Howard J Bashman

April 02, 2007 | Law.com

Assume a client of yours has lost a case that has a good likelihood of obtaining U.S. Supreme Court review, but that client is unable to afford counsel or even the cost of printing the briefs necessary to request review. Fortunately, all hope is not lost in such a situation, as appellate litigator Howard J. Bashman can attest, based on recent personal experience.

By Howard J. Bashman

6 minute read

March 05, 2007 | The Legal Intelligencer

The Chief Justice of Pennsylvania, Ralph Cappy, announced when he was elevated that he intended to enhance the court's intellectual coherence by weeding out unnecessary concurrences and nitpicking dissents.

By Howard J. Bashman

7 minute read

May 14, 2007 | The Legal Intelligencer

I received word earlier this week that an acquaintance who was working as a partner in the appellate practice section of the Philadelphia office of one of Pennsylvania's largest law firms has announced that he is leaving that firm to start the appellate section at a much smaller (but even more lucrative) Philadelphia law firm that handles a variety of plaintiffs' personal injury cases.

By Howard J. Bashman

6 minute read

October 16, 2007 | National Law Journal

Each year, a small crop of highly credentialed law school grads arrives at the U.S. Supreme Court to serve as law clerks for the justices. Among their duties: analyzing whether petitions for writ of certiorari are meritorious and should be granted. In this commentary, appellate litigator Howard J. Bashman weighs in on the continuing controversy over the high court's cert pool and its possible hazards.

By Howard J. Bashman

5 minute read

July 24, 2006 | National Law Journal

The proliferation of blogs written by law professors and attorneys often results in robust online discussions of cases pending before the courts for resolution. In this way, appellate attorney Howard J. Bashman writes, the Internet can be regarded as a vast amicus brief through which legal experts may influence cases' outcome. But what is the proper response of judges if they, too, are reading the legal blogosphere's debates about the proper way to decide those cases?

By Howard J. Bashman

6 minute read

October 10, 2005 | The Legal Intelligencer

What qualifies someone to serve on the U.S. Supreme Court? A literalist would answer, being nominated by the president and confirmed by the U.S. Senate. Thus, it is not disqualifying for a president to nominate someone who was not considered a frontrunner for the court or even someone about whom there is precious little that can be known until it is too late to do anything about it.

By Howard J. Bashman

6 minute read

April 09, 2007 | Law.com

As more than one litigator has learned firsthand, even a persuasive and well-written appellate brief along with a compelling oral argument do not guarantee victory on appeal. In this commentary, attorney Howard J. Bashman examines this seeming conundrum as he looks at the art and science of effective appellate advocacy.

By Howard J. Bashman

4 minute read

April 24, 2006 | The Legal Intelligencer

Now that several months have passed since Pennsylvania voters learned that a statewide judicial retention election actually can be used to remove from office justices serving on the state Supreme Court, it is the perfect time to reflect on the lessons of

By Howard J. Bashman

7 minute read

January 29, 2007 | Law.com

Some judges are crooked. Others are idiots. And some ignore or distort the facts and applicable law to reach results to their liking. So writes commentator Howard J. Bashman, who adds that, no matter how much an appellate litigator may dislike a particular court decision, the wise course of action in challenging the ruling is to focus on the dispute's merits, not on the trial judge's personal character, motivations or qualifications.

By Howard J. Bashman

7 minute read

June 04, 2007 | Law.com

On May 25, Arkansas' highest court announced a proposed change to that state's appellate court rules that would retroactively abolish non-precedential appellate court rulings. Commentator and appellate litigator Howard J. Bashman examines the proposal's significance and its possible ripple effect in other jurisdictions.

By Howard J. Bashman

5 minute read