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As you research, you need to be aware of the concept of preemption. Your work should make an original and useful contribution, and preemptive authority renders it less original and less useful. Additionally, if you hope to submit your piece to a journal for publication, you should know that journals may deem a preempted piece unpublishable. Journals differ on where they draw the line between preempted and publishable Notes. Legal change that resolves the central legal controversy addressed by a Note is the strongest form of preemption. For example, if a Note analyzes a circuit split and the Supreme Court resolves that split, the Note may be of less interest to academics and practitioners.
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Seton Hall University

The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has changed the law to allow local councils to remove cladding from some buildings. The regulations, laid last week, mark the first change to fire safety legislation since the Grenfell Tower fire 18 months ago, and will enable councils to remove aluminium composite material ACM cladding on new buildings which are over metres in height, as well as making limited exceptions for schools and hospitals. Despite the focus on ACM materials, evidence suggests that the government may be grossly underestimating the number of buildings clad in combustible materials. This data shows that there are around 2, high rise, and high risk, buildings, which are clad in combustible materials. Of these, this change in the law will only account for around , which are privately-owned.
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This guide is intended as a brief introduction to resources for preemption checking when preparing a journal note or comment. For additional help with preemption checking, consult one of Rodino's Reference Librarians. Preemption checking is the process of surveying the existing literature to make sure that the topic you have chosen for your note or comment has not already been covered by another author. Be aware that preemptive material can appear in a wide variety of sources, e.
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