Preemption Check: Home

Sources for finding new laws, statutes, and articles.

Resources for Preemption Checks

One of the first steps to writing an article is to check to see whether there are any new materials that may change or affect the content of the article.

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.

The library offers this guide to help you in your search. Be sure to check through all the databases in this guide, as they each offer varying coverage.

If you have any questions, please contact a reference librarian.

Preemption Checks in Pre-printed Sources

There is no consensus on the preemptive nature of conference papers and pre-prints. We recommend that you search papers and pre-prints so that you know what materials are out there. We also recommend that you consult with your faculty or journal advisor on this matter. 

In the legal arena, there are two main working paper repositories: the Social Science Research Network's Legal Scholarship Network and the Bepress Legal Repository. Both websites offer searchable archives of working papers.

Additionally, you may want to examine Google Scholar and the University Law Review Project.

Preemption Checks in Books

Connecting to thousands of library catalogs worldwide, Worldcat is an excellent resource for conducting preemption checks in books.