Howard J Bashman

July 03, 2002 | The Legal Intelligencer

The Supreme Court of the United States, in its just-completed term, issued a total of 80 opinions, 75 of which were signed and five of which were per curiam.

By Howard J. Bashman

7 minute read

June 10, 2002 | The Legal Intelligencer

Sometime within the next three weeks. the U.S. Supreme Court is expected to announce its ruling in Republican Party of Minnesota v. Kelly. That case arose when an attorney running for election to the Minnesota Supreme Court brought a First Amendment free speech challenge against a regulation that prohibits any candidate for judicial office from announcing his or her views on disputed legal or political issues.

By Howard J. Bashman

9 minute read

May 09, 2005 | The Legal Intelligencer

Proposed Federal Rule of Appellate Procedure 32.1 would allow all federal court opinions, even those designated as unpublished or nonprecedential, to be cited in the U.S. Courts of Appeals. This proposed new rule is, without a doubt, the most controversial change to the Federal Rules of Appellate Procedure ever contemplated.

By Howard J. Bashman

7 minute read

August 07, 2006 | Law.com

With more law firms creating specialized appellate practices in response to demands from clients and judges, litigator Howard J. Bashman finds this an opportune time to review just what appellate lawyers do, how they can be of service to potential clients and fellow lawyers alike, and which traits appellate attorneys need to be successful. Oh, and did we mention the things to avoid during oral argument?

By Howard J. Bashman

7 minute read

May 21, 2007 | Law.com

Last week, the 9th U.S. Circuit Court of Appeals issued two Internet-related free speech rulings. The decision that received the most attention held that Google could display search results featuring thumbnail images of naked women without violating the copyright belonging to those images' owner. However, writes commentator and litigator Howard J. Bashman, the more important of the two decisions was the one involving a Web site known as Roommates.com.

By Howard J. Bashman

8 minute read

December 24, 2007 | The Legal Intelligencer

Last month, Pennsylvania voters elected two new justices to serve on the state Supreme Court and three new judges to serve on the Superior Court. In January 2008 those individuals will begin to serve on the courts to which they have been elected. Simultan

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

January 23, 2006 | Law.com

If hard cases make bad law, maybe it follows that unusual cases yield bizarre results. Proof can be seen in a ruling on Yahoo's battle against French groups opposed to the online sale of Nazi memorabilia. Statistics show that a party that loses in trial court faces an uphill battle on appeal. One might think that affirmance of a judgment would be a certainty after arguments for overturning a trial court's decision are rejected. But, says Howard J. Bashman, as the 9th Circuit ruling shows, you'd be wrong.

By Howard J. Bashman

6 minute read

February 14, 2005 | The Legal Intelligencer

Notwithstanding what some may say, appellate judges are not fungible automatons. A particular group of three judges drawn to serve on a panel assigned to decide a set of appeals might predictably reach decisions that differ from the decisions that a group of three other judges serving on the same appellate court would reach.

By Howard J. Bashman

7 minute read

October 12, 2009 | The Legal Intelligencer

The adversarial system of justice practiced in the United States presumes that each of the opposing parties in a lawsuit will advocate for a ruling in its favor under the facts and applicable law, and an impartial group of jurors -- or a judge or group of judges -- will decide what the result should be based on those adversarial presentations.

By Howard J. Bashman

5 minute read