In the past the durational residence requirement has been subject to constitutional challenge under the equal protection clause of the fourteenth amendment. When coupled with an irrebuttable statutory presumption of non-residency as in Vlandis v. Kline, the durational residence requirement displays a further fourteenth amendment vulnerability-the contravention of procedural due process.
Constitutional Law- Rebuttable Statutory Presumption Of Student Non-Residency Held Violative Of Due Process Clause of Fourteenth Amendment,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol8/iss2/13