The
following is an archive of Howard
J. Bashman's monthly columns about
appellate litigation.
2004
When
Federal Appellate Judges Marry
One Another
Monday, August 9, 2004
Report
Card from the U.S. Supreme Court:
How the Third Circuit Fared in
the October 2003 Term
July 12, 2004
Waiving
Goodbye To Your Best Issues On
Appeal
June 14, 2004
The
Pennsylvania Superior Court's
Policy Of Prohibiting Citation
To Unpublished Opinions May Not
Be Unconstitutional, But That
Policy Nevertheless Should Be
Abandoned
May 10, 2004
The
Law That Dare Not Speak Its Name
April 12,
2004
Test
Your Knowledge Of Federal Judicial
Recess Appointment Trivia
March 08,
2004
So
You'd Like To Be An Appellate
Lawyer?
February 9,
2004
The
Time to Comment on Impending Amendments
to the Federal Rules of Appellate
Procedure is Now
January 12,
2004
2003
Too
Much Of A Good Thing -- Oral Argument
In The Superior Court of Pennsylvania
December 8,
2003
Federal
and State Appellate Judges Give
Advice on How You can be Most
Effective in Briefing and Orally
Arguing an Appeal
November 10,
2003
What
Should a Three-Judge U.S. Court
of Appeals Panel Do When Faced
With Conflicting On-Point Authority
Issued By Previous Panels?
October 13,
2003
Take
two tablets: Courts struggle over
where to draw the line between
Church and State
September
8, 2003
Legislature
Battles Court Over How Statutes
Should Be Construed
August 11,
2003
Report
Card from the U.S. Supreme Court:
How The Third Circuit And Pennsylvania's
Other Courts Fared In The October
2002 Term
July 14, 2003
U.S.
Supreme Court Vacancies On The
Horizon; What To Expect This Summer
If One Or Two Vacancies Arise
On The Court
June 9, 2003
'Conscience'
Is No Cause for Judges to Flout
Laws
June 1, 2003
Wisconsin's
Voters Show That They Prefer The
"Stealth" Candidate
For Judicial Office
May 12, 2003
When
Considering A Split Of The Ninth
Circuit, The Question Is Not Whether
But How
April 14,
2003
Journey
Into The Unknown: What’s
A Federal Court To Do When Forced
To Predict How A State's Highest
Court Will Decide An Unresolved
Question Of State Law
March 10,
2003
Appellate
Court Web Sites: Some Are Excellent,
But Many Others Could Easily Be
Improved
Feb 10, 2003
In
2002, Small But Important Gains
Were Achieved In The Battle To
Abolish Non-Precedential Federal
Appellate Opinions
January 13,
2003
2002
Activist
U.S. Court of Appeals Judges:
Myth or Reality?
December 9,
2002
Which
Federal Appellate Court -- The
Third Or The Sixth Circuit --
Reached The Correct Result Concerning
Whether The INS Should Be Able
To Close Terror-Related Deportation
Proceedings To The Press And Public
November 11,
2002
2002
Third Circuit En Banc Round-Up:
Full Court To Examine Monopoly
Maintenance Claim And Effect Of
Settlement With Named Plaintiff
Before A Class Action Is Certified
October 14,
2002
Privately-Sponsored
Educational Junkets For Federal
Judges -- Should They Be A Cause
For Concern?
September
9, 2002
Your
Third Circuit Appeal, From Start
To Finish, In Ten Easy Steps
August 12,
2002
Report
Card from the U.S. Supreme Court:
How the Third Circuit and Pa.
Supreme Court Fared in the October
Term, 2001
July 8, 2002
Freeing
The Speech Of Candidates For Elected
Judicial Office
June 11, 2002
Technology
And Appellate Litigation: What,
If Anything, Has Changed?
May 13, 2002
December
2002 Brings Significant Changes
To The Federal Rules Of Appellate
Procedure
April 8, 2002
Three
Leading Candidates For Rehearing
En Banc In The 3d Circuit
March 11,
2002
A
Concise Guide To Writing Better
Appellate Briefs
February 11,
2002
2002
Brings New Developments In Controversy
Over the Precedential Status of
Unpublished Appellate Opinions
January 14,
2002
2001
Third
Circuit Task Force Properly Condemns
Use of Auctions to Select Lead
Class Action Counsel
December 10,
2001
How
to Win (or Not Lose) Your Appeal
at Oral Argument
November 12,
2001
Remarks
of Howard J. Bashman at Portrait
Presentation Honoring Third Circuit
Judge William D. Hutchinson at
a Ceremonial En Banc Sitting of
the U.S. Court of Appeals for
the Third Circuit
November 2,
2001
2001
Third Circuit En Banc Round-Up:
The Court Grapples With Guns,
Drugs And The Death Penalty
October 8,
2001
Pennsylvania
Should Keep, But Reform, Its System
Of Electing Appellate Judges
September
10, 2001
Punitive
Damages: Must State Courts Provide
De Novo Review on Appeal?
August 13,
2001
Recent
Third Circuit Ruling Will Subject
Many Pennsylvania Common-Law Arbitration
Awards To Increased Federal Court
Scrutiny
Jul 16, 2001
Report
Card from the U.S. Supreme Court:
How the Third Circuit and Pa.
Appellate Courts Fared in the
October Term, 2000
July 9, 2001
Resources
Abound on the Internet for Appellate
Advocates
June 11, 2001
Ten
Tips for Excellence in Appellate
Advocacy
May 14, 2001
Recused
Federal Appellate Judges Should
Not Be Counted As Voting Against
Petitions For Rehearing En Banc
April 9, 2001
Questioning
the Constitutionality of Recess
Appointments to the Federal Judiciary
March 12,
2001
A
Closer Look: The Recusal Policies
of Local Appellate Judges
February 12,
2001
In
Defense of the Third Circuit's
Use of Judgment Orders
January 8,
2001
The
Unconstitutionality of Non-Precedential
Appellate Rulings
Monday, December 11, 2000
