May 14, 2013 | The Legal Intelligencer
Next Pa. Justice Can and Should Be More Than Just a TiebreakerNow that former Pennsylvania Supreme Court Justice Joan Orie Melvin's resignation from that court has become official, Governor Tom Corbett has 90 days in which to nominate a successor.
By Howard J. Bashman
6 minute read
August 09, 2010 | The Legal Intelligencer
High Court Report Card: 3rd Circuit's Record in Cases With Circuit SplitsIn last month's column, I reported on the laudable 60 percent affirmance rate that the 3rd U.S. Circuit Court of Appeals achieved in the 2009-10 term in cases that reached the U.S. Supreme Court directly from the 3rd Circuit.
By Howard J. Bashman
6 minute read
July 12, 2011 | The Legal Intelligencer
The 3rd Circuit's Report Card From the U.S. Supreme CourtThe U.S. Supreme Court, in its just-completed term, issued a total of 75 signed opinions in argued cases. Five of those cases reached the Supreme Court directly from the 3rd U.S. Circuit Court of Appeals.
By Howard J. Bashman
7 minute read
February 12, 2013 | The Legal Intelligencer
Statistics Confirm Growing Rarity of Oral Arguments at Third CircuitIn May 2006, one of the shining stars of the entire federal appellate judiciary, and of the U.S. Court of Appeals for the Third Circuit in particular, passed away. One of the many things that distinguished Judge Edward R. Becker from his many colleagues was the extent to which he valued the benefit of appellate oral argument.
By Howard J. Bashman
6 minute read
June 14, 2011 | The Legal Intelligencer
For Whom the Post-Judgment Motion Tolls:In a civil case pending in federal court, a party's timely filing of any specified post-judgment motion will serve to postpone the deadline applicable to all parties for filing a timely notice of appeal until at least 30 days from the date on which the federal district court disposes of the post-judgment motion.
By Howard J. Bashman
7 minute read
March 08, 2010 | The Legal Intelligencer
Are There Too Many, or Too Few, Separate Opinions on Appeal?In a recent issue of Pennsylvania Law Weekly, Leo Strupczewski had an interesting article considering the impact of the increasing number of separate opinions that the justices serving on the Supreme Court of Pennsylvania have been issuing over the past few months.
By Howard J. Bashman
6 minute read
June 12, 2012 | The Legal Intelligencer
Opt for Efficiency Over Prolonged Deadlock at Pa. High CourtThe issuance of criminal charges against one of its justices has once again left the Supreme Court of Pennsylvania without its full complement of seven decision-makers.
By Howard J. Bashman
6 minute read
October 11, 2010 | The Legal Intelligencer
The Appellate Safety Valve: When Courts of Last Resort Decide To Overrule Precedent Sua SponteAs certain justices serving on the U.S. Supreme Court have observed, that court is not final because it is infallible. Rather, that court is infallible because it is final. But any claim that courts of last resort are infallible is of course not entirely correct, because courts of last resort retain the ability to overrule their own precedents as necessary and appropriate.
By Howard J. Bashman
5 minute read
July 31, 2006 | National Law Journal
Dividing Nine Into TwoHoward Bashman says that Congress, not the 9th Circuit's judges, must decide whether to split up the court.
By Howard J. Bashman
7 minute read
December 14, 2009 | The Legal Intelligencer
Justice Sotomayor's First Opinion May Impact Local PracticeBy Howard J. Bashman
5 minute read