The following is an archive of Howard J. Bashman's monthly columns about appellate litigation.



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The Pennsylvania Superior Court's Policy Of Prohibiting Citation To Unpublished Opinions May Not Be Unconstitutional, But That Policy Nevertheless Should Be Abandoned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



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In 2002, Small But Important Gains Were Achieved In The Battle To Abolish Non-Precedential Federal Appellate Opinions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



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



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






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