The “Perverse Result” of Disability Rights: Deregulating Care Workers’ Labor Unions in the Supreme Court

In Harris v. Quinn (2014), the United States Supreme Court used disability rights rhetoric of independence and control to argue that disabled people—not the State—are the real employers of in-home care workers. Consequently, the State cannot force care workers to pay labor union fees. Justice Alito’s majority decision interprets the employment contract as a capacity contract: a device that uses the recognition of equal cognitive capacity to obscure domination. Alito ignored the vulnerability of disabled people and in-home care workers to legitimize neoliberal cutbacks. In her dissent, Justice Kagan argued that disabled people, care workers, and the State forge multiple and iterative contracts. Using Kagan’s dissent, Charles Mills’s critique of ideal theory, and Susan Burgess and Christine Keating’s participatory social contract, I argue that an emancipatory contract must replace cognitive capacity as the condition of membership with the recognition of shared human vulnerability amid oppressive conditions.     

Not-Knowing or Knowing Naught: Revisiting the Concept of Collaboration and Expertise in Child and Youth Care Practice

This article discusses the complexities associated with adopting a not-knowing stance in Child and Youth Care practice. By highlighting some of the challenges, it also clarifies the distinctions between practitioner lack of knowing how to proceed and an intentional, uncertain attitude when working with children, youth and families. Recommendations or caveats are provided if a practitioner chooses to adopt this kind of orientation to practice.     

Ethics and Public Sector Management: The Western Australian Experience

This paper considers two specific difficulties in developing a code of ethics for the public sector, the contested nature of the values to be expressed in a code of ethics and the organisational demands of a corporate managerialist framework which uses performance indicators. Using the example of the Western Australian public sector code of ethics, the authors conclude that a good strategy for developing a public sector code of ethics will recognise contestability, demonstrate philosophical integrity in the code, mesh the code with identified performance indicators and provide whistleblower protection. The strategy described provides a sufficient framework for any public sector bureaucracy to develop a justifiable code of ethics for use by public sector employees.