INTRODUCTION :: Professor Dinh raises the right issue highlighted by the 9/11 Commission: what should be the post-Cold War organizing principle for the global order? Historians may well consider the period between 1989 and 2001 a confused interim, in which it was unclear what would replace the bipolar world. While I agree with Professor Dinh that we now face an altered international landscape rife with transnational problems, the most pressing of which is terrorism, I disagree with his proposition that the solution lies in bolstering patriotism and returning to the primacy of the nation-state. Rather, I contend that these problems beseech us to create additional layers of governance whose jurisdiction will equal the scope of the unmistakably global problems that challenge us. Therefore, I will first outline the basic contours of these new layers of global governance on a practical level. It is then crucial to move to a normative level, within which I will point to the seeds of an emerging global synthesis of values between the East and the West.
Global governance is possible only if there exists a sense of community based on shared values. Therefore, though I agree with Professor Dinh’s diagnosis of the problems, I believe his solution falls far short of what is required if we are truly to end the assault on the safety and moral culture of all the world’s peoples.
March 2015, Vol. 67, No. 2
Albert W. Alschuler, Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow
Alafair S. Burke, Consent Searches and Fourth Amendment Reasonableness
Jeffrey A. Lefstin, Inventive Application: A History
Onnig H. Dombalagian, Principles for Publicness
Kristen M. Blankley, Impact Preemption: A New Theory of Federal Arbitration Act Preemption
Alan Devlin, Antitrust Limits on Targeted Patent Aggregation