Actually, I have already posted this article written in Thai version in my Thai webblog. However, I decide to post it in English version again. The reason why I would like to post it in here because I hope that some americans might coincidentally read my blog and they might rethink what I will declare my concern about so-called "AMERICAN EGO."
Frankly, I felt disappointed with some Juris Doctor students who declared their wills and their arrogance. There is nothing wrong to be proud off their nationality or citizenship, but there is nothing respectful to be very an overbearing pride either. Maybe, law school should present them and implant them about the consideration, meaing that how to appropriately present their high regard or self-esteem, rather than merely instruct them relating to the legal concept.
Last week, on February 17, 2006, while attending in Cyberspace law class, Professor Dr. Smith and law students - both J.D. and International Students - discussed about the personal jurisdiction topic. We studied the civil lawsuit under trademark law extending to the internet and domain name between CNN, plaintiff, and cnnews.com, defendant. The issue in this case is whether the plaintiff could file the lawsuit in the United States based on an in rem Personal Jurisdiction theory because the defendant had availed itself in the United States by registering its domain, cnnews.com, with NSI located in Virginia State.
Most of the international students disagreed with the court decision that the court can exercise the authority to consider this case because the facts were obvious that the defendant ran its business, the cable news broadcasting, merely in China, and there was no any business relating to the United States territory. The court should have not extend its authority over other country sovereignty. In addition, under the Due Process clause, the Act that extends the trademark law on internet adopting an in rem Personal Jurisdiction should be uphold unconstitutional because this law was inconsistent with the constitutional due process of law law - the minimum contact doctrine, which the defendant must avail himself and must be anticipate that he will be sued in the States.
However, most J.D. students present their arrogance. They said that the internet has been develop by the American intelligence; if anyone from other world would like to employ this resource and intelligence must comply with American law. "Unless you can develop it by yourself, don't complain," they said something the like.
It is preposterous to say such nonesense statement. We can analyze based on such argument that the law, conforming to those J.D. students' idea, will depend on the needs of the man of means or the political power. That is not the desirable law at all. Under an international law, every state is equal, regardless its size or its financial status. The law does not pay more respect to the rich countries than the poor ones. In addition, it is virtually impossible that one country can stay alone with the champion of other countries.
Presently, America is subjected an abhor feeling from the people all over the world. Maybe, it is due to the same reason as what I had subjected to last week. Most of the United States political policies, particular the international affair, render more disgusting to other countries. Invading other countries based on the in ternational humanity rational, without any approval of the UN resolution, is the normal event that the United States always conducts. Of course, such conduct is absolutely and unquestionably illegal on the basis of international law which prohibits use of force. The United States has no reason to assert the use of force such as the self-defense or any support of the United National resolution. However, the United Nation cannot do anything with this legal issue.
In my point of view, American society should reconstruction their concepts about the world community and the way of life. All persons were born equal in their dignity; no person likes any arrogance behavior. Being cosiderate persons might be much more beneficial for everyone in our world. Americans, who are not the political elites, I am positive, need the peace, don't they? American law school might be in the proper position to implant them about those ideas. They cannot live alone without any respect from others; money and intelligence cannot facilitate them to get real happiness!
Frankly, I felt disappointed with some Juris Doctor students who declared their wills and their arrogance. There is nothing wrong to be proud off their nationality or citizenship, but there is nothing respectful to be very an overbearing pride either. Maybe, law school should present them and implant them about the consideration, meaing that how to appropriately present their high regard or self-esteem, rather than merely instruct them relating to the legal concept.
Last week, on February 17, 2006, while attending in Cyberspace law class, Professor Dr. Smith and law students - both J.D. and International Students - discussed about the personal jurisdiction topic. We studied the civil lawsuit under trademark law extending to the internet and domain name between CNN, plaintiff, and cnnews.com, defendant. The issue in this case is whether the plaintiff could file the lawsuit in the United States based on an in rem Personal Jurisdiction theory because the defendant had availed itself in the United States by registering its domain, cnnews.com, with NSI located in Virginia State.
Most of the international students disagreed with the court decision that the court can exercise the authority to consider this case because the facts were obvious that the defendant ran its business, the cable news broadcasting, merely in China, and there was no any business relating to the United States territory. The court should have not extend its authority over other country sovereignty. In addition, under the Due Process clause, the Act that extends the trademark law on internet adopting an in rem Personal Jurisdiction should be uphold unconstitutional because this law was inconsistent with the constitutional due process of law law - the minimum contact doctrine, which the defendant must avail himself and must be anticipate that he will be sued in the States.
However, most J.D. students present their arrogance. They said that the internet has been develop by the American intelligence; if anyone from other world would like to employ this resource and intelligence must comply with American law. "Unless you can develop it by yourself, don't complain," they said something the like.
It is preposterous to say such nonesense statement. We can analyze based on such argument that the law, conforming to those J.D. students' idea, will depend on the needs of the man of means or the political power. That is not the desirable law at all. Under an international law, every state is equal, regardless its size or its financial status. The law does not pay more respect to the rich countries than the poor ones. In addition, it is virtually impossible that one country can stay alone with the champion of other countries.
Presently, America is subjected an abhor feeling from the people all over the world. Maybe, it is due to the same reason as what I had subjected to last week. Most of the United States political policies, particular the international affair, render more disgusting to other countries. Invading other countries based on the in ternational humanity rational, without any approval of the UN resolution, is the normal event that the United States always conducts. Of course, such conduct is absolutely and unquestionably illegal on the basis of international law which prohibits use of force. The United States has no reason to assert the use of force such as the self-defense or any support of the United National resolution. However, the United Nation cannot do anything with this legal issue.
In my point of view, American society should reconstruction their concepts about the world community and the way of life. All persons were born equal in their dignity; no person likes any arrogance behavior. Being cosiderate persons might be much more beneficial for everyone in our world. Americans, who are not the political elites, I am positive, need the peace, don't they? American law school might be in the proper position to implant them about those ideas. They cannot live alone without any respect from others; money and intelligence cannot facilitate them to get real happiness!
2 comments:
ผมว่าสีใน blog นี้อ่านง่ายกว่าเยอะเลยพี่ อิอิ
ไว้จะเข้ามาติดตามบ่อยๆนะครับ ได้ฝึกฝนภาษาอังกฤาของผมด้วย อิอิ
I totally agree with you in this point. I experienced it myself too.
It's very hard to change them though. It's been this way for centuries and they never really realize the equality of persons.
Kate
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