Howard J Bashman

June 12, 2006 | Law.com

A challenge spearheaded by Michael Newdow to the words "under God" in the Pledge of Allegiance is once again pending before the 9th U.S. Circuit Court of Appeals. Once a three-judge panel is assigned to hear the appeal, the first question it will face concerns the binding effect, if any, of the 9th Circuit's decision in Newdow's favor in the earlier case. And in contrast to the situation surrounding Newdow's prior appearance before the 9th Circuit, this time Newdow reaches the court on the winning side.

By Howard J. Bashman

8 minute read

May 29, 2007 | Law.com

When can someone's choice of reading material be held against them in a criminal case? Appellate litigator Howard J. Bashman examines a recent decision by a sharply divided en banc panel of the 9th U.S. Circuit Court of Appeals, which ruled 8-7 that more than 140 stories found on a man's personal digital assistant could be used to rebut the man's claims that he was not traveling out of state to have sex with a minor.

By Howard J. Bashman

7 minute read

August 18, 2008 | The Legal Intelligencer

When must the party that won in the trial court file a cross-appeal to ensure that issues decided adversely to that party will be subject to review on appeal? The traditional answer to that question is that if the party that prevailed in the trial court s

By Howard J. Bashman

8 minute read

September 17, 2007 | Law.com

What do federal judges think about the quality of many lawyers' appellate advocacy? For at least some judges, the answer seems to be: Not much. As evidence, just consider the points made by three federal appellate judges at a recent panel of the Federal Bar Association's annual convention, as noted by commentator and litigator Howard J. Bashman. Among the criticisms: a lack of clarity in appellate briefs.

By Howard J. Bashman

4 minute read

October 29, 2007 | Law.com

Sooner or later, writes litigator Howard J. Bashman, every case that has been appealed from a trial court to an intermediate appellate court results in a decision -- one that will disappoint at least one of the parties in the case. Commentator Bashman examines the process and the pitfalls.

By Howard J. Bashman

5 minute read

November 13, 2006 | Law.com

During his 15 years in private practice, attorney Howard Bashman's work has focused almost exclusively on appellate litigation. For the benefit of those lawyers who do not regularly work on appellate cases, Bashman offers a handy list of 10 tips for excellence in appellate advocacy. The first: Win in the trial court, but, when that is not possible, be sure to have preserved the trial court's errors for appeal.

By Howard J. Bashman

8 minute read

April 17, 2006 | National Law Journal

If the Senate Judiciary Committee has its way, the U.S. Supreme Court justices could soon be the stars of television's newest reality program. The justices have expressed opposition to televised proceedings, based in part on concerns of misrepresentation and loss of anonymity. Then, attorney Howard Bashman writes, there is the issue of ratings: Does any audience exist to watch the typical Supreme Court argument? Perhaps, he says, some compromise is possible on this contentious issue.

By Howard J. Bashman

7 minute read

September 15, 2008 | The Legal Intelligencer

Appellate judges and the lawyers who handle appeals might occasionally wish that an appellate court could decide a particularly fascinating legal issue in the abstract, unconstrained by the facts and circumstances of the case in which the issue arises. In

By Howard J. Bashman

8 minute read

January 17, 2006 | Law.com

When Justice Sandra Day O'Connor retires, the high court's center of gravity unquestionably will shift, and another justice will become the key swing vote. Attorney Howard J. Bashman says he doesn't expect Samuel A. Alito Jr. to take on that role; instead, the smart money is on Justice Anthony M. Kennedy. And when the identity of the justice at the Court's center changes, says Bashman, the type of cases in which that justice will control the outcome is also likely to change.

By Howard J. Bashman

5 minute read

November 08, 2004 | The Legal Intelligencer

Chief Justice William H. Rehnquist is seriously ill with cancer. President George W. Bush has just won re-election by an unexpectedly large margin. And the Senate that convenes in Washington, D.C., in January 2005 will consist of 55 Republican Senators, a gain of four seats over the very slim majority that the Republican Party previously enjoyed in that legislative body.

By Howard J. Bashman

7 minute read