Preemption Check FAQ
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:
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?
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