Emergency Law

Saskia Hufnagel is a research fellow at the ARC Centre of Excellence in Policing and Security (CEPS) at Griffith University, Brisbane, Australia and Kent Roach is Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law, with cross-appointments in criminology and political science, and a Fellow of the Royal Society of Canada.

• Contents: Introduction; Part I The Evolution of Emergency Law: Schmitt v Dicey: are states of emergency outside the legal order?, David Dyzenhaus; One law for war and peace? Judicial review and emergency powers between the norm and the exception, Ian Zuckerman; The law of the exception: a typology of emergency powers, John Ferejohn and Pasquale Pasquino. Part II Emergency Law and the Interaction with Military Law: Defending Korematsu?: reflections on civil liberties in wartime, Mark Tushnet; North American emergencies: the use of emergency powers in Canada and the United States, Kim Lane Scheppele; While the government fiddled around, the Big Easy drowned: how the Posse Comitatus Act became the government's alibi for the Hurricane Katrina disaster, Candidus Dougherty; The military call-out legislation, Michael Head. Part III Emergency Law and Disaster Response: Mother Nature versus human nature: public compliance with evacuation and quarantine, Mary-Elise Manuell and Jeffrey Cukor; Collaboration and leadership for effective emergency management, William L. Waugh Jr and Gregory Streib; The federal response to Hurricane Katrina: a case for repeal of the Posse Comitatus Act or a case for learning the law?, Joshua M. Samek. Part IV Emergency Powers and the 'War on Terror': Emergency powers and the rule of law after 9/11, William E. Scheuermann; The emergency constitution, Bruce Ackerman; Constitutional norms in a state of permanent emergency, Sanford Levinson; Balancing security and liberty: critical perspectives on terrorism law reform, Simon Bronitt; German perspectives on the right to life and human dignity in 'the war on terror', Saskia Hufnagel. Part V All Risk Emergency Regulation or Case Specific Regulation: Governance of the critical national infrastructure, Clive Walker; September 11: consequences for Canada, Kent Roach; Extract fromTerrorism: supply and demand, Philip Bobbitt; Conclusion; Name index.