Writing for & Publishing in Law Reviews:
Conducting a Preemption Search
Posted Nov. 2, 2011.
Prepared by Trinie Thai-Parker.
Once you have settled on a note topic, you need to conduct a preemption
check to make sure that the topic and your treatment of it has not already
been published by someone else. This means that you will need to identify,
locate and scrutinize any articles that deal with your note topic.
If you do find articles on your topic written by others, you can still go
ahead and write your note so long as you can distinguish your treatment from
theirs. It is very important to be aware of what already has been written in
your area of interest and to engage with this literature if it’s relevant.
The best way to conduct a thorough literature review is to search law review
and journal articles as well as works in progress published as working
papers.
While it is possible to conduct searches in full-text law review databases,
such as HeinOnline or in Westlaw and LexisNexis, it is important to also consult a legal index, such as
Legaltrac (LRI in Westlaw or LexisNexis).
If you are writing on a foreign or international law topic, you might also
want to consult the Index to Foreign Legal Periodicals.
Current Awareness Publications
Legal Newsletters in Print, annual. KF8.E57, current edition at Reference Office
Legal Looseleafs in Print, annual. KF1.L44, current edition at Reference Office
Use the index to identify relevant publications then look up these titles in
the Library catalog to find out if the Library owns them. If not, consult a reference librarian for guidance
on how to obtain them through interlibrary loan.
Annotations
American Law Reports (ALR)
American Law Reports is a series of
reporters that examine significant developments in U.S. case law. It also
includes annotations, or summaries
of the development of specific legal concepts in a concise and precise fashion. You will find
relevant citations to cases from both federal and state courts and secondary sources, such as law review
articles. There are six series of ALR, 2 series of ALR Federal, and one
series of the ALR International, but they can be searched using a single index known as the
ALR Digest.
American Law Reports Series
Series |
Dates |
Call Number |
Location |
| ALR 6th |
2005-date |
KF132.A56 |
Reference Area |
| ALR 5th |
1992-2005 |
KF132.A55 |
Reference Area |
| ALR 4th |
1980-91 |
KF132.A54 |
Reference Area |
| ALR 3d |
1965-80 |
KF132.A53 |
Reference Area |
| ALR 2d |
1948-64 |
KF132.A52 |
Compact Stacks |
| ALR |
1919-48 |
KF132.A52 |
Compact Stacks |
| ALR Fed 2d |
2005-date |
KF105.A542 |
Reference Area |
| ALR Fed |
1968-2005 |
KF105.A54 |
Reference Area |
| ALR International |
2010-date |
KF132.A58 |
Reference Area |
ALR is also on LexisNexis (Secondary Legal > Jurisprudences, ALR &
Encyclopedias) and Westlaw (ALR)
top