11. Grounds for judicial reviewIllegality

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter looks at the classification of grounds for judicial review, illegality, ultra vires, jurisdictional and non-jurisdictional error, subjective discretion and the ultra vires doctrine, improper purpose with or without express stipulation in the empowering statute, mixed motives, relevant and irrelevant considerations with or without express stipulation in the empowering statute, lack of evidence, and unlawful failure to exercise a discretionary power by policy, estoppel based on a representation made by an official, agreement, or wrongful delegation.

Overdetermination and Obligation

This chapter is concerned with circumstances where a person’s act makes no difference to the occurrence of a negative outcome, but is a member of a group of acts that does make such a difference. In the light of an analysis of these circumstances, it argues against two familiar ideas. One is Derek Parfit’s view that the wrongness of an act directly depends on the consequences of the group of acts of which it is a member. The other is the view that intentions are irrelevant to permissibility. The chapter suggests that wrongness and permissibility, in these cases, is distinguished by the intentions of those who act. It also argues that intentions make a difference to a person’s liability to punitive, compensatory, and defensive harm. Finally, it briefly considers cases involving mixed motives.

Type and amount of help as predictors for impression of helpers

Impression of helpers can vary as a function of the magnitude of helping (amount of help) and of situational and motivational aspects (type of help). Over three studies conducted in Sweden and the US, we manipulated both the amount and the type of help in ten diverse vignettes and measured participants’ impressions of the described helpers. Impressions were almost unaffected when increasing the amount of help by 500%, but clearly affected by several type of help-manipulations. Particularly, helpers were less positively evaluated if they had mixed motives for helping, did not experience intense emotions or empathy, or if helping involved no personal sacrifice. In line with the person-centered theory of moral judgment, people seem to form impressions of helpers primarily based on the presumed underlying processes and motives of prosociality rather than its consequences.

Immigrant entrepreneurs and community social capital: an exploration of motivations and agency

PurposeThe social capital used to access ethnic community resources is widely recognized in the literature as being important for immigrant entrepreneurship. However, there is limited knowledge regarding the extent to which immigrant entrepreneurs' agency, specifically their motivations, influence their use of, and contributions to, their ethnic social capital. In this paper, the authors explore this relationship.Design/methodology/approachBased on a qualitative approach, this research utilizes semi-structured interviews and thematic analysis to identify the motivations, sources and effects of ethnic social capital.FindingsThis research indicates that immigrant entrepreneurs have mixed motives when engaging with their ethnic communities. The findings suggest that the immigrant entrepreneurs' social capital–mediated interactions within their ethnic community are driven not only by the social structure but that their agency, specifically their motivations, play an important role in them. While entrepreneurs hold mixed motives, they recognize the importance of business success. Thus, they make concessions to their ethnic community and utilize its resources if doing so benefits their business.Research limitations/implicationsThis research explores the role that immigrant entrepreneurs' motivations play in how they use and contribute to immigrant community social capital. By doing so, this study brings agency to the forefront of the discussion on immigrant entrepreneurship and social capital.Practical implicationsThis study provides insight into the connection between the extent to which immigrant entrepreneurs utilize and contribute to their ethnic community's social capital, their motivations for doing so and the effect that these factors have on the businesses as well as their ethnic communities. This understanding might be useful for organizations seeking to foster immigrant entrepreneurship as well as for entrepreneurs themselves.Originality/valueIndividuals' motivations as they relate to social capital involve a variable that is rarely, if ever, considered – that is, individual agency. Thus, this research contributes this perspective to the immigrant entrepreneurship literature but also more broadly to the social capital and entrepreneurship fields. This research can be extended to understand the impact of entrepreneurs' motivations on the communities in which they are embedded.

Prescription Opioid Misuse Motives in US Older Adults

Objectives To evaluate age-based differences in prescription opioid misuse (POM) motives and to evaluate substance use and mental and physical health correlates of POM motive categories in older adults. Design Data were from the National Survey on Drug Use and Health (NSDUH), a nationally representative US survey. Setting The NSDUH is a household survey. Subjects A total of 5,826 US residents with past-year POM; 415 were 50 years and older (7.1%). Methods Nine POM motives were assessed among those engaged in past-year POM, grouped into three categories: solely physical pain relief, solely non–pain relief, or mixed motives. Prevalence of POM motives were calculated by age group, with logistic models examining age-based differences. Finally, odds of substance use and mental and physical health correlates by motive category were calculated via logistic models in older adults. Results POM motivated solely by physical pain relief increased from 35.1% in young adults to 65.4% in older adults; in older adults, 84.7% of POM episodes involved pain relief as a motive. POM for solely non–pain relief or mixed motives was associated with greater odds, vs pain relief only, of past-year benzodiazepine misuse (odds ratio [OR] = 4.43 and 6.15, respectively), any substance use disorder (OR = 5.57 and 5.60, respectively), and suicidal ideation (OR = 4.05 and 3.56, respectively) in older adults. Conclusions . POM motives change over the lifespan, with increasing POM for pain relief with aging. Comprehensive nonopioid pain management is needed for those engaged in POM for pain relief, and substance use and mental health treatment are needed for those with non–pain relief motives.