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 "three-dimensionality" " 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.

A huge number of clinical studies and meta-analyses have shown that psychotherapy is effective on average. However, not every patient profits from psychotherapy and some patients even deteriorate in treatment. Due to this result and the restricted generalization of clinical studies to clinical practice, a more patient-focused research strategy has emerged. The question whether a particular treatment works for an individual case is the focus of this paradigm. The use of repeated assessments and the feedback of this information to therapists is a major ingredient of patient-focused research. Improving patient outcomes and reducing dropout rates by the use of psychometric feedback seems to be a promising path. Therapists seem to differ in the degree to which they make use of and profit from such feedback systems. This dissertation aims to better understand therapist differences in the context of patient-focused research and the impact of therapists on psychotherapy. Three different studies are included, which focus on different aspects within the field: Study I (Chapter 5) investigated how therapists use psychometric feedback in their work with patients and how much therapists differ in their usage. Data from 72 therapists treating 648 patients were analyzed. It could be shown that therapists used the psychometric feedback for most of their patients. Substantial variance in the use of feedback (between 27% and 52%) was attributable to therapists. Therapists were more likely to use feedback when they reported being satisfied with the graphical information they received. The results therefore indicated that not only patient characteristics or treatment progress affected the use of feedback. Study II (Chapter 6) picked up on the idea of analyzing systematic differences in therapists and applied it to the criterion of premature treatment termination (dropout). To answer the question whether therapist effects occur in terms of patients’ dropout rates, data from 707 patients treated by 66 therapists were investigated. It was shown that approximately six percent of variance in dropout rates could be attributed to therapists, even when initial impairment was controlled for. Other predictors of dropout were initial impairment, sex, education, personality styles, and treatment expectations. Study III (Chapter 7) extends the dissertation by investigating the impact of a transfer from one therapist to another within ongoing treatments. Data from 124 patients who agreed to and experienced a transfer during their treatment were analyzed. A significant drop in patient-rated as well as therapist-rated alliance levels could be observed after a transfer. On average, there seemed to be no difficulties establishing a good therapeutic alliance with the new therapist, although differences between patients were observed. There was no increase in symptom severity due to therapy transfer. Various predictors of alliance and symptom development after transfer were investigated. Impacts on clinical practice were discussed. Results of the three studies are discussed and general conclusions are drawn. Implications for future research as well as their utility for clinical practice and decision-making are presented.

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.

This cumulative thesis encompass three studies focusing on the Weddell Sea region in the Antarctic. The first study produces and evaluates a high quality data set of wind measurements for this region. The second study produces and evaluates a 15 year regional climate simulation for the Weddell Sea region. And the third study produces and evaluates a climatology of low level jets (LLJs) from the simulation data set. The evaluations were done in the attached three publications and the produced data sets are published online. In 2015/2016, the RV Polarstern undertook an Antarctic expedition in the Weddell Sea. We operated a Doppler wind lidar on board during that time running different scan patterns. The resulting data was evaluated, corrected, processed and we derived horizontal wind speed and directions for vertical profiles with up to 2 km height. The measurements cover 38 days with a temporal resolution of 10-15 minutes. A comparisons with other radio sounding data showed only minor differences. The resulting data set was used alongside other measurements to evaluate temperature and wind of simulation data. The simulation data was produced with the regional climate model CCLM for the period of 2002 to 2016 for the Weddell Sea region. Only smaller biases were found except for a strong warm bias during winter near the surface of the Antarctic Plateau. Thus we adapted the model setup and were able to remove the bias in a second simulation. This new simulation data was then used to derive a climatology of low level jets (LLJs). Statistics of occurrence frequency, height and wind speed of LLJs for the Weddell Sea region are presented along other parameters. Another evaluation with measurements was also performed in the last study.

The intonational realization of utterances is generally characterized by regional as well as inter- and intra-speaker variability in f0. Category boundaries thus remain “fuzzy” and it is non-trivial how the (continuous) acoustic space maps onto (discrete) pitch accent categories. We focus on three types of rising-falling contours, which differ in the alignment of L(ow) and H(igh) tones with respect to the stressed syllable. Most of the intonational systems on German have described two rising accent categories, e.g., L+H* and L*+H in the German ToBI system. L+H* has a high-pitched stressed syllable and a low leading tone aligned in the pre-tonic syllable; L*+H a low-pitched stressed syllable and a high trailing tone in the post-tonic syllable. There are indications for the existence of a third category which lies between these two categories, with both L and H aligned within the stressed syllable, henceforth termed (LH)*. In the present paper, we empirically investigate the distinctiveness of three rising-falling contours [L+H*, (LH)*, and L*+H, all with a subsequent low boundary tone] in German wh-questions. We employ an approach that addresses both the form and the function of the contours, also taking regional variation into account. In Experiment 1 (form), we used a delayed imitation paradigm to test whether Northern and Southern German speakers can imitate the three rising-falling contours in wh-questions as distinct contours. In Experiment 2 (function), we used a free association task to investigate whether listeners interpret the pragmatic meaning of the three contours differently. Imitation results showed that German speakers—both from the North and the South—reproduced the three contours. There was a small but significant effect of regional variety such that contours produced by speakers from the North were slightly more distinct than those by speakers from the South. In the association task, listeners from both varieties attributed distinct meanings to the (LH)* accent as opposed to the two ToBI accents L+H* and L*+H. Combined evidence from form and function suggests that three distinct contours can be found in the acoustic and perceptual space of German rising-falling contours.

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.