Suspension of Law during Crisis
ROSS J. CORBETT analyzes the claim that the response to some emergencies requires a departure from the law. He notes that this claim rests on a particular view of what the law is and is best understood as an argument that emergencies ought to be handled extra-legally. He argues that interrogating this extra-legalist claim reveals another strategy for controlling executive discretion while permitting enough flexibility to preserve the public good.
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PERSPECTIVES ON PRESIDENTIAL ELECTIONS, 1992–2020
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