Abstract

http://ssrn.com/abstract=1398442
 


 



North Carolina's Durational Residency Requirement for In-State Tuition: Violating the Constitution's Inherent Right to Travel


William S. Eubanks II


Meyer Glitzenstein & Crystal; Vermont Law School; George Washington University - Law School; American University - Washington College of Law

February 19, 2010

Charlotte Law Review, Vol. 1, p. 199, 2009

Abstract:     
North Carolina's current residency requirement mandates that a student establish legal domicile and subsequently satisfy a twelve-month waiting period before being recognized as a resident for in-state tuition purposes. This Article first provides background information detailing the history of North Carolina’s durational residency requirement for university tuition. Next, the Article analyzes Supreme Court jurisprudence in the context of durational residency requirements as they relate to the fundamental right to travel and to the privileges and immunities afforded to American citizens by the Constitution. The Article then utilizes this framework to analyze the UNC system-wide tuition policy to determine its constitutionality. The Article concludes by offering an alternative approach whereby the state of North Carolina can structure its residency requirement for tuition to meet its objectives without infringing on the constitutional rights of a subset of its university students.

Number of Pages in PDF File: 24

Keywords: Constitution, right to travel, fundamental right, durational residency requirement, in-state tuition, resident tuition, North Carolina, university system, educational benefits, nonresident

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Date posted: May 8, 2009 ; Last revised: February 24, 2010

Suggested Citation

Eubanks, William S., North Carolina's Durational Residency Requirement for In-State Tuition: Violating the Constitution's Inherent Right to Travel (February 19, 2010). Charlotte Law Review, Vol. 1, p. 199, 2009. Available at SSRN: http://ssrn.com/abstract=1398442

Contact Information

William S. Eubanks II (Contact Author)
Meyer Glitzenstein & Crystal ( email )
1601 Connecticut Ave., N.W.
Suite 700
Washington, DC 20009-1056
United States
Vermont Law School
South Royalton, VT 05068
United States

George Washington University - Law School ( email )
Washington, DC 20052
United States

American University - Washington College of Law ( email )
Washington, DC 20016
United States
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