1 & 241, 105 S.Ct. 3142; College Sav. Bank, — U.S. —, — —, 119 S.Ct. 2219, 2228-29, — L.Ed.2d — (rejecting Parden’s doctrine of constructive consent because it conflicts' with the longstanding requirement that a waiver of a constitutional right must be unequivocally expressed and “altogether voluntary” (quotation marks and citation omitted)). Although this second method of waiver seems to allow looking beyond the text of a state statute or constitution to a state’s conduct in relation to a federal program in order to find a waiver, KSU contends that Edelman and this court’s decision in Johns restrict our analysis to examining only statutory and constitutional text to find a waiver. See Johns, 57 F.3d at 1553 (reading Edelman as requiring that a state may. waiv 407, 1408 (10th Cir.1997) (<HOLDING>). In spite of these holdings, however, this
holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court holding that the new mexico school district and their governing boards are not arms of the state entitled to eleventh amendment immunity holding that state did not waive eleventh amendment immunity by removing case to federal court holding that the nyshrl does not waive the new yorks eleventh amendment immunity to suit in federal court holding that new mexico did not waive eleventh amendment immunity by engaging in activities and entering contracts subject to federal regulation