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Researching Law School Papers

This guide will help you find your topic, perform a preemption check, and research your topic using Mabie Law Library and UC Davis main library databases.

What is preemption checking?

Once you have selected a topic, the next step is to find out if the topic is preempted

  • A preemption check determines whether your topic is original.
  • Just because there is an article on your topic does not mean your topic is preempted. Is your thesis original? Are your arguments original? A new approach or argument on a previously published topic is not preempted.
  • If your topic is preempted, you will need to change course. See the "What to do if your topic is preempted" box below.

Steps in a preemption check

Come up with search terms for your topic:

  • Write out your topic sentence
  • Select the key terms from your topic sentence
  • Come up with alternate phrasings and word forms
  • Brainstorm synonyms for key terms
  • As you perform searches, continue to note key terms used in the articles you find

Search the following databases for legal articles, using your key terms:

  • HeinOnline Law Journal Library - The most comprehensive database for searching law journals. Includes secondary and tertiary journals not available in Westlaw or Lexis Advance.
    • Used "Advanced search" for keyword searching.
    • Search for key terms in title or in full text​
  • Westlaw  - Under "Content types," select "Secondary Sources," then "Law Reviews & Journals."
  • Lexis Advance - Under "Content Type," select "Law Reviews & Journals" under "Secondary Materials."
  • SSRN Legal Scholarship Network - Includes scholarly working papers, as well as papers accepted for publication but not net published.

Note: For foreign or international topics, check the general law databases. HeinOnline, for example, includes foreign and international law journals, as well as journals in related topic areas such as international business/economics, international relations, human rights, and law of individual countries.

Search the following legal indexes using your key terms:

Note: For foreign or international topics, check the "Current Index to Legal Periodicals" as well as the "Foreign Index to Legal Periodicals." The current index is divided by category, and there are subject areas that cover foreign/international materials, such as human rights.

Search relevant non-legal databases for topics that are interdisciplinary. UC Davis main library databases will require download of the UC Davis main library VPN for access from off-campus.

  • Google Scholar - Scholarly literature from online sources. 
  • Academic Search Complete - Multidisciplinary database
  • JSTOR - Provides access to articles in 75 disciplines
    • Current issues of many journals may not be available 
  • Business Source Complete - Covers business, marketing, management, accounting, banking, finance
  • For other disciplines, see UC Davis main library subject guides
    • Subject guides are curated by subject experts
    • Guides include links to commercial databases and other online sources

Search the law library catalog for books on your topic.

What to do if your topic is preempted

If you find an article or paper on the same topic:

  • Don't panic.
  • Is your argument or analysis the same? If not, the topic is not preempted.
  • Do you disagree with the author? You can take a position in your paper that can contribute to the debate.  
  • Does the paper raise unresolved questions? Your paper can address those questions.
  • Get help. Talk to your professor or make an appointment with a reference librarian for assistance in coming up with alternate approaches.

To learn more

CALI's Preemption Checking tutorial has detailed guidance on performing a preemption check.

  • If you don't have a CALI account, email lawlibref@ucdavis.edu for a registration code.
  • You must be a UC Davis law student to register for an account.