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ERICKSON v. BOARD OF GOVERNORS FOR N.E. ILL. UNIV.

No. 98-3614.

207 F.3d 945 (2000)

Melinda ERICKSON, Plaintiff-Appellee, United States of America, Intervenor, v. BOARD OF GOVERNORS OF STATE COLLEGES AND UNIVERSITIES FOR NORTHEASTERN ILLINOIS UNIVERSITY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 2000.

Attorney(s) appearing for the Case

Terrance A. Norton (argued), Chicago-Kent College of Law, Chicago, IL, for Plaintiff-Appellee.

Christian M. Poland, Ross & Hardies, Chicago, IL, Mark T. Dunn (argued), Dunn, Stanczak & Willard, Bloomington, IL, for Defendant-Appellant.

Seth M. Galanter, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Intervenor-Appellee.

Before ESCHBACH, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

We must decide whether Title I of the Americans with Disabilities Act, 42 U.S.C. §§ 12111-17, is an exercise of power under § 5 of the Fourteenth Amendment, which confers authority "to enforce, by appropriate legislation, the provisions of this article." Defendant in this suit is an arm of Illinois and therefore one of the United States for purposes of the Eleventh Amendment. Congress...

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