Law Practice,
California Supreme Court,
California Courts of Appeal,
Appellate Practice
Sep. 11, 2019
On ‘published’ opinions
The dictionary provides two generally accepted meanings to the word “publish.” It means “put into a book.” And it means “made known to the public.” Well, neither a published nor an unpublished opinion is “put into a book” — so all of them are not published. But both of them are “made known to the public” — online — so they are all published! What’s going on here? Did the rule-drafters forget how to use the English language?
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
MOSKOVITZ ON APPEALS
What's the difference between a "published" appellate opinion and an "unpublished" appellate opinion?
The dictionary provides two generally accepted meanings to the word "publish." It means "put into a book." And it means "made known to the public."
Well, neither a published nor an unpublished opinion is "put into a book" -- so
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