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· 7/8/2003

Robert Malabed v. North Slope Borough, Morris David Welch v. North Slope Borough, Charles Michael Emerson v. North Slope Borough

Citations

  • 335 F.3d 864
  • 2003 Cal. Daily Op. Serv. 5951
  • 2003 U.S. App. LEXIS 13602
  • 84 Empl. Prac. Dec. (CCH) 41,537
  • 92 Fair Empl. Prac. Cas. (BNA) 342

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the preemption provision in the Civil Rights Act of 1964 invalidates state laws that are inconsistent with the Act’s purpose
  • explaining that the preemption provision in the Civil Rights Act of 1964 invalidates state laws that are inconsistent with the Act’s purpose
  • state subdivision's ordinance establishing borough-wide Native American hiring preference, unrelated to tribal lands or any specific federal interest, violates state constitution's equal protection clause
  • state subdivision's ordinance establishing borough-wide Native American hiring preference, unrelated to tribal governance or culture or land, violates state constitution's equal protection clause
  • \ White Mountain balancing test\ does not apply outside of Indian country
  • “The existence of express preference pro- grams created by Congress supports our conclusion . . . . [T]hey show that when Congress wants to authorize or require Native [American] hiring preferences, it knows how to do so.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Browning, Fletcher, Gould

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.