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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.

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