Howard J Bashman

January 28, 2008 | The Legal Intelligencer

As someone who looks at far too many appellate court rulings, I've often wondered what causes appellate judges to designate an opinion as "per curiam" — a Latin phrase meaning "by the court" — instead of identifying by name the particular

By Howard J. Bashman

5 minute read

May 15, 2006 | Law.com

Supreme Court Justice Ruth Bader Ginsburg recently characterized new legislation that would create an inspector general to investigate waste, fraud, abuse and misconduct in the judiciary as "a really scary idea" reminiscent of the Soviet Union. But the legislation's sponsors say the judicial branch requires such oversight because of continuing controversies over judges' educational junkets and their stock ownership. Attorney Howard J. Bashman finds the concerns on both sides of the argument to be overblown.

By Howard J. Bashman

7 minute read

July 24, 2006 | New Jersey Law Journal

Oral arguers are already tripping over their tongues: is it Scalia or Alito?

By Howard J. Bashman

5 minute read

June 12, 2006 | The Legal Intelligencer

In August 1993, the number of females serving as justices on the Supreme Court of the United States increased from one to two. The presence of a second female justice on the Court appeared to pose a particular challenge to many advocates at oral argument,

By Howard J. Bashman

5 minute read

April 05, 2002 | The Legal Intelligencer

Proposed Rule RevisionsAddress Major DifficultiesBut May Raise More Issues

By Howard J. Bashman

10 minute read

February 12, 2007 | The Legal Intelligencer

Some judges are crooked. Others are idiots. And some ignore or distort the facts and applicable law to reach results more to their liking than the facts and law, honestly portrayed, would allow.

By Howard J. Bashman

6 minute read

August 20, 2007 | Law.com

Despite the relative simplicity of drafting and filing a notice of appeal, sometimes licensed attorneys as well as pro se litigants manage to foul up the process, writes Howard J. Bashman. The appellate litigator looks in particular at two recent federal appellate court cases that demonstrate the hazards for even an experienced practitioner.

By Howard J. Bashman

5 minute read

December 03, 2007 | Law.com

Last week, a three-judge panel of the 2nd Circuit decided a challenge to the class action settlement of freelance authors' copyright infringement claims arising from the unauthorized electronic reproduction of their work. Shortly before the 2nd Circuit was to hear oral argument, two of the judges on the appellate panel realized they likely were members of the plaintiff class whose claims the settlement sought to address. Howard J. Bashman weighs in on whether the judges had a duty to recuse.

By Howard J. Bashman

5 minute read

October 09, 2006 | The Legal Intelligencer

One of the most rudimentary pieces of advice an experienced appellate lawyer can provide is that it is a mistake to raise too many issues on appeal.

By Howard J. Bashman

8 minute read

March 27, 2006 | Law.com

The Supreme Court has not agreed to review the merits of any First Amendment challenges to state-issued license plates since a 1977 ruling on the constitutionality of plates bearing New Hampshire's "Live Free or Die" motto. But earlier this month, a 6th Circuit decision in a case challenging Tennessee's "Choose Life" specialty license plate program created not one, but two circuit splits. Attorney Howard J. Bashman explains why this controversy seems destined to land at the high court's door.

By Howard J. Bashman

8 minute read