Provocative Enactments As Regulators of Underarousal and Its Associated Affects
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Unmasking the Right of Publicity
Hastings Law Journal Volume 71 Issue 2 Article 5 2-2020 Unmasking the Right of Publicity Dustin Marlan Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Dustin Marlan, Unmasking the Right of Publicity, 71 HASTINGS L.J. 419 (2020). Available at: https://repository.uchastings.edu/hastings_law_journal/vol71/iss2/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Unmasking the Right of Publicity † DUSTIN MARLAN In the landmark 1953 case of Haelan Laboratories v. Topps Chewing Gum, Judge Jerome Frank first articulated the modern right of publicity as a transferable intellectual property right. The right of publicity has since been seen to protect the strictly commercial value of one’s “persona”—the Latin-derived word meaning the mask of an actor. Why might Judge Frank have been motivated to fashion a transferable right in the monetary value of one’s public persona distinct from the psychic harm to feelings, emotions, and dignity rooted in the individual and protected under the rubric of privacy? Judge Frank was a leading figure in the American legal realist movement known for his unique and controversial “psychoanalysis of certain legal traditions” through influential books including Law and the Modern Mind. His work drew heavily on the ideas of psychoanalytic thinkers, like Sigmund Freud and Carl Jung, to describe the distorting effects of unconscious wishes and fantasies on the decision-making process of legal actors and judges. -
Self-Perception and Performance
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. Self-Perception and Performance. Exploratory research into the narcissists’ first 20 months within a corporate graduate recruitment programme. A dissertation presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Human Development Studies Massey University, Palmerston North New Zealand Jeff Simpson 2012 Dedicated to, Tracy, Sarah, Hannah, and Jamie. i Abstract The intent of this exploratory study was to examine the nature and impact of narcissism in the early career stages of a graduate cohort, where there has previously been little applied narcissism research. Self-reports on self- perception and critical self-insight were obtained individually from 63 new recruits in a multi-national company as part of a graduate recruitment programme. Self-report data were collected on day one of the recruits’ induction programme followed by repeated data collections at nine months and at twenty months into their employment. In addition, at months nine and twenty, two line managers of each recruit completed indicators on their perceptions of the recruits’ actual work performance. Using a newly designed narcissistic traits indicator, line managers also indicated their views of each recruit’s narcissistic tendencies. Results obtained indicated ten of the sixty three graduates had significant narcissistic tendencies. The self-ratings of recruits were subsequently compared to their actual performance as rated by their managers. -
Dissertation in an Environment Containing Academic Conditions and Academic Demands
Can a Psychotherapy Student Authentically Grow Under Academic Demands: A Heuristic Inquiry James N. J. C. Loh 2018 Can a Psychotherapy Student Authentically Grow Under Academic Demands: A Heuristic Inquiry James. N. J. C. Loh A thesis submitted to Auckland University of Technology In partial fulfilment of the requirements for the degree Of Master of Health Science 2017 Discipline of Psychotherapy School of Public Health and Psychosocial Studies Faulty of Health and Environmental Science i Abstract Psychotherapy practice is said to promote its client’s personal growth by creating an environment containing conditions needed for clients to authentically be themselves. This research aims to explore a parallel process, namely, to discover if a researcher and psychotherapist in training can achieve authentic growth during the process of writing a dissertation in an environment containing academic conditions and academic demands. This research asserts that accruing knowledge in training for a chosen profession benefits from being carried out in alignment with the way that profession values knowledge. However, the academic environment in which psychotherapy training occurs appears to include an intolerance of ambiguity, a demand to be clear and straightforward, and an assumption that privileges intellectual understanding, all of which are at odds with the value psychotherapy places on the inclusion of the unconscious and the unknown needed for authentic growth. Exploration of the tension between these two sets of values may prove a useful focus of inquiry for both the profession and its trainees. Using a heuristic methodology and method, and guided by Donald Winnicott’s idea of the “true self,” this research will seek to discover, during the dissertation writing process, aspects of that work which either promote or diminish the ability to grow authentically. -
