It would seem to me, then, that on the balance of probabilities it makes sense to adopt some form of standard regulation of this process of using incorporation by reference, rather than continue the way we have been doing in the past, which is that some statutes have it, wherever legislators have specifically allowed for it, and many do not, but the regulators use it in any event.
You mentioned that there hasn't been much case law on incorporation by reference, in your experience. Do you know of any? Can you tell us what happened in any of those cases?