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Howard J Bashman

Howard J Bashman

March 08, 2011 | The Legal Intelligencer

What Are Your Chances of Winning on Appeal?

One thing that the administrators who help run appellate courts are good at is statistics. Every year, appellate courts churn out statistics revealing how many cases were decided on the merits, how many of those were affirmed or reversed, and what percentage were criminal cases or civil cases or prisoner petitions.

By Howard J. Bashman

7 minute read

September 13, 2011 | The Legal Intelligencer

It's a New Day for Openness in the Pa. Appellate Courts

Today, for the first time in its long history, which dates back to before the United States even existed as a nation, the Supreme Court of Pennsylvania is scheduled to allow television cameras to record its oral argument sessions.

By Howard J. Bashman

6 minute read

February 14, 2012 | The Legal Intelligencer

3rd Circuit 'Strongly' Disfavors Requests to Exceed Word Limits on Briefs

A single post on Twitter is limited to 140 characters. My column today consists of approximately 1,400 words. And, if you are preparing a brief to be filed in a federal appellate court, you also may need to be concerned with word counts, because the Federal Rules of Appellate Procedure use a word count limit, rather than a page limit, to determine whether an appellate brief is within the applicable size limit.

By Howard J. Bashman

7 minute read

January 18, 2011 | The Legal Intelligencer

Credibility's Power: Appellate Lawyers Should Be Forthright In Addressing Their Cases' Weaknesses

Back when new installments of the "20 Questions for the Appellate Judge" feature were appearing monthly at my "How Appealing" Web log, the federal and state judges who I was interviewing would frequently complain about appellate advocates who were unwilling to directly respond to questions at oral argument that focused on the weaknesses of their clients' cases.

By Howard J. Bashman

7 minute read

July 09, 2013 | The Legal Intelligencer

How the Thirds Circuit Fared in the 2012-2013 High Court Term

The Supreme Court of the United States, in its just-completed term, issued a total of 73 signed opinions in argued cases and five summary reversals without oral argument.

By Howard J. Bashman

9 minute read

November 08, 2010 | The Legal Intelligencer

How Did Elections Affect Pa. 'Merit Selection' Battle?

Last week's decision by Iowa voters to remove three justices serving on that state's Supreme Court has produced the predictable hand-wringing and consternation from those who think they know better than we do what's best for society. In actuality, however, the judicial retention vote in Iowa merely shows that the system is operating in the manner in which it was designed.

By Howard J. Bashman

6 minute read

June 11, 2013 | The Legal Intelligencer

Adding Judicial Efficiency to the Appellate Conversation

The month of June once again is here, and, as in years past, attention turns to thoughts of summer, to high school graduations, and to anticipation of the U.S. Supreme Court's issuance of the term's most important and contentious rulings.

By Howard J. Bashman

8 minute read

October 08, 2013 | The Legal Intelligencer

Recognizing Other Sources of Delay for Appellate Courts

From time to time, this column has discussed the efficiency of appellate courts in deciding cases that are ready for resolution. While recognizing the importance of that consideration — given that deciding appeals is the main reason appellate courts exist — it is also useful to acknowledge that there are various other considerations for which appellate courts are not directly responsible that can significantly delay an appellate court's resolution of an appeal.

By Howard J. Bashman

7 minute read

April 11, 2005 | The Legal Intelligencer

Anti-Filibuster and Yet Also Anti-'Nuclear Option'

So long as a nominee to a U.S. Court of Appeals possesses the necessary objective qualifications (an inquiry whose resolution does not depend on whether the nominee shares my views on controversial issues of the day) and is willing to apply the law even when it conflicts with his or her own personal preferences, the nominee deserves to receive an up-or-down vote on the merits in the U.S. Senate.

By Howard J. Bashman

7 minute read

April 17, 2006 | The Recorder

Minimum Wage

Are you willing to represent prisoners in federal civil rights litigation? Great, but prepare yourself for earning $1.50 worth of attorney fees.

By Howard J. Bashman

6 minute read