Boredom Uncovering Feelings from Beneath a Psychic Fog. Rae-Marie
Boredom Uncovering feelings from beneath a psychic fog. Rae-Marie Fenton Auckland University of Technology 2008 This dissertation is submitted to Auckland University of Technology in partial fulfilment of the degree of Master of Health Science (Psychotherapy) - 1 - Table of Contents Table of Contents .......................................................................................................... 2 Attestation of Authorship .............................................................................................. 5 Acknowledgements ....................................................................................................... 6 Abstract ......................................................................................................................... 7 Chapter 1 - Introduction ................................................................................................ 8 Chapter 2 - Methodology ............................................................................................ 14 Method .................................................................................................................... 14 Search criteria .......................................................................................................... 16 Inclusion exclusion criteria ..................................................................................... 16 Disclaimer ............................................................................................................... 17 Table 1: Results of database -
Grief and Mourning in Infancy and Early Childhood INTRODUCTION
(1960). Psychoanalytic Study of the Child, 15:9-52 Grief and Mourning in Infancy and Early Childhood John Bowlby, M.D. INTRODUCTION In a previous paper, that on "Separation Anxiety" (1960), I sketched briefly the sequence of responses to be observed when young children are removed from their mothers and placed with strangers. After delineating the three phases—Protest, Despair, Detachment3—I pointed out that "the phase of Protest raises the problem of separation anxiety; Despair that of grief and mourning; Detachment that of defense. The thesis to be advanced is that the three responses—separation anxiety, grief and mourning, and defense—are phases of a single process and that when treated as such each illumines the other two." The hypothesis advanced there to account for separation anxiety was a corollary of the one advanced in an earlier paper to account for the child's tie to his mother (Bowlby, 1958b). In that paper it was suggested that the child's tie is best conceived as the outcome of a number of instinctual response systems, mostly nonoral in character, which are a part of the inherited behavior repertoire of man; when they are activated and the mother figure is available, attachment behavior results. In the paper on separation anxiety I suggested that, when they are activated and the mother figure is temporarily unavailable, separation anxiety and protest behavior follow. In this and the succeeding papers I shall advance the view that grief and mourning occur in infancy whenever the responses ————————————— 1 Part of an earlier draft of this paper was read before the British Psycho-Analytical Society in October, 1959. -
Donald Woods Winnicott
Stalwarts http://doi.org/10.18231/j.tjp.2020.017 Donald Woods Winnicott D Ambuja Post Graduate, Dept. of Psychiatry, SVS Medical College & Hospital, Mahbubnagar, Telangana, India *Corresponding Author: D Ambuja Email: [email protected] Abstract Donald Woods Winnicott was an English Paediatrician and a Psychoanalyst who contributed to the field of Object Relations Theory and Developmental Psychology.Winnicott described himself as a disturbed adolescent, reacting against his own self-restraining "goodness" trying to assuage the dark moods of his mother, which were the seeds of self-awareness and became the basis of his interest in working with troubled young people.1 Winnicott’s focus highlighted the very start of life as his psychoanalytic clinical findings illuminated the significance of the parental role in early object relations.4 Thus, at the core of Winnicott's contributions are the Parent-Infant Relationship,4 True Self And False Self and Play And Reality.6 Introduction Three distinct phases of Winnicott’s work Donald Woods Winnicott was born on 7 April 1896 According to Winnicott, Psychoanalysis is a study of human in Plymouth, Devon. He began pre-clinical studies at Jesus nature as well as a therapeutic method. With concept of a College, Cambridge in 1914 but, with the onset of World sense of self as the center which evolves in the context of a War I, his studies were interrupted when he was made a facilitating environment i.e. the parent-infant relationship.4 medical trainee at the temporary hospital in Cambridge. In Phase One 1935 – 1944 - The environment-individual 1917, he joined the Royal Navy as a medical officer on set-up the destroyer HMS Lucifer. -
The Use of Photography As a Clinical Tool in Social Work : a Theoretical Exploration Using Winnicottian and Jungian Lenses
