Published Works

Here's a mini civics lesson. All three branches of government make law. The legislature, of course, passes legislation; the executive branch promulgates administrative regulations; and the judicial branch interprets the legislation and regulations, as well as general uncodified law (in most states, and the federal courts, known as the common law).

Almost all judicial lawmaking occurs at the appellate level. All decisions of the United States Supreme Court and the California Supreme Court are published in the lawbooks. Most intermediate state and federal appellate court decisions are unpublished. Unpublished opinions only control the case in which they are decided; they have no value as precedent, and other courts aren't obligated to follow them. A small number of intermediate appellate court decisions are published. The courts only publish an opinion if it does something new: creates a new rule of law; applies an existing rule to a new situation; disagrees with another court's interpretation of the law; or sets forth a thorough examination of the law in a given area.

If a California state court issues an unpublished decision, anybody can ask the court to publish it, on the ground that it meets any of the above criteria. Conversely, if a case is published, anybody can ask the California Supreme Court to depublish it.

A few weeks ago, I posted a link to an article about an opinion in one of my appellate cases. That opinion was unpublished. I asked the court of appeal to publish the case. My opponent agreed that it should be published. So, apparently did the court. Here is the case. Another glimpse at what I do in my day job.