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Selected Works

Dr Nicole Rogers

2010

Articles 1 - 5 of 5

Full-Text Articles in Law

Wimmenspeak On Midwifery Lore, Nicole Rogers Dec 2010

Wimmenspeak On Midwifery Lore, Nicole Rogers

Dr Nicole Rogers

The author argues the recent legislative banning of lay midwives in the State of New South Wales, Australia, is another instance of domination of women's bodies which results from a patriarchal society and medical profession.


The Prime Minister As Puppet: Taking Howard To The High Court, Nicole Rogers Dec 2010

The Prime Minister As Puppet: Taking Howard To The High Court, Nicole Rogers

Dr Nicole Rogers

The author examines a constitutional oddity, the common informer suit. This mechanism allows a member of the public the opportunity to challenge the right of a Member of Parliament to continue to sit in the event that he or she meets one of the grounds for disqualification in section 44 of the Australian Constitution. The author evaluates the use of the common informer suit as a means by which any person can mount a challenge in the High Court against the Prime Minister, John Howard. The relevant ground for disqualification is the second limb of section 44(i), which disqualifies Members …


Activism And The Academy, Nicole Rogers Dec 2010

Activism And The Academy, Nicole Rogers

Dr Nicole Rogers

How the legal academy can support and accommodate activism - North East Forest Alliance (NEFA) - Chaelundi Free State - teaching about activism.


The Playfulness Of Constitutional Law, Nicole Rogers Jul 2010

The Playfulness Of Constitutional Law, Nicole Rogers

Dr Nicole Rogers

Delivered as a conference paper at the Australian Law and Society Conference, December 2004 - intersection between political theatre and law - an unsuccessful attempt by a law student to persuade the High Court to judge the political deeds of the Prime Minister has led to turning the incident into a play - dramatic potential of constitutional law.


Terrorist V Sovereign: Legal Performances In A State Of Exception, Nicole Rogers Jul 2010

Terrorist V Sovereign: Legal Performances In A State Of Exception, Nicole Rogers

Dr Nicole Rogers

In this article, I engage with the work of political theorist Giorgio Agamben and interrogate his proposition that the contemporary Western political environment resembles a state of exception. I analyse the function of performances in which the executive's power to wage war is challenged by activists, in both legal and quasi-theatrical settings, and then consider legal challenges mounted by accused terrorists against the executive. Although the courts approach these two categories of legal contest quite differently, the outcome of such challenges supports Agamben's thesis; at best, the courts are prepared to adopt a formalistic and procedural approach in considering the …