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[Professor Christina Duffy Burnett is Associate Professor of Law, Columbia University] My article in the latest issue of the Virginia Journal of International Law forms part of a larger project in which my goal is to tell a different kind of constitutional history of empire. Rather than focus on the question that has long occupied constitutional historians of U.S. imperialism—whether the...

The persecution continues:Italian Foreign Minister Franco Frattini said Monday the government would press ahead with plans to fingerprint ethnic Roma, including children - a move branded as discriminatory by European Union officials. Frattini - the EU's top justice official before he joined Prime Minister Silvio Berlusconi's cabinet - was commenting on remarks made Sunday by Interior Minister Roberto Maroni, who...

The Virginia Journal of International Law will continue its partnership with Opinio Juris this week with an online symposium featuring three articles recently published in VJIL Vol. 48-4, available here. Our discussion on Tuesday will focus on the constitutional history of American empire at the turn of the twentieth century. In her article, “They say I am not an American…”: The...

This report suggests that this question will soon be considered by the awkwardly named Extraordinary Chambers in the Courts of Cambodia. The question arises in one of the ECCC's first cases where the defendant was allegedly given a royal pardon from an earlier domestic conviction for genocide. On the face of it, this doesn't seem a hard question...

I recently blogged about Trial Chamber I's stunning decision to stay Thomas Lubanga Dyilo's trial because of the Prosecutor's failure to disclose exculpatory evidence to the defense. The Court held a hearing on the 24th to determine whether, in light of its decision, Lubanga should be released. It has yet to reach a conclusion — but if the...

The NY Times Week in Review has an article written by Graham Bowley on the effect of recent attacks by Movement for the Emancipation of the Niger Delta (MEND) on Nigeria’s oil infrastructure and the effects of these attacks on world oil prices. The piece begins:When armed rebels from the Movement for the Emancipation of the Niger Delta attacked...

Nick Kristof asks the right questions about the lack of outrage against Robert Mugabe among the leaders of African states and discusses what may be the best solution to the horrors that have gripped Zimbabwe over these past months: Africa’s rulers often complain, with justice, that the West’s perceptions of the continent are disproportionately shaped by buffoons and tyrants rather than...

As this WaPo article points out, the U.S. military base in Bagram, Afghanistan is likely to be the next source of litigation from detainees seeking to challenge their detention in U.S. courts. Of course, Boumediene doesn't make it clear that the writ extends to Guantanamo, but it does not rule out extending the Writ there either. That is part of...

This sounds complicated but important: The United States and the European Union are nearing completion of an agreement allowing law enforcement and security agencies to obtain private information — like credit card transactions, travel histories and Internet browsing habits — about people on the other side of the Atlantic Ocean. Most of the problems in reaching an agreement have been on the...