3 resultados para Causation.
em Digital Commons @ DU | University of Denver Research
Resumo:
Psychotherapy research reveals consistent associations between therapeutic alliance and treatment outcomes in the youth and adult literatures. Despite these consistent findings, prospective associations are not sufficient to support the claim that the alliance is a change mechanism in psychotherapy. The current study examined the direction of effect of the alliance- outcome relationship, the contribution of early symptom change in treatment to the development of therapeutic alliance, and the potential for pretreatment interpersonal functioning characteristics to be third variables that account for the association between alliance and outcome. Participants were adolescents with depression and a history of interpersonal trauma that presented to a community mental health center for treatment. Findings demonstrated that a more positive therapeutic alliance predicted greater subsequent symptom improvement, even after removing symptom change occurring before the measurement of alliance. Results also suggested that early change only slightly contributed to alliance development. Finally, though pretreatment interpersonal functioning was related to the first session alliance, these pretreatment client characteristics were not related to later alliance or symptom change. Overall, results provided some support for therapeutic alliance as a mechanism of change in psychotherapy. Methodological and clinical issues are discussed.
Resumo:
On September 17, 2015, the Federal Circuit issued another decision in the epic Apple v. Samsung smartphone war. This was the fourth court decision in the ongoing saga to deal with injunctions. Apple IV explained the level of proof necessary to satisfy the "causal nexus" requirement. This requirement had emerged as a response to patent litigations involving products with thousands of features, the vast majority of which are unrelated to the asserted patent. To prove a causal nexus, patentees seeking an injunction have to do more than just show that the infringing product caused the patentee irreparable harm. The harm must be specifically attributable to the infringing feature. In Apple IV, the Federal Circuit noted that proving causation was "nearly impossible" in these multicomponent cases. So it decided to water down the causal nexus requirement saying that it was enough for Apple to show that the infringing features were "important"and customer sought these particular features. This lower standard is an ill-advised mistake that leaves multicomponent product manufacturers more susceptible to patent holdup. My critique takes two parts. First, I argue that a single infringing feature rarely, if ever, "causes" consumers to buy the infringer’s multicomponent products. The minor features at issue in Apple IV illustrate this point vividly. Thus, the new causal nexus standard does not accurately reflect how causation and harm operate in a multicomponent world. Second, I explain why the court was so willing to accept such little evidence of real injury. It improperly applied notions of traditional property law to patents. Specifically, the court viewed patent infringement as harmful regardless of any concrete consequences. This view may resonate for other forms of property where an owner's rights are paramount and a trespass is considered offensive in and of itself. But the same concepts do not apply to patent law where the Supreme Court has consistently said that private interests must take a back seat to the public good. Based on these principles, the courts should restore the "causal nexus" requirement and not presume causation.
Resumo:
Ambivalent Sovereignty inquires into the subject of political realism. This subject, sovereign authority, appears to have a dual foundation. It appears divided against itself, but how can realism nonetheless observe legitimate modes of sovereignty emerge? Against the liberal idea that a "synthesis" of both material-coercive and ideal-persuasive powers should be accomplished, within the world of international relations, realism gives meaning to a structural type of state power that is also constitutionally and legitimately dividing itself--against itself. Machiavelli but particularly also other realists such as Hannah Arendt, Max Weber, and Aristotle are being reinterpreted to demonstrate why each state's ultimate authority may symbiotically emerge from its self-divisions, rather than from one synthetic unity. Whereas liberal theorists, from Montesquieu to John Rawls and Alexander Wendt, err too far in assuming the presence of the state's monistic authority, the realist theorists further advance an answer to how sovereign states may begin to both recognize and include only the most-legitimate manifestations of their common dualist authority. Ambivalent Sovereignty is relevant in this sense as it transcends-and-yet-includes these common dualities: freedom/necessity; emergence/causation; self-organization/power structures.