Circuit splits are popular starting lines for note topics because they involve legal issues that have met differing decisions between circuits. Unsettled law represent subjects that need discussion and exploration and also makes for interesting reading. Aside from seeking out circuit splits, current legal news is a great way to determine which issues are hot topics.
1. Choose a topic that interests you.
2. Look for circuit splits.
3. Check current legal news.
4. Once you have a topic idea, explore news, blogs, cases, and articles to see the viewpoints of others.
5. Determine your unique contribution. How could you approach the issue that would offer new, valuable insight?
6. Conduct Preemption checking. This step is more detailed than determining your unique contribution, and involves ensuring that your angle has not already been presented and discussed. The "Finding Articles" tab on this guide is useful for this purpose.
