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Howard J Bashman

Howard J Bashman

February 08, 2010 | The Legal Intelligencer

Reserving Time for Rebuttal Oral Argument on Appeal

Within the past few weeks, I presented an oral argument to a three-judge panel of the 3rd U.S. Circuit Court of Appeals.

By Howard J. Bashman

7 minute read

August 28, 2006 | The Legal Intelligencer

Upon Further Review

Last month, the Law Weekly's sibling, The Legal Intelligencer, reported that "A demand from judges and clients for skilled appellate attorneys is starting to take hold on Pittsburgh and Philadelphia law firms who in turn are creating with in

By Howard J. Bashman

7 minute read

December 18, 2006 | National Law Journal

Your Computer, Your Porn: Courts Misapply Meaning of Possession

Howard Bashman criticizes the 9th Circuit for making it safer to view child porn online.

By Howard J. Bashman

9 minute read

July 12, 2012 | The Legal Intelligencer

The 3rd Circuit's Supreme Court Report Card for the 2011-12 Term

The U.S. Supreme Court, in its just-completed term, issued a total of 65 signed opinions in argued cases and 10 summary reversals without oral argument.

By Howard J. Bashman

7 minute read

February 19, 2007 | National Law Journal

A veteran advocate offers his tricks of the trade

As an appellate attorney with 15 years in private practice, I hear a common refrain from appellate judges across the country: The overall quality of appellate briefs and oral arguments is too low.

By Howard J. Bashman/Law.com

7 minute read

November 09, 2009 | The Legal Intelligencer

Reflections on the Recent Round of Appellate Judicial Elections

Pennsylvania continues to hold elections to select judges to serve on the commonwealth's trial and appellate benches.

By Howard J. Bashman

6 minute read

November 13, 2012 | The Legal Intelligencer

Professionalism on Appeal: The Good, the Bad and the Ugly

In 1995, the Philadelphia-based U.S. Court of Appeals for the Third Circuit promulgated Local Appellate Rule 28.1(d), which states in full: "The court expects counsel to exercise appropriate professional behavior in all briefs and to refrain from making ad hominem attacks on opposing counsel or parties."

By Howard J. Bashman

7 minute read

January 01, 2007 | The Legal Intelligencer

Alito and New Rule Marked 2006

Years from now, when appellate attorneys reminisce about the "good old days" of 2006, two memories in particular are likely to stand out. First, 2006 was the year in which a new Federal Rule of Appellate Procedure took effect to allow citation of unpublis

By Howard J. Bashman

5 minute read

February 13, 2006 | The Legal Intelligencer

Minimum Wage

With so much media attention focused on outrageously large attorney fees awards and the ever–skyrocketing cost of litigation, it would be easy to overlook a recent en banc decision of the 10th U.S. Circuit Court of Appeals awarding a $1.50 attorney

By Howard J. Bashman

6 minute read

January 11, 2010 | The Legal Intelligencer

Technology's Effect: Instantly Learning of an Appellate Court's Ruling

Back in the good old days of the early 1990s when I entered the private practice of law after having clerked for a 3rd U.S. Circuit Court of Appeals judge, we would learn of the issuance of an appellate court's ruling the old fashioned way -- by receiving a package in the mail from the issuing court containing the decision.

By Howard J. Bashman

6 minute read