This article is spread over three parts which will be published over the course of three days for ease of consideration. Comments will only be allowed on the third part. Readers are encouraged to keep an open mind on the articles until its conclusion. . . . . . . . . . . . […]
Posted inSelected Judgments
McDonald’s v McCurry
The Federal Court handed McDonald’s a loss in finding that the use of the “Mc” prefix by McCurry Restaurant did not amount to passing off of the McDonald’s trade name and get-up.
Posted inJudging the Judges
The Damning Lack of Dissent
The local judiciary is notorious for its lack of dissent. An examination of why a culture of dissent is important for the judiciary and the implications of lacking such a culture.
Posted inBolehland
Anwar Ibrahim and the Charge of Sodomy: The Sequel
Bolehwood productions in the late 1990’s launched its grand drama known as ‘Anwar Ibrahim and the Charge of Sodomy’, which failed spectacularly in the media, society and courtrooms. A pre-launch review explains why Bolehwood’s sequel has all the trappings of an equally spectacular failure.
Posted inTalking about Lawyers
Akhirnya Januari
Sebulan bersama seorang peguam / aktivis / penulis belog dengan gayanya di SUHAKAM, membuat laporan polis dan dijadiklan subjek laporan polis, dan pasal siswa-siswa itu lah..
Posted inTalking about Lawyers
Love Justice: Moving the Call of Joanne Leong Pooi Yaen
On 21 August 2009, I had the privilege of delivering this speech on the occasion of Ms. Joanne Leong Pooi Yaen’s call to the Bar before Justice Tuan Mohamad Ariff bin Md. Yusof.
Posted inBolehland
Interfaith dialogue schmialogue
I have seen firsthand what “dialogue” means to some – you do not talk, you only talk on our terms, you listen to us and don’t talk, and if you are allowed to talk, you can only say what we want to hear.
Posted inPray For Me
French burqa ban will harden hearts
By preventing wearers of the niqab from accessing a range of critical public services, I have little doubt that this ban will serve to harden the views of those in favour of the niqab and further the notion that the West and secularism are anti-Islam.
Posted inJudging the Judges
Adorna reversal: Selective Justice by the Federal Court?
An incisive look at the ethical dynamics behind the recent Federal Court decision of Tan Ying Hong v Tan Sian San and Ors.
Posted inSelected Judgments
Book Ban Decision No. 1 – SIS
The grounds of decision of Ariff Yusof J in the SIS book banning case.
Posted inSelected Judgments
‘Saya Nak You’: Judicially Defined
The Malaysian High Court in Bakri Mohamad Ali v PP [2010] 1 CLJ 610 has finally judicially defined and explained a phrase that has vexed Malaysians for some time. Let us now rejoice and use it with new found confidence and variations.
Posted inJudging the Judges
Ducking at the Court of Appeal?
Amer Hamzah Arshad (with Fahri Azzat in support) continues LoyarBurok’s well-taken trademark tirade against the practice of Malaysian judges who duck writing judgments on important constitutional law issues.
Posted inLand HO!
Landowners still not fully secure
The recent Federal Court decision has righted an egregious error in the law. But landowners can still be swindled out of their properties.
Posted inTalking about Lawyers
Invictus: Moving the Call of Aston Phillip Paiva
A reproduction of the approximate speech I had the honour of delivering on the occasion of Mr. Aston Phillip Paiva’s call to the Bar on 21 August 2009 before Justice Tuan Mohamad Ariff Bin Md. Yusof.
Posted inTalking about Lawyers
Cogitating the Court Cafeteria
If you thought that court canteens are only a place to eat, drink and buy the newspaper, think again. The court canteen is one of the most exciting place for a litigator. It is not just a place for repast but for learning, friendship and thanks.
Posted inBolehland
Che Det: Mahatir’s Man in the Mirror
Loyarburok is pleased to present to you the winning essay for the Elawyer Blog Writing Contest 2009 organised by www.elawyer.com.my.
Posted inThe Lobby
Semua anak kita; ngapa harus beza?
Saya Anak Bangsa Malaysia Roadshow & Forum Klang Valley.
Saturday, 23 January 2010. 2 pm -7 pm.
KL & Selangor Chinese Assembly Hall.
Posted inSelected Judgments
Can landed property be validly transferred land using a forged instrument?
All eyes will be on the Federal Court this Thursday as it delivers a major decision whether to end nine years of gross injustice caused by the 2000 decision of the Federal Court in Adorna Properties Sdn Bhd v Boonsom Boonyanit (“Adorna Properties”) or to follow and further entrench Adorna Properties in the laws relating to property sales by forgers in this country. It is one case which will be closely watched by property owners and conveyancers both within and without this country.
Posted inBolehland
Nazri’s Offer of a Way Out: A Commentary
A commentary on Nazri’s compromise on the ‘Allah’ issue from a more holistic appreciation of the Abrahamic faiths.
Posted inBolehland
The Thoughts of a Politically Awakening Citizen
A citizen of Malaysia retraces the path of her ongoing political awakening and considers the importance of the Federal Constitution to our lives.