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SelectedWorks

Diane Webber

Comparative Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Can We Find And Stop The "Jihad Janes"?, Diane Webber Jan 2011

Can We Find And Stop The "Jihad Janes"?, Diane Webber

Diane Webber

Two female American citizens, Colleen LaRose, a.k.a. “Jihad Jane” and Jamie Paulin-Ramirez, whose appearance and passports allow them to blend into Western society, currently represent “one of the worst fears” of intelligence and FBI analysts who work to identify terrorist threats. On both sides of the Atlantic, similar problems exist of homegrown terrorism and radicalization, and the internet has a huge impact on these issues. This paper examines the tools available to the U.S. and the U.K. to find and stop potential homegrown terrorists from perpetrating catastrophic acts of terror. After assessing the differences between U.S. and U.K. law, I …


Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber Nov 2010

Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber

Diane Webber

The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …


The Case Of Binyam Mohamed: National Security Or National Embarrassment?, Diane Webber Oct 2009

The Case Of Binyam Mohamed: National Security Or National Embarrassment?, Diane Webber

Diane Webber

This paper reviews the case of Binyam Mohamed, a British resident and former Guantanamo detainee. Mohamed’s case generated litigation in four different places: 1) proceedings in the military commissions court in Guantanamo Bay to try him under terrorist charges; 2) federal proceedings under an application for habeas corpus in the US District Court in Washington D.C.; 3) an application in the High Court in London where Mohamed’s lawyers sought disclosure of exculpatory material that the US had refused to provide to his US attorneys; and 4) a civilian litigation action under the Alien Tort Statute action in California in which …