCLA.
Benefits associated with incorporation by reference
of these codes would include greater efficiencies in the manufacture of tanks, as well as the mitigation of the fluctuating cost of materials, and allows the use of a broader range of materials of construction while providing an equivalent level of safety.
The regular incorporation by reference
of private standards into federal regulations predates Congress's move to "enhance free public access to Federal electronic information" (176) but is still a comparatively recent innovation, apparently beginning in the 1970s.
The time has come to reevaluate incorporation by reference
Finally, the concept release seeks input on various alternatives to presenting and delivering information to investors, including through the use of cross-references, incorporation by reference
, hyperlinks, standard formatting requirements and layered or structured disclosures.