that Title VII contained an explicit abrogation of the States’ Eleventh Amendment immunity, we did not consider whether that abrogation was a valid exercise of congressional authority because we held that the defendants had waived that issue by failing to present it sufficiently to the district court. See id. at 717 n. 14. The defendants appealed our rejection of their Eleventh Amendment defense to the United States Supreme Court. On writ of certiorari to the Supreme Court, our original opinion affirming the district court was vacated and remanded, see Illinois St. Univ. v. Varner, — U.S. -, 120 S.Ct. 928, 145 L.Ed.2d 806 (2000), for further consideration in light of the Court’s intervening decision in Kimel v. Florida Bd. of Regents, 528 U.S. 62, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000) (<HOLDING>). After considering the defendants’ assertion
holding that denial of vsf benefits to disabled retirees does not violate the ada the rehabilitation act 29 usc  791 et seq or the age discrimination in employment act of 1967 29 usc  621 et seq and that plaintiffs due process and first amendment claims were frivolous holding that the age discrimination in employment act adea 29 usc  621 et seq was not a valid abrogation of the states sovereign immunity holding that the age discrimination in employment act was not preempted by the nlra holding that prejudgment interest ordinarily should be awarded on damages pursuant to claims under the copyright act of 1909 17 usc  1 et seq 1976 ed superceded by the copyright act of 1976 17 usc  101 et seq holding that an employers violation of the age discrimination in employment act 29 usc  62134 2000 the adea should be considered willful if the employer knew or showed reckless disregard for the matter of whether its conduct was prohibited by the adea