The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Thursday, October 22, 2015
For Thursdays Class: Saenz v. Roe
I will ask you all to apply Saenz v. Roe (p. 924) and the P&I Clause of the 14th to non-resident tuition at state universities. Suppose, for example, a student, (let's call him Jack Bauer) moves to Nebraska from, say, California, to attend law school. The student wishes to become a citizen of Nebraska, and in furtherance of this wish, he registers his car in Nebraska, enrolls his children in the Lincoln public schools, registers to vote in Nebraska, joins a church in Nebraska, purchases a home (and pays property taxes on his home) in Nebraska, and pays "resident" income taxes to Nebraska. Yet, despite all this, UNL insists that he is a nonresident and charges him nonresident tuition (while allowing "resident" illegal aliens to pay in-state tuition). What are Jack's rights under the P&I Clause and Saenz v. Roe?
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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