How to Choose a Topic and Perform Research for the Advanced Writing Requirement: Pre-Emption Check

Pre-emption check

The pre-emption check is simply a review of the existing literature on the topic you have selected. During a pre-emption check your goal is 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:

• improve your understanding of that area of law;
• will show you how the subject matter has been previously covered; and
• will lead you to resources for your paper.

If you find an article that completely covers your topic do not dismay!

With some reflection you can almost always come up with a different angle or point of view to cover. Here are a few ways you can take a new view of a topic:

• historical perspective
• political background
• future political repercussions
• gender perspective
• race perspective
• environmentalist perspective
• international perspective