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Preemption Checking: Checklist

1. Search for Books

I have my topic, case, idea...now what? You need to be original, so now is the time to make sure the paper you want to write hasn’t been written by someone else.

Preemption checking is also useful because it gives you a head start on your research. Think about using reference management software – tools like Zotero, RefWorks, or even a basic spreadsheet application, such as Excel or Google Sheets, which help organize and annotate documents as you identify them – to assist your preemption check.

Even if someone has written on your topic, you may be able to take a different approach, explore a related question, go more in-depth, change the scope, etc., so that you still make an original contribution.

Books and book chapters familiarize you with the topic, introduce you to terms of art, and flag important authors in your area.

  • Law Library Catalog, print and electronic materials in the libraries collection; does not locate individual articles.
    • Use Books & Articles to search BOTH the Law Library Catalog and the full-text of articles contained in many databases.  Books & Articles searches only selected databases; supplement by searching individual databases, like Westlaw, Lexis, and Bloomberg.  
  • UC Library Search, searches materials throughout the UC Library System.  You can also limit to materials available from Berkeley's Main Library only.  

 

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