P&I challenge to out-of-state tuition?

[Jeffrey T. Renz]

This is an interesting question, as one of our former (non-resident)
students, along with some other U MT graduates, sued to seek a refund of
their excess tuition.  Their case has an additional twist:  In order to
become a Montana resident, you must not take more than six credits of
classes during the period you establish your residency.  It doesn' t
matter if you pay state taxes, have a local job, obtain a MT license, or
license your auto with MT plates.

William Lasser wrote:

> This question came up in my undergraduate con law class today.  Sorry
> if
> it's been covered before.
>
> After Saenz v. Roe, is it possible or likely that the courts will
> entertain
> a privilege and immunities-based challenge to the disparity in tuition
>
> rates charged to in- vs. out-of-state students?  In many states (South
>
> Carolina among them), students must reside in the state for 12 months,
> as
> well as fulfilling other requirements, before they qualify for
> in-state
> tuition.  Aren't they in the same position as the welfare recipients
> in Saenz?
>
> Looking forward to your thoughts,
>
> Bill
>
> William Lasser
> Dept. of Political Science
> Clemson University
> Clemson, SC  29634-1509
> 864-656-3246



--
Jeffrey T. Renz
School of Law
The University of Montana
Missoula, Montana  59812
406-243-5127
406-243-2576(f)