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Papers by Dr NEVILLE ROCHOW KC

Research paper thumbnail of Performance management in higher education-the Great Divide

Imprint, 2007

Performance management in universities has been introduced increasingly throughout the 1990s as a... more Performance management in universities has been introduced increasingly throughout the 1990s as a response to political ideology, higher education policy, fiscal conditions and the industrial relations environment. Through an examination of Australian ...

Research paper thumbnail of Dignity—Continuation of a Dialogue

Routledge eBooks, Mar 11, 2024

Research paper thumbnail of “. . . Speak Now or Forever Hold Your Peace . . .” —The Influence of Constitutional Argument on Same-Sex Marriage Legislation Debates in Australia

BYU Law Review, 2014

This article seeks to present the position as at March 2013. The writer is indebted to his collea... more This article seeks to present the position as at March 2013. The writer is indebted to his colleague at the South Australian Bar, Christopher Brohier, who made significant contributions to the submissions we made together before parliamentary committees and to legislators. 1. Another potential inhibitor to free speech is anti-discrimination legislation, as exemplified in the now withdrawn federal Human Rights and Anti-Discrimination Bill 2012 currently under committee review. There were fundamental questions as to its constitutional validity and clarity of drafting, as well as its departure from principles in relation to the standard of proof.

Research paper thumbnail of Somnambulating Towards AI Dystopia?

Research paper thumbnail of Immortal Beings Without Soul or Conscience: Toward a Corporate and an AI Ethic

Religion Matters, 2020

No universal legal or ethical regime governs research into or application of intelligent machine ... more No universal legal or ethical regime governs research into or application of intelligent machine technology. AI and the corporation share common features of being human creations that, potentially, are not only difficult to control, but can be destructive of the interests of humanity. The metaphor of Dr Frankenstein’s monster is apt. If we do not learn from our errors in relation to the inadequate regulation of corporations to protect human rights, the future of AI and human rights is a grim one.

Research paper thumbnail of Eldaleh

Oxford Journal of Law and Religion, 2017

Research paper thumbnail of Blind Faith': The Emerging Doctrine of an Implied Term of Good Faith in Contracts

Research paper thumbnail of On Being Economic with Words - Relationships between the Statutory Criteria of Part IV of the Trade Practices Act 1974 (Cth) and Economic Concepts

Research paper thumbnail of Sisalem v The Herald & Weekly Times Ltd

Oxford Journal of Law and Religion, 2017

Research paper thumbnail of Paying for Human Rights Before the Bill Comes: Towards a More Comprehensive Domestic Implementation of International Human Rights Norms in Australia

SSRN Electronic Journal, 2009

She kindly provided me with an (as yet) unpublished draft of the second of those papers and the g... more She kindly provided me with an (as yet) unpublished draft of the second of those papers and the galley proof of the first. She also made recommendations as to other resources. I also gratefully acknowledge the capable assistance of my research assistant, Ms Rebecca Young. Thanks go to my colleague in chambers, Ms Larissa Detmold, who made helpful suggestions on an earlier draft. The opinions expressed are my own and not those of my organisation of which I am a member. I take sole responsibility for those opinions and any errors in this paper.

Research paper thumbnail of Freedom of Religion under Bills of Rights

The University of Adelaide Press publishes externally refereed scholarly books by staff of the Un... more The University of Adelaide Press publishes externally refereed scholarly books by staff of the University of Adelaide. It aims to maximise the accessibility to its best research by publishing works through the internet as free downloads and as high quality printed volumes on demand. Electronic Index: this book is available from the website as a down-loadable PDF with fully searchable text. Please use the electronic version to serve as the index.

Research paper thumbnail of Freedom of Religion or Belief

Research paper thumbnail of Creating and conserving constitutional space

Freedom of Religion or Belief, 2020

See, e.g., Stand Up for Human Rights www .standup4humanrights .org/ en/ index .html; 'Celebrate t... more See, e.g., Stand Up for Human Rights www .standup4humanrights .org/ en/ index .html; 'Celebrate the 70th Anniversary of the UDHR', Amnesty International www .amnesty .org .au/ events/ celebrate-the-70th-anniversary-of-the-udhr/ ; 70 Years Universal Declaration of Human Rights www .humanrights70 .eu.

