The Law Library



Preemption Check

Last updated: August 2007

This FAQ is intended to answer general questions about conducting preemption checks.

What is a preemption check?
A preemption check is “conducted to determine whether there is new law or a prior publication (whether by student author or expert) that renders an article moot.” See Scholarly Writing for Law Students, pages 22 & 154 @KF250.F34 2005 Reserve.

How do I find out which articles have already been written on my topic?
The following databases will be helpful in determining whether your topic has been previously published in the legal journal literature:

Current Index to Legal Periodicals (CILP); Westlaw = CILP
Published by University of Washington Gallagher Law Library, CILP is an index to the most recent issues of over 500 law reviews and legal periodicals.

Hein Online
Hein Online provides full text and images of primarily historical and selected current issues of major law journals.

Index to Foreign Legal Periodicals (IFLP)
IFLP contains citations to foreign legal journal and law review articles

Index to Legal Periodicals (ILP); Westlaw = ILP; Lexis = LAWREV; ILP
ILP indexes over 1,000 legal journals, law reviews, yearbooks, institutes, statutes, bar association publications, university publications, and government publications from circa 1980 to the present. For retrospective access, consult our print Index to Legal Periodicals & Books in Range 2D, Reference.

LegalTrac; Westlaw = LRI; Lexis = LAWREV; LGLIND
Indexes for major law reviews, legal newspapers, specialty law
publications, bar association journals and thousands of law-related articles from circa 1980 to the present. For retrospective access, consult the print equivalent, Current Law Index in Range 2D, Reference.

Lexis full text law journals = LAWREV; ALLREV
Full text coverage of major law reviews since the mid-1990s.

Westlaw full text law journals = JLR
Full text coverage of major law reviews since the mid-1990s.

Do I need to search all of the above?
Absolutely. Coverage of full text databases and indexes varies. To be thorough, check them all.

What other databases or indexes are appropriate?
If your topic is international or interdisciplinary, check out the Lemeiux Web site for appropriate databases and indices or consult one of the reference librarians.

Should I search for books or book chapters?
Many books contain chapters and articles on specific topics. Search Worldcat for books in catalog records from thousands of libraries worldwide.

What about working papers and preprints?
The legal publishing landscape is changing and there is no consensus on the preemptive nature of working papers and preprints. We recommend that you search for these materials so you know what is out there and also consult with your faculty or journal advisor.

How do I locate working papers and preprints on my paper topic?
In the legal arena, there are two main working paper repositories: Social Science Research Network’s Legal Scholarship Network and Bepress Legal Repository. Both Web sites provide searchable working paper archives. You may also want to search Google Scholar and the University Law Review Project.

Where can I get help with my research?
Send us a question via our e-mail reference service at lawreference@seattleu.edu or visit us or call the reference desk at 206.398.4225.

How can I set up a research consultation with one of the reference librarians?
Contact the reference librarians directly to set up an individual research consultation:

Tina Ching Room 201G chingt@seattleu.edu 206.398.4129
Kerry Fitz-Gerald Room 201I fitzgk@seattleu.edu 206.398.4223
Kelly Kunsch Room 201K kunsch@seattleu.edu 206.398.4090
Bob Menanteaux Room 201H arobertm@seattleu.edu 206.398.4160
Barbara Swatt Engstrom Room 201J engstromb@seattleu.edu 206.398.4318
Stephanie Wilson Room 307C wilsons3@seattleu.edu 206.398.4222

How can I contact a member of the library staff?
Consult our Web-based Law Library staff directory.

How can I get additional training on Westlaw & Lexis?
Contact the vendor representatives directly to schedule training:

Westlaw/TWEN: Zachary Gose
Web: lawschool.westlaw.com

LexisNexis: Aaron Meyers
206.323.9537
Web: lexisnexis.com/lawschool

Where can I find additional information?

Bookmark, Save, and Share


Find More Research Guides


More Starting Points Research Guides

Download