I am very stunned by Judge Posner and his fellow collegue's harsh words on Diploma Privilege. Compare to what J Michael Jakes received from the supreme court justices in the Bliski v. Kappos case, if that was a cold shoulder, then Wisconsin just received a vote of no confidence. Further, i am very concerned that even members of wisconsin bar are very skeptical about the diploma privilege as well and suggests possible abolition of said privilege.
To complicate the matter, Federal District Judge Barbara Crabb has just decertified the case from a class action suit so that even if Chris Wiesmueller loses the case, others can continue to challenge it. see --LinkRemoved--.
And i am pretty sure Chris Wiesmueller initiate the suit not to extend the privilege to all, rather to abolish it for all.
In response to out of state student getting residence status, wisconsin statue 36.27(2) (cm) states:
Any person continuously employed full time in this state, who was relocated to this state by his or her current employer or who moved to this state for employment purposes and accepted his or her current employment before applying for admission to an institution and before moving, and the spouse and dependents of any such person, are entitled to the exemption under par. (a) if the student demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under par. (e). In this paragraph, "dependents" has the meaning given in 26 USC 152(a).
According to this, if you were already working at the time of applying to Wisconsin and transfers to Wisconsin while maintaining this employment, then you would be granted residency status for tuition purpose without waiting for 12 month.
I am currently a VA resident and on my application, i stated that if admitted, i will ask for a transfer to Wisconsin while working for my current employer. So far, my Wisconsin online status shows that i am classified as a resident, for tuition purpose. Of course, i think this is only provisional and it would've been for nothing if i am to be rejected by Wisconsin. Even if i am admitted, i am going to have to visit and make sure this is seal in stone.
If anyone is interested, i'll keep them updated.
Other than that, keep a gazing eye on the law suit.