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Howard J Bashman

Howard J Bashman

July 13, 2015 | The Legal Intelligencer

US Supreme Court Report Card: How Third Circuit Fared This Term

The U.S. Court of Appeals for the Third Circuit's record at the U.S. Supreme Court during the high court's recently concluded 2014-15 term appears to have been an unmitigated disaster from the most commonly used viewpoint.

By Howard J. Bashman

7 minute read

June 09, 2015 | The Legal Intelligencer

Appellate Brief Length Reduction More Likely, but Less Severe

On May 28, the Committee on Rules of Practice and Procedure convened in Washington, D.C., to consider and vote on various pending proposed amendments to the federal judicial rules of procedure. At the meeting, the so-called Standing Committee approved a proposal scheduled to take effect Dec. 1, 2016, to reduce the maximum word length of federal appellate briefs from the current 14,000-word limit.

By Howard J. Bashman

7 minute read

June 08, 2015 | The Legal Intelligencer

Appellate Brief Length Reduction More Likely, but Less Severe

On May 28, the Committee on Rules of Practice and Procedure convened in Washington, D.C., to consider and vote on various pending proposed amendments to the federal judicial rules of procedure. At the meeting, the so-called Standing Committee approved a proposal scheduled to take effect Dec. 1, 2016, to reduce the maximum word length of federal appellate briefs from the current 14,000-word limit.

By Howard J. Bashman

7 minute read

May 12, 2015 | The Legal Intelligencer

Third Circuit Harsher on Minor Procedural Mistakes by Counsel?

Over 25 years ago, I arrived at the chambers of a judge serving on the U.S. Court of Appeals for the Third Circuit as a new graduate of one of this nation's many fine law schools. While in law school, I had tried my best to remain current with the new rulings of the U.S. Supreme Court and the 13 intermediate federal appellate courts. And I had already developed an affinity for good legal writing, which among other things meant that I was already an admirer of opinions written by Seventh Circuit Judges Richard A. Posner and Frank H. Easterbrook.

By Howard J. Bashman

7 minute read

May 11, 2015 | The Legal Intelligencer

Third Circuit Harsher on Minor Procedural Mistakes by Counsel?

Over 25 years ago, I arrived at the chambers of a judge serving on the U.S. Court of Appeals for the Third Circuit as a new graduate of one of this nation's many fine law schools. While in law school, I had tried my best to remain current with the new rulings of the U.S. Supreme Court and the 13 intermediate federal appellate courts. And I had already developed an affinity for good legal writing, which among other things meant that I was already an admirer of opinions written by Seventh Circuit Judges Richard A. Posner and Frank H. Easterbrook.

By Howard J. Bashman

7 minute read

April 14, 2015 | The Legal Intelligencer

Enshrining Rights in Constitution by Judicial Fiat Carries Risks

Later this month, the U.S. Supreme Court is set to hear oral argument in cases that will permit that court to decide whether the U.S. Constitution requires states to allow same-sex couples to marry despite state constitutional provisions or state laws to the contrary. Most observers expect that the U.S. Supreme Court will recognize a federal constitutional right to same-sex marriage by a vote of 5-4, if not 6-3, in a decision that will issue by late June of this year.

By Howard J. Bashman

7 minute read

April 13, 2015 | The Legal Intelligencer

Enshrining Rights in Constitution by Judicial Fiat Carries Risks

Later this month, the U.S. Supreme Court is set to hear oral argument in cases that will permit that court to decide whether the U.S. Constitution requires states to allow same-sex couples to marry despite state constitutional provisions or state laws to the contrary. Most observers expect that the U.S. Supreme Court will recognize a federal constitutional right to same-sex marriage by a vote of 5-4, if not 6-3, in a decision that will issue by late June of this year.

By Howard J. Bashman

7 minute read

March 10, 2015 | The Legal Intelligencer

Can an Attorney Blame the Client for a Bad Appellate Brief?

The U.S. Supreme Court can reliably be depended on to decide some of the most weighty legal issues of our time, such as the future of Obamacare and same-sex marriage in two cases to be decided this term. But, in an unexpected development, the court is also now poised to address an important if unusual issue concerning an attorney's ethical responsibilities to his client and the court in appellate litigation.

By Howard J. Bashman

7 minute read

March 09, 2015 | The Legal Intelligencer

Can an Attorney Blame the Client for a Bad Appellate Brief?

The U.S. Supreme Court can reliably be depended on to decide some of the most weighty legal issues of our time, such as the future of Obamacare and same-sex marriage in two cases to be decided this term. But, in an unexpected development, the court is also now poised to address an important if unusual issue concerning an attorney's ethical responsibilities to his client and the court in appellate litigation.

By Howard J. Bashman

7 minute read

February 10, 2015 | The Legal Intelligencer

When Size Does, and Does Not, Matter in Appellate Law

Effective March 2, petitions for allowance of appeal filed in the Pennsylvania Supreme Court, and answers to such petitions, will be subject to a 9,000-word limit. At present, no word limit applies to this most frequently employed method for seeking discretionary review of rulings issued by Pennsylvania's intermediate appellate courts.

By Howard J. Bashman

6 minute read