Smith ScholarWorks Theses, Dissertations, and Projects 2014 The use of photography as a clinical tool in social work : a theoretical exploration using Winnicottian and Jungian lenses Andre ́ N. Zandoná Smith College Follow this and additional works at: https://scholarworks.smith.edu/theses Part of the Social and Behavioral Sciences Commons Recommended Citation Zandoná, Andre ́ N., "The use of photography as a clinical tool in social work : a theoretical exploration using Winnicottian and Jungian lenses" (2014). Masters Thesis, Smith College, Northampton, MA. https://scholarworks.smith.edu/theses/838 This Masters Thesis has been accepted for inclusion in Theses, Dissertations, and Projects by an authorized administrator of Smith ScholarWorks. For more information, please contact [email protected]. André Zandoná The Use of Photography as a Clinical Tool in Social Work: A Theoretical Exploration Using Winnicottian and Jungian Lenses ABSTRACT In this theoretical study, the photographic process was examined as having the potential to be used as a psychodynamic clinical tool in social work. Psychodynamic theoretical concepts by Carl Jung and Donald W. Winnicott were examined as guiding principles that will allow clinicians to understand how photography can be useful as a means to understand one’s internal experience as well as external relationship with the world. This body of work presented current and potential uses of the camera as an instrument in interpreting the world according to one’s subjectivity. In addition to theoretical examination, this research study also presented real application of photography as it is used by local communities to empower specific communities of color the use of photography as a clinical tool in social work is a potentially relevant and culturally lucrative opportunity in community advocacy and empowerment work. -
Psychoanalyst
the WINTER/SPRING 2017 AMERICAN Volume 51, No. 1 PSYCHOANALYST Quarterly Magazine of The American Psychoanalytic Association The Fierce Urgency of Now: An Appeal INSIDE to Organized Psychoanalysis to Take THIS ISSUE a Strong Stand on Race Dorothy Evans Holmes The first words of the title of this arti- by formulating, adopting and promulgat- cle were spoken by the Reverend Doctor ing a firm position on “the race issue.” In Conversations on Martin Luther King, Jr. in his “Letter our Association and in many others, this Psychoanalysis and Race: from the Birmingham Jail” (April 16, issue continues to be manifested in rac- Part Three: 1963), his “I Have a Dream” speech ism, in which one racial group claims (August 28, 1963), and in his protests of superiority and targets other racial and The Fierce Urgency of Now the Vietnam war. His 1967 quote presents ethnic groups as inferior, thereby justify- his prescient words in a fuller context. ing inhumane treatment of the “othered” Dorothy Holmes races. The inhumane treatment includes We are now faced with the fact ongoing institutional racism and discrimi- Race and Racism in that tomorrow is today. We are nation, mass incarceration of blacks, espe- confronted with the fierce Psychoanalytic Thought cially men, and indiscriminate shootings urgency of now. In this unfolding Beverly Stoute and killings of blacks. This issue and the conundrum of life and history, two preceding TAP issues trace the history there is such a thing as being too Multicultural Competence and institutionalization of racist practices late. This is no time for apathy or in society and relate how theory, supervi- to Radical Openness complacency. -
Ethnic Identity: a Psychoanalytic Critique
Psychology in society (PINS), 1994, 19, 18-30 ETHNIC IDENTITY: A PSYCHOANALYTIC CRITIQUE Leonard Bloom London ''.Beware of those who prefer to individuals the idea of humanity that they have invented. " Andre Gide (1948:1290) INTRODUCTION. In this paper I examine ethnicity and identity-formation in South Africa. I use psychoanalytic theories of some pathological aspects of narcissism to interpret how ethnic identity is an attempt to defend the self against feelings of vulnerability and inferiority that are concealed by manifest aggressive and assertive social behaviour. It is claimed that the intensity and persistence of ethnicity in South Africa is one of the results of racist ideologies and practices, and it is therefore implied that as racism is abated so will the intensity of ethnicity diminish. APPROACHES TO UNDERSTANDING NARCISSISM. It is one of the paradoxes of Freud's thought that his paper "On Narcissism" (1914) should lead to discussions of the psychology of group behaviour in Group psychology and the analysis of the ego (1921) and The ego and the id (1923). Freud showed how intimately related, indeed how inseparable, were the motivations and emotional states that explain individual and social behaviour. Freud's basic position is that there are two stages in the development of narcissism: primary and secondary. The origins of primary narcissism are in early infancy when the baby is interested in no other world but its own body. Although in reality it lives in a world of Others upon whom it depends for its very survival, for nourishment and love, it gives little or nothing in return. -
