Howard J. Bashman's appellate columns, etc.
An archive of Howard J. Bashman's monthly columns about appellate litigation, with other of his writings thrown in for good measureMonday, January 30, 2006
By Howard J. Bashman
Monday, January 30, 2006
As many have learned to their great dismay, anonymity over the Internet is much more difficult to attain than it appears. Even the author of the "Underneath Their Robes" Web log, before he was voluntarily unmasked in The New Yorker, had unwittingly revealed his true identity to "some tech–savvy readers," according to a recent profile of the site's author, David B. Lat, in The New York Times.
[The remainder of this essay can be accessed online here at law.com.]
Monday, January 23, 2006
By Howard J. Bashman
Monday, January 23, 2006
If hard cases make bad law, perhaps it follows that unusual cases produce bizarre results. Proof of that can be seen in a recent ruling of an 11–judge en banc panel of the 9th U.S. Circuit Court of Appeals involving Yahoo's battle against French groups that oppose the sale of Nazi memorabilia.
[The remainder of this essay can be accessed online here at law.com.]
Tuesday, January 17, 2006
By Howard J. Bashman
Tuesday, January 17, 2006
When Justice Sandra Day O'Connor finally retires from serving on the U.S. Supreme Court, the high court's center of gravity unquestionably will shift. And some other justice will become the Court's swinger -- that is, the key swing vote.
[The remainder of this essay can be accessed online here at law.com.]
Tuesday, January 10, 2006
By Howard J. Bashman
Tuesday, January 10, 2006
A former chief judge of the 3rd U.S. Circuit Court of Appeals once said that the White House has kept trying to appoint ideologues to serve on that court, but after being confirmed those judges have consistently defied such expectations. That former chief judge could have been speaking specifically about Judge Samuel A. Alito Jr.
[The remainder of this essay can be accessed online here at law.com.]
