Examining the influence of the European Convention on Human Rights in Northern Ireland courts

This article examines the influence of the European Convention on Human Rights (ECHR) on the legal culture of litigants and judges in Northern Ireland. The results show that there has been a dramatic increase in the number of judicial review cases based upon the ECHR in the years immediately following implementation of the treaty through the Human Rights Act. However, while there has been an increase in the number of ECHR claims by litigants, judges in Northern Ireland have thus far been reluctant to issue declarations of incompatibility pursuant to the Human Rights Act. Furthermore, a multivariate analysis of the likelihood of Northern Irish judges to rule against the government shows that, controlling for other factors, judges are not more willing to rule against the government when the ECHR is invoked. Overall, it appears that the early influence of the ECHR on Northern Irish law has been greatest in the willingness of litigants to bring judicial review cases based upon the treaty—a development that may portend larger changes in UK jurisprudence in the future.     

RIDICULING THE ‘WHITE BREAD ORIGINAL’

The 1994 US Supreme Court decision in Luther Campbell et al. v. Acuff-Rose Music, Inc., written by Justice David Souter, reversed a lower court decision and argued in favor of the rap group 2 Live Crew's playful critique of Roy Orbison's ‘Oh Pretty Woman’ by its function as parody. This essay seeks to contextualize that decision by showing the roots of 2 Live Crew's recording in the practice of ‘covering’ – the re-recording of an existent popular composition – and thus the possibilities for redefining authorship that arose with the advent of digital technology. The compositional techniques allowed by computer programs led to the proliferation of sampling in the hip-hop community, thereby liberating sounds from the original content and reconfiguring them in new songs. The technique allowed a critical, and in some cases adversarial, stance to be taken towards long-standing Western definitions of authorship and ownership. 2 Live Crew added to this rich stew of possibilities the familiar and time-tested genre of parody. Their piece took what one judge referred to as the ‘white bread original’ of the Roy Orbison record and twisted about the implicit point of view with regard to gender and sexuality. Discussion of the legal complications that followed upon the suing of the group by the holder of the copyright in the Orbison song, Acuff-Rose Music, Inc., includes the apparently sanctioned use of the song in the Disney-produced film Pretty Woman as well as the use of other Orbison material in director David Lynch's Blue Velvet. The essay concludes with suggestions as to how the language of Justice Souter's decision allows not only for future parodies but also a reinvigoration of speech, one which calls into question power relationships codified in US copyright statutes.     

Specific Organizational Citizenship Behaviours and Organizational Effectiveness: The Development of a Conceptual Heuristic Device

Organizational citizenship behaviour has generally been associated with organizational effectiveness. However, recent research has shown that this may not always be the case and that certain types of organizational citizenship behaviour such as compulsory citizenship behaviour, may be inimical to the fulfillment of formal goals and organizational effectiveness. Using military historical and business organizational secondary data, the paper maintains that extreme variance in either organizational (task) or personal (social psychological) support organizational citizenship behaviour generates entropic citizenship behaviour which derails completely the effective accomplishment of formal organizational goals. A general model of organizational citizenship behaviour with entropic citizenship behavior as its novel conceptual boundary is developed in the paper, and four specific propositions with implications for future empirical research are delineated.     

In and Out of the Ethnic Economy: A Longitudinal Analysis of Ethnic Networks and Pathways to Economic Success across Immigrant Categories1

The economic benefits to immigrants of taking jobs in ethnic workplaces, relative to the open economy, are heavily debated. We examine longitudinally differences across immigrant categories in how the choice of ethnic or non‐ethnic workplace influences the ethnic composition of social networks and how these factors impact immigrants’ economic success. Using the Longitudinal Survey of Immigrants to Canada, with data 6 months, 2 years, and 4 years after arrival, we find support for both sides of the ethnic economy debate when it is qualified by immigrant category. While economic immigrants benefit from non‐ethnic workplaces, family immigrants face economic penalties in the open economy and do better in ethnic workplaces. We argue that policies sorting immigrants into visa categories do much of the work of leading them into segmented paths of incorporation.     

Changes in At-Risk American Men's Crime and Substance Use Trajectories Following Fatherhood

Fatherhood can be a turning point in development and in men's crime and substance use trajectories. At-risk boys (N = 206) were assessed annually from ages 12 to 31 years. Crime, arrest, and tobacco, alcohol, and marijuana use trajectories were examined. Marriage was associated with lower levels of crime and less frequent substance use. Following the birth of a first biological child, men's crime trajectories showed slope decreases, and tobacco and alcohol use trajectories showed level decreases. The older men were when they became fathers, the greater the level decreases were in crime and alcohol use and the less the slope decreases were in tobacco and marijuana use. Patterns are consistent with theories of social control and social timetables.     

A Critical Look at Some Analyses of Major League Baseball Salaries

At a data analysis exposition sponsored by the Section on Statistical Graphics of the ASA in 1988, 15 groups of statisticians analyzed the same data about salaries of major league baseball players. By examining what they did, what worked, and what failed, we can begin to learn about the relative strengths and weaknesses of different approaches to analyzing data. The data are rich in difficulties. They require reexpression, contain errors and outliers, and exhibit nonlinear relationships. They thus pose a realistic challenge to the variety of data analysis techniques used. The analysis groups chose a wide range of model-fitting methods, including regression, principal components, factor analysis, time series, and CART. We thus have an effective framework for comparing these approaches so that we can learn more about them. Our examination shows that approaches commonly identified with Exploratory Data Analysis are substantially more effective at revealing the underlying patterns in the data and at building parsimonious, understandable models that fit the data well. We also find that common data displays, when applied carefully, are often sufficient for even complex analyses such as this.