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Step 2: Preemption Checking  

preemption check
Last Updated: Oct 10, 2016 URL: Print Guide RSS UpdatesEmail Alerts

Introduction Print Page

Steps in Writing a Paper

Finding a topic that fulfills the Advanced Writing Requirements and Skills Training is challenging and time consuming.

These guides will save you time and help you through the stages of writing a paper.

STEP 1:  Choosing a Topic
Help finding a topic for your paper.

STEP 2:  Preemptive Check
Checking to see if your topic is sufficiently original to merit your time and effort.

STEP 3:  Research Strategies for a Law School Paper
In depth research - using the library services and resources.

STEP 4Getting Published
Advice on getting your paper published.  




    Please contact any of our Chase Law Librarians if you need assistance with your research!



    This guide incorporates suggestions from other libraries, including the University of San Francisco, Zief Law Library.  The libguide author is Lee Ryan, Research Librarian.


    What Is a Preemption Check?

    A preemption check is checking to see whether someone else has already written an article that:

    • Is on the same topic you would like to write your article on;
    • Develops the same thesis you would like to develop;
    • Has the same focus your article would have.

    Don't conclude you are preempted unless after reading those articles you find that you have no new, worthwhile insights to offer.

    For help in the art of preemption checking, run the Preemption Checking CALI Exercise.


    What Are the Main Steps?

    For a thorough preemption check, take the following steps:

    1. Look for references to legal articles using legal periodical/journal indexes.

    2. Search for legal articles using full-text periodical/journal databases.

    3. Search for non-legal articles if your topic has an interdisciplinary slant.

    4. Search for pre-publication postings of a work in progress on Social Science Research Network [SSRN].

    5. Set up alerts to keep current on newly-published articles.

    At each stage use a variety of sources and a variety of search techniques. The more sources and search techniques you use, the more confident you can be that you have found all of the articles related to your topic, and that you have not overlooked a preempting article.

    Keep a log of the sources you checked and the searches you did, so that you don't accidentally skip a step — or repeat a step unnecessarily.


    Why So Many Steps?

    Why Bother?

    A thorough preemptive check verifies that no other article quite like yours exists.

    You cannot say "there is no article like this" until you have checked everywhere that similar articles might be found, using every resource that exists for finding law review articles and using different types of searches. So, preemption checking requires an usual degree of thoroughness, and a tolerance for a certain amount of tedium

    The payoff for the painstaking work of preemption checking is twofold. First, you can be reassured that you will not spend months researching and writing an article that cannot be published.

    Second, you will come away with a portfolio of articles that will help you refine and research your topic.


    Am I Preempted? How Can I Tell?

    Suppose you find an article very similar to the one you propose to write. Are you preempted? This is a hard question to answer.

    Ask yourself — is there anything at all left to say on this topic? Are their new angles to explore? Can I craft a novel thesis?

    Ask an editor or professor. Others may have a more objective view of whether your approach is sufficiently original to merit publication.

    Check the following book. Chapter 2 ("Inspiration: Choosing a  Subject & Developing a Thesis") has great advice on strategies for close reading of other articles to tease out original and meaningful theses for your own article.

    Cover Art
    Scholarly Writing for Law Students: Seminar Papers, Law Review Notes, and Law Review Competition Papers, 4th ed. (2011) - Elizabeth Fajans & Mary R. Falk
    Call Number: Open Reserve KF 250 .F35 2011


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