Legal concepts change by evolution and revolution. Evolution is the most familiar process in legal scholarship. A principle or a statute is analyzed, then re-interpreted in the light of newer or novel events. The basic principles remain in effect. An example of evolutionary change is seen in the process by which intangible computer files have come to be subjected to conversion analysis. Shmueli v. NRT N.Y. Inc., 68 AD3d 479 (2009). Another example is the gradual acceptance of e-mails in contract and communications law.

Revolutionary change is different and sudden. One example is the emergence of Judiciary Law §487 from its centuries long slumber. After a recent decision by the Court of Appeals on this ancient statute, the world of legal malpractice has been stood on its head. What was formerly an ill-known extreme fringe theory of law has burst into prominence and scholarly acceptance. Although the statute is more than 700 years old, it today stands in the mainstream.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]