Friday, December 10, 2004

More Post-Lane Case Law

New on Westlaw, though not so new in fact, is a decision from the Western District of Texas holding that Title II does not validly abrogate state sovereign immunity in a case involving a bar applicant's request for extra time on the bar exam. Lane is distinguished because there is no fundamental right to sit for the bar. The case is Simmang v. Texas Board of Law Examiners, 2004 WL 2108240 (W.D. Tex. Sept. 15, 2004), and it shows why it was a good thing the Supreme Court considered Title II's constitutionality in Lane rather than Hason.


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