1. Choose a topic that interests you.
Consider interesting questions of law that you are discussing in class or at an internship.
2. Look for circuit splits.
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.
3. Check current legal news.
Use legal news sites through Westlaw and Lexis or national newspapers, such as the New York Times or Washington Post.
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.
Circuit Split: A circuit split is an unresolved point of law, when two or more circuit courts disagree on the application of law on the same issue.
Terms and Connectors: Use the following search strings in Westlaw or Lexis to help you find circuit splits.
