Preemption Checking: Has Your Legal Argument Already Been Published?

Preemption checking determines if an idea for a journal note or paper is original. This lesson identifies the sources to use and the process of conducting a preemption check.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Explain the importance of preemption checking.
2. Distinguish between "preemption by law" and "preemption by author."
3. List sources to be included in a preemption check.
4. Identify when a paper topic has been preeempted.