Noticing Crisis

36 Pages Posted: 24 May 2011

Date Written: May 23, 2011

Abstract

This paper contends that the Supreme Court has systematically used the doctrine of judicial notice to portray the nation’s schools as rife with crisis. Ignoring the record before it, the Court has relied on the "crisis" it has manufactured to curtail students’ Fourth Amendment rights. Critiquing this practice and likening it to the Court’s invocation of "emergency" in the context of war and natural disaster, this paper concludes that the Court ought to be held more accountable for the "facts" that it judicially notices.

Suggested Citation

de Ganon, Pieter S., Noticing Crisis (May 23, 2011). New York University Law Review, Vol. 86, No. 2, 2011, Available at SSRN: https://ssrn.com/abstract=1850683

Pieter S. De Ganon (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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