Howard J Bashman

August 21, 2006 | National Law Journal

Now that the 6th Circuit is slated to hear an appeal stemming from a Detroit federal judge's finding that the president's wiretapping program is unconstitutional, the spotlight is again on the issue of how much a trial court opinion influences the odds of affirmance or reversal. Attorney Howard Bashman examines the factors that go into predicting the outcome of an appellate proceeding, and offers predictions on how the next phase of litigation over the National Security Agency surveillance will shake out.

By Howard J. Bashman

7 minute read

December 17, 2007 | Law.com

In his latest commentary, appellate litigator Howard J. Bashman examines a new amendment to the Federal Rules of Appellate Procedure, and the little-noticed amendment's potentially large impact on the connection between court records and identity theft.

By Howard J. Bashman

5 minute read

June 05, 2006 | Law.com

Which federal appellate court has the most informative Web site -- and which tries the soul of exasperated, time-crunched lawyers searching for vital details on opinions, judges and other matters? After much sleuthing and comparative viewing in the course of daily site use, litigator and blogger Howard J. Bashman unveils his new rankings, complete with words of praise, recommendations for change, and perhaps a smidgen of exasperation and bemusement.

By Howard J. Bashman

7 minute read

September 25, 2006 | Law.com

Imagine that the decision of whether you could continue to receive a $10,000 annual pay raise rested entirely in your own hands. But also imagine that if you decided to retain the raise, you increased the likelihood of being fired within the next several years. Now what would you do? Columnist Howard J. Bashman examines this quandary, which is essentially what recently faced six justices on the Supreme Court of Pennsylvania in ruling on the constitutionality of legislation to repeal a judicial pay raise.

By Howard J. Bashman

7 minute read

July 14, 2008 | The Legal Intelligencer

Upon Further Review

By Howard J. Bashman

7 minute read

December 26, 2006 | Law.com

Years from now, when attorneys reminisce about 2006, two memories are apt to stand out, writes litigator Howard J. Bashman. The first involves the new Federal Rule of Appellate Procedure, which allows citation of unpublished and non-precedential federal court rulings. Second: Samuel A. Alito Jr. became an associate justice of the U.S. Supreme Court. In addition to marking those noteworthy events, Bashman updates us on federal appeals court developments that have taken place since he last wrote about them.

By Howard J. Bashman

6 minute read

June 11, 2007 | Law.com

Examining a 3rd Circuit ruling from last week, commentator and appellate litigator Howard J. Bashman writes that he longs for the days when appellate judges kept to themselves how they would have voted on the outcome of an appeal had they not been recused.

By Howard J. Bashman

5 minute read

May 19, 2006 | The Recorder

As lawmakers debate whether to unleash a federal bench watchdog, the discipline case against L.A. federal Judge Manuel Real reveals real problems within the existing system.

By Howard J. Bashman

6 minute read

June 08, 2009 | The Legal Intelligencer

Just last week, two different federal appellate courts disposed of separate cases in which parties alleged electronic filing-related tales of woe as the excuse for the untimely notice of appeal filed in each case.

By Howard J. Bashman

6 minute read

July 17, 2006 | National Law Journal

Every July, after the U.S. Supreme Court adjourns for summer recess, statistics become available showing how the federal appellate courts fared when their decisions went before the high court for review during the just-concluded term. Attorney Howard J. Bashman, who has been analyzing the 3rd Circuit's record before the high court since 2001, examines the latest figures for the appellate courts --- and also explains why the statistics can be misleading.

By Howard J. Bashman

7 minute read