Howard J Bashman

October 29, 2007 | The Legal Intelligencer

At the federal appellate court level, efforts to implement a rule permitting citation to unpublished and non-precedential opinions relied on persuasion and logic. Eventually, those efforts succeeded when Federal Rule of Appellate Procedure 32.1 recently t

By Howard J. Bashman

4 minute read

March 12, 2007 | Texas Lawyer

The post-Lawrence fears that public morality would no longer remain a valid basis for legislating consensual sexual conduct have proven to be overblown.

By Howard J. Bashman

4 minute read

February 26, 2007 | The Legal Intelligencer

An unusual and intriguing example of a failure of interpersonal relations between a trial court judge and an appellate court in California recently captured the attention of reporters who cover the courts.

By Howard J. Bashman

5 minute read

May 28, 2007 | The Legal Intelligencer

Although the First Amendment does not protect a person's right to utter libelous speech or defamatory remarks, free speech concerns derived from the First Amendment ordinarily lead courts to refrain from prohibiting, in advance, the dissemination of libel

By Howard J. Bashman

4 minute read

October 08, 2007 | The Legal Intelligencer

For many lawyers, the first exposure to the appellate process occurs in a law school legal research and writing course, in the form of an assignment to prepare an appellate court brief and present oral argument before a panel of lawyers and academics fill

By Howard J. Bashman

4 minute read

November 05, 2007 | The Legal Intelligencer

Sooner or later, every case that has been appealed from a trial court to an intermediate appellate court results in a decision. Ordinarily, that decision will disappoint at least one, if not more, of the parties in the case. The party that has lost on app

By Howard J. Bashman

4 minute read

May 10, 2011 | The Legal Intelligencer

On an e-mail discussion list for professors of constitutional law that I subscribe to, someone recently raised the topic of who would qualify as the greatest U.S. Supreme Court advocates of all time.

By Howard J. Bashman

7 minute read

January 29, 2007 | The Legal Intelligencer

Chief Justice John G. Roberts Jr. made the need for a federal judicial pay raise the sole focus of his 2006 year-end report on the federal judiciary. Although the chief justice's characterization of the federal judicial pay issue as a "constitutional cris

By Howard J. Bashman

6 minute read

August 14, 2012 | The Legal Intelligencer

In last month's column, I reported that the U.S. Supreme Court agreed with the outcomes that the U.S. Court of Appeals for the Third Circuit arrived at in three of the seven cases that reached the Supreme Court directly from the Third Circuit in the recently completed 2011-12 term. Today's column examines how the Third Circuit fared last term in another eight cases that did not originate from the Third Circuit but in which the Supreme Court expressly noted that it was resolving conflicts that involved the Third Circuit.

By Howard J. Bashman

7 minute read

June 05, 2006 | National Law Journal

Howard Bashman says Supreme Court advocates should also take note not to confuse Scalia and Alito.

By Howard J. Bashman

5 minute read