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In his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of &amp;quot;three-dimensionality&amp;quot; " an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice ", the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law.

Surveys are commonly tailored to produce estimates of aggregate statistics with a desired level of precision. This may lead to very small sample sizes for subpopulations of interest, defined geographically or by content, which are not incorporated into the survey design. We refer to subpopulations where the sample size is too small to provide direct estimates with adequate precision as small areas or small domains. Despite the small sample sizes, reliable small area estimates are needed for economic and political decision making. Hence, model-based estimation techniques are used which increase the effective sample size by borrowing strength from other areas to provide accurate information for small areas. The paragraph above introduced small area estimation as a field of survey statistics where two conflicting philosophies of statistical inference meet: the design-based and the model-based approach. While the first approach is well suited for the precise estimation of aggregate statistics, the latter approach furnishes reliable small area estimates. In most applications, estimates for both large and small domains based on the same sample are needed. This poses a challenge to the survey planner, as the sampling design has to reflect different and potentially conflicting requirements simultaneously. In order to enable efficient design-based estimates for large domains, the sampling design should incorporate information related to the variables of interest. This may be achieved using stratification or sampling with unequal probabilities. Many model-based small area techniques require an ignorable sampling design such that after conditioning on the covariates the variable of interest does not contain further information about the sample membership. If this condition is not fulfilled, biased model-based estimates may result, as the model which holds for the sample is different from the one valid for the population. Hence, an optimisation of the sampling design without investigating the implications for model-based approaches will not be sufficient. Analogously, disregarding the design altogether and focussing only on the model is prone to failure as well. Instead, a profound knowledge of the interplay between the sample design and statistical modelling is a prerequisite for implementing an effective small area estimation strategy. In this work, we concentrate on two approaches to address this conflict. Our first approach takes the sampling design as given and can be used after the sample has been collected. It amounts to incorporate the survey design into the small area model to avoid biases stemming from informative sampling. Thus, once a model is validated for the sample, we know that it holds for the population as well. We derive such a procedure under a lognormal mixed model, which is a popular choice when the support of the dependent variable is limited to positive values. Besides, we propose a three pillar strategy to select the additional variable accounting for the design, based on a graphical examination of the relationship, a comparison of the predictive accuracy of the choices and a check regarding the normality assumptions.rnrnOur second approach to deal with the conflict is based on the notion that the design should allow applying a wide variety of analyses using the sample data. Thus, if the use of model-based estimation strategies can be anticipated before the sample is drawn, this should be reflected in the design. The same applies for the estimation of national statistics using design-based approaches. Therefore, we propose to construct the design such that the sampling mechanism is non-informative but allows for precise design-based estimates at an aggregate level.

Optimal Control of Partial Integro-Differential Equations and Analysis of the Gaussian Kernel
(2018)

An important field of applied mathematics is the simulation of complex financial, mechanical, chemical, physical or medical processes with mathematical models. In addition to the pure modeling of the processes, the simultaneous optimization of an objective function by changing the model parameters is often the actual goal. Models in fields such as finance, biology or medicine benefit from this optimization step.
While many processes can be modeled using an ordinary differential equation (ODE), partial differential equations (PDEs) are needed to optimize heat conduction and flow characteristics, spreading of tumor cells in tissue as well as option prices. A partial integro-differential equation (PIDE) is a parital differential equation involving an integral operator, e.g., the convolution of the unknown function with a given kernel function. PIDEs occur for example in models that simulate adhesive forces between cells or option prices with jumps.
In each of the two parts of this thesis, a certain PIDE is the main object of interest. In the first part, we study a semilinear PIDE-constrained optimal control problem with the aim to derive necessary optimality conditions. In the second, we analyze a linear PIDE that includes the convolution of the unknown function with the Gaussian kernel.

In the present study a non-motion-stabilized scanning Doppler lidar was operated on board of RV Polarstern in the Arctic (June 2014) and Antarctic (December 2015– January 2016). This is the first time that such a system measured on an icebreaker in the Antarctic. A method for a motion correction of the data in the post-processing is presented.
The wind calculation is based on vertical azimuth display (VAD) scans with eight directions that pass a quality control. Additionally a method for an empirical signal-tonoise ratio (SNR) threshold is presented, which can be calculated for individual measurement set-ups. Lidar wind profiles are compared to total of about 120 radiosonde profiles and also to wind measurements of the ship.
The performance of the lidar measurements in comparison with radio soundings generally shows small root mean square deviation (bias) for wind speed of around 1ms-1(0.1ms-1) and for wind direction of around 10 (1). The post-processing of the non-motion-stabilized data shows comparably high quality to studies with motion-stabilized systems.
Two case studies show that a flexible change in SNR threshold can be beneficial for special situations. Further the studies reveal that short-lived low-level jets in the atmospheric boundary layer can be captured by lidar measurements with a high temporal resolution in contrast to routine radio soundings. The present study shows that a non-motionstabilized Doppler lidar can be operated successfully on an
icebreaker. It presents a processing chain including quality control tests and error quantification, which is useful for further measurement campaigns.

