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)

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