Picking a Paper Topic   Tags: circuit_splits, hot_topics, paper_topics  

What is a good topic?  Ask yourself these 3 questions:

1.  Is what you say true?

• The paper needs to be well supported.  This "means that preceding legal and scholarly texts substantiates the claims that an article makes."
    Originality, 115 Harv. L. Rev. 1988, at 2005 (2002).

2.  Is your topic new?

• Is is a novel idea?
• You must not pose questions that the profession has already answered and answered in the same way.
• Is it an original contribution to your topic (originality)?
• Watch out for moot cases/moot topics.

3.  Is your topic important?

• Is is noteworthy?
• Does it add something to the body of knowledge?
• What is the significance of your article?

There is a balance between support v. preemption.  The more support that exists for a particular argument, the more likely it will be considered preempted.  Originality, 115 Harv. L. Rev. 1988, at 2007 (2002). [HeinOnline link]  Also see, William Kupersmith, What Makes a Paper Publishable, 12 (2) The Bulletin of the Midwest Modern Language Association 15, 1979. [JSTOR link]

How to find paper topics?

Look for these categories in databases:

• Hot topics
• Emerging issues
• Unresolved issues – split circuits or split of authority, case of first impression, unsettled doctrine
• Pending legislation
• Notable trials
• News programs; legal news
• Set up alerts and trackers on hot topics
• Blogs/RSS feeds

Is your topic preempted?  Check this guide.

Pick a topic that will interest you.  You are going to be spending a lot of time researching and writing on this issue so choose something you will enjoy writing about.