Interaction between the Hypothalamic-Pituitary-Adrenal Axis and the Circadian Clock System in Humans
(2017)

Rotation of the Earth creates day and night cycles of 24 h. The endogenous circadian clocks sense these light/dark rhythms and the master pacemaker situated in the suprachiasmatic nucleus of the hypothalamus entrains the physical activities according to this information. The circadian machinery is built from the transcriptional/translational feedback loops generating the oscillations in all nucleated cells of the body. In addition, unexpected environmental changes, called stressors, also challenge living systems. A response to these stimuli is provided immediately via the autonomic-nervous system and slowly via the hypothalamus"pituitary"adrenal (HPA) axis. When the HPA axis is activated, circulating glucocorticoids are elevated and regulate organ activities in order to maintain survival of the organism. Both the clock and the stress systems are essential for continuity and interact with each other to keep internal homeostasis. The physiological interactions between the HPA axis and the circadian clock system are mainly addressed in animal studies, which focus on the effects of stress and circadian disturbances on cardiovascular, psychiatric and metabolic disorders. Although these studies give opportunity to test in whole body, apply unwelcome techniques, control and manipulate the parameters at the high level, generalization of the results to humans is still a debate. On the other hand, studies established with cell lines cannot really reflect the conditions occurring in a living organism. Thus, human studies are absolutely necessary to investigate mechanisms involved in stress and circadian responses. The studies presented in this thesis were intended to determine the effects of cortisol as an end-product of the HPA axis on PERIOD (PER1, PER2 and PER3) transcripts as circadian clock genes in healthy humans. The expression levels of PERIOD genes were measured under baseline conditions and after stress in whole blood. The results demonstrated here have given better understanding of transcriptional programming regulated by pulsatile cortisol at standard conditions and short-term effects of cortisol increase on circadian clocks after acute stress. These findings also draw attention to inter-individual variations in stress response as well as non-circadian functions of PERIOD genes in the periphery, which need to be examined in details in the future.

The classic Capital Asset Pricing Model and the portfolio theory suggest that investors hold the market portfolio to diversify idiosyncratic risks. The theory predicts that expected return of assets is positive and that reacts linearly on the overall market. However, in reality, we observe that investors often do not have perfectly diversified portfolios. Empirical studies find that new factors influence the deviation from the theoretical optimal investment. In the first part of this work (Chapter 2) we study such an example, namely the influence of maximum daily returns on subsequent returns. Here we follow ideas of Bali et al. (2011). The goal is to find cross-sectional relations between extremely positive returns and expected average returns. We take account a larger number of markets worldwide. Bali et al. (2011) report with respect to the U.S. market a robust negative relation between MAX (the maximum daily return) and the expected return in the subsequent time. We extent substantially their database to a number of other countries, and also take more recent data into account (until end of 2009). From that we conclude that the relation between MAX and expected returns is not consistent in all countries. Moreover, we test the robustness of the results of Bali et al. (2011) in two time-periods using the same data from CRSP. The results show that the effect of extremely positive returns is not stable over time. Indeed we find a negative cross-sectional relation between the extremely positive returns and the average returns for the first half of the time series, however, we do not find significant effects for the second half. The main results of this chapter serve as a basis for an unpublished working paper Yuan and Rieger (2014b). While in Chapter 2 we have studied factors that prevent optimal diversification, we consider in Chapter 3 and 4 situations where the optimal structure of diversification was previously unknown, namely diversification of options (or structured financial products). Financial derivatives are important additional investment form with respect to diversification. Not only common call and put options, but also structured products enable investors to pursue a multitude of investment strategies to improve the risk-return profile. Since derivatives become more and more important, diversification of portfolios with dimension of derivatives is of particularly practical relevance. We investigate the optimal diversification strategies in connection with underlying stocks for classical rational investors with constant relative risk aversion (CRRA). In particular, we apply Monte Carlo method based on the Black-Scholes model and the Heston model for stochastic volatility to model the stock market processes and the pricing of the derivatives. Afterwards, we compare the benchmark portfolio which consists of derivatives on single assets with derivatives on the index of these assets. First we compute the utility improvement of an investment in the risk-free assets and plain-vanilla options for CRRA investors in various scenarios. Furthermore, we extend our analysis to several kinds of structured products, in particular capital protected notes (CPNs), discount certificates (DCs) and bonus certificates (BCs). We find that the decision of an investor between these two diversification strategies leads to remarkable differences. The difference in the utility improvement is influenced by risk-preferences of investors, stock prices and the properties of the derivatives in the portfolio. The results will be presented in Chapter 3 and are the basis for a yet unpublished working paper Yuan and Rieger (2014a). To check furthermore whether underlyings of structured products influence decisions of investors, we discuss explicitly the utility gain of a stock-based product and an index-based product for an investor whose preferences are described by cumulative prospect theory (CPT) (Chapter 4, compare to Yuan (2014)). The goal is that to investigate the dependence of structured products on their underlying where we put emphasis on the difference between index-products and single-stock-products, in particular with respect to loss-aversion and mental accounting. We consider capital protected notes and discount certificates as examples, and model the stock prices and the index of these stocks via Monte Carlo simulations in the Black-Scholes framework. The results point out that market conditions, particularly the expected returns and volatility of the stocks play a crucial role in determining the preferences of investors for stock-based CPNs and index-based CPNs. A median CPT investor prefers the index-based CPNs if the expected return is higher and the volatility is lower, while he prefers the stock-based CPNs in the other situation. We also show that index-based DCs are robustly more attractive as compared to stock-based DCs for CPT investors.

