Incorporation by Reference
Statutes and regulations governing everything from buildings to food safety incorporate by reference (IBR) privately developed technical standards. The module covers the range of issues implicated by the practice of IBR: government transparency, statutory interpretation, copyright law, and administrative efficiency. The materials in this module were created by Emily S. Bremer, Associate Professor of Law, Notre Dame Law School.
Applicable Courses: Administrative Law, Regulatory Law & Policy, Law & Technology, Legal Theory
- Teaching Guide: Emily S. Bremer, When Technical Standards Meet Administrative Law: A Teaching Guide on Incorporation by Reference
- PowerPoint presentation: Emily S. Bremer, When Technical Standards Meet Administrative Law
Emily Bremer (Associate Professor of Law, Notre Dame Law School)
- What is incorporation by reference and why is it important?
- What is the history of the private standard system in the United States?
- Why do government agencies incorporate private standards?
- What issues arise because of limited public access to incorporated private standards?
- What did the Administrative Conference recommend to promote public access to copyrighted standards?
- What issues did the Office of the Federal Register confront over incorporation by reference?
Nina Mendelson (Joseph L. Sax Collegiate Professor of Law, University of Michigan Law School)
Peter L. Strauss (Betts Professor Emeritus of Law, Columbia Law School)
- What is incorporation by reference, and why is that issue important to citizens, law students, and lawyers?
- What are the advantages and disadvantages of incorporation by reference?
- Why did you petition the Office of the Federal Register in 2012 over its rules about incorporation by reference?
- What did the Office of Federal Register do in response to your petition?
- Should the public be concerned that private standards will not be sufficient to meet society’s needs?
- Emily Bremer (Associate Professor of Law, Notre Dame Law School)
- IBR Handbook (Office of Federal Register)
- The Regulatory Review: Regulating by Reference (series of essays)
- The Regulatory Review: Incorporating Private Standards into Public Regulations (series of essays)
- Why Voluntary Consensus Standards Incorporated By Reference into Federal Government Regulations Should Retain Copyright Protection (ANSI)
- Other relevant articles on IBR (ANSI)