The Complex Phenomenon of Denial
ONE The Complex Phenomenon of Denial abstract: Freud drew attention to the puzzling phenomenon of denial in many passages of his work. He focused on some of the contradictory aspects of the phenomenon in an article published in 1925. In that same article Freud theo- rized about a number of characteristics in human beings that one must postu- late in order to do justice to these many puzzling and contradictory aspects of denial. One of the strongest conclusions that Freud made was the claim that negation is a precondition for human freedom. I will present Freud’s ideas, but I will also demonstrate that his analysis is incomplete. In particular, Freud, in his crucial article on denial (“Negation” 1925), did not analyze the arduous work required to undo fully a denial and its consequences. In particular Freud did not draw attention to the need for acts of separation from primary care givers and for the creation of metaphoric moves in order to free oneself from the contradictions inherent in denials. INTRODUCTION In this chapter I will present Freud’s analysis of the puzzling phenomenon of denial, which consists of simultaneously denying and revealing the truth. Thus, when a patient answers that the female figure in his dream is not his mother, Freud interprets the answer as revealing that it really is his mother (Freud, S.E., XIX, 235).1 Or when a patient boasts that it is pleasant not to have had her headaches for so long, Freud interprets this as signaling that the attack is not far off (Ibid. -
Calling and Discernment Jim Merhaut
Calling and Discernment Jim Merhaut Is it a Call from God or Something Else? God calls us every day, but how do we know that what we are experiencing is a calling from God? Am I following a voice that is true and rooted in God’s love, or am I following a voice that someone else wrongly gave to me (perhaps even with good intentions), or am I following a voice that I have created in selfishness? God is calling us to live more faithfully to our true selves (the self that is rooted in love for God, neighbor, and self) in every aspect of our lives. What does it look like to have love at the core of a calling? Here are eight characteristics that could help you discern whether or not you are following an authentic Christian calling: • I am following a voice that is calling me to build loving relationships, not to create division in relationships. • I am following a voice that leads me deeper into a communal experience, not deeper into isolation. • I am following a voice that is consistent with the Good News of Jesus Christ presented in the four Gospels, and if there are conflicting biblical voices, the Gospel voice has priority. • I am following a voice that is inspired by the witness of others who are dedicated to building a more loving world. • I am following a voice that is consistent with my life situation, including my interpersonal commitments, the condition of my body, my talents and strengths, and the events around me. -
Psychotherapy of the Depressed Patient1 Walter Bonime, M.D
(1982) Contemp. Psychoanal., 18:173-189 Psychotherapy of the Depressed Patient1 Walter Bonime, M.D. THERE IS A TRADITION OF EXCEPTIONAL difficulty in the psychoanalysis or other psychotherapy of depressives. Edith Jacobson (1954) spoke of a more intensive affective involvement with them. She referred to intervening with a "spontaneous gesture of kindness or even a brief expression of anger, " but wisely added, "… since these patients are frequently very provocative and exasperating, such a deliberate show of emotional responses naturally presupposes the most careful self-scrutiny and self-control in the analyst." Sullivan (1954) commented on the depressive's functioning as particularly difficult to comprehend and deal with, the person "remaining, " as he expressed it, "most remarkably obscure and unknown." Freud (1959) found in the depressive "an attitude of revolt, " which is a formidable barrier to productive therapeutic collaboration. Frieda Fromm-Reichmann (1959) noted the depressive's "lack of interpersonal sensitivity, " which we can recognize as an emphatic hindrance in exploring interpersonal experience; she may also have been referring to a quality in the depressive which Freud (1959) characterized as "incapable of love." Despite the distinguished status of the analysts here referred to, and many more could be quoted to confirm the arduousness of working with depressed people, I feel safe in suggesting, as the most impactful single reference to cite, one's own personal professional experience. This sketchily indicates a consensus regarding an inherent difficulty in psychotherapeutic approaches to the depression prone person. There is, however, an additional complication because of considerable divergence of views regarding the nature of and dynamics involved in depression (reviewed by Arieti and Bemporad 1978) ; (and Mendelson 1974).