· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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