Howard J Bashman

March 19, 2007 | Law.com

Examining the D.C. Circuit's recent gun-control ruling, Howard J. Bashman writes that, even if the U.S. Supreme Court agrees to take up the matter, there remains a potentially significant obstacle that may prevent the justices from using the case to resolve whether the "individual right" or "collective right" view of the Second Amendment is proper. The obstacle -- the central focus of a dissenting opinion in the D.C. Circuit decision -- is that the Second Amendment may not apply to the District of Columbia.

By Howard J. Bashman

5 minute read

November 13, 2006 | The Legal Intelligencer

Five and a half years ago, when this Upon Further Review column was still in its infancy, I offered my original list of top 10 tips for excellence in appellate advocacy. Now is an opportune time to revisit the subject.

By Howard J. Bashman

8 minute read

September 10, 2007 | Law.com

The crush of a burdensome caseload has made oral argument a scarce commodity in many federal appellate courts, writes Howard J. Bashman. In this commentary, the appellate litigator examines the systems used by the courts to decide whether an appeal should be argued. He concludes that at least two of the circuits use nonsensical methods that risk wasting court resources.

By Howard J. Bashman

6 minute read

February 02, 2007 | Law.com

Ninth Circuit justices weren't wrong last month when they heard an appeal entirely via telephone and videoconference.

By Howard J. Bashman

5 minute read

May 11, 2007 | New Jersey Law Journal

In a case where no binding precedent exists to govern the outcome, what's an accomplished appellate attorney to do?

By Howard J. Bashman

5 minute read

February 13, 2006 | The Legal Intelligencer

If you handle trials or appeals in the Pennsylvania state court system, you need to be aware of two opinions that the Supreme Court of Pennsylvania issued in late December 2005 on the issue of appellate waiver. Thus far, these two appellate waiver decisions have not received the attention that they deserve.

By Howard J. Bashman

7 minute read

June 26, 2006 | Law.com

After a federal district court enters a final, appealable judgment that entitles one party to receive money from another, there frequently arise questions concerning whether the losing party should or must post a bond securing payment of the judgment in order to appeal. Looking, in part, at a 7th Circuit ruling in a related case, attorney Howard J. Bashman examines three key points that a party on the losing end of a money judgment must consider.

By Howard J. Bashman

7 minute read

December 18, 2006 | Law.com

Now that the winter holiday season is in full swing, some may be actively in search of gift ideas for appellate attorneys. Appellate litigator Howard J. Bashman is ready with a list of goodies he'd be happy to receive tied up in ribbon. Among them: tomes with tips for winning appeals and writing persuasive briefs, a casebook that provides a thought-provoking read -- and a subscription to a truly entertaining law review that might also score the recipient a coveted Supreme Court bobblehead in the new year.

By Howard J. Bashman

6 minute read

February 12, 2007 | National Law Journal

Litigator Howard J. Bashman takes a look at a recent dustup between a trial court judge and a California appellate court that all began with the use of the term "kangaroo court." Ironically, the rules for proper handling of appeals are partially to blame for the misunderstanding, writes Bashman. Who actually said what, and what lessons does this failure of interpersonal relations hold for other attorneys?

By Howard J. Bashman

5 minute read

January 28, 2008 | Law.com

Although appellate courts affirm trial court rulings far more frequently than they reverse them, savvy litigators know that it's far from a risk-free proposition to represent on appeal the party that won below. The challenge is made all the more daunting by the possibility of an appellee committing waiver on appeal. Commentator Howard J. Bashman examines some possible scenarios.

By Howard J. Bashman

7 minute read