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Howard J Bashman

Howard J Bashman

May 14, 2013 | The Legal Intelligencer

Next Pa. Justice Can and Should Be More Than Just a Tiebreaker

Now 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 Splits

In 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 Court

The 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 Circuit

In 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 Court

The 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 Sponte

As 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 Two

Howard 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 Practice

By Howard J. Bashman

5 minute read