Research paper thumbnail of An Incurable Malaise: Commonwealth V. Australian Capital Territory and Baskin V. Bogan as Symptoms of Early-Onset Dystopia

BYU Law Review, 2015

I. INTRODUCTIONDystopia holds sway in all of our imaginations. That concept of control by others ... more I. INTRODUCTIONDystopia holds sway in all of our imaginations. That concept of control by others and loss of individual freedom is the stuff of our collective nightmare. The very idea that the only freedom is one of conforming to an order that is dictated sends chills down the spine.One thing that is noticeably absent in the books and films of the popular dystopia is any mention of deity or religion. The implied premise seems to be that all such questions were disposed of long before the events of the current story. But nowhere do we get the backstory as to how such questions disappeared.We are left to guess how, in this or that particular dystopia, consideration of the divine disappeared. Recognizing, as one must, that correlation is not causation, we are left to speculate whether the loss of religious inclination was merely coincidental or whether that loss may have had some contributing effect to the sorry state of affairs in which the story places us.We may not be in need of spe...

Research paper thumbnail of Protecting Religious Freedom under Bills of Rights: Australia as Microcosm

Freedom of Religion under Bills of Rights

ABSTRACT

Research paper thumbnail of Feels Like Déjà Vu: An Australian Bill of Rights and Religious Freedom

BYU L. Rev., 2010

While the world undergoes a religious revival,'the protection of religious freedom, particul... more While the world undergoes a religious revival,'the protection of religious freedom, particularly of minority religious groups, seems increasingly under threat. 2 Most religious scholars report that religious liberty is" treading water at best, retreating at worst." 3 According to the Pew Forum on Religion & Public Life, nearly 70 percent of the world's 6.8 billion people live in countries with high restrictions on religion.'Religious constraints take two forms:" official curbs on faith and... hostility that believers endure at the

Research paper thumbnail of Performance management in higher education-the Great Divide

Imprint, 2007

Performance management in universities has been introduced increasingly throughout the 1990s as a... more Performance management in universities has been introduced increasingly throughout the 1990s as a response to political ideology, higher education policy, fiscal conditions and the industrial relations environment. Through an examination of Australian ...

Research paper thumbnail of Dignity—Continuation of a Dialogue

Routledge eBooks, Mar 11, 2024

Research paper thumbnail of “. . . Speak Now or Forever Hold Your Peace . . .” —The Influence of Constitutional Argument on Same-Sex Marriage Legislation Debates in Australia

BYU Law Review, 2014

This article seeks to present the position as at March 2013. The writer is indebted to his collea... more This article seeks to present the position as at March 2013. The writer is indebted to his colleague at the South Australian Bar, Christopher Brohier, who made significant contributions to the submissions we made together before parliamentary committees and to legislators. 1. Another potential inhibitor to free speech is anti-discrimination legislation, as exemplified in the now withdrawn federal Human Rights and Anti-Discrimination Bill 2012 currently under committee review. There were fundamental questions as to its constitutional validity and clarity of drafting, as well as its departure from principles in relation to the standard of proof.

Research paper thumbnail of Somnambulating Towards AI Dystopia?

Research paper thumbnail of Immortal Beings Without Soul or Conscience: Toward a Corporate and an AI Ethic

Religion Matters, 2020

No universal legal or ethical regime governs research into or application of intelligent machine ... more No universal legal or ethical regime governs research into or application of intelligent machine technology. AI and the corporation share common features of being human creations that, potentially, are not only difficult to control, but can be destructive of the interests of humanity. The metaphor of Dr Frankenstein’s monster is apt. If we do not learn from our errors in relation to the inadequate regulation of corporations to protect human rights, the future of AI and human rights is a grim one.

