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Guide to Researching and Writing Seminar Papers

What is a Preemption Check?

 

Preemption checking is making sure no one else has written a paper or article that is substantially similar to your proposed paper. Preemption is fairly subjective and is more important if you are working on publishing with a journal. However, it is important to still make this review with your seminar paper.

A published work or article may be substantially similar to your paper if multiple factors below are the same:

  • Legal Issue
  • Material
  • Method or Solution
  • Argument or Conclusion
How to Conduct a Preemption Check?

 

Conduct searches for articles and/or book chapters in:

  • Library Catalog
  • Databases for Legal Journals (Hein Online)
  • Legal and Non-Legal Databases (Westlaw, Lexis+, World Cat, etc.)
    • Index to Legal Periodicals (HeinOnline)
    • Index to Foreign Legal Periodicals (EBSCO)
  • News Platforms (Law360, State Report, etc.)

TIP: Keep track of articles and book chapters you find that are about the same subject. If they don't preempt your work, they may serve as helpful research for your paper. 

What If My Topic Is Preempted?

 

All is not lost! Consider this:

  • Is there anything else to say on the topic?
  • Is there another way to analyze the material?
  • Can I reach a different conclusion than existing scholarship does?
  • Do I have (or can I create) a novel thesis?
  • Does the material I found leave me with questions that I can answer?

Learn More with Preemption Checking CALI lesson: http://www.cali.org/lesson/8989