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Preemption Checking

Checklist for conducting a preemption check.

Using LexisNexis

Search the following in Lexis+:

·     Secondary Materials- searches these materials simultaneously:  law reviews & journals, treatises, CLE materials, Jurisprudence (encyclopedias), American Law Reports
 

·      News - searches general news databases for recent articles about your topic.

 

·      Check case law, legislation and Shepardize your case and legislation.  The Shepard’s report includes secondary sources that cite your case and legislation.

 

·       Set up weekly ALERTS for changes to cases or legislation that may impact your topic.

TRY creating a Vault on Lexis Protege AI.  Lexis Protege does not include law review articles (as of Sept. 25, 2025), but you can run a search in law review articles on the Lexis research system, pull the documents into a Vault and then ask if those documents address the particular issue you address in your proposed thesis. 

Screenshot of Lexis AI page

Video - Topic Selection and Preemption Check

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