Research paper thumbnail of Eldaleh

Oxford Journal of Law and Religion, 2017

Research paper thumbnail of Blind Faith': The Emerging Doctrine of an Implied Term of Good Faith in Contracts

Research paper thumbnail of On Being Economic with Words - Relationships between the Statutory Criteria of Part IV of the Trade Practices Act 1974 (Cth) and Economic Concepts

Research paper thumbnail of Sisalem v The Herald & Weekly Times Ltd

Oxford Journal of Law and Religion, 2017

Research paper thumbnail of Paying for Human Rights Before the Bill Comes: Towards a More Comprehensive Domestic Implementation of International Human Rights Norms in Australia

SSRN Electronic Journal, 2009

She kindly provided me with an (as yet) unpublished draft of the second of those papers and the g... more She kindly provided me with an (as yet) unpublished draft of the second of those papers and the galley proof of the first. She also made recommendations as to other resources. I also gratefully acknowledge the capable assistance of my research assistant, Ms Rebecca Young. Thanks go to my colleague in chambers, Ms Larissa Detmold, who made helpful suggestions on an earlier draft. The opinions expressed are my own and not those of my organisation of which I am a member. I take sole responsibility for those opinions and any errors in this paper.

Research paper thumbnail of Freedom of Religion under Bills of Rights

The University of Adelaide Press publishes externally refereed scholarly books by staff of the Un... more The University of Adelaide Press publishes externally refereed scholarly books by staff of the University of Adelaide. It aims to maximise the accessibility to its best research by publishing works through the internet as free downloads and as high quality printed volumes on demand. Electronic Index: this book is available from the website as a down-loadable PDF with fully searchable text. Please use the electronic version to serve as the index.

Research paper thumbnail of Freedom of Religion or Belief

Research paper thumbnail of Creating and conserving constitutional space

Freedom of Religion or Belief, 2020

See, e.g., Stand Up for Human Rights www .standup4humanrights .org/ en/ index .html; 'Celebrate t... more See, e.g., Stand Up for Human Rights www .standup4humanrights .org/ en/ index .html; 'Celebrate the 70th Anniversary of the UDHR', Amnesty International www .amnesty .org .au/ events/ celebrate-the-70th-anniversary-of-the-udhr/ ; 70 Years Universal Declaration of Human Rights www .humanrights70 .eu.

Research paper thumbnail of An Incurable Malaise: Commonwealth V. Australian Capital Territory and Baskin V. Bogan as Symptoms of Early-Onset Dystopia

BYU Law Review, 2015

I. INTRODUCTIONDystopia holds sway in all of our imaginations. That concept of control by others ... more I. INTRODUCTIONDystopia holds sway in all of our imaginations. That concept of control by others and loss of individual freedom is the stuff of our collective nightmare. The very idea that the only freedom is one of conforming to an order that is dictated sends chills down the spine.One thing that is noticeably absent in the books and films of the popular dystopia is any mention of deity or religion. The implied premise seems to be that all such questions were disposed of long before the events of the current story. But nowhere do we get the backstory as to how such questions disappeared.We are left to guess how, in this or that particular dystopia, consideration of the divine disappeared. Recognizing, as one must, that correlation is not causation, we are left to speculate whether the loss of religious inclination was merely coincidental or whether that loss may have had some contributing effect to the sorry state of affairs in which the story places us.We may not be in need of spe...

Research paper thumbnail of Protecting Religious Freedom under Bills of Rights: Australia as Microcosm

Freedom of Religion under Bills of Rights

ABSTRACT

Research paper thumbnail of Feels Like Déjà Vu: An Australian Bill of Rights and Religious Freedom

BYU L. Rev., 2010

While the world undergoes a religious revival,'the protection of religious freedom, particul... more While the world undergoes a religious revival,'the protection of religious freedom, particularly of minority religious groups, seems increasingly under threat. 2 Most religious scholars report that religious liberty is" treading water at best, retreating at worst." 3 According to the Pew Forum on Religion & Public Life, nearly 70 percent of the world's 6.8 billion people live in countries with high restrictions on religion.'Religious constraints take two forms:" official curbs on faith and... hostility that believers endure at the