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Appellate Practice

Jul. 1, 2016

Weekly Appellate Report #10: Abortion Rights; Uber and Arbitration

Professor Eileen Boris (UCSB) and Daralyn Durie (Durie Tangri) regard SCOTUS' momentous abortion rights ruling, and Peder Batalden and Felix Shafir (Horvitz & Levy) consider recent oral arguments in class actions against ride-share giant Uber

This week's show considers two compelling and far-reaching cases, one an abortion rights case filed out of the U.S. Supreme Court Monday, and the other, class action appeals weighing significant arbitration issues in employment actions against Uber.

Eileen Boris, a history and feminist studies (among other subjects) professor at UC Santa Barbara will explain the historical roots of laws like House Bill 2, the statute struck down by the Supreme Court Monday. HB2 purported to improve healthcare provided to those seeking abortions, but its provisions bore dubious medical benefit while having the potential to effectively shutter all but a few of Texas' abortion clinics. Professor Boris filed a brief in support of the petitioners in this case, which considered a number of past laws, some dating back to William Blackstone himself, that - like HB2 - had the stated purpose of protecting women but, in fact, did much to harm their equal status.

Daralyn Durie, a partner and co-founder of Durie Tangri, will then visit the show to offer legal analysis to complement Professor Boris' historical insights. Ms. Durie, who also filed an amicus brief in the case, will explain the Court's reasoning, and the pronounced impact its ruling Monday will have.

Then, Peder Batalden and Felix Shafir, both partners with Horvitz & Levy, will join to speak about oral arguments heard in June before the Ninth Circuit in employment matters brought against Uber. These cases raise arbitration issues, the resolutions of which stand to have enormous impact for Uber and other employers in the burgeoning gig economy.

Don't forget to follow the link below to receive one hour of CLE credit for tuning into the Weekly Appellate Report.


Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

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