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What is a Preemption Check?
It is simply a way to check to make sure that no one else has already published an article (or book) on the topic you have selected for your Note.How do I Complete a Preemption Check?
The easiest thing to do is to follow the Library's 8-step Preemption Check Guide.
FINDING BOOKS:
Search Hastings Online Catalog for print titles at the Hastings Law Library. Be sure to use keyword searches for broad topics. Once you have narrowed down to a LC subject heading, use subject search to include all materials under your subject.
You can search "WorldCat" on FirstSearch or at worldcat.org to find out if any books exist on your topic at local and worldwide libraries.
If you do find a book on your topic that we don't have at Hastings, you can submit a request to have the book borrowed by Hastings through interlibrary loan (ILL). It can take up to two weeks to get books from ILL, so plan ahead.
FINDING JOURNAL ARTICLES:
Finding a journal article discussing the area of law you are planning to write about can be a great way to start your research or to solidify an important point in your paper. Granted the articles you find will be on different topics, but they can help you find the major primary sources you will need. You can find this type of article while you are using the the online indexes discussed in Library's 7-step Preemption Check Guide.
ONLINE RESOURCES AT HASTINGS:
There are several new online resources that may help you with your note research.
U. S. Supreme Court Records and Briefs (1832-1978)
Full text searchable database of US Supreme Court Briefs includes both argued and cert denied cases.
Coverage: 1832 - 1978Hein-On-Line
Searchable, online collections:
Law reviews, and legal periodicals [including numerous international law reviews]
Federal Register vols 1-70, 1936-current
US Reports, 1754-2002 and US Reports Slip Opinions, 2002-To date
Treaty collections: TIAS 11060-12734, UST vols 1-35 [1950-1984], ILM vols 1-43 [1962-2004], and also Bevans, Malloy, Miller, and KAV.
European Center for Minority Issues
Legal Classics
Phillip C. Jessup Library
U.S. Attorney General Opinions
U.S. Presidential Documents
U.S. Statutes at Large
U.S. Supreme Court Library
Coverage: ranges from 1754 - current
Congressional Research Service (CRS)
CRS works exclusively for members and committees of the United States Congress. An arm of the Library of Congress, the agency is renowned for its non-partisanship and its in-depth analysis of issues. CRS Reports provide valuable insight into how Congress makes decisions and are excellent sources for determining historical and current legal frameworks on domestic and international issues.
Coverage: Full-text CRS Reports and Issue Briefs from January 2003 to present. (Also includes an index to CRS Reports issued since 1995.) Updated weekly.
Homeland Security Digital Library (HSDL)
The Homeland Security Digital Library (HSDL) is the nation's premier collection of homeland security policy and strategy related documents. The HSDL collection provides quick access to important U.S. policy documents, presidential directives, and national strategy documents as well as specialized resources such as theses and reports from various universities, organizations and local and state agencies. HSDL features - SeekOnce: a meta-search engine which enables searching across more than 50 article databases, quick link reference page, "On the Homefront News and Reports" with links to newly released reports, breaking news stories, and a calendar of up-coming homeland security related conferences and events. "Ask a Librarian" email reference.
Reference Desk Hours:
Fall Semester 2006
Monday-Friday: 8:30 AM - 5:30 PM
Saturday: 9:00 AM - 5:00 PMGetting Research Help:
The Reference Librarians are available to help you plan your research strategy and to help you find the resources that will be useful in researching your note topic. Stop by when the reference desk is open, or if you have a more complicated question, e-mail (or call) (565-4761) or (565-4838), and make an appointment to discuss your research.
Last updated September 11, 2007
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Copyright
© 2008 U.C. Hastings College of the Law. Redistribution or commercial
use is prohibited without express written permission.
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