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Howard J Bashman

Howard J Bashman

December 11, 2012 | The Legal Intelligencer

An Advisory Opinion on Appellate Advisory Opinions

Article III of the U.S. Constitution limits the jurisdiction of federal courts to cases and controversies. Over the years, federal courts have construed the "case or controversy" requirement to encompass a number of subsidiary requirements.

By Howard J. Bashman

7 minute read

January 15, 2013 | The Legal Intelligencer

A Look at the Lawsuit Challenging Pa.'s Judicial Retirement Age

A handful of Pennsylvania state trial court judges have recently filed lawsuits challenging the constitutionality of the commonwealth's current judicial retirement age of 70.

By Howard J. Bashman

6 minute read

July 23, 2007 | The Legal Intelligencer

To Hazard a Guess

Where the statutory requirements for diversity of citizenship are satisfied, a federal district court possesses subject matter jurisdiction to decide a lawsuit governed by state law. The goal of the federal court system when adjudicating such a lawsuit is

By Howard J. Bashman

6 minute read

January 29, 2007 | National Law Journal

Far From the Madding Court: 9th Circuit Tries Oral Argument Without Bodies on the Bench

Howard Bashman is not outraged over the 9th Circuit's recent experiment in judging without judges.

By Howard J. Bashman

5 minute read

December 13, 2010 | The Legal Intelligencer

2010 Appellate Update: Electronic Filing and Amicus Briefs

Each December, changes to the Federal Rules of Procedure take effect. Some years those changes are major, while other years those changes tend to be relatively minor.

By Howard J. Bashman

6 minute read

May 10, 2002 | Law.com

Handling of Appeals Cases: Technology`s Impact More Access A drawback Electronic filing

Depending on how deep you delve into the impact technology has had on appellate litigation over the past 15 years, nothing has changed, and yet everything has changed.

By Howard J. Bashman

9 minute read

February 08, 2011 | The Legal Intelligencer

A Potpourri of Hits and Misses in Appellate Law

Instead of devoting an entire column to just one of the many appellate-related topics that I currently have in mind, this month I am going to try and address as many of them as possible in summary fashion.

By Howard J. Bashman

8 minute read

January 10, 2012 | The Legal Intelligencer

Repairing the Record on Appeal to Reflect the Truth

There's a saying in Pennsylvania state appellate jurisprudence that if the record on appeal does not reflect that something happened in the trial court, then that thing — even if it actually did happen in the trial court — will officially be deemed not to have happened. It is thus not too great of a stretch to observe that the record on appeal may represent, in essence, an alternate form of reality — and the only "reality" that is capable of controlling the outcome of an appeal.

By Howard J. Bashman

6 minute read

March 13, 2012 | The Legal Intelligencer

Is an Appellate Traffic Jam Ahead? A Guide to Delays on Appeal

I recently noticed that my local cable television provider has a channel devoted to broadcasting highway traffic camera feeds from throughout the area. When I watch the channel during the morning or evening rush hours, I am reminded just how fortunate I am to have an office that is only a short drive from my home.

By Howard J. Bashman

7 minute read

September 13, 2010 | The Legal Intelligencer

Oh the Places We'll Go! The Appellate Argument Roadshow

Jim Thorpe became famous for his athletic prowess, and now the town in Northeastern Pennsylvania that bears his name is embroiled in litigation with Thorpe's son over whether the town may continue to serve as custodian of the athlete's remains.

By Howard J. Bashman

7 minute read