Howard J Bashman

June 10, 2009 | Legaltech News

Two federal appellate courts disposed of separate cases in which parties alleged electronic filing-related tales of woe as an excuse for the untimely filing of a notice of appeal. Fortunately, writes appellate attorney Howard J. Bashman, these two rulings teach some valuable lessons.

By Howard J. Bashman

6 minute read

April 24, 2006 | Law.com

The 9th Circuit recently ruled that a Los Angeles ordinance that criminalizes "sitting, lying, or sleeping on public streets and sidewalks" within city limits cannot be enforced because arresting L.A.'s homeless would violate the Eighth Amendment. While attorney Howard Bashman applauds the ruling as a matter of policy, he writes that -- even in the 9th Circuit -- sympathy for a group of litigants fails to furnish an adequate basis to strike down an ordinance as unconstitutional.

By Howard J. Bashman

7 minute read

December 13, 2004 | The Legal Intelligencer

Web logs, also known as blogs, have been in the news a bit lately. But these easy-to-access and easy-to-create Web sites offer more than just a place where teenagers can write at length about their celebrity crushes, politicians can rally the faithful, and pajama-clad intelligentsia can debunk what the mainstream media reports as news.

By Howard J. Bashman

7 minute read

February 08, 2002 | The Legal Intelligencer

During my more than 10 years as an appellate lawyer in private practice and two years as a federal appellate law clerk, I have read hundreds of appellate briefs that others have written.

By Howard J. Bashman

10 minute read

July 11, 2005 | The Legal Intelligencer

The U.S. Supreme Court, in its just-completed term, issued a total of 80 opinions, 74 of which were signed and six of which were per curiam. Four of those 80 decisions involved cases that reached the court directly from the 3rd U.S. Circuit Court of Appeals. In those four cases, the 3rd Circuit had its rulings affirmed once and reversed three times.

By Howard J. Bashman

8 minute read

March 08, 2004 | Law.com

From January 1981 to December 2000, there were no recess appointments made to Article III federal courts.

By Howard J. Bashman

6 minute read

August 06, 2007 | Law.com

According to a familiar saying, all work and no play makes Jack a dull boy. But could it also make John Roberts Jr. a healthier chief justice? Commentator and appellate litigator Howard J. Bashman examines the evidence and presents his case for a strict regimen.

By Howard J. Bashman

5 minute read

January 09, 2006 | The Legal Intelligencer

A former chief judge of the 3rd U.S. Circuit Court of Appeals once said that the White House has kept trying to appoint ideologues to serve on that court, but after being confirmed those judges have consistently defied such expectations. That former chief judge could have been speaking specifically about Judge Samuel A. Alito Jr.

By Howard J. Bashman

6 minute read

August 09, 2004 | The Legal Intelligencer

This month, two judges who have served together as colleagues on the 5th U.S. Circuit Court of Appeals for more than 25 years are to be married.

By Howard J. Bashman

7 minute read

October 02, 2006 | Law.com

Raising too many issues on appeal is an occupational hazard for attorneys, according to litigator Howard Bashman. Our commentator offers his thoughts on avoiding the lure of that particular pitfall -- and also reveals the magic number of appeals that he believes an attorney can legitimately, and prudently, raise.

By Howard J. Bashman

8 minute read