Notable Briefs

Joseph R. Reisert jrreiser at COLBY.EDU
Mon Sep 23 12:38:23 PDT 2002


A student stumped me with the following question, so I am asking the
collective wisdom of the list for help:  Why does a state university
not violate the privileges and immunities clause (of Art IV §2) when
it charges out-of-state residents higher tuition than it charges
in-state residents?   A quick search of Lexis turned up a number of
cases relating to the procedures state universities may use to
determine who counts as a bona fide resident, but in the few cases I
looked at, the constitutionality of the underlying discrimination was
assumed, but there was no cite to an authoritative case, nor
explanation.

Thanks



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