Phil Carter has an article that just came out discussing the Bush administration's arguments that extralegal measures like special military tribunals are necessary to fight terrorism: Legal Combat Slate 04/04/05. The bottom line:
Nearly 43 months have passed since 9/11, longer than between Pearl Harbor and the German surrender in World War II. The time has come for normal judicial and political institutions to reassert themselves.
If you feel like wading through some legalese, a friend-of-the-court brief which Carter wrote arguing against military tribunals in the case of Hamdan v. Rumsfeld which is currently before the Supreme Court: Brief dated 12/29/04.