Ross J. Corbett (Northern Illinois University) has posted Crisis and Law on SSRN. Here is the abstract:
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Scholars who argue for an extralegal prerogative power make two related but distinct claims. One is that it is impossible to handle some crises according to the rule of law. The other is that it is better if we do not attempt to handle crises by law but instead choose to leave them to an extralegal prerogative. The first of these relies upon a peculiarly narrow understanding of law. The second is impractical, yet the arguments its supporters advance against accommodationism are sound. A full alternative or supplement to extralegalism has not been adequately theorized but begins to come to light when the arguments in favor of both versions of the extralegalist thesis are examined.