Law Is What Courts Do, Not What They Say

Timothy Kowal, Esq.
February 9, 2022

Appellate expert Myron Moskovitz explains why unpublished opinions are a sleight of hand. Courts do one thing in one case, and the opposite in another case, and then tell you only the first case is “precedent” because the second was not “published.” But ALL cases are published online. We can all read what the court is doing. “Unpublishing” cases is a bad magic trick.

Watch the clip here.

This is a clip from episode 20 of the California Appellate Law Podcast. Listen to the full episode at