[StBernard] In Case You Missed It - Law Professor Says Breaux's Citizenship Dispute May Result in a Class Action Suit

[Westley Annis]

April 4, 2007                                                           

In Case You Missed It 
Law Professor Says Breaux's Citizenship Dispute May Result in a Class Action
Suit

"If Attorney General Charles Foti issues a legal opinion defining the term
'citizen' such that John Breaux appears qualified to run for governor, the
state universities should brace for federal class-action lawsuits by
out-of-state students claiming to be new Louisiana 'citizens,' entitled to
in-state tuition.

Students from other states would first do what Breaux should do: (1)
register to vote; 2) obtain a Louisiana driver's license; 3) license one's
automobile in Louisiana; 4) move most of one's personal property to a
Louisiana address where they live; and 5) file a Louisiana tax form. It
would also be advisable to file a notarial act stating one's intent to be
domiciled at one's Louisiana address and to claim a homestead exemption if
one owns his or her Louisiana residence.  

Currently, out-of-state students can do all of these things and still not
qualify for in-state tuition. LSU, for example, requires students to "have
had their domicile in the state of Louisiana for at least one full year (365
days) immediately preceding the first day of classes" (emphasis added). As
discussed in a previous piece in this paper ('Breaux candidacy would face
formidable legal barrier, March 18), Breaux does not meet the "domicile'
requirement, which is also the basis for determining citizenship. Thus, even
if Breaux switches his citizenship back to Louisiana immediately, his
dependents would not qualify for in-state tuition at LSU for a year."

This an except of an article that was published in the Shreveport Times
today, to read the full article please click on the link -
http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070404/OPINION01
06/704040310/1058/ADVERTISING