36 Int'l L. 49 (2002)
Diligence Due in the Era of Globalized Terrorism

handle is hein.journals/intlyr36 and id is 65 raw text is: The Diligence Due in the Era of Globalized
Terrorism
THE HONORABLE JOE KENDALL,* PAMELA 0. BARRON,** AND MARK H. ALLENBAUGH***
I. Introduction: The Two Sides of Globalization
We must all bang together, or assuredly we shall all hang separately.
-Benjamin Franklin'
[Aifter America was attacked, ... [w]e were reminded that we are citizens, with obligations to each
other, to our country, and to history. We began to think less of the goods we can accumulate, and more
about the good we can do.
-President George W Bush2
Globalization and terrorism are perhaps the most politically charged terms in public
discourse today. Generally speaking, globalization and terrorism, respectively, represent the
ideologically opposite goals of peaceful cooperation and violent alienation. Globalization
refers to the observation that in recent years a quickly rising share of economic activity in
the world seems to be taking place between people who live in different countries (rather
than in the same country).3 According to the World Bank, Globalization can be sum-
*Commissioner, United States Sentencing Commission. Partner, Provost Umphrey, Dallas, Texas. Former
United States District Judge for the Northern District of Texas (1992-2 002). Judge Kendall currently serves
as a Commission liason to Congress on terrorism issues.
**Deputy General Counsel, United States Sentencing Commission. Ms. Barron currently serves as Chair of
the Commission's Terrorism Team and is past Chair of the Commission's Nuclear, Biological and Chemical
Weapons Team. Ms. Barron is a former Special Assistant United States Attorney in the Eastern District of
Virginia.
-Associate, Montedonico, Belcuore & Tazzara, P.C., Washington, D.C; Adjunct Professor, George Wash-
ington University Department of Philosophy. Prior to entering private practice, Mr. Allenbaugh served as a
Staff Attorney in the Office of General Counsel for the United States Sentencing Commission where he was
assigned to the Commission's Economic Crimes Policy Team and Terrorism Team.
1. JOHN BAsmrr, FAmILIAR QUOTATIONS 310 (16th ed. 1992) (remark made toJohn Hancock at the signing
of the Declaration of Independence, July 4, 1776).
2. George W. Bush, President of the United States of America, The President's State of the Union Address,
Washington, D.C. (Jan. 29, 2002), available at http://www.whitehouse.gov/news/releases/2002/01/print/
20020129-1 1.html.
3. THE WORLD BANK GROUP, AsSESSING GLOBALIZATION, available at http://www.worldbank.org/eco
nomicpolicy/globalization/agO .hul.

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