TOPIC & PREEMPTION CHECK FORM

The purpose of a preemption check is twofold. First, preemption ensures that another
author has not already published an article on the same topic. Second, preemption
guarantees that those of you writing on “groundbreaking” topics will have sufficient
resources to cite.

NAME: Michael
E-MAIL: mab558@law.miami.edu
TELEPHONE: 813-892-9588
TOPIC/TITLE: Analyzing how enforcement of data protection laws passed in other
federally organized international polities should influence comprehensive data privacy
legislation in the United States. Seeking to answer the question as to whether a federal
law that preempts state law will strike the intended balance between consumer protection
and commercial innovation.
ADVISOR: Professor Copeland
DATE: 10/01/19

The major tool in performing this preemption check is the Index to Legal Periodicals. This
is available online through Lexis or Westlaw. The easiest way to go about the preemption
check is to go on Lexis or Westlaw and select the Law Review Tab. At the bottom of the
page is a section called “Preemption Checking.” Check all of the boxes under this heading,
and then perform a search as if you were someone looking for your article, but did not
know it was out there. For example, if you were writing on Maurice Clarret and the NFL
rule against allowing him to play before he had been out of high school for three years, you
would perform variations on a search like: “NFL” N.F.L. “National Football League” /s
regulations rules prohibitions restrictions /s age /s draft."

To isolate the UMICLR Index, you should change your database to “UMICLR” (for
Westlaw) and then run the same searches.

Please list below the searches you ran. Remember, it is not necessary to search back more
than 10 years:

INDEX TO FOREIGN LEGAL

RESULTS
PERIODICALS HEADINGS CHECK
Title: Data Protection Regulation AND
Keyword: Supremacy OR
None
Keyword: Primacy AND
Keyword: European Parliament
Title: Data Protection Regulation
Keyword: Enforcement And
None
Keyword: United States AND
Keyword: Preemption
HEINONLINE INDEX CHECK
title:Data Privacy OR Data Protection
OR Comprehensive Data Privacy
Legislation AND text: Preemption AND
GDPR
Title: Data Privacy Law & Federal
Preemption
Privacy & Preemption & Federal
Legislation & State Legislation &
Federalism & GDPR
SSRN INDEX CHECK
"Data Privacy" "Preemption" "U.S."
"Federal"
RESULTS
Bilyana, Petkova, Domesticating the
Foreign in Making Transatlantic Data
Privacy Laws, 15 Int’l. J. Const. L. 1135
(2017).
Patterson, Moria & McDonagh, Maive,
Data Protection in the Era of Big Data:
The Challenges Posed by Big Personal
Data, 44 Monash Univ. L. Rev. 1 (2018).
Tersteeg, David Legislative and Regulatory
Obligations on Corporate Attorneys:
Production Data in the World of Sarbanes
Oxley and General Data Protection, 39 N.
Ill. U. L. Rev. 456 (2019).
Humerick, Matthew, The Tortoise and the
Hare of International Data Privacy Law:
Can the United States Catch up to Rising
Global Standards, 27 Cath. U. J. L. & Tech
77 (2018).
Yu, Peter K., Data Producer’s Right and
the Protection of Machine-Generated
Data, 93 Tul. L Rev. 859 (2019)
Terry, Nicolas P., Regulatory Disruption
and ARbitrage in Heath-Care Data
Protection, 17 Yale J. Health Pol’y L. &
Ethics 143 (2017).
Tschider, Charolotte A., Experimenting
with Privacy: Driving Efficiency through a
State-Informed Federal Data Breach
Notification and Data Protection Law, 18
Tul. J. Tech. & Intell. Prop. 45 (2015).
Citron, Danielle Keats, The Privacy
Policymaking of State Attorneys General,
92 Notre Dame L. Rev. 747 (2016).
Petkova, Bilyana, The Safeguards of
Privacy Federalism, 20 Lewis & Clark L.
Rev. 595 (2016).
RESULTS
Petkova, Bilyana The Safeguards of
Privacy Federalism. (see above citation).
Litman, Jessica Information Privacy /
Information Property, 52 Stanford L. Rev.
Vol. 52 (2000).
Finally, the most informative part of this exercise is to briefly summarize your findings.
You should let me know what you found that will be helpful to you in writing your paper.
Cite the helpful articles you found sources that you believe you might use, as well as those
you thought would be helpful but turned out not to be helpful. This is important because it
will help to focus your topic.

Why or Why Not

Article Title Citation
Helpful?
Helpful because it
presents arguments in
support of maintaiing
stronger state laws.
Petkova Bilyana, The Safeguards of Privacy
The Safeguards of Unhelpful in that it
Federalism, 20 Lewis & Clark L. Rev. 595
Privacy Federalism does not discuss
(2016).
existing laws such as
CCPA or current
enforcement actions in
the EU.
Although this article
The Privacy does not discuss or
Policymaking of argue on the issue of
Citron Danielle Keats, The Privacy
State Attorneys preemption it explains
Policymaking of State Attorneys General, 92
General the reasons for
Notre Dame L. Rev. 747 (2016).
maintaining a strong
state AG led
framework.
This is helpful because
it points out the
difficulties of
administratively
regulating the GDPR
The DPAs and
across European Union
Their Cooperation:
Hielke Hijmans, The DPAs and Their member states, and
How Far Are We in
Cooperation: How Far Are we in Making argues for a centralized
Making
Enforcement of Data Protection LAw More regulator aided by
Enforcement of
European, 2 Eur. Data Prot. L. Rev. 362 consistency
Data Protection
(2016). mechanisms. This
LAw More
helpful because it is a
European
lesson/model that I
will argue is worth
learning from in
implementing a
domestic federal law
 that has to reconcile
and grapple with state
agency enforcements.
This is helpful in that it
provides and overview
and brief comparative
study of European
Data Privacy Regimes
and US Data Privacy
laws. This offers an
GDPR: The End of evolution of the
Google and Houser Kimberly & Voss Gregory, GDPR: legislative history of
Facebook Or a New The End of Google and Facebook Or a New some of these
Paradigm in Data Paradigm in Data Privacy, 25 Rich. J.L. & regulations which will
Privacy Tech 1 (2018). be helpful in
determining the
legislators intent as I
argue whether or not
the results of a
comprehensive law
that preempts local has
met the aims of the
original drafters.
This helpful critique of
Proposed Data
the GDPR (before its
Protection
Blume, Peter & Svanberg Christian Wiese, passage) will help me
Regulation: The
Proposed Data Protection Regulation: The understand some of the
Illusion of
Illusion of Harmonisation, the Private/Public positions of those who
Harmonisation, the
Sector Divide and the Bureaucratic oppose preemptory
Private/Public
Apparatus, 15 Cambridge Y.B. Eur. Legal laws, which will be
Sector Divide and
Stud. 27 (2012-2013). useful in comparing
the Bureaucratic
these arguments to US
Apparatus
of the same strain.
The Intersection of
Federal Health
This will be helpful in
Information Privacy Hodge, James G., The Intersection of Federal
understanding how an
and State Health Information Privacy and State
existing sectoral data
Administrative Administrative Law: The Protection of
privacy law has
Law: The Individual HEalth Data and Workers
managed competing
Protection of Compensation, 51 Admin. L. Rev. 117
state and federal
Individual HEalth (1999).
interests.
Data and Workers
Compensation
This Form should be submitted by GOOGLE DRIVE by 11:59 P.M. on September 27,
2019. As always, let me know of any issues (mayidombey@law.miami.edu).