Your professor is the most important resource for your paper topic. Be absolutely sure you understand what your professor wants.
Some things to consider about your professor:
These things may help you choose a topic that your professor will connect with.
Your coursebook is another excellent resource for helping you pick a paper topic.
Some things to consider about your coursebook:
Often editors of casebooks provide you with fodder for paper topics in the problems, notes and comments that precede or follow a case. These problems, notes, and comments often ask questions about undecided areas of the law or areas that have proven controversial.
As you think about possible topics it may help to use the SUNNy approach to topic assessment.
SUNNy stands for:
Is your topic:
Blog: Out of the Jungle: thoughts on the present and future of legal information, legal research, and legal education, Research Tools for Writing Excellent Articles in less time. Posted by Betsy McKenzie on August 13, 2006.
The pre-emption check is simply a review of the existing literature on the topic you have selected to make sure that no other article has
"so completely and competently discussed the topic that you cannot significantly add to that discussion"
You must also make sure that your issue has not already been decided by case or statute.
Performing a pre-emption check is valuable because it will:
If you find an article that completely covers your topic do not dismay!
With a some thoughtful reflection you can almost always come up with a different angle or point of view to cover your topic that will save it from pre-emption: Here are some ways you can take a new view of a topic: