Associate Professor Heather Roberts
PhD (ANU), LLB(Hons)/BA(Asian Studies)(Hons)
Senior Lecturer
ANU College of Law
Areas of expertise
- Constitutional Law 180108
- Property Law (Excl. Intellectual Property Law) 180124
- Biography 210304
- Equity And Trusts Law 180112
- Law And Society 180119
Research interests
Heather Roberts teaches constitutional law, property law and equity and trusts. Her research examines Australian constitutional law and history, with a biographical focus. Her PhD thesis examined the constitutional jurisprudence of Justice Deane. In 2017 she was awarded an early career fellowship by the Australian Research Council, titled 'The Ideal Judge'. Her project explores expectations of judges and judging in Australian Supreme Courts. Using the prism of judicial swearing-in ceremonies, the project will consider differing historical, regional, and gender-based expectations of judges, and how those expectations that have been deemed necessary to maintain confidence in the judiciary.
Biography
Copies of selected publications can be found at my ANU College of Law webpage:
http://law.anu.edu.au/staff/heather-roberts
Researcher's projects
- comparative analysis of the constitutional jurisprudence of Australian High Court judges
- comparative analysis of the swearing-in speeches of Australian High Court and Federal Court judges
Past student projects
Celia Winnett 'Just Terms' or Just Money? Section 51 (xxxi), Native Title and Non-Monetary Terms of Acquisition 33(3) University of New South Wales Law Journal
Publications
- Ray, A, Clifford, D & Roberts, H 2023, 'Digital Assets as Property and the Challenges of Forced Judicial Activism', in Natalie Mrockova, Aruna Nair, Luke Rosti (ed.), Modern Studies in Property Law, Hart Publishing, United Kingdom, pp. 12-33.
- Roberts, H & Henderson, A 2022, 'Designing Law School Assessment to Meet New Forms of Legal Practice : A Model from Australia', Clinical Law Review, vol. 28, no. 2, pp. 451-476.
- Ray, A, Reynolds, A & Roberts, H 2022, 'Youth Activists, Climate Conscious Lawyering and Environmental Policy: Parliamentary Inquiry Submissions in Legal Education', The IUCN AEL Journal of Environmental Law, no. 12, pp. 90-107.
- Henderson, A & Roberts, H 2022, 'ELECTRONIC CONVEYANCING: WHAT HAPPENS WHEN THE COMPUTER SAYS ‘No’ Australian Law Journal, vol. 96, pp. 83-85.
- Appleby, G & Roberts, H 2021, 'The Chief Justice: Under Relational and Institutional Pressure', in Gabrielle Appleby and Andrew Lynch (ed.), THE JUDGE, THE JUDICIARY AND THE COURT: Individual, Collegial and Institutional Judicial Dynamics in Australia, Cambridge University Press, United Kingdom, pp. 50-79.
- Cahill-O’Callaghan, R & Roberts, H 2021, 'Hidden depths: diversity, difference and the High Court of Australia', International Journal of Law in Context, vol. 17, no. 4.
- Roberts, H 2020, 'Heather Roberts review of Hilary Heilbron, Rose Heilbron; Evan Thomas, First; Pamela Burton, From Moree to Mabo; and Constance Backhouse, Claire La-Heureux-Dube', Australian Journal of Biography and History, vol. 4.
- Roberts, H 2019, 'Judges, Judging and Humour', Law and Society Review, vol. 53, no. 4, pp. 1379-1382.
- Roberts, H 2018, 'Law through the Lens of Biography', in James Stellios (ed.), Encounters with Constitutional Interpretation and Legal Education: Essays in Honour of Michael Coper, The Federation Press, Annandale Sydney NSW Australia, pp. 110-123.
- Macintosh, A, Roberts, H & Constable, A 2017, 'An Empirical Evaluation of Environmental Citizen Suits under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth)', Sydney Law Review, vol. 39, no. 1, pp. 85-121.
- Coper, M, Roberts, H & Stellios, J 2017, 'Introduction', in Michael Coper; Heather Roberts; James Stellios (ed.), The Tasmanian Dam Case 30 Years On: An Enduring Legacy, The Federation Press, Australia NSW, pp. 1-10pp.
- Thornton, M & Roberts, H 2017, 'Women Judges, Private Lives: (In)visibilities in Fact and Fiction', University of New South Wales Law Journal, vol. 40, no. 2, pp. 761-777pp.
- Coper, M, Roberts, H & Stellios, J, eds, 2017, The Tasmanian Dam Case 30 Years On: An Enduring Legacy, The Federation Press, Australia NSW.
- Roberts, H & Appleby, G 2016, 'Law and Literature- Analysing Style in Judgement Writing', in Gabrielle Appleby and Rosalind Dixon (ed.), The Critical Judgments Project: Re-reading Monis v The Queen, The Federation Press, Annandale, NSW, pp. 28-42pp.
- Appleby, G & Roberts, H 2016, 'He who would not be muzzled: Justice Heydon's last dissent in Monis v The Queen (2013)', in Andrew Lynch (ed.), Great Australian Dissents, Cambridge University Press, Cambridge, United Kingdom, pp. 335-354.
- Roberts, H & Sweeney, L 2015, 'Review Essay: Why (Re) Write Judgements?', Sydney Law Review, vol. 37, pp. 457-466.
- Roberts, H 2015, 'Book review: Australian Feminist Judgments: Righting and Rewriting the Law, edited by Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter', Legal Studies, vol. 35, no. 3, pp. 558-565.
- Roberts, H 2014, 'Telling a History of Australian Women Judges Through Courts' Ceremonial Archives', The Australian Feminist Law Journal, vol. 40, no. 1, pp. 147-162.
- '"Swearing Mary": The Significance of the Speeches Made at Mary Gaudron's Swearing-in as a Justice of the High Court of Australia' Sydney Law Review, vol. 34, no. 3, pp. 493-510.
- Roberts, H 2012, 'Women Judges, "Maiden Speeches," and the High Court of Australia', in Beverley Baines, Daphne Barak-Erez, Tsvi Kahana (ed.), Feminist Constitutionalism: Global Perspectives, Cambridge University Press, New York, USA, pp. 113-131.
- Roberts, H 2011, 'A Mirror to the Man Reflecting on Justice William Deane: A Private Man in Public Office', Adelaide Law Review, vol. 32, pp. 17-46.
- Roberts, H & Williams, J 2009, 'Constitutional Law', in Ian Freckelton and Hugh Selby (ed.), Appealing to the Future: Michael Kirby and His Legacy, Thomson Reuters, Pyrmont, Australia, pp. 179-216.
Projects and Grants
Grants information is drawn from ARIES. To add or update Projects or Grants information please contact your College Research Office.
- The Ideal Judge (Primary Investigator)