Krylov subspace methods are often used to solve large-scale linear equations arising from optimization problems involving partial differential equations (PDEs). Appropriate preconditioning is vital for designing efficient iterative solvers of this type. This research consists of two parts. In the first part, we compare two different kinds of preconditioners for a conjugate gradient (CG) solver attacking one partial integro-differential equation (PIDE) in finance, both theoretically and numerically. An analysis on mesh independence and rate of convergence of the CG solver is included. The knowledge of preconditioning the PIDE is applied to a relevant optimization problem. The second part aims at developing a new preconditioning technique by embedding reduced order models of nonlinear PDEs, which are generated by proper orthogonal decomposition (POD), into deflated Krylov subspace algorithms in solving corresponding optimization problems. Numerical results are reported for a series of test problems.

Entrepreneurship is a process of discovering and exploiting opportunities, during which two crucial milestones emerge: in the very beginning when entrepreneurs start their businesses, and in the end when they determine the future of the business. This dissertation examines the establishment and exit of newly created as well as of acquired firms, in particular the behavior and performance of entrepreneurs at these two important stages of entrepreneurship. The first part of the dissertation investigates the impact of characteristics at the individual and at the firm level on an entrepreneur- selection of entry modes across new venture start-up and business takeover. The second part of the dissertation compares firm performance across different entrepreneurship entry modes and then examines management succession issues that family firm owners have to confront. This study has four main findings. First, previous work experience in small firms, same sector experience, and management experience affect an entrepreneur- choice of entry modes. Second, the choice of entry mode for hybrid entrepreneurs is associated with their characteristics, such as occupational experience, level of education, and gender, as well as with the characteristics of their firms, such as location. Third, business takeovers survive longer than new venture start-ups, and both entry modes have different survival determinants. Fourth, the family firm- decision of recruiting a family or a nonfamily manager is not only determined by a manager- abilities, but also by the relationship between the firm- economic and non-economic goals and the measurability of these goals. The findings of this study extend our knowledge on entrepreneurship entry modes by showing that new venture start-ups and business takeovers are two distinct entrepreneurship entry modes in terms of their founders" profiles, their survival rates and survival determinants. Moreover, this study contributes to the literature on top management hiring in family firms: it establishes family firm- non-economic goals as another factor that impacts the family firm- hiring decision between a family and a nonfamily manager.

Numerous RCTs demonstrate that cognitive behavioral therapy (CBT) for depression is effective. However, these findings are not necessarily representative of CBT under routine care conditions. Routine care studies are not usually subjected to comparable standardizations, e.g. often therapists may not follow treatment manuals and patients are less homogeneous with regard to their diagnoses and sociodemographic variables. Results on the transferability of findings from clinical trials to routine care are sparse and point in different directions. As RCT samples are selective due to a stringent application of inclusion/exclusion criteria, comparisons between routine care and clinical trials must be based on a consistent analytic strategy. The present work demonstrates the merits of propensity score matching (PSM), which offers solutions to reduce bias by balancing two samples based on a range of pretreatment differences. The objective of this dissertation is the investigation of the transferability of findings from RCTs to routine care settings.

Educational assessment tends to rely on more or less standardized tests, teacher judgments, and observations. Although teachers spend approximately half of their professional conduct in assessment-related activities, most of them enter their professional life unprepared, as classroom assessment is often not part of their educational training. Since teacher judgments matter for the educational development of students, the judgments should be up to a high standard. The present dissertation comprises three studies focusing on accuracy of teacher judgments (Study 1), consequences of (mis-)judgment regarding teacher nomination for gifted programming (Study 2) and teacher recommendations for secondary school tracks (Study 3), and individual student characteristics that impact and potentially bias teacher judgment (Studies 1 through 3). All studies were designed to contribute to a further understanding of classroom assessment skills of teachers. Overall, the results implied that, teacher judgment of cognitive ability was an important constant for teacher nominations and recommendations but lacked accuracy. Furthermore, teacher judgments of various traits and school achievement were substantially related to social background variables, especially the parents" educational background. However, multivariate analysis showed social background variables to impact nomination and recommendation only marginally if at all. All results indicated differentiated but potentially biased teacher judgments to impact their far-reaching referral decisions directly, while the influence of social background on the referral decisions itself seems mediated. Implications regarding further research practices and educational assessment strategies are discussed. The implications on the needs of teachers to be educated on judgment and educational assessment are of particular